Acts of the General Assembly of the state of Georgia, passed in Milledgeville, at an annual session in November and December, 1833 [volume 1]

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 POLHILL FORT, PRINTERS 18331100 English

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN MILLEDGEVILLE, AT AN ANNUAL SESSION IN NOVEMBER AND DECEMBER, 1833. 18331100 18331200 PUBLISHLD BY AUTHORITY. POLHILL FORT, PRINTERS. 1834.

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. PASSED IN NOVEMBER AND DECEMBER, 1833. ACADEMIES. AN ACT to incorporate Talonaga Academy, in the town of Talonaga, in Lumpkin county, and appoint Trustees for the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same. That John Choice, William D. Nixson, Berry Woody, N. B. Harbin, William Worley, and their successors in office, be, and they are hereby appointed Trustees of Talonaga Academy, in the county of Lumpkin, and as such are made and declared to be a body corporate, with power to sue and be sued, plead and be impleaded, have, hold and convey property belonging to said Academy, now or hereafter, and do all other things appertaining to the same. SEC. 2. And be it further enacted, That the Trustees of the Academy aforesaid, shall have power to adopt such by-laws as they may deem necessary and proper for the government and prosperity of the same: Provided, such by-laws are not repugnant to the laws and Constitution of this State. SEC. 3. And be it further enacted, That when a vacancy shall happen in the board of Trustees of said Academy, by death, resignation, or otherwise, the remaining Trustees of said

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Academy or some Justice of the Peace, shall proceed to fill such vacancy by ballot, of all those entitled to vote for members to the Legislature, within the town corporation, giving ten days notice on the Court-house door. SEC. 4. And be it further enacted, That the Trustees of the Academy aforesaid, as a body corporate, shall, and they are hereby declared to be able and capable of receiving, having and holding, all gifts, grants and donations, whether real or personal, which may be given, granted or tendered to them, for the benefit of said Academy, any law, usage or custom to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, Dec 21st, 1833. AN ACT to incorporate the Livingston Academy, in Floyd county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the Academy in Floyd county shall be known by the name of Livingston Academy, and that Edwin G. Rogers, Joseph Johnston, Seabourn Johnson, John Caldwell, and Benjamin R. McCutcheon, and their successors in office, be, and they are hereby declared to be a body politic and corporate, by the name and style of the Trustees of Livingston Academy, and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorized to make such by-laws and regulations as may be necessary for the government of said Academy: Provided, such by-laws are not repugnant to the Constitution and laws of this State, and for that purpose may have and use a common seal, appoint such officers as they may think proper,

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and remove the same from office for improper conduct or neglect of duty. SEC. 2. And be it further enacted by the authority aforesaid, That the said Trustees shall be capable of accepting and being invested with all manner of property, real and personal, all donations, gifts, grants, privileges, and immunities whatsoever, which may belong to said institution, or which may hereafter be conveyed or transferred to them or their successors in office, to have and to hold the same for the proper use, benefit, and behoof of said Academy. SEC. 3. And be it further enacted by the authority aforesaid, That when any vacancy may happen by death, resignation or otherwise, of any of the Trustees of said Academy, the survivors, or a majority of said Trustees, shall fill the same in such manner as shall be pointed out by the by-laws and regulations of the Trustees aforesaid. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1883. AN ACT to authorize the Trustees of Bibb county Academy to sell a part of the Academy Square, in the city of Macon. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Trustees of the Bibb county Academy may, by a unanimous vote of the Board, sell such part of the Academy square, in the city of Macon, as may be necessary to defray the expenses of erecting the Academy edifice in said square, and the improvements about the same. SEC. 2. Be it further enacted, That the said Trustees may execute a conveyance to the purchaser or purchasers of the lots

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operation, shall be permitted to draw on said funds, according to the laws heretofore passed, and now of force. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT, to incorporate the Academy at Americus, in the county of Sumpter, and to appoint Trustees for the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That John J. Britt, Joseph Mims, Robert Savage, James Glass, William S. Horton, Thomas Johnston, and Daniel N. Little, and their successors in office, be, and they are hereby appointed, and they, and their successors in office, shall, and they are hereby declared to be a body corporate, by the name, and under the title, of the Trustees of the Sumpter County Academy, at Americus, with the privilege of using a common seal. SEC. 2. And be it further enacted, That the said Trustees, and their successors in office, or a majority of them, are hereby authorized and empowered, to call on any and every person holding any money, or other effects, or evidences of debt belonging to the funds of said Academy; and all other funds to become due to said Academy the said Trustees are authorized and empowered to appropriate in the manner they may think best calculated to promote the interest of said institution, and to erect a suitable building for the promotion of literature. SEC. 3. And be it further enacted, That the aforesaid Trustees, and their successors in office, or a majority of them, shall have full power and authority, to make such by-laws and regulations as may be necessary for the government of said Academy:

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Provided, such by-laws and regulations be not repugnant to the constitution and laws of the State; and the said Trustees shall be entrusted with all manner of property, both real and personal, all donations, gifts, grants, privileges, and immunities whatever, which may belong to said institution, by virtue of this act; or, which may hereafter be made or conveyed to them, or their successors in office, to have, and to hold the same: Provided, the same shall not be construed to impair the general superintendence by law given to the Senatus Academicus of this State, over public schools supported by the funds of the State. SEC. 4. And be it further enacted, That the said Trustees, and their successors in office, under the name and style aforesaid, shall be, and are hereby declared to be capable of suing and being sued, pleading and being impleaded, and of using all means necessary and lawful for securing and defending any money, property, debts, or demands whatever, which now does, or hereafter may belong to said institution. SEC. 5. And be it further enacted, That when any vacancy may happen, by death, resignation, or otherwise, of any of the Trustees of said Academy, the remaining Trustees are hereby authorized to fill such vacancy, in such manner as may be pointed out by the by-laws of said institution: Provided, such vacancy shall always be filled at the earliest practicable period, after the same shall happen. SEC. 6. And be it further enacted, That said Trustees shall have power to elect a Treasurer, who shall give bond, with approved security to said Trustees, and their successors in office, in the sum of two thousand dollars, conditioned for the faithful discharge of the trust reposed in him. SEC. 7. And be it further enacted, That all laws and parts of laws, militating against the true intent and meaning of this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833.

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AN ACT to incorporate Warren Academy, in Houston county, and to appoint Trustees for the same, and for other purposes. 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 Needham Massey, Jacob Fudge, John Bryan, Solomon Fudge, and James Holderness, and their successors, be, and they are hereby appointed Trustees of Warren Academy, in Houston county. SEC. 2. And be it further enacted, That the aforesaid Commissioners of Warren Academy, and their successors in office, be, and they are hereby declared to be capable of using a common seal, of suing and being sued, pleading and being impleaded, in the several courts of law and equity in this State, of receiving and holding for the use of said Academy, all donations, gifts, grants, and bequests, of executing and receiving titles to property, and of executing and receiving acquittances; and of making, by the vote of a majority, all necessary bylaws, for the government of said Academy, and filling all vacancies that may occur in the Board of Commissioners. SEC. 3. And be it further enacted, That the Trustee of the Poor School Fund, of said county, be authorized to pay to said Commissioners of Warren Academy, one-fourth of the fund originally known as the Academy Fund of said county, for the ensuing two years. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833.

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AN ACT to sell lots Nos. 10 and 100, and the State's half of all lots fraudulently drawn and legally condemned, in the counties of Thomas, Decatur, Early, and Baker, reserved for academical purposes; and all other lots of land in said counties, that have not been drawn, and are yet the property of the State. Be it enacted by the Senate and House of Repesentatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the sheriffs of the counties of Thomas, Decatur, Early, and Baker, be, and they are hereby authorized and required to expose to sale, at the court houses in the several counties aforesaid, all lots Nos. 10 and 100, and the State's half of all lots, fraudulently drawn and legally condemned, in the several counties and districts aforesaid, and all other lots of land in said counties, that have not been drawn, and are yet the property of the State, first giving sixty days' notice in one of the public gazettes, in this State, and at three or more of the most public places in the said counties. SEC. 2. And be it further enacted, That the sheriffs of the said counties shall be authorized to give ten months credit on the amount of the sale of said lots of land, and the purchaser or purchasers thereof, a certificate of said sale and purchase upon his, her, or their, giving good and sufficient security for the payment of the amount of said sale, to be adjudged of by said sheriff, and on the presentment of said certificate at the proper offices, a grant shall issue to said purchaser, or purchasers, as in other cases. SEC. 3. And be it further enacted, That the sheriffs aforesaid shall, immediately after the sale of said land, turn over to the Central Bank of this State, all notes, or sums of money which he may be able to obtain by the sale of said lands, aforesaid, which shall be a part of the academic fund of this State, any law to the contrary notwithstanding. SEC. 4. And be it further enacted, That the sheriffs aforesaid, shall receive compensation at the rate of five per cent., from the proceeds of said sales, and that the notes so taken shall

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be made payable to the Governor of this State, and his successors in office. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT, to amend an Act, passed the 22d day of December, 1832, authorizing the Sheriff of Lowndes county, to sell lots, Nos. 10 and 100, in the several districts in said county, reserved and sold for academic purposes. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from, and immediately after the passage of this act, it may be lawful for the Sheriff of said county, selling said lots, Nos. 10 and 100, in the county of Lowndes, or his successors in office, to make a good and sufficient title to the purchaser or purchasers of said lots or tracts of land, when the said purchaser or purchasers, shall have paid over to the treasurer of the academic fund of said county, all sums of money arising from the sale of said lots. SEC. 2. Be it further enacted, That his Excellency, the Governor, cause grants to issue to said lots, on the purchaser or purchasers paying into the treasury of this State, the sum of two dollars. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833.

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AN ACT, to authorize the Trustees of Mount Carmel Academy, to draw the academic fund of the county of Crawford. 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 so soon as the Trustees of the Mount Carmel Academy, shall make to his Excellency, the Governor, a return of the number of scholars and branches of learning taught in said Academy, according to the requisitions of the several laws of this State, regulating Academies, it shall and may be lawful for the Trustees of said Academy, to draw and receive such portion of the academic fund as may, at the time of making said return, be due the county of Crawford. SEC. 2. And be it enacted by the authority aforesaid, That nothing herein contained, shall be construed to the exclusion or prejudice of any other Academy that may hereafter be incorporated in said county. SEC. 3. And be it enacted by the authority aforesaid, That all laws and parts of laws, militating against this act, be and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833. AN ACT to incorporate the Academy at the county site in Forsyth county, and to appoint Trustees for the same. Be it enacted by the Senate and House of Bepresentatives of the State of Georgia, in General Assembly met, and it is

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hereby enacted by authority of the same, That from and after the passage of this act, Jacob M. Scudder, William Hammond, Isaac Whorton, Oliver Strickland and Richard Hays, be, and they are hereby appointed Trustees of the county Academy, in the county of Forsyth, and incorporated under the name and style of the Forsyth county Academy, under which name they are invested with all authority incident to incorporations. SEC. 2. And be it enacted by the authority aforesaid, That said Trustees, or a majority of them, be, and they are hereby authorised to draw for such funds as may belong to their Academy, with full authority to manage such funds as they in their judgment may deem most advisable for the object of their trust. SEC. 3. And be it enacted by the authority aforesaid, That should any vacancy happen by death, resignation or removal of any of the Trustees of said Academy hereby established, it shall be filled in such manner as a majority of the remaining Trustees may point out in their regulations, at their first meeting after the passage of this act, or at any meeting thereafter; Provided, that the same shall not exceed twelve months. Sec. 4. And be it enacted by the authority aforesaid, That the said Trustees shall have power to appoint a Treasurer, who shall give bond and approved security to the said Trustees for the time being, or their successors in office, in the sum of Five Thousand Dollars, for the faithful discharge of the trust reposed in him. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833.

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AN ACT to incorporate Etowah Academy, in the county of Cherokee; the Cobb Academy, in the county of Cobb; the Livingston Academy, in the county of Floyd; the Forsyth Academy, in the county of Forsyth; the Gilmer Academy, in the county of Gilmer; the Telonica Academy, in the county of Lumpkin; the Murray Academy, in the county of Murray; the Pleasant Grove Academy, in the county of Paulding; the Academy, in the county of Union; the Shady Dale Academy, in the county of Jasper; the Taylor's Creek Union Academy, in the county of Liberty; the Bethesda Academy, in the county of Warren; the Buckeye Academy, in the county of Laurens; the South Liberty Academy, in the county of Wilkes; the Union Academy, in the county of Upson, and the Oakchumpna Academy, in the county of Upson; the Pond Town Academy, in the county of Sumpter, and the Franklin Academy in the county of Putnam, and the Tessentee Academy, in the county of Lumpkin; and to appoint Trustees for the several Academies, and to appoint additional Trustees for the Houston Okmulgee Academy, in the county of Houston, and for other purposes. 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 Howell Cobb, William Gresham, James Burns, William Lay, and Philip Kroft, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Etowah Academy, in Cherokee county; and that George W. Winters, William B. Malone, Lemma Kirtley, William Morris, and Jacob R. Brooks, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Cobb Academy, in Cobb county; and that Edwin G. Rogers, Joseph Johnston, Seaborn J. Johnston, John Caldwell, and Benjamin R. M`Cutchin, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Livingston Academy, in Floyd county; and that Jacob M. Scudder, Isaac Wharton, William Hammond, Richard Hays, and Oliver Strickland, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Forsyth Academy, in Forsyth county; and that

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Benjamin Griffith, James Kell, James B. Henson, Clem Quillian, and William P. King, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Gilmer Academy, in Gilmer county; and that Hines Holt, John H. Ware, John Choice, N. B. Harbin, and John A. Bracken, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Telonica Academy, in Lumpkin county; and that William N. Bishop, Nelson Dickerson, William Oats, James C. Barnett, and John J. Humphries, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Murray Academy, in Murray county; and that Strothers F. Burgess, William Box, Hiram Wright, Joel Dyer, and John Rollins, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Pleasant Grove Academy, in the county of Paulding; and that John Walker, Lewis Metts, Benjamin Jenkins, John Dupree, Neal Urquhart, Isham Glover, Eli F. Walker, William Hall, L. B. Smith, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Pond Town Academy, in Sumpter county; and that Benjamin Bussey, James Clark, Skelton Napier, Michael Dennis, and Isaac R. Waller, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name, and under the title of the Trustees of Franklin Academy, in the county of Putnam; and that Moses Anderson, John Butt, sen'r., John Sanders, Thompson Collins, and John Hendrick, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Blairsville Academy, in the county of Union; and that Leroy M. Wilson, Harman H. Gieger, James Buland, Thomas M. Darnall, and Aris Newton, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Shady Dale Academy, in Jasper county; and that Eli Bradly, Enoch Daniel, Robert Hendry, James Lang, and William H. Martin, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Taylor's

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Creek Union Academy, in Liberty county; and that Daniel Demsis, Fulden Hill, Joseph Wright, Peter Cody, George W. Hardaway, and Samuel Newman, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Bethesda Academy, in the county of Warren; and that Joshua Morgan, Aaron W. Grier, Owen Holladay, Moses Alexander, and James Morgan, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the South Liberty Academy, in Wilkes county; and that David Kindall, Shepherd B. Saunders, Robert Jackson, Reuben White, Joseph Baldwin, D. A. Allen, and Mark Jackson, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Union Academy, in the county of Upson; and that William Robinson, William Worthey, Edmund Steward, Dixon Harp, James Halsey, William Trotter, and Samuel Wright, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Oakchumpna Academy, in the county of Upson; and that Winfield Wright, Alexander Merriwether, Echols Hightower, William Bridges, and Russell Kellum, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Buckeye Academy, in the county of Laurens; and that John D. Field, Augustus Holt, John Martin, John D. Glover, and Berry Turner, be, and they are hereby appointed Trustees to the Tessentee Academy, in the county of Lumpkin, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Tessentee Academy, in Lumpkin county. Each of said corporations shall have the power of using a common seal. SEC. 2. And be it enacted by the authority aforesaid, That the said several Trustees in their corporate capacities be, and they are hereby declared to be vested with the several rights and immunities, and subject to the same regulations as are set forth and embodied in an act of the general assembly, passed on the ninth day of December, one thousand eight hundred and twenty-four, entitled an act to incorporate the Laurenceville Academy, in the county of Gwinnett, and to appoint trustees for the same.

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SEC. 3. And be it enacted by the authority aforesaid, That his excellency the Governor be, and he is hereby authorized and required to cause one-half of the Academic Fund, due to county of Laurens, to be paid to the Buckeye Academy, in said county. SEC. 4. And be it enacted by the authority aforesaid, That Meredith Joiner, and Daniel Dupree, be, and they are hereby constituted additional trusteees of Houston Okmulgee academy, in the county of Houston. SEC. 5. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against the provisions of this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT, to incorporate the Cassville Academy, in Cass county, and appoint Trustees for the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, John W. Hooper, William L. Morgan, Malachi Jones, Charles Cleghorn, and Thomas G. Barron, and their successors in office, be, and they are hereby appointed Trustees for the Cassville Academy, in the county of Cass. SEC. 2. And be it enacted by the authority aforesaid, That the said Trustees, and their successors in office, be, and they are declared to be a body politic, and corporate, by the name and style of the Trustees of the Cassville Academy, and as such shall be capable and liable to sue and be sued, to plead and be impleaded,

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and shall be empowered to make such by-laws, rules and regulations, as may be necessary for the government of said Academy: Provided, that such by-laws, rules and regulations, are not repugnant to the constitution and laws of this State, and for that purpose, may have and use a common seal, and may appoint such officers as they may think proper, and remove them from office. SEC. 3. And be it enacted by the authority aforesaid, That the Trustees aforesaid, shall be capable of accepting, and being invested with all manner of property, both real and personal, all gifts, donations, grants, rights, privileges and immunities whatever, which may belong to said institution, or which may hereafter be conveyed or transferred to the same, for the proper benefit, and behoof of said Academy. SEC. 4. And be it enacted by the authority aforesaid, That when any vacancy shall happen, by death, resignation or otherwise, of any one or more of the Trustees of said Academy, their survivors, or a majority of them, shall fill such vacancy, any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT, to repeal the laws, appointing Trustees of the Marion County Academy, and to appoint Trustees for the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That A. F. Temple, James Newberry, Andrew Burnes, Burton W. Dowd, Whitfield Williams, and William Maddox, be, and the same are hereby appointed Trustees of the Marion County Academy.

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SEC. 2. And be it enacted by the authority aforesaid, That all laws heretofore passed appointing or authorizing the appointment of Trustees of the Marion County Academy, be, and the same are hereby repealed, so far, and no farther, as relates to the appointment of Trustees. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to incorporate certain Academies, and to appoint Trustees for the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That James Anderson, James F. White, John Gardner, John J. Hightower, William Willis, J. C. W. Lindsey and Lunsford Pitts, and their successors in office, be, and they are hereby declared to be a body corporate, by the name and style of the Trustees of Union Hill Academy, in the county of Upson. SEC. 2. And be it enacted by the authority aforesaid, That Hiram Wright, Ensley P. Hogan, Wm. Box, Joel Dyer, and John Rollins. and their successors in office, be, and they are hereby declared to be a body corporate, by the name and style of the Trustees of Paulding county Academy, in the county of Paulding. SEC. 3. And be it enacted by the authority aforesaid, That William A. Cowan, Joseph J. Chappel, Reuben A. Nash, James G. Wall, and Champion Butler, and their successors in office, be, and they are hereby declared to be a body corporate, by the name and under the style of the Trustees of the Planters' Academy, in the county of Twiggs.

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SEC. 4. And be it enacted by the authority aforesaid, That Hugh F. Rose, Henry Hunter, William Barron, Alexander Odin, Joseph Day, Nathaniel G. Slaughter and John Gay, and their successors in office, are hereby declared to be a body corporate, by the name and style of the Trustees of the Union Hill Male and Female Academy, of the county of Jones. And wherever, a regular course of tuition in either the Male or Female department, or in both, shall be in successful operation in said Academy, it shall be entitled to all the benefits intended by law for incorporated Academies. SEC. 5. And be it enacted by the authority aforesaid, That and their successors in office, be, and they are hereby declared a body corporate, under the name and style of the Trustees of the Newton county Female Seminary, in the county of Newton. SEC. 6. And be it enacted by the authority aforesaid, That Richard J. Nichols, Thomas Ragland, Thomas Foard, William J. Davis, and Benjamin H. Reynolds, and their successors in office, be, and they are hereby declared to be a body corporate, under the name and style of the Trustees of the Midway Male and Female Academy, in the county of Baldwin, and that said Trustees shall be entitled to receive at the next distribution, a like portion of the Academic fund, of the county of Baldwin, and be placed on the same footing with the other incorporated Academy in said county. SEC. 7. And be it enacted by the authority aforesaid, That Howell Cobb, Wm. Gresham, Richard Holt, Daniel R. Mitchell, Franklin F. Daniel, and their successors in office, be appointed Trustees for the Etowah Academy, in the county of Cherokee, as a body corporate, and under the name and style of the Trustees of Etowah Academy, in the county of Cherokee. SEC. 8. And be it enacted by the authority aforesaid, That each of said incorporations shall have the privilege of using a common seal, and the said Trustees in their corporate capacities, are hereby declared to be vested with the several rights and immunities, and subject to the same regulations as are set forth in an act passed on the 9th of December, 1824, entitled an act to incorporate the Lawrenceville Academy in the county of Gwinnett, and to appoint Trustees for the same. SEC. 9. And be it enacted by the authority aforesaid, That whereas, Henry Cerr of the county of Crawford, having made a

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donation of an Academical edifice to the said county, that Hiram B. Troutman, Elijah M. Amos, Bryan F. Lane, John Hannon and Richard Harvey be, and are hereby appointed Trustees for the Knoxville Academy, in the county of Crawford, with full power to have, hold and receive, all and singular, such lands and tenements as shall or may be hereafter conveyed to them by any person for school purposes, in any manner whatever, and the said Trustees shall be capable of sueing and being sued, and their successors in office. SEC. 10. And be it enacted by the authority aforesaid, That said Trustees, or a majority of them, shall have full power and authority to fill all vacancies which may hereafter occur in said board of Trustees, and to pass all necessary by-laws and regulations as shall be deemed necessary for the proper management of the said institution: Provided, the same are not repugnant to the laws and Constitution of the State of Georgia. SEC. 11. And be it enacted by the authority aforesaid, That William Hill, Jeptha Brantley, Simeon Taylor, Miller W. McCraw and John T. Pope, be, and they are hereby appointed Trustees to Hill Academy, in the county of Monroe, and that the said Academy be incorporated and known under the name and style of Hill Academy, and that said Trustees and their successors in office, be, and they are hereby appointed and constituted a body politic and corporate, with all the rights and privileges incident to their said office of Trustees. SEC. 12. And be it enacted by the authority aforesaid, That Lewis F. Powell, Hardy Perry, Edward Hatcher, John Gordon and Wade Brown, and their successors in office, be, and they are hereby declared to be a body corporate, under the name and style of the Trustees of the Pleasant Grove Academy, in the county of Burke, and that said Trustees shall be entitled to receive an equal portion of the Academic fund of the county of Burke, and be placed upon the same footing with the other incorporated Academy in said county. SEC. 13. And be it enacted by the authority aforesaid, That Joseph Brown, Benjamin Searcy, [Illegible Text] Magee, Josiah Matthews, and their successors in office, be, and they are hereby appointed Trustees of the Union Academy, in the county of Talbot, and by that name shall be a corporation, and capable of suing and being sued, and may make all by-laws and fill all vacancies which may happen in said board of Trustees, and do all other acts incident to such corporations.

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SEC. 14. And be it enacted by the authority aforesaid, That the Male and Female schools in the village of Cullodenville, in Monroe county, be blended and incorporated under the name and title of the Cullodenville Academy, and that John W. Persons, Enos R. Flewellen, William H. Pritchard, Cullin Locket, Arthur Ginn, James Jones, James Banks, Robert Tripple, Charles Hardy, Thomas Stanford, A. Speer, Newdigate Ousely and John Sweed, and their successors, be, and are hereby appointed Trustees of said Academy, and are constituted a body politic and corporate, with all the rights, powers and privileges incident to their said office of Trustees. SEC. 15. And be it enacted by the authority aforesaid, That Elihu N. Walden, John Shannon, John F. Clower, John Daniel and David Allison, and their successors in office, be, and they are hereby appointed Trustees of Gullitsville Academy in the county of Monroe, and are to be constituted a body politic and corporate, with all the rights and privileges to their said office of Trustees. SEC. 16. And be it enacted by the authority aforesaid, That Moses Butt, Josiah Grimes, Robert G. Johnson, A. M. Wammoc, Osborne Eley, Michael Thomas, and E. B. W. Spivey, be, and they are hereby made and declared to be, a body politic and corporate, by the name and style of the Trustees of Jefferson Academy, in Muscogee county; and as such body politic and corporate, shall be capable of doing all acts which may be necessary for the complete execution of the trust confided to them, and shall be invested with all property, both real and personal, which shall be acquired by purchase, gift, or otherwise, and such as they may be entitled to by law, for the use and benefit of said institution, and shall be capable of suing and being sued, pleading and of being impleaded; and the said Trustees, and their successors in office, or a majority of them, shall have the power of filling vacancies in their own body, and of passing such by-laws as may be necessary to carry the powers hereby vested in them into full effect: Provided, such by-laws are not contrary to the laws and constitution of this State. SEC. 17. And be it enacted by the authority aforesaid, That Samuel Baldwin, Burrill Pope, Peter W. Hutchinson, Elisha Strong, Etheldred W. Langston, and their successors in office, be, and they are hereby declared to be, a body corporate, under the name and style of the Trustees of the Cherokee Corner Academy, in the county of Oglethorpe

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SEC. 18. And be it enacted by the authority aforesaid, That Zaccheus Price, John Bowen, John K. Browning, Thomas S. Milton, Thomas Nelms, Robert H. Smith, and William A. Browning, be, and they are hereby constituted and appointed as a body corporate, Trustees of Yellow River Academy, in the county of Newton, with all the privileges and immunities, conferred by any of the provisions in this bill. SEC. 19. And be it enacted by the authority aforesaid, That from and immediately after the passage of this act, James Cattenhead, and Harrison K. Smith, be, and they are hereby constituted and appointed additional Trustees to the Centreville Academy, in the county of Talbot; and hereafter, the number of Trustees for said Academy shall be seven, and that, when any vacancy shall happen, it shall be filled according to the provisions of the act incorporating said Academy. SEC. 20. And be it enacted by the authority aforesaid, That Richard Kennon, Joseph S. Anderson, Charles H. Sanders, Solomon Worrill, William D. Conyiers, Alexander Means, and Seth P. Storrs, and their successors in office, be, and they are hereby appointed Trustees of the Newton County Female Seminary, in the town of Covington, in the county of Newton, and that the said Trustees be entitled to receive one-third part or portion of the nett proceeds of the academic fund of Newton county. SEC. 21. And be it enacted by the authority aforesaid, That the aforesaid Trustees of the Newton County Female Seminary, and their successors in office, be, and they are hereby declared to be capable of using a common seal, of suing and being sued, pleading and being impleaded, in the several courts of law and equity in this State, of receiving and holding for the use of the said Female Seminary, all donations, gifts, grants, and bequests, of executing and receiving titles to property, and of executing and receiving acquittances, and of making, by a vote of a majority of said Trustees, all by-laws necessary for the government of said Female Seminary, and also, by a majority of said Trustees, to fill all vacancies that may occur in the board of Trustees. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1883.

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APPROPRIATION. AN ACT to appropriate money to compensate the delegates and officers of the late convention held in Milledgeville, in May last, for the reduction of the members of the General Assembly, and also, to pay the expenses incurred by the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the delegates of the late convention, held in Milledgeville in May last, for the reduction of the members of the General Assembly, be entitled to have and receive four dollars each, per day, during their attendance on said convention, and the sum of four dollars, for every twenty miles in coming to, and returning from the Seat of Government: that the president of said convention shall be entitled to have and receive six dollars per day during his attendance on the same, and the sum of four dollars for every twenty miles in coming to, and returning from the Seat of Government; that the two secretaries of the said convention, be entitled to have and receive six dollars each, per day, during their attendance on said convention, and six dollars each, per day, while engaged in enrolling the proposed amendments to the constitution, and the engrossing of the journals of the same; that the door-keeper and messenger be entitled to have and receive each, four dollars per day, during their attendance on said convention. SEC. 2. And be it enacted by the authority aforesaid, That Messrs. Polhill and Cuthbert, be entitled to have and receive for the job printing, and printing the journals of said convention, at the rates by them proposed to print the same, they being the lowest bidders, to wit: the sum of three hundred and nine dollars and fifty cents. SEC. 3. And be it enacted by the authority aforesaid, That His Excellency the Governor, be, and he is hereby required, to

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draw his warrants on the treasury, for the sum of twenty-two thousand dollars, for the aforesaid purposes, and in the event that said sum be insufficient, that His Excellency pay the balance out of the contingent fund. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833. AN ACT to appropriate money for the support of Government for the political year eighteen hundred and thirty four. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the following sums of money be, and the same are hereby appropriated for the political year eighteen hundred and thirty four, viz. The salary of His Excellency the Governor, shall be three thousand dollars per annum. The Secretaries of the Governor, not exceeding three, one thousand dollars each per annum. The Secretary of State, two thousand dollars. The Treasurer, two thousand dollars. The Comptroller, two thousand dollars. The Surveyor General, two thousand dollars. The Clerk of the House of Representatives and Secretary of the Senate, six hundred dollars each per annum: Provided, no warrant shall issue for the first quarter salary of the Secretary of the Senate and Clerk of the House of Representatives, until the executive shall have satisfactory evidence that said Secretary of the Senate and Clerk of the House of Representatives, have respectively made or caused to be made and attached to the journals of the present session, good and sufficient Indexes. The Judges of the Superior Court, each twenty one hundred dollars.

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The Attorney General and nine Solicitor Generals, two hundred and twenty five dollars each per annum. SEC. 2. And be it enacted by the authority aforesaid, That for the printing fund, not exceeding twenty thousand dollars, and the further sum of twenty thousand dollars, be, and the same are hereby appropriated and set apart as a contingent fund, subject to the order of the Governor, during the political year eighteen hundred and thirty four. SEC. 3. And be it enacted by the authority aforesaid, That for the compensation of the members of the Legislature, four dollars each per day during their attendance ( Provided, that nothing herein shall be so construed as to authorize any member of either branch of the General Assembly to receive said four dollars, after they have left the Legislature for the remainder of the session,) be appropriated, and the sum of four dollars for every twenty miles in coming to and returning from the seat of Government. The sum of six dollars each, per day, to the President of the Senate and the Speaker of the House of Representatives during their attendance, and the sum of four dollars for every twenty miles in coming to and returning from the seat of Government. To the Clerk of the House of Representatives and Secretary of the Senate, during the session of the Legislature, six dollars each per day, and the sum of sixty dollars each for contingent expenses. To two engrossing Clerks, and an assistant Clerk of the House of Representatives, and two engrossing Clerks and one enrolling Clerk of the Senate, six dollars each per day. To the Clerk of the Committee of Finance, one hundred dollars. To the Clerk of the Committee on the state of the Republic, one hundred dollars. To the Clerk of the Committee on Agriculture and Internal Improvement, one hundred dollars. To the Clerk of the Judiciary Committee, one hundred dollars. To the Clerk of the Committee on Public Education and Free Schools, one hundred dollars. To the Messengers and Door Keepers of the Legislature, four dollars each per day, during the present session. To Henry Darnell, the sum of one hundred dollars, for airing, scouring and taking care of the Senate and Representative chambers, and making fires on wet days. To Peter Fair, the sum of one hundred dollars for winding up the clock and keeping clean the stair cases, c., and for sweeping

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out the gutters of the new addition to the State House, twenty five dollars. To the Inspectors of the Penitentiary, (not exceeding three,) two hundred and twenty four dollars each per annum. To Washington Poe, Solicitor General of the Flint Circuit, for extra professional services, rendered to the State, one hundred dollars. To Archibald Clark, the sum of thirty dollars sixty-two and a half cents, it being the amount which he was over taxed, in the year 1830. To Adiel Sherwood, four dollars and eighty cents, that being the amount paid the tax collector of Putnam county, for 1832. To Lewis H. Lynch, the sum of thirty-five dollars, for expenses incurred in defending the State's interest, in a lot of land returned as a fraudulent draw. The sum of five hundred dollars to the Surveyor General, for clerk hire and expenditures incident to the damage in his office by the late fire, and the sum of four hundred dollars to the Secretary of State, to defray the expense of a clerk in his office. And the sum of eight dollars to William J. W. Wellborn, of Baldwin county, tax overcharged and paid by him for the year 1832. To Joseph Henry Lumpkin, William Schley, and John A. Cuthbert, the sum of fifteen hundred dollars, for the compilation of a penal code, under authority of a resolution of the last Legislature. To John Martin, nine hundred and fifty-four dollars, agreeably to a concurred resolution. To Martha Simmons, executrix of John Simmons, dec'd., four hundred and thirteen dollars and sixty-seven cents, agreeably to a concurred resolution. The further sum of forty-five dollars twelve and a half cents, to Nathaniel Green, of Troup county, for money paid to the state of Georgia, for the rent of a supposed fraction which did not exist. The sum of one hundred dollars to Calvin Baker, agreeably to a concurred resolution. The sum of five hundred dollars be, and the same is hereby appropriated for repairs to the Government House and lot, and furnishing the same, to be applied under the direction of his excellency the Governor. To James Holderness, twenty-five hundred and eighty dollars, agreeably to a concurred resolution. That for the purpose of defraying the expenses of Government for the political year eighteen hundred and thirty-four, the president and directors of the Central Bank, be directed to place to the credit of the treasurer of the state, from time to

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time as it may be required, to meet warrants drawn upon him, charging the same to the capital stock of the Bank, and to be entered upon the president and directors receipt, by the treasurer at his department. To David Howard and Thomas Melton, of the county of Monroe, and Balaam Peters and Michael M. Healey, of Jones county, one hundred and fifty dollars each, in full compensation for the amount of a verdict obtained against them, for attorney fees and other necessary expenses incurred by them in defending suits in Jones and Monroe superior courts, as commissioners for opening the Ockmulgee river, for the free passage of fish. To Zachariah B. Hargrove, the sum of one hundred dollars, agreeably to a concurred resolution. To the clerk of the Committee on the Penitentiary, one hundred dollars. SEC. 4. And be it enacted by the authority aforesaid, That the sum of five thousand dollars be, and the same is hereby appropriated as a Penitentiary Fund, for the purpose of finishing works ordered to be erected by the last legislature, and to erect additional shops, and enlarge the old ones, and additional woodsheds. The sum of twelve thousand dollars for the repairs and recovering the State House; the sum of two thousand dollars for the emancipation of negro man Sam, and for contingent expenses, in extinguishing the fire on the State House, agreeably to a concurred resolution. For the support of the public hands, not exceeding five thousand dollars. For pay and expenses of the joint committee, appointed to examine into and report upon the affairs of the Merchants' and Planters' Bank, of the city of Augusta, three hundred and sixty-five dollars, and seventy cents, which the treasurer of the state is hereby authorized to pay to the receipt or order of the chairman of said committee. For compensation to Messrs. Henry H. Cook, and Nathaniel W. Cocke, for assistance rendered said committee, in compliance with a request of the General Assembly, thirty dollars each. For compensation to Benjamin Franklin, Esq. as clerk of the said committee, seventy-two dollars. For compensation to Charles J. Jenkins, Esq. attorney general, for professional services rendered the said committee in their investigation, twenty-five dollars. To the inferior court of the county of Dekalb, the sum of three hundred and fifty-eight dollars, for the purpose of defraying jail expenses for sundry individuals, confined for crimes committed in other counties, and sent to Dekalb jail.

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Which said several sums of money shall be, and they are hereby appropriated out of any monies in the treasury, not otherwise appropriated. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, Dec 21st, 1833. ASYLUM. AN ACT to authorize the Justices of the Inferior Court of Liberty county, to provide for, and establish an Asylum, for the poor of said county. Be it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That so soon as the Justices of the Inferior Court of Liberty county, shall have at their disposal sufficient funds, and deem the measure expedient, they shall be, and are hereby authorized, to purchase for said county, a suitable site, consisting of arable or wood land, for the use and occupation of the poor of said county, erect suitable buildings, and make every other provision which to them may appear necessary to an economical and comfortable support of such poor. SEC. 2. And be it enacted by the authority aforesaid, That said Justices shall have full power to act themselves or appoint curators, overseers, and other officers and agents, for the care and management of the Asylum, and poor aforesaid; make all orders, rules and regulations, which they may deem necessary, and most conducive to the end and object contemplated by this Act.

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SECT. 3. And be it enacted by the authority aforesaid, That after the establishment of said Asylum, the Justices shall be entitled to apply an adequate portion of the poor school fund, appropriated to the use of said county, to the education of the poor children, residing at and near said Asylum, subject, however, to the same accountability, that is provided by any general law on the subject. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec., 1833. AN ACT to authorize the Justices of the Inferior Court of Columbia county to provide for, and establish an Asylum, for the invalid poor of said county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That so soon as the Justices of the Inferior Court of Columbia county, shall have at their disposal sufficient funds, and deem the measure expedient, they shall be, and are hereby authorized to purchase for said county a suitable site, consisting of arable or wood land, for the use and occupation of the invalid poor of said county, erect suitable buildings, and make every other provision which to them may appear necessary to an economical and comfortable support of such invalid poor. SEC. 2. And be it enacted by the authority aforesaid, That said Justices shall have full power to act themselves or appoint curators, overseers, and other officers and agents, for the care and management of the Asylum, and invalid poor aforesaid; make all orders, rules and regulations, which they may deem necessary,

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and most conducive to the end and object contemplated by this Act; any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to authorize the Justices of the Inferior Court of Bibb county, to provide and establish an Asylum for the invalid poor of said county, and to appoint directors for the management of the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That so soon as the justices of the inferior court of the county aforesaid, shall have at their disposal sufficient funds, and deem the measure expedient, they shall be, and are hereby authorized to appoint three suitable and discreet persons of said county, who shall be denominated and styled the directors of the poor-house of Bibb county. SEC. 2. And be it enacted by the authority aforesaid, That the said directors, when thus appointed, shall take and subscribe before any of the justices of the inferior court, the following oath. I, A. B. do solemnly swear, that I will, according to the best of my skill and ability, manage and so direct the affairs of the poorhouse asylum, as shall seem to me best calculated to promote an economicel and comfortable support of the invalid poor received at the same, and make annually, a true return to the inferior court, of all expenses incurred in conducting the affairs of said institutionSo help me God; which oath shall be entered on the minutes of the inferior court. SEC. 3. And be it enacted by the authority aforesaid, That the directors aforesaid, shall hold their office during good behaviour,

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and a majority of them shall be competent to the transaction of business, and should either of them fail or refuse to do their duty as directors aforesaid, the inferior court shall have power to remove them and appoint others in their place. SEC. 4. And be it enacted by the authority aforesaid, That the said directors, when thus appointed and qualified, shall immediately proceed under the instructions of the inferior court, to purchase a suitable tract of land for the use and occupation of the invalid poor of said county, contract for the erection of suitable buildings thereon, and make every other provision which to them may appear necessary to an economical and comfortable support of such invalid poor. SEC. 5. And be it enacted by the authority aforesaid, That the said directors shall have power to employ two suitable persons, (male and female, who in all cases shall be husband and wife,) to act as wardens and supervisors of said asylum, who shall reside on the premises and superintend the feeding, clothing and general management of the paupers, and attend to other duties under such instructions, rules and regulations, as the directors shall, from time to time prescribe, for which objects, the said directors shall meet at said asylum, at least once in three months, or oftener, if the affairs of the institution shall seem to require it. They may also employ a physician to attend the paupers when sick, and such other persons as may seem best calculated to promote the ends and objects contemplated by this act. SEC. 6. And be it enacted by the authority aforesaid, That the directors aforesaid, shall, at the first term of the inferior court, in each year, lay before the justices of the same, an exact account of the amount of expenses incurred in conducting the affairs of said institution the preceding year, at which time the inferior court shall order an appropriation to be made in favour of said account, to be placed in the hands of the directors for its payment, if they shall deem the same correct and just. They may at the same time, allow the said directors such compensation as may seem just and reasonable for their services, in conducting the affairs of said institution. SEC. 7. And be it enacted by the authority aforesaid, That all paupers received at said asylum, shall be under such rules and regulations, as shall hereafter be prescribed by the justices of the inferior court, but no part of this act shall be so construed, as to prevent the said justices from making any appropriation at any time, in order to aid and facilitate the operations of

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said institution, or in favour of any poor persons, where they shall consider it will be more conducive to the interests of the county, or more congenial with the feelings of humanity, to keep them in any other part of the county. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833. ATTACHMENT. AN ACT to amend and explain the second section of the Attachment law of this state, passed on the eighteenth of February, seventeen hundred and ninety-nine. Whereas different constructions have been made in the courts of this state in regard to the precise amount, for which the attaching creditor's bond should be given; for remedy whereof, Be it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, all plaintiffs in attachment, their agents or attorneys at law, or in fact, shall give to the defendant in attachment, bond and security, at the time of issuing the attachment, in a sum at least equal to double the amount sworn to be due, or to become due, by the attaching creditor. SECT. 2. And be it enacted by the authority aforesaid, That

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all laws or parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD. President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec., 1833. BANKS. AN ACT to alter and amend the tenth section of an act passed 19th December, 1829, in relation to the Central Bank of Georgia, and to provide for the sale and disposition of lands forfeited to the State. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it it hereby enacted by the authority of the same, That from and after the passage of this act it shall be the duty of the president and directors of the Central Bank of Georgia, to cause all the lands which have been or may hereafter be forfeited to the State, and all lands which were intended to be disposed of but were not drawn for in the several land lotteries of the State, to be sold at public outcry, before the court house, at the following places, to wit: Hawkinsville, Macon, Columbus, Newnan, Campbelltown, and La Grange, between the usual hours of sheriff's sales, on such days as the said directors may deem best: Provided, always, that sixty days previous notice of the time and place of such intended sale, with a description of each tract of land intended to be sold, shall first be published in one of the gazettes printed in the circuit in which such land may be situated, if there be such gazette, and also in the gazettes in Milledgeville: Provided, in all cases, that the purchaser or person holding the certificate, shall be allowed to stop the sale by coming forward

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and paying up the principal with all interest due the State for such forfeited lots or fractions; and grants shall issue to the holders of such certificates in the usual way, as though such lots had not been forfeited: Provided, also, no sale be advertised previous to the first day of March next: Provided, also, they come forward and pay up before the day of sales. SEC. 2. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to alter and amend an act, entitled an act more effectually to secure the solvency of all the banking institutions in this state, as passed on the 24th December, 1832. Be it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this act, the first section of an act entitled an act more effectually to secure the solvency of all the banking institutions in this state, passed on the 24th December, 1832, shall be so altered and amended as to authorize his Excellency the Governor, on the reception of the Reports of the President and Directors of each incorporated Bank, or Company exercising banking privileges in this state, to cause the same to be published in as many of the gazettes of this state, as he may deem necessary to secure a general circulation of the said Reports, and that the expenses of publication be paid out of the contingent

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fund, any law, usuage or custom to the contrary, notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to amend an act passed 24th December, 1832, declaring the charter of the Bank of Macon forfeited, and providing for the appointment of a receiver. Be it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the receiver of the assets of the Bank of Macon, who has heretofore been appointed, or who may hereafter be appointed, shall have full power and authority to bring any action or suit at law or in equity in his own name, which he may deem necessary for the collection of any and all debt or debts which may be due and owing to the said Bank of Macon. SEC. 2. And be it enacted by the authority aforesaid, That the said receiver, in the prosecution of any case or cases which he may deem necessary to bring, sue out, or prosecute, under the provisions of this act or the one to which this act is amendatory, shall not be required to give security as is required in ordinary cases, but as receiver he may be allowed to hold to bail, sue out attachments, certioraris, bills of injunction, or any other process known to the laws of the country, for the purpose of collecting the debts due said Bank of Macon, without giving security. SEC. 3. And be it enacted by the authority aforesaid, That

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all laws or parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833. BRIDGES. AN ACT to extend an act heretofore passed to secure to John McKinne and Henry Shultz, their heirs and assigns, the exclusive right to a Bridge across Savannah river, at or near Augusta. Whereas, the Bank of the State of Georgia, has, by its memorial, represented to the General Assembly, that it has become the sole proprietor of a Bridge, erected by John McKinne and Henry Shultz, across the Savannah river at the city of Augusta the exclusive right to which Bridge was secured to the said, John McKinne and Henry Shultz, their heirs and assigns, by an act passed on the ninth day of November, in the year of our Lord one thousand eight hundred and fourteen, and the said Bank of the State of Georgia, having prayed the passage of an act, extending the time of limitation fixed by the said act, and it being the interest of the State, in common with the other stockholders in said Bank, that its prayer be granted, therefore Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the act of the General Assembly of this State, passed on the ninth day of

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November, in the year of our Lord one thousand eight hundred and fourteen, entitled An act to secure to John McKinne and Henry Shultz, their heirs and assigns, the exclusive right to a Bridge across Savannah river, at or near Augusta, be and the same is hereby extended in behalf of the said Bank of the State of Georgia, and its assigns, to, for, and during the full end and term of ten years, from and after the ninth day of November, in the year of our Lord one thousand eight hundred and thirty four, the said Bank of the State of Georgia, and its assigns, to have vested in them, and to receive, possess and enjoy during such term of ten years, all and singular, the advantages, easements, tolls, profits and emoluments, and to be fully subject to all the conditions, limitations and avoidances, contained in the said extended act: Provided, nothing herein contained shall be so construed as to grant any exclusive privilege to the Bank of the State of Georgia, or to prevent the Legislature from chartering any other Bridge at or near Augusta hereafter. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d December, 1833. AN ACT to authorize the Justices of the inferior court of Scriven county, to rent out the bridge across the Beaver Dam Creek, at Jacksonborough, as a toll bridge, for the purpose of discharging the debts that may be incurred by said county for building and keeping said bridge in repair. 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 as soon as the said bridge is accomplished, it shall be lawful for the Justices of the inferior court of said county, after giving thirty days notice of the same in writing, at one or more of the most public places in said county, to proceed to rent out said bridge at public outcry, to the highest bidder, as a toll bridge, and the

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said Justices shall require the person renting said bridge, to give small notes with good and sufficient security, for the amount to become due at the end of the time for which he had rented said bridge; and it shall be lawful for the said Justices to proceed to rent out said bridge annually under the foregoing regulations. SEC. 2. And be it enacted, by the authority aforesaid, That the person renting said bridge, shall be authorized to receive the same rates of toll as are received at other bridges on that road: Provided, nothing herein contained shall be so construed as to authorize persons renting said bridge, to demand or receive toll from any person residing in said county. THOMAS GLASCOCK Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. CENSUS. AN ACT to authorize the taking of the Census, in the several counties, composing the Cherokee Circuit, and to require His Excellency, the Governor, to pay over the poor school fund belonging to each county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of the justices of the inferior courts, in the counties of Cass, Cherokee, Cobb, Floyd, Forsyth, Gilmer,

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Lumpkin, Murray, Paulding, and Union, which have been created since the last Census was taken, to appoint one fit and proper person in their respective counties, to take a full and accurate Census or enumeration of the free white population, and the person so appointed shall make his returns to the clerk of the inferior court of the county in which he shall be appointed, on, or before the first day of April next. SEC. 2. And be it enacted by the authority aforesaid, That so soon as the Census or enumeration shall have been taken, and returned as required by this act, it shall be the duty of the inferior court, to forward a certified copy of the same, to his Excellency, the Governor, and it shall be the duty of his Excellency, the Governor, to pay to the several counties named in this act, an equal portion, according to their white population, of the poor school fund, appropriated for annual distribution among the several counties of this State. SEC. 3. And be it enacted by the authority aforesaid, That the person appointed to take the Census or enumeration, shall receive the compensation, and be governed in the performance of their duty, by the provisions contained in an act, passed the twenty-sixth day of December, 1826, except so much as militates against the provisions of this act. SEC. 4. And be it enacted by the authority aforesaid, That all laws or parts of laws, militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833.

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CHURCHES. AN ACT to incorporate certain Churches and Camp-Grounds, and to appoint Trustees for the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Joshua Sutton, Frederick Cannup, Jesse Green, Willoby Barton, and Stephen Caudell, and their successors in office, be, and they are hereby declared to be a body corporate, under the name and style of the Trustees of the Baptist Church, at Providence, in Habersham county. SEC. 2. And be it enacted by the authority aforesaid, That Joshua Dasher, John Grace, William Grace, John Johnson, and Joseph J. Bell, and their successors in office, be, and they are hereby declared to be a body corporate, under the name and style of the Trustees of the Pleasant Grove Camp-Ground, in the county of Tattnall. SEC. 3. And be it enacted by the authority aforesaid, That William Stovall, William Cox, Daniel McCollum, John Wood, and Reuben Underwood, be, and they are hereby declared to be a body corporate, under the name and style of the Trustees of the Baptist Church at Blue Creek, in the county of Habersham. SEC. 4. And be it enacted by the authority aforesaid, That Peter Alexander, William Bailey, Alfred Hammond, Thomas Jones, and Richard C. Adams, and their successors in office, be, and they are hereby declared to be a body corporate, under the name and style of the Trustees of the Methodist Episcopal Camp-Meeting ground in the county of Elbert. SEC. 5. And be it enacted by the authority aforesaid, That all the rights privileges and immunities which are conferred by an act passed 27th December, 1831, upon the Newnan Methodist Episcopal Church, be, and the same are hereby conferred

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upon the aforesaid Churches and Camp-Grounds: Provided, that the Trustees of said Camp-Grounds, shall have power to pass such by-laws and regulations, for the protection of said Gamp-Grounds, and to remove all disorderly persons therefrom, as well as to suppress all riotous conduct, as they may deem proper, if the same do not conflict with the laws and constitution of this State. SEC. 6. And be it enacted by the authority aforesaid, That Smith Davenport, Abraham Rowan, Joshua Hames, William A. Slaughter, Philip Pritchard, Duncan McKisaca, and Peyton Holt, be, and they are hereby appointed Trustees of the Rock Spring Camp-Ground, in the county of Putnam. And when any vacancy shall happen, by death, or otherwise, the said Trustees shall fill said vacancy. SEC. 7. And be it enacted by the authority aforesaid, That the corporate limits of said Camp-Ground shall extend a half mile in each direction from the lines on which the tents are erected. SEC. 8. And be it enacted by the authority aforesaid, That Augustus H. Palmer, Creed M. Jennings, Rene Stone, William A. Drake, and Joseph Sams, be, and they are hereby incorporated, under the name and style of the Trustees of the Methodist Camp-Ground, near Monroe, Walton county, and as such may have a common seal, and sue or be sued, plead or be impleaded, and may receive and hold any property conveyed to them, and transfer or sell the same, when they may choose, and may fill all vacancies in their own body. SEC. 9. And be it enacted by the authority aforesaid, That Thomas Bivins, William Hathorn, Thomas Johnson, William Howell and Neal, Urquhart, and their successors in office, be, and they are hereby declared to be a body corporate, under the name and style of the Trustees of the Pondtown Camp Ground in Sumpter county. SEC. 10. And be it enacted by the authority aforesaid, That William Blair, John Jordan, William Hendry, James J. Jordan, and Randal Folsom, and their successors in office, be, and they are hereby declared to be a body corporate, under the name and style of the Trustees of the Mount Zion Camp Ground, in the county of Lowndes. SEC. 11. And be it enacted by the authority aforesaid, That the Baptist Church in the village of Sparta, formerly known as the Fort Creek Church, shall hereafter be known and called

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by the name of the Sparta Baptist Church, and that James Barnes, John G. Gilbert, Lewis Barnes, Reuben Bullington, Robert Bird, Daniel Garrott, John Garrott and James Thomas, and their successors in office, be, and they are hereby declared to be a body politic and corporate, by the name and style of the Trustees of the Sparta Baptist Church, and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, in any and all courts of law and equity in this State, and are hereby authorized to make such by-laws and regulations for the government, protection and enjoyment of the property belonging or to belong to said Church, not inconsistent with or contrary to the laws of this State, as they or a majority of them may deem expedient, and that they may appoint all necessary officers to execute such by-laws and regulations, and at their pleasure remove them from office, and appoint others in their place, and said Trustees shall and may have and use a common seal, and make and enter into any contracts for the benefit of said Church. SEC. 12. And be it enacted by the authority aforesaid, That said Trustees shall be capable of accepting and being invested with all manner of property, real and personal, by gift, grant or purchase, and all the privileges and immunities now appertaining to said Church, and which may hereafter be acquired, and of holding and enjoying the same for the use and benefit of said Church; and that when Deacons of said Church shall be elected, all the property, rights, privileges, benefits and immunities belonging to said Trustees shall be vested in such persons as shall be elected Deacons, and they and their successors shall have, hold and enjoy all the property of said Church, as Trustees of said Church, and shall thenceforth be known for all civil purposes as the Trustees of the Sparta Baptist Church, and shall be invested with and have and enjoy all the property, rights, privileges, benefits and immunities appertaining to said Church, and hereby granted to the persons herein before named and their successors, and the functions of said persons named herein, shall thenceforth cease: Provided, that they shall not be authorized to alien or convey any property of said Church, without the consent of a majority of the male members thereof. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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AN ACT to exempt from taxation the lots or parcels of land on which the churches of the different denominations in this State are situated. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the lots or parcels of land on which the churches of the different denominations in this State and the burying grounds attached thereto are situated, shall not be subject to be taxed: Provided, the lots or parcels so claimed by said churches shall not exceed five acres. SEC. 2. And be it enacted by the authority aforesaid, That all laws or parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. CONSTITUTION. AN ACT to alter and amend the ninth section of the third article of the Constitution of the state of Georgia. Whereas the ninth section of the third article of the constitution reads as follows: Divorces shall not be granted by the Legislature until the parties shall have had a fair trial before the superior court and a

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verdict shall have been obtained, authorizing a divorce upon legal principles; and in such cases two-thirds of each branch of the legislature may pass acts of divorce accordingly. And whereas the frequent, numerous and repeated applications to the legislature to grant divorces, has become a great annoyance to that body, and is well worthy their attention, as well on account of the expense consequent on said applications as the unnecessarily swelling the Laws and Journals; and believing that the public good would be as much promoted, and that the parties would receive full and complete justice: Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the ninth section of the third article of the constitution of the State of Georgia shall read as follows: Divorces shall be final and conclusive when the parties shall have obtained the concurrent verdicts of two special juries authorizing a divorce upon legal principles. SEC. 2. And be it enacted by the authority aforesaid, That so soon as this act shall have undergone the requisitions required by the constitution, it shall become a part of the constitution of the state. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. AN ACT to alter the 3d, 7th, and 12th sections of the first article, and the first and third sections of the third article of the Constitution of this State. Whereas, a part of the third section of the first article of the Constitution, is in the following words, to wit: The Senate shall

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be elected annually. A part of the seventh section of the first article is in the following words: The Representatives shall be chosen annually. And a part of the twelfth section of the first article is in the following words: The meeting of the General Assembly shall be annually. And whereas, a part of the first section of the third article is in the following words, to wit: The Judges of the Superior Courts, shall be elected for the term of three years. And a part of the third section of the third article is in the following words: There shall be a State's Attorney and Solicitors appointed by the Legislature, and commissioned by the Governor, who shall hold their offices for the term of three years; and whereas the before recited clauses require amendment, 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 so soon as this act shall have passed, agreeable to the requisitions of the Constitution, the following shall be adopted in lieu of the foregoing clauses, in the before recited sections, to wit: in lieu of the clause in the third section, of the first article, the following, to wit: The Senate shall be elected bi-ennially after the year eighteen hundred and thirty-five. In lieu of the clause in the 7th section of the first article, the following: The Representatives shall be chosen bi-ennially after the year eighteen hundred and thirty-five. In lieu of the clause in the twelfth section in the first article, the following: The meeting of the General Assembly shall be bi-ennially after the year eighteen hundred and thirty-five. In lieu of the clause in the first section of the third article, the following: The judges of the superior courts shall be elected for the term of four years. The first election to take place in the year eighteen hundred and thirty-seven. And in lieu of the clause in the third section of the third article, the following: There shall be State's Attorney and Solitors appointed by the Legislature, and commissioned by the Governor, who shall hold their offices for the term of four years, the first election to take place in the year eighteen hundred and thirty-seven. SEC. 2. And be it enacted, by the authority aforesaid, That the Judges of the Superior Courts and Solicitors General who are now in office, or who may be elected previous to the meeting of the General Assembly, in 1837, shall hold their

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offices until the meeting of the General Assembly in the year 1837, and until their successors may be elected and qualified. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. In Senate, read 1st time, 8th Nov. 1833; 2d time, Nov. 14th; 3d time, Nov. 21. Passed. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, read 1st time, 10th Dec. 1833; 2d time, 11th Dec.; 3d time, 20th Dec. Passed. AttestJOSEPH STURGIS, Clerk. COUNTIES. AN ACT to authorize the Justices of the Inferior Court of Washington county to levy an extra tax for the purpose of building a Court-house in said county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Justices of the Inferior Court of Washington county, are hereby authorized to levy an extra tax upon the citizens of said county, annually for the term of three years, which assessment shall not exceed one hundred per cen tum on the State tax, in any one year, and shall be, when collected, exclusively appropriated for the building of a Court-house in said county. SEC. 2. And be it enacted by the authority aforesaid, That it shall be the duty of the Justices of the Inferior Court aforesaid, to secure the collection of said tax in the same manner as

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is provided by law for securing the collection of other county taxes, and that the collector of said county be allowed the same per centage as is allowed by law on other taxes, any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833. AN ACT to add a part of the County of Twiggs to the County of Bibb. 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 lots No. Ninety and Ninety-one, in the Seventh District of originally Baldwin County, now Twiggs, be added to, and become a part of the County of Bibb, any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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AN ACT to repeal an Act entitled an Act to add a certain lot of land in Randolph County to the County of Stewart, passed the 26th day of December, 1831. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, so much of the above-recited act as goes to add lot No. Eighteen, in the twelfth district of originally Lee, now Randolph, to the county of Stewart, be and the same is hereby repealed, any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to divide the County of Murray into two counties, and to provide for the organization of the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the county of Murray, in this State, shall hereafter constitute and be divided into two counties, to be bounded as follows:commencing at the point where the counties of Floyd and Cass join on the south side of the present county of Murray, following the dividing line of the two ranges of districts, separated by a line running north from the point above designated, until the said north line intersects the line of the State of Tennessee; and that portion of said county, lying on the east side of the above-mentioned line, shall constitute a county, and continue to be called Murray. And all that portion of said county, as at present organized, lying on the west side of said north line, shall constitute a new county

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to be called Walker, in honor of the late Freeman Walker, of Richmond. SEC. 2. And be it enacted by the authority aforesaid, That on the first Monday in February next, the persons in said counties respectively, entitled to vote for members of the Legislature, may meet together at the several places hereinafter designated in their respective counties, and under the superintendence of three suitable and capable persons, proceed to elect five Justices of the Inferior Court, a Clerk of the Superior and Inferior Courts, a Sheriff, a Tax Collector and Tax Receiver, a County Surveyor and Coroner for each county, who shall hold their offices for the terms of time specified by the existing laws of this State. SEC. 3. And be it enacted by the authority aforesaid, That in the county of Murray, all the elections for said county shall hereafter be held at Spring Place, at the house of John J. Humphries, at the house of George W. Wacaser, at the town of New Echota, and also at the place which may be hereafter selected by the Inferior Court for the Court House in said county of Murray. And in the county of Walker, said elections shall be held at the place selected for the Court House in said county, and also at the several places of holding Justices Courts therein, until hereafter altered by law. SEC. 4. And be it enacted by the authority aforesaid, That so soon as the Justices of the Inferior Courts for said counties shall be elected and qualified, it shall be their duty, with as little delay as practicable, to organize their counties respectively, and to do and perform all other acts incumbent on them by virtue of their office. SEC. 5. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 18th Dec. 1833.

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AN ACT to remove and make permanent the county site of Paulding county. Whereas, many of the citizens of said county are dissatisfied with the selection of the site for public buildings, made by the Judges of the Inferior Court, and a permanent and final settlement of the matter is very desirable: Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all persons residing in the county of Paulding, who are entitled to vote for county officers, shall be entitled to vote at an election to be holden at the several places of holding elections in said county, on the third Monday in January next, to be held and conducted by the same officers, under the same regulations as other elections, and the place receiving the majority of all the votes so polled, shall be held and known as the county site of Paulding county: Provided however, if from any cause a selection of the site be not made on the above mentioned day, it shall be competent to hold such election upon any other day thereafter, upon the Justices performing their duty in advertising as above required. Sec. 2. And be it enacted by the authority aforesaid, That the Judges of the Inferior Court of said county, be hereby authorized and required to advertise the time of said election, at the several places of holding Justices Courts, fifteen days previous to the day of election. SEC. 3. And be it enacted by the authority aforesaid, That it be and is hereby declared the duty of said Judges, to receive the result of said election when made, and transmit the final result to the clerk, by him to be placed on the record of said Court. SEC. 4. And be it enacted by the authority aforesaid, That the Judges of the Inferior Court of Paulding county, be, and they are hereby authorized to sell, lease and dispose of the lots by them purchased for the county site, to the best advantage for the use of the county: Provided, a majority of the voters of said county do agree on any other site.

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SEC. 5. And be it enacted by the authority aforesaid, That all laws or parts of laws militating against the true intent and meaning of this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to add a part of Telfair county to the county of Montgomery. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, all that part of the county of Telfair situate, lying and being on the north-east side of the little Oakmulgee river be, and the same is hereby added, to the county of Montgomery. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833.

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COURTS. AN ACT to authorize the Judge of the Court of Common Pleas and Oyer and Terminer of the city of Savannah, and the hamlets thereof, to draw juries for the summary trial of such causes as by an act passed on the 26th day of December, 1831, the said Judge is authorized to hold special or extraordinary courts. Be it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of the Judge of the Court of Common Pleas and of Oyer and Terminer of the city of Savannah, in all causes for the summary trials of which he has, by an act passed on the 26th day of December, 1831, been authorized to hold special and extraordinary courts, to draw the necessary jury or juries as authorized by the 16th section of the act of the 18th December, 1819, creating said court, forthwith, or within 24 hours after the petition has been made, upon which by said act the said Judge is required to hold special or extraordinary courts. SEC. 2. And be it enacted by the authority aforesaid, That all laws or parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833.

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AN ACT to establish a Court of Common Pleas in the City of Macon, and for the organization of the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, there shall be a court established in the city of Macon, to be known and called the Court of common pleas of said city. SEC. 2. And be it enacted by the authority aforesaid, That the judge of said court, shall be elected by the council of the city of Macon, on the Wednesday after the first Monday in January next, or at the first regular meeting thereafter, and on the Wednesday after the first Monday in every succeeding three years, and the said city council shall have power to fill any vacancy, occasioned by the death, resignation, or removal of the presiding judge, and any person who may be thus appointed or elected to fill any vacancy as aforesaid, shall continue in office until the next regular election, and until his successor shall be qualified, and the election of such judge shall be certified to his Excellency, the Governor, who shall issue a commission to the person elected, as judge of said court, and the judge when commissioned shall take an oath, similar to that of a judge of the superior court. SEC. 3. And be it enacted by the authority aforesaid, That the judge of said court, shall receive as a salary or compensation for his services, sums to be collected as additional costs, on each and every suit hereafter brought and instituted in said court, to be imposed as follows; on every suit not exceeding fifty dollars, the sum of one dollar and fifty cents; on every suit above fifty dollars, and not exceeding the sum of one hundred dollars, the sum of two dollars; on every suit above one hundred dollars, and not exceeding one hundred and fifty dollars, the sum of three dollars; and on every suit exceeding one hundred and fifty dollars, the sum of four dollars: which additional cost the clerk of said court shall be bound to demand from all and every person or persons, upon the institution of every suit, and to make a regular return and payment thereof to the judge, at every sitting of the said court, under a penalty of one hundred dollars, to be enforced by attachment against the said clerk as for a contempt.

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SEC. 4. And be it enacted by the authority aforesaid, That said court shall be holden in the city of Macon, on the fourth Monday in January, the fourth Monday in April, the fourth Monday in July, and the fourth Monday in October, with power to adjourn to any other day as exercised by the superior court, and shall have cognizance of all civil cases, not involving title to real estate, ex contractu, where the principal debt does not exceed the sum of three hundred dollars, and in any suit or action ex delicto, wherein the damages claimed do not exceed the sum of three hundred dollars, (but not in any suit or action over which justices of the peace hitherto have had jurisdiction within the corporate limits of said city.) which shall be tried by a jury of twelve men, to whom shall be administered the oath prescribed by the laws of this State, for jurors in other courts; which trial shall be final; but the judge of said court, may, nevertheless, grant a new trial, when, in his opinion, the principles of law and justice, and rights of the case require it; and the judge is hereby authorized and empowered in term or vacation time, to draw and empannel jurors for the trial of such cases, who shall be residents within the jurisdiction of said court, and who shall be qualified and liable to serve as petit jurors in the inferior and superior courts of this State, and cause the said jurors to be summoned by the city sheriff, at least ten days before the sitting of said court, and to fine them for non-attendance or misconduct, not exceeding ten dollars for any one offence. SEC. 5. And be it enacted by the authority aforesaid, That if from any cause whatever, the said court shall fail to meet, the proceedings in said court shall not thereby be discontinued, but shall stand continued over in the same manner as if such failure had not taken place, and the jury summoned to attend such court, shall stand over and be considered as the jury for the next term, and liable to attend at such succeeding term, any law, usage, or custom, to the contrary notwithstanding. And all witnesses and jurors going to, and attending on, and returning from said court, shall be free from arrest on any civil process. SEC. 6. And be it enacted by the authority aforesaid, That the judge of the said court of common pleas, shall, in the absence of the judge of the superior court, have concurrent jurisdiction with the justices of the inferior court in all matters of Habeas Corpus, and shall also have full power and authority to issue warrants upon criminal charges, to examine persons apprehended under said warrants; and to commit, discharge, or admit to bail, in the same manner that a justice of the peace may do: Provided, that the offence charged, and upon which the said judge may issue his warrant, hath been committed, or the same

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is alleged to have been committed, in the jurisdictional limits of the city of Macon. SEC. 7. And be it enacted by the authority aforesaid, That all suits or causes cognizable by and which may be commenced in the court of common pleas in the city of Macon, shall be by petition to the said court, which petition shall plainly, fully, and [Illegible Text] set forth the plaintiff's charge, allegation, demand or cause of action, and shall be signed by the plaintiff, or his, her, or their attorney; to which petition the clerk of the court of common pleas shall annex a process signed by him, which process shall bear test in the name of the judge of said court, and shall be directed to the sheriff of the city of Macon, and shall be served on the defendant or defendants at least ten days before the return thereof by delivering a copy thereof to each defendant or defendants, or by leaving such copy at his, her, or their most notorious place or places of residence. And all process issued and returned in any other manner than as herein directed shall be null and void.And the defendant or defendants shall appear at the court to which the petition and process shall be returnable, and on or before the last day of the said court, shall make his, her, or their defence or answer in writing, which shall plainly, fully, and distinctly set forth the cause of the defence, and be signed by the party making the same, or his, her, or their attorney, which said answer may contain as many several matters not inconsistent with each other as may be deemed necessary for the defence: Provided, That no person shall be permitted to deny any deed, bond, bill, single or penal note, draft, receipt, or order, unless he, she, or they, shall make affidavit of the truth of such answer at the time of filing the same. And the said petition and answer shall be sufficient to carry the same to the jury; and no dilatory answer shall be received unless affidavit be made of the truth thereof. And if any defendant shall fail to appear and answer as aforesaid, the court may on motion give judgment by default, but the cause shall nevertheless be tried by a jury at the succeeding term; and no cause cognizable in said court shall be tried at the first term. SEC. 8. And be it enacted by the authority aforesaid, That in all cases where a suit or action shall be instituted in the said court, on a bond, note, or other obligation subscribed by several persons, and which in its nature is joint, or several, or joint and several, or upon any joint or joint and several contract whatever, whether verbal or written, express or implied, and whether made by copartners in trade or any other persons whatever, it shall be lawful to commence suit against any one

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or more of the persons who have signed such instrument of writing, or who are parties to, or bound by such contract, and who shall reside within the jurisdiction of said court, and a service upon any one or more of the persons against whom the action is commenced shall be deemed a sufficient service to enable the party plaintiff to proceed with his suit or action against the person or persons so served, and the court may give judgment accordingly. SEC. 9. And be it enacted by the authority aforesaid, That in all cases where bail shall be required, the party requiring bail shall make affidavit before the judge of said court, or before any of the judges of the superior courts, the justices of the inferior courts, or justices of the peace within this state, of the amount claimed by him, and that he has reason to apprehend the loss of said sum or some part thereof, if the defendant or defendants is or are not held to bail; and the subsequent proceedings shall conform to those prescribed in cases of bail in the superior and inferior courts, by the judiciary act of force in this state, due regard being had to the nature of the different tribunals. SEC. 10. And be it enacted by the authority aforesaid, That the clerk of the said court be, and he is hereby authorized and required to issue subp[oelig]nas to compel the attendance of witnesses, upon the application of any party in a cause pending in said court, which subp[oelig]na shall be directed to the person whose attendance shall be required when such person shall reside within the limits of the corporation of Macon, which subp[oelig]na shall express the cause and the party at whose suit or action it shall be issued, and shall be served by the sheriff or any other person on said witness, at least one day before the court to which it is returnable; and the affidavit of the person serving the same shall be evidence of such service; and witnesses thus subp[oelig]naed shall be bound to attend till the case in which he, she, or they shall be summoned shall be tried, and on failure to attend, shall be subject to attachment, and also to an action at the suit of the party aggrieved, by his, her, or their attorney, and each and every witness shall be allowed fifty cents for each and every day he, she, or they attend, by virtue of such subp[oelig]na, to be recovered in the manner pointed out by the laws now in force for the recovery of the amount due witnesses for their attendance in the superior and inferior courts of this state. SEC. 11. And be it enacted by the authority aforesaid, That when any witness resides beyond the limits of the corporation of Macon, it shall and may be lawful for either party on giving

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at least three days notice to the opposite party, or his, her, or their attorney, accompanied with a copy of the interrogations intended to be exhibited, to obtain a commission from the clerk of the court, directed to two or more persons, commissioners, to examine all and every such witness on such interrogations as the parties may exhibit, and such examination shall be read at the trial on motion of either party. SEC. 12. And be it enacted by the authority aforesaid, That all executions shall be issued and signed by the clerk of said court of common pleas, at any time after the signing of judgment by the party or his attorney; and shall bear test in the name of the judge of said court, and shall be directed to the sheriff of the city, and may be levied upon the estate, both real and personal, of the defendant or defendants, or issue against the body of the defendant or defendants, at the option of the plaintiff; which execution shall be of full force until satisfied; and in all cases of illegality of execution, or claims of property, levied upon by virtue of any execution issuing from said court, the like proceedings shall be had thereon, as are prescribed in cases of execution issuing from the superior or inferior courts of this state by the judiciary acts now in force. And all sales of property levied upon, by virtue of any execution issuing from said court, shall be on the third Tuesday in each month at the market house of the city of Macon, and between the hours of ten o'clock in the forenoon, and three o'clock in the afternoon of the day. And it shall be the duty of the sheriff, to give at least ten days notice in one of the public gazettes of the city of Macon of all sales of property executed by him, and also to advertise the same at the court house and market house in the said city, and which advertisements shall make known the names of the parties to the execution. SEC. 13. And be it enacted by the authority aforesaid, That from and after the passing of this act, it may be lawful for the Judge of the Court of Common Pleas, or any member of the City Council of the city of Macon, to issue attachments returnable to said Court in cases, (within the jurisdiction of said Court,) when both debtor and creditor shall reside without the limits of the state of Georgia, or when the debtor shall be actually removing from the city of Macon, or absconds, or conceals himself, so that the ordinary process of law cannot be served upon him; and in all those cases where a judge, or the officer, may now, according to law, issue attachments; in the same manner, and upon the same terms, as are provided for the issuing attachments returnable to the Superior and Inferior Courts of this State, which attachment shall be directed to the sheriff of

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the city of Macon, and shall be levied upon the property of the defendant within the corporate limits of the said city, in like manner as is provided for the levy of attachments returnable to the Superior and Inferior Courts of this State: Provided, that every attachment shall bear teste in the name of the Judge of said Court, or member of Council, issuing the same, and shall be, by the city sheriff, publicly advertised at the Market House and the Court House, and the house in which said Court of Common Pleas is holden, at least five days before the sitting of the Court; and the proceedings under attachments shall be the same, in all cases where such proceedings can be made applicable, as are prescribed by the attachment acts of force in this State, any law, usage, or custom, to the contrary notwithstanding. SEC. 14. And be it enacted by the authority aforesaid, That in all cases brought in said Court, where the Judge thereof shall be a party or interested therein, it shall be the duty of the Justices of the Inferior Court of Bibb county to preside at the trial of the same. SEC. 15. And be it enacted by the authority aforesaid, That all actions commenced in said Court, for the recovery of rent in arrear, shall be tried at the first term, unless good cause be shewn for a continuance, and judgment shall be given upon all writs of scire facias against bail at the term of said Court, to which they may be returnable, unless sufficient cause be shown for a continuance. SEC. 16. And be it enacted by the authority aforesaid, That it shall and may be lawful for, and it is hereby made the duty of the city Council of Macon, at their first regular meeting after the second Wednesday in January, in each and every second year, to elect by ballot a Clerk of the Court of Common Pleas and a Sheriff of the city of Macon, who shall take oath and give security as herein pointed out; that is to say, the Clerk so elected shall take the following oath before the Judge of said Court, or any member of the city Council: I, A. B. do solemnly swear (or affirm) that I will truly and faithfully enter and record all the orders, decrees, judgments and other proceedings of the Court of Common Pleas of the city of Macon, and all other matters and things which by me ought to be recorded, and that I will faithfully and impartially discharge and perform all the duties required of me, to the best of my understanding; and such Clerk shall enter into bond with good and sufficient security or securities to the Governor for the time being, in the sum of one thousand dollars, conditioned for the faithful discharge of the

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duties which may be required of him; and the said Clerk shall, by virtue of his office, be Justice of the Peace, so far as to administer all oaths appertaining to his office, and it shall be the duty of said Clerk, to copy into a book of record, all the proceedings in said Court, for which he shall receive six and a quarter cents for every hundred words of recording such proceedings to be taxed in a bill of costs; and the said Clerk shall also keep regular and fair minutes of all the proceedings in the said Court, which shall be signed by the Judge of said Court; and the city Sheriff shall in like manner take the following oath: I, A. B. do solemnly swear (or affirm as the case may be) that I will faithfully execute warrants, precepts and processes directed to me as Sheriff of the city of Macon, and true returns make, and in all things, well and truly, and without malice or partiality perform the duties of the office of Sheriff, for the city of Macon, during my continuance in office, and take only my lawful fees; and an oath to the same purport shall be taken by the deputy of the said Sheriff, should he think proper to appoint one, which he is hereby authorized to do in like manner; and the said city Sheriff shall enter into a bond, with two good and sufficient securities, to the Governor for the time being, and his successors in office, in the sum of ten thousand dollars, conditioned for the faithful performance of his duty by himself and his deputy or deputies, which bond the Mayor or any member of the city Council is authorized to take, and the said Clerk and Sheriff shall in every instancc continue in office until a successor shall be appointed and qualified, notwithstanding the period shall have elapsed for which they shall have been elected, and the Clerk and Sheriff upon going out of office shall turn over to their successor all papers and processes of what nature and kind soever in their possession, and the said succeding Sheriff shall be empowered and required to carry into effeet any levy made by his predecessor, and shall make titles to the purchasers of property sold under execution and not conveyed by his predecessor, and the same remedy may be had against the said Clerk and Sheriff as is provided by the judiciary acts now in force against Clerks and Sheriffs in the respective counties of this State. SEC. 17. And be it enacted by the authority aforesaid, That the Clerk of the Court of Common Pleas, and the Sheriff of the city of Macon, shall be authorized to charge, demand and receive the same fees that the Clerks of the Superior Courts, and the Sheriffs of the respective counties in this State, are by law authorized to charge, demand and receive for the performance of similar duties, and shall have the same remedy for enforcing payment of their fees respectively, as are employed by those officers

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respectivelylaw, usage or custom to the contrary notwithstanding. SEC. 18. And be it enacted by the authority aforesaid, That the Clerk of said Court and the Sheriff of the city of Macon, shall be liable to be sued in Court in the same manner in which other parties are made defendants, and when the Clerk of said Court shall be made defendant in any suit or action, it shall be the duty of said Clerk to copy the petition upon which said suit is founded, and annex a process thereto, which shall be signed by the Judge of said Court, and shall be served in the same manner as in other cases; and it shall be the duty of the Clerk aforesaid, to make out final process in any case in which he may be interested, which shall be signed by the Judge of said Court, and executed as in all other cases; and when the Sheriff of the city of Macon shall be defendant in any suit brought before the Court aforesaid, it shall and may be lawful for the Marshal of the city, or any one of the city Constables, to effect service on the said city Sheriff, and such service shall be deemed good and valid, and it shall moreover be lawful for the Marshal, or any city Constable, to execute all lawful processes against the city Sheriff, and the proceedings thereon shall be the same as in other cases. SEC. 19. And be it enacted by the authority aforesaid, That the attornies practicing in said Court shall receive as a tax fee on all suits brought before said Court and perfected to judgment, the sum of three dollars, and on all suits brought and settled before judgment, the sum of two dollars, and shall in all things be under the same rules and regulations as now are of force in the Superior and Inferior Courts of this State, regard being had to the character of said Court. SEC. 20. And be it enacted by the authority aforesaid, That any party against whom a judgment may be entered, may stay the levy of execution for the space of sixty days, on payment of all costs, and giving good and sufficient security within four days after judgment, for the payment of the debt so recovered, and all future costs which may accrue thereon; and if any such party shall fail to pay the same agreeably thereto, execution may issue against such party and the security, without any other proceeding thereon. SEC. 21. And be it enacted by the authority aforesaid, That all laws and parts of laws repugnant to or miligating against this law, be and the same are hereby repealed.

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SEC. 22. And be it enacted by the authority aforesaid, That nothing in this act shall be construed so as to give said Court jurisdiction over persons living out of the corporate limits of the city of Macon. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to alter and change the time of holding the Inferior Courts, in the county of Sumpter. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Inferior Courts of the county of Sumpter, shall be held on the first Monday in June, as heretofore, and on the first Monday in December, of each and every year. SEC. 2. And be it enacted by the authority aforesaid, That all laws or parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833.

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AN ACT to define the duties of the Justices of the Inferior Courts of the several counties in this State, where persons are sent from one county to the jail of another, and to provide for the collection of jail fees. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, when for want of a jail, or any other cause or causes, it shall or may become necessary to commit any person or persons from one county to the jail of another, for offences against this State, the sheriff or jailer of said county shall after the prisoner is discharged or convicted, make out his account for jail fees, according to the law now in force, against the inferior court of said county in which the offence was committed, which account shall be approved of by a majority of the inferior court of the county in which said sheriff or jailer resides. SEC. 2. And be it enacted by the authority aforesaid, That it shall be the duty of the Justices of the inferior court against whom such account may be made out, immediately after it is presented to order, the treasurer of said county to pay the same out of any money not otherwise appropriated. SEC. 3. And be it enacted by the authority aforesaid, That the treasurer aforesaid, is hereby required to pay over said money, agreeable to the order aforesaid. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833.

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AN ACT to alter and amend an act, entitled, an act for the organization of a Mayor's Court in the town of Columbus, and for other purposes therein specified. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the regular terms of said court shall be on the first Mondays in January, March, May, July, September and November, in each year, until changed by law. SEC. 2. And be it enacted by the authority aforesaid, That no case or action to be commenced in said Court, after the passage of this act, shall stand for trial at the first term, except actions for rent, which shall in every case be tried at the first term, unless good cause of continuance be shown. SEC. 3. And be it enacted by the authority aforesaid, That the receiver of tax returns of the town of Columbus, shall, on the first Monday in January next, make out and deliver to the Clerk of said Mayor's Court, a fair list of all the persons residing within the corporate limits of said town, who, by law, are liable to serve either on the grand or petit jury; and the said receiver shall do the same on the first Monday in January in each year thereafter. Which said list, the Clerk and Judge of said Court shall, on the said first Monday in January next, and in each succeeding year, cut and separate, and place the names in a box to be prepared for that purpose, and proceed to draw out the names of twenty-four jurors, to serve at the next term of said court thereafter, and shall in like manner draw a jury at each term thereafter. Which said jurors shall be drawn, summoned, sworn, and empanneled, as is practised at the Superior and Inferior Courts. SEC. 4. And be it enacted by the authority aforesaid, That in all cases of failing to make a jury, the said Court shall be authorized to make or complete a jury of talismen; and the said Court shall have power to fine for non-attendance or contempt of jurors, as is practiced in the Superior or Inferior Courts. SEC. 5. And be it enacted by the authority aforesaid, That the said Court shall have power to issue writs of attachment,

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and summonses of garnishment for all debts coming within its jurisdiction, under the same rules and regulations governing such cases in the Superior or Inferior Courts. SEC. 6. And be it enacted by the authority aforesaid, That in case of sickness, absence, death, or resignation, of the Judge of said Court, at any term thereof, the said Court may be held by any other one of the acting commissioners of said town, who shall, previous to acting, take the oath prescribed for the Judge of said Court. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833. AN ACT to alter the times of holding the Inferior Courts in the county of Stewart. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the times of holding the Inferior Courts in the county of Stewart, are hereby altered, from the Tuesday after the first Monday in January and July, to the second Monday in April and October, in each and every year, and that all writs, processes, subp[oelig]nas, and citations, issued to the ensuing January term of said Court, be held, and considered returnable, to the term of said Court, as contemplated by this act, on the second Monday in April next, as good and valid in law, and all officers, suitors, witnesses, parties, and jurors, shall be held bound to attend said Court, on the said second Monday in April next, in like manner as they would have been bound to attend said court on the Tuesday after the second

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Monday in January next, had this act not passed, any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, Dec. 20th, 1833. AN ACT to authorize the inferior court of the county of Appling to transcribe the minutes of the Superior Court of said county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Justices of the inferior court of the county of Appling be authorized and required to have the minutes of the superior court transcribed in a bound book, such as they may deem necessary and competent to secure said minutes, or such other minutes as may hereafter be necessary to have record in said office. SEC. 2. And be it enacted by the authority aforesaid, That the Justices of the inferior court cause to be paid the necessary expenses out of the county funds, to carry the foregoing section into effect, and that all laws or parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833.

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AN ACT to alter the sessions of the inferior courts of the county of Richmond, and of the superior and inferior courts of Houston county, and of the inferior courts of Bibb county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of July next, the sessions of the inferior court of the county of Richmond, shall be held on the fourth Monday in October, and fourth Monday in April, in each and every year. SEC. 2. And be it enacted by the authority aforesaid, That from and immediately after the passage of this act, the time of holding the superior courts of Houston county, shall be on the fourth Monday in July and December in each and every year, and the inferior court of said county on the fourth Monday in April and October. SEC. 3. And be it enacted by the authority aforesaid, That all writs, precepts, or processes, of any kind or nature whatsoever, returnable at the time, which by the laws now in force, the said courts are holden, shall be returnable to the terms herein recited, any law to the contrary notwithstanding. SEC. 4. And be it enacted by the authority aforesaid, That the inferior court of Bibb county, shall hereafter be held as followson the second Monday in February and August, in each and every year. SEC. 5. And be it enacted by the authority aforesaid, That all laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833.

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AN ACT to alter the times of holding the Superior and Inferior Courts in the county of Baldwin. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the superior courts for the county of Baldwin, shall be held on the fourth Monday in January of each year, and on the second Monday of July in each year. SEC. 2. And be it enacted by the authority aforesaid, That from and after the first day of January next, the inferior courts for said county shall be held on the fourth Monday of April in each year, and on the fourth Monday of October in each year; and that all writs, processes and other court papers, made returnable to the February term of the superior court aforesaid, for the ensuing year, shall be taken and held as returnable to the January term aforesaid. And that all laws or parts of laws, operating against this act, be and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to amend an act, assented to on the 22d day of December, 1832, entitled an act, to remove the court-house to the centre of the county of Wayne. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is

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hereby enacted by the authority of the same, That the commissioners elected in pursuance of an act of which this is amendatory, or a majority of them, shall have power, and they are hereby authorized to appropriate the old court-house in the said county of Wayne, to assist in defraying the expense of building a new court-house in said county, as contemplated by said act, either by using the materials, or by exposing it to public sale, as in their judgment will best promote the interest of said county, any law to the contrary notwithstanding: Provided, that nothing herein contained, shall be so construed as to authorize the said commissioners to take any measure in relation to the old court-house, which will interfere with the ordinary use of it for public purposes, until they shall have so far progressed in the building of the new court-house, as to require the materials of the old one for its completion: Provided also, that the commissioners shall not interfere with any session of the superior court for said county, by taking down or removing the present court-house. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to legalize and make valid certain acts of John P. Lucas, of the county of Walton, as clerk of the superior and inferior courts of said county. Whereas, John P. Lucas, of the county of Walton, was elected clerk of the superior and inferior courts of said county, on the day of October, eighteen hundred and thirty-two; and whereas, on the same day, an election was held in said county for a Representative to the Legislature; and whereas, doubts are entertained of the validity of said election,

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Be it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all acts done and performed by the said John P. Lucas, or his deputy, as clerk of the superior or inferior courts of the county of Walton, so far as the same might be affected by the time of his election to said office, or either of them be, and the same are hereby legalized and made valid as fully as though no other election had been held on the same day, and that acts, in other respects lawful, shall be taken, held, and considered as legal and valid until an election shall be held in the county of Walton, to fill said offices, and the individuals who may be elected shall be commissioned and qualified. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833. AN ACT to authorize the clerks of the superior and inferior courts, and court of ordinary of Montgomery county, to keep their offices in any part of said county. Be it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, it shall be lawful for the clerks of the superior and inferior courts and court of ordinary of Montgomery county, to keep their offices in any part of said county, any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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AN ACT to alter and change the time of holding the Inferior Court of the county of Hall. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the time of holding the Inferior Court of Hall, shall be on the fourth Monday in January and July, in each and every year, instead of the third Monday in June and December, as heretofore. SEC. 2. And be it enacted by the authority aforesaid, That all persons summoned, subp[oelig]naed or bound as suitors, witnesses, jurors or in any other capacity, to attend said Courts at the time which by the laws now in force are holden, shall be bound by virtue of said summons, subp[oelig]na or other process, heretofore issued, to attend said Courts, as altered by this act. SEC. 3. And be it enacted by the authority aforesaid, That all writs, precepts and processes of any kind or nature whatsoever, shall be made returnable to the terms heretofore recited. SEC. 4. And be it enacted by the authority aforesaid, That all laws or parts of laws militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, Dec. 7th 1833.

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AN ACT to alter and fix the time of holding the Superior Courts of the Cherokee circuit. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the Superior Courts of the counties composing the Cherokee circuit of this State, shall be held at the times following, to wit: In the county of Union, on the first Monday in February and August in each and every year; in the county of Gilmer, on the second Monday in February and August in each and every year; in the county of Lumpkin, on the third and fourth Monday in February and August in each and every year; in the county of Forsyth, on the first Monday in March and September in each and every year; in the county of Cherokee, on the second Monday in March and September in each and every year; in the county of Cass, on the third Monday in March and September in each and every year; in the county of Murray, on the fourth Monday in March and September in each and every year; in the county of Walker, on the first Monday in April, and on Wednesday after the first Monday in October in each and every year; in the county of Floyd, on the second Monday in April and October in each and every year. SEC. 2. And be it enacted by the authority aforesaid, That all petitions, bills and subp[oelig]nas, and all processes whatsoever, returnable to said Courts, at any other times than those herein mentioned, be and the same are made returnable to the Courts to be held according to this act, and all parties, jurors, witnesses, and other persons required to attend said Courts, or any of them, are required to attend at the times herein before mentioned. SEC. 3. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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AN ACT to form and organize out of the Chattahoochee, Flint and Cherokee circuits, a new judicial circuit, to be called the Coweta circuit, and also to attach the counties of Early and Baker, of the Southern circuit, to the Chattahoochee circuit, and that they form a part of said circuit, also appoint the time for holding the superior courts of both circuits: and to alter the time of holding the courts in the counties of Lowndes, Thomas and Decatur. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the counties of Meriwether, Troup, Heard, Coweta, DeKalb, Campbell and Carroll, of the Chatahoochee circuit; the county of Fayette, of the Flint circuit, and the counties of Paulding and Cobb, of the Cherokee circuit, form a new judicial circuit, to be known and called the Coweta circuit; and that as soon as convenient after the passage of this act, there shall be elected, a judge of the superior court and solicitor general, for said Coweta circuit. SEC. 2. And be it enacted by the authority aforesaid, That the counties of Baker and Early, be attached to and form a part of the Chattahoochee circuit. SEC. 3. And be it enacted by the authority aforesaid, That the time for holding the superior courts in the Coweta circuit, shall be as follows: In the county of Meriwether, on the second Monday in February and August. In the county of Troup, on the third Monday in February and August. In the county of Heard, on the fourth Monday in February and August. In the county of Coweta, on the first Monday in March and September. In the county of Fayette, on the second Monday in March and September. In the county of DeKalb, on the third Monday in March and September. In the county of Campbell, on the fourth Monday in March and September.

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In the county of Cobb, on the second Monday in April and October. In the county of Paulding, on the third Monday in April and October. In the county of Carroll, on the fourth Monday in April and October. SEC. 4. And be it enacted by the authority aforesaid, That the times for holding the superior courts of the Chattahoochee circuit, shall be as follows, to wit: In the county of Stewart, on the second Monday in February and August. In the county of Randolph, on the Thursday after the second Monday in February and August. In the county of Early, on the third Monday in February and August. In the county of Baker, on the fourth Monday in February and August. In the county of Lee, on the first Monday in March and September. In the county of Sumpter, on the Thursday after the first Monday in March and September. In the county of Marion, on the second Monday in March and September. In the county of Talbot, on the third Monday in March and September. In the county of Muscogee, on the fourth Monday in March and September. And in the county of Harris, on the second Monday in April and October. SEC. 5. And be it enacted by the authority aforesaid, That from and immediately after the passage of this act, the time of holding the superior courts in the county of Lowndes, shall be on Thursday before the first Monday in February and August. In the county of Thomas, on the first Monday in February and August. And in the county of Decatur, on the second Mondays in February and August. SEC. 6. And be it enacted by the authority aforesaid, That all persons, summoned, subp[oelig]naed, or bound as suitors, witnesses, jurors, or in any other capacity to attend said courts in either of the above mentioned circuits, shall be bound by virtue

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of said summons, subp[oelig]nas, or any other process, heretofore issued, to attend said courts as altered by this act. SEC. 7. And be it enacted by the authority aforesaid, That all laws or parts of laws, militating against this act, be and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 16th Dec. 1833. DAM. AN ACT to provide for the removal of the dam and lock upon the Oconee river near Milledgeville, and to remove all other obstructions to a certain point on said river, calculated to impede the free passage of fish, and to punish those who may endeavour to defeat the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Wilkins Smith and John Graybill, of the county of Hancock, and John Bass and of the county of Putnam, are hereby appointed commissioners to superintend the removal of the lock and dam on the Oconee river, near Milledgeville, and all obstructions on said river, calculated to impede the free passage of fish, to where the Green and Hancock county line intersects said river on its east side. SEC. 2. And be it enacted by the authority aforesaid, That said commissioners, as soon after the passage of this act as they

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may designate, may proceed, and have removed, the lock and dam erected by the State across the Oconee river, near Milledgeville, Provided, the same be done without any expense or cost to the State. SEC. 3. And be it enacted by the authority aforesaid, That it shall be the duty of said commissioners, within two months after the passage of this act, to proceed and examine the channel of said river, from said dam and lock, to the point where the Green and Hancock county line intersects said river, and remove from the main channel of said river, thirty feet of any dam that may extend across said river: Provided, said commissioners shall give ten days notice to the person owning said mill dam, of the day they are going to remove said dam; and provided further, that said removal be made without any cost or expense to the State. SEC. 3. And be it enacted by the authority aforesaid, That if the owner of any such dam, or any other person, shall refuse and forcibly interfere, for the purpose of preventing said commissioners from removing said dam, then it shall be lawful for either of said commissioners, to apply to any Judge of the superior court, Judge of the inferior court, or Justice of the peace, and make oath, that the owner of said dam refuses, and will not permit said dam to be removed; upon which affidavit, it shall be the duty of said Judge, or Justice, to issue his warrant, directed to any sheriff, or constable of the county, where the owner of said dam may reside, against the person so preventing the removal of said dam; upon the arrest and return of said warrant, it shall be the duty of the Judge or Justice, upon showing that the person arrested has interfered for the purpose of preventing the removal of said dam, either by menaces or otherwise; to require the person so arrested, to enter into bond, in the sum of one thousand dollars, that he will not interfere with the persons employed to remove said dam; and if the person so arrested, shall refuse to enter into said obligation, then it shall be the duty of said Justice or Judge to commit the person so arrested, to the jail of the county, in which he has been arrested, and to remain there until he enters into bond as aforesaid. SEC. 4. And be it enacted by the authority aforesaid, That if any person shall replace any of the obstructions moved by said commissioners, or put into the main channel of said river any obstructions calculated to impede the free passage of fish, he or they shall be subject to indictment, and on conviction, shall be fined the sum of one hundred dollars, one half to go to the prosecutor, the other half to the county.

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SEC. 5. And be it enacted by the authority aforesaid, That all laws, or parts of laws, militating against the provisions of this act, are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. DEEDS. AN ACT to make valid certain Deeds, c. Whereas, by an act of the General Assembly of the State of Georgia, entitled, an act to point out the mode under which property reverting to the State shall be disposed of, passed the 20th December, 1792; and whereas, by the 7th section of said act, it is declared, that by several resolutions and acts of the legislature of this State, that the several counties of this State, were entitled to receive out of the sales of confiscated property, the sum of one thousand pounds each for the encouragement of public schools: And whereas, it is enacted by the above recited act, That each county in this State, which has not received such donation, the commissioners of the public Academy of such county or their agents, to be by them legally appointed, be at liberty to purchase at any sales of confiscated property intended by this act, the sum of one thousand pounds: And whereas, to wit: on the 26th day of November, 1794, the commissioners of the public Academy of Washington county, by their agent, John Watts, did purchase two several tracts of land, sold as confiscated property: And whereas, Nicholas Long, Philip Clayton, and Josiah Tatnall, commissioners of confiscated reverted property, at the time of such sale, and having neglected and failed to execute

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titles to the commissioners of the public Academy of Washington for such tracts or parcels of land, purchased by them for the use of public schools: And whereas, to remedy omissions, neglects, and failures of the said Nicholas Long, Philip Clayton, and Josiah Tatnall, the General Assembly passed a resolution on the 18th day of November, 1801, directing the Secretary of state, to make and execute titles to the commissioners of the counties of Wilkes and Green, and should the commissioners of any other county, who shall not have titles, executed as aforesaid, produce satisfactory documents to the secretary of state, that titles have not been executed, he is hereby authorised and directed to execute titles to the said commissioners: And whereas, Horatio Marbury, then Secretary of state, in conformity to the above recited resolution, did on the 12th day of June, 1804, make and execute a title deed to the commissioners of Washington county Academy to the said two several tracts of land, situate in Bryan and Liberty counties, and being described in said deed; which said deed is under the hand and private seal of the said Horatio Marbury, as Secretary of state: And whereas, doubts are entertained and have arisen to the validity of the title conveyed under said deed: And whereas, certain commissioners of county Academies in this state, have sold and conveyed certain tracts of land, for the use and benefit of said Academies, without any special act of the legislature of this state for that purpose: And whereas, doubts exist and have arisen, to the validity, titles, and deeds of conveyances made by the commissioners of said Academies, to such purchasers of said lands, and for remedy whereof, Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the above recited deed, made by Horatio Marbury, Secretary of state, under his private seal, to the commissioners of Washington county Academy, be held, deemed, declared and considered valid to all intents and purposes, and that said deed shall be read in evidence in any court of law and equity in this state, any law, usage or custom, to the contrary notwithstanding. SEC. 2. And be it enacted by the authority aforesaid, That all sales made by the commissioners of the several county Academies in this state, shall be held, deemed, declared and considered valid, and that all deed or deeds, made and executed by a majority of said commissioners, conveying a title to any tract or tracts, parcel or parcels of land, by them sold to a bona fide purchaser, which said commissioners or their agents may have heretofore

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purchased at the sales of confiscated property, shall be held, deemed, declared and considered valid to all intents and purposes, and that the same shall be read in evidence in any court of law and equity in this state, any law, usage or custom, to the contrary notwithstanding. SEC. 3. And be it enacted by the authority aforesaid, That all laws, or parts of laws, militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. DIVORCES. AN ACT to separate and divorce Green Fuller and Susannah Fuller his wife. Be it enacted by the Senate and House of Representatives, of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the matrimonial connection, or civil contract of marriage made between the said Green Fuller and Susannah Fuller, shall be completely annulled, set aside and dissolved, as fully and effectually as if no such contract had ever been made and entered into between them. SEC. 2. And be it enacted by the authority aforesaid, That the said Green Fuller and Susannah Fuller, shall in future

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be held as distinct and separate persons, altogether unconnected by any mystical union or civil contract whatever. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. In Senate. Read 1st time, 7th Nov. 1833. Read 2d time, 13th Nov. 1833. Read 3d time, 4th Dec. 1833.Passed. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives. Read 1st time, 1st Dec. 1833. Read 2d time, 4th Dec. 1833. Read 3d time, 20th Dec. 1833.Passed. AttestJOSEPH STURGIS, Clerk. AN ACT to separate and divorce Nancy Williamson and Peter G. Williamson her husband; Isaac Melton and Rachael Melton his wife; Mary Young and Elijah R. Young her husband; Perry Ozier and Elizabeth Ozier his wife; Jane M`Curdy and Robert J. M`Curdy her husband; Cloud Barton and Hester Ann Barton his wife; Rebecca Davis and Bazzil M. Davis her husband; John Reynolds and Elizabeth Reynolds his wife; Jacob Davis and Mary Davis his wife; Zachariah T. Knight and his wife Russena Knight; Elisha Hendrick and Alvina Hendrick his wife; Samuel Passmore and Zilpha Passmore his wife; James Davis and Elizabeth Davis his wife. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the matrimonial connection, or

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civil contract of marriage, made and entered into between Nancy Williamson and Peter G. Williamson her husband; Isaac Melton and Rachael Melton his wife; Mary Young and Elijah R. Young her husband; Perry Ozier and Elizabeth Ozier his wife; Jane M`Curdy and Robert J. M`Curdy her husband; Cloud Barton, and Hester Ann Barton his wife; Rebecca Davis and Bazzil M. Davis her husband; John Reynolds and Elizabeth Reynolds his wife; Jacob Davis and Mary Davis his wife; Zachariah T. Knight and his wife [Russena] Knight; Elisha Hendrick, and Alvina Hendrick his wife; Samuel Passmore and Zilpha Passmore his wife; and James Davis and Elizabeth Davis his wife, be, and the same is hereby annulled, set aside, and dissolved as fully and effectually as if no such contract had ever been made, or entered into between them. SEC. 2. And be it enacted by the authority aforesaid, That the said Nancy Williamson and Peter G. Williamson her husband; Isaac Melton and Rachael Melton his wife; Mary Young and Elijah R. Young her husband; Perry Ozier and Elizabeth Ozier his wife; Jane M`Curdy and Robert J. M`Curdy her husband; Cloud Barton and Hester Ann Barton his wife; Rebecca Davis and Bazzil M. Davis her husband; John Reynolds and Elizabeth Reynolds his wife; Jacob Davis and Mary Davis his wife; Zachariah T. Knight and his wife [Russena] Knight; James Davis and Elizabeth Davis his wife; Elisha Hendrick and Alvina Hendrick his wife; Samuel Passmore and Zilpha Passmore his wife; and James Davis and Elizabeth Davis his wife, shall in future be held and considered as separate and distinct persons, altogether unconnected by any mystical union, or civil contract whatever, at any time heretofore entered into between them. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. In Senate. Read 1st time, 17th Dec. 1833. Read 2d time, 18th Dec. 1833. Read 3d time, 20th Dec. 1833.Passed. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives. Read 1st time, 4th Dec. 1833. Read 2d time, 11th Dec. 1833. Read 3d time, 16th Dec. 1833.Passed. JOSEPH STURGIS, Clerk.

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AN ACT to separate and divorce Sally Shivers, formerly Sally Long, from her husband Obadiah Shivers. Be it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by authority of the same, That the verdict of the special jury in the Superior Court of the county of Hancock, at the instance of Sally Shivers against her husband Obadiah Shivers, be, and the same is hereby ratified and confirmed, and that the contract of marriage made and entered into by and between the said Sally, formerly Sally Long, and her said husband, be, and the same is hereby annulled and dissolved, and the said Sally shall be entitled to all the benefits, privileges and immunities of an unmarried woman. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. In Senate. Read 1st time, 10th Dec. 1833. Read 2d time, 11th Dec. 1833. Read 3d time, 18th Dec. 1833.Passed. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives. Read 1st time, 11th Nov. 1833. Read 2d time, 23d Nov. 1833. Read 3d time, 7th Dec. 1833.Passed. AttestJOSEPH STURGIS, Clerk. AN ACT to separate and divorce George Eason from his wife Penelope Eason, Joseph Dixon from his wife Sarah Dickson, Mary Thornton from her husband Elijah Thornton, James Crosby from his wife Ann Crosby, Charles Muggeridge from

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his wife Mary K. Muggeridge, Elizabeth Patton from her husband John W. Patton, Catharine Taylor and her husband William Taylor, and Polity Wasden and her husband Bryant Wasden. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it it hereby enacted by the authority of the same, That from and after the passing of this act, the matrimonial connection or civil contract of marriage made and entered into between the aforesaid George Eason and his wife Penelope Eason, Joseph Dixon and his wife Sarah Dickson, Mary Thornton and her husband Elijah Thornton, James Crosby and his wife Ann Crosby, Charles Muggeridge and his wife Mary K. Muggeridge, and Elizabeth Patton and her husband John W. Patton, Catharine Taylor and her husband William Taylor, and Polity Wasden and her husband Bryant Wasden, shall be completely set aside, annulled and dissolved, as fully and effectually as if no such contract had ever been made and entered into between the aforesaid parties. SEC. 2. And be it enacted by the authority aforesaid, That the individuals mentioned in the foregoing section, shall in future be held and considered as separate and distinct persons, altogether unconnected by any mystical union or civil contract whatever, heretofore made and entered into between them. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. In Senate. Read 1st time, 8th Nov. 1833. Read 2d time, 14th Nov. 1833. Read 3d time, 9th Dec. 1833.Passed. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives. Read 1st time, 10th Dec. 1833. Read 2d time, 11th Dec. 1833. Read 3d time, 20th Dec. 1833.Passed. AttestJOSEPH STURGIS, Clerk.

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AN ACT to separate and divorce Martha C. Johnston and Patrick H. Johnston, her husband. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the matrimonial connection or civil contract of marriage, made between the said Martha C. Johnston and Patrick H. Johnston, her husband, shall be completely annulled, set aside, and dissolved, as fully and effectually as if no such contract had ever been made and entered into between them. SEC. 2. And be it enacted by the authority aforesaid, That the said Martha C. Johnston, and Patrick H. Johnston, shall, in future, be held as distinct and separate persons altogether, unconnected by any mystical union or civil contract whatever. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. In Senate. Read 1st time, 7th Nov. 1833. Read 2d time, 13th Nov. 1833. Read 3d time, 4th Dec. 1833.Passed. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives. Read 1st time, 10th Dec. 1833. Read 2d time, 11th Dec. 1833. Read 3d time, 20th Dec. 1833.Passed. AttestJOSEPH STURGIS, Clerk.

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AN ACT to separate and divorce Abraham Walker and Amarintha Louisa Walker, his wife. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the matrimonial connection, or civil contract of marriage, heretofore made and entered into between Abraham Walker and Amarintha Louisa Walker, his wife, formerly Amarintha Louisa Whitehead, shall be, and the same is hereby completely annulled, set aside, and dissolved, as fully and effectually as if no such contract had ever been made and entered into between them. SEC. 2. And be it enacted by the authority aforesaid, That the said Abraham Walker, and Amarintha Louisa Walker, his wife, shall, upon the passage of this act, be held as separate and distinct persons, altogether unconnected by any matrimonial union or civil contract whatever, at any time heretofore made and entered into between them. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. In Senate. Read 1st time, 3d Dec. 1833. Read 2d time, 4th Dec. 1833. Read 3d time, 6th Dec. 1833.Passed. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives. Read 1st time, 9th Nov. 1833. Read 2d time, 19th Nov. 1833. Read 3d time, 26th Nov. 1833.Passed. AttestJOSEPH STURGIS, Clerk.

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ELECTIONS. AN ACT to compensate one of the Justices of the Peace, who may be a superintendent of the Elections at the several election [Illegible Text] in and for the counties of Coweta, Warren, Putnam, Forsyth, Bibb, Jefferson, Lumpkin, Dooly, Houston, Thomas, Richmond, Marion, Lowndes, Monroe, Columbia, Baker, Henry, Hancock, Wilkes, Randolph and Jones. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, it shall be the duty of one of the justices of the peace, who may be a superintendent at each of the several election [Illegible Text] established by law, in and for said counties, to meet at the court-house and compare and consolidate the returns according to law, heretofore made and provided in such cases, for which services each of the above named justices shall be allowed for each return so made, the sum of one dollar and fifty cents, to be paid out of the county fund. SEC. 2. And be it enacted by the authority aforesaid, That each of the above recited justices shall make out their accounts agreeably to the first section of this act, setting forth the day and date, and cause the same to be laid before the justices of the inferior court of said counties. SEC. 3. And be it enacted by the authority aforesaid, That it shall and may be lawful, for the justices of the inferior courts of said counties, to issue their order, requiring the county treasurer to pay the same out of any monies belonging to the county, not otherwise appropriated.

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SEC. 4. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to repeal so much of an act passed the 22d of December, 1825, as authorizes the holding of elections in Captain Charles McQuinney's district or the 335th district, at the place where the justice's court is held in said district, in the county of Wayne. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, all elections held for electors of president and vice president, for governor, for members to congress, members of the state legislature, and for all county officers, shall be held at the place where the justice's court is now or may hereafter be held in the 335th district, under the same rules and regulations as the elections heretofore established in the county of Wayne. SEC. 2. And be it enacted by the authority aforesaid, That all laws or parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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AN ACT to alter and amend the tenth section of an act passed the 23d day of December, 1830, entitled an act prescribing the manner of holding elections at the several election districts in the several counties of this state, and to punish those who may attempt to defeat or violate the election laws now of force in this state, so far as respects the county of Bryan. Be it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall not be lawful for the magistrates or freeholders who shall carry the district election returns to the court house of Bryan county, according to the provisions of an act passed on the 23d day of December, 1830, whose title is quoted in the caption or title of this act, to receive from the county treasury more than one dollar and fifty cents for said service, any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to compensate the managers of elections at the different precincts in the counties of Appling and Columbia, for carrying up the returns of said precincts. 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 in all elections for Governor, members to Congress, members of the Legislature, and electors for President and Vice President of the

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United States, the person carrying up the returns from each and every precinct, in the counties of Appling and Columbia, to the Court House in said counties, shall be entitled to receive a compensation of two dollars each, per day, as a compensation for their services for the same, to be paid out of the county funds: Provided, that not more than one person shall be paid for carrying up the same from each precinct. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec., 1833. AN ACT to establish election precincts in the county of Montgomery, and to repeal an act, authorizing elections to be held at the house of formerly Lewis Hall, in the said county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall be lawful to hold elections for Governor, members of the State Legislature, representatives to Congress, electors of President and Vice President, and all county officers, at the several places of holding Justices courts, in the said county, all of which said elections shall be managed and conducted by the same rules and regulations which are prescribed by an act, passed 23d December, 1830, prescribing the manner of holding elections at the several election districts in in the several counties of this State. SEC. 2. And be it enacted by the authority aforesaid, That it may be lawful to conduct and superintend the elections at the Court House in said county, in the manner, and with similar superintendents, as the precincts. SEC. 3. And be it enacted by the authority aforesaid, That an act, passed on the 29th day of November, 1829, authorizing

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elections to be held at the house of Lewis Hall, in Captain M'Millan's district, on the west side of the Oconee river, in said county, be, and the same is hereby repealed. SEC. 4. And be it enacted by the authority aforesaid, That the magistrate or freeholder, who shall carry the district election returns to the Court House, according to the provisions of this act, shall be allowed the sum of one dollar, to be paid out of the county treasury. SEC. 5. And be it enacted by the authority aforesaid, That all laws, and parts of laws, militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to change the place of holding elections in the election precinct composed of the 14th and 15th districts of originally Carroll, now Troup county. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the place of holding elections in said election precinct shall be at the store house of J. H. Goss Co. under the same rules and regulations as heretofore established by law for holding said elections; any law, usage or custom, to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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AN ACT to repeal the 14th section of an act passed the 26th December, 1831, establishing election precincts in the several counties therein named, so far as relates to the county of Greene. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the 14th section of the before recited act establishing an election district in the county of Greene, in addition to that held at Greenesborough in said county, to wit, at the house of Littleberry Stovall, in the one hundred and forty-fifth militia district, be, and the same is hereby repealed. SECT. 2. And be it enacted by the authority aforesaid, That all elections for governor, electors of president and vice president, members of the legislature, members of congress, and county officers, shall in future be held in the town of Greenes-borough in said county. SEC. 3. And be it enacted, by the authority aforesaid, That all laws and parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec., 1833. AN ACT to authorize the citizens of this State to vote in certain cases, out of the counties in which they reside. Be it enacted by the Senate and House of Representatives

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of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That in all elections hereafter to be held for Governor, or electors of President and Vice-President of the United States, and upon all questions and subjects whereon the voice of the people of Georgia may be desired to be expressed, it shall and may be lawful for any citizen of this State who may be entitled to vote for such officers or upon such questions in the county of which he is a resident, to vote for or upon the same, in any county of this State: Provided, he shall not have voted elsewhere for such officer, or upon such question or subject. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to create Election Districts in the county of Cherokee, and other counties hereinafter named, and to punish those who may attempt to defeat the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, it shall and may be lawful for elections for Governor, Electors of President and Vice-President of the United States, Representatives to Congress, members to the Legislature, and county officers, to be held at the house of Surry Eaton, in Captain Nixe's District; at the house of John Tate, in Captain District; at the house of William Lawless, in Captain Trout's District, and at the court-house in the town of Etowa, in said county of Cherokee. SEC. 2. And be it enacted by the authority aforesaid, That one justice of the inferior court, or one justice of the peace of said county, and two freeholders, may superintend the elections

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in said districts, after the said freeholders have taken the following oath:I do solemnly swear, that I will faithfully and impartially superintend this day's election, and make a just and true return thereof according to law, and the best of my ability. So help me God. SEC. 3. And be it enacted by the authority aforesaid, That the superintendents of each of said District Elections, shall, and they are hereby required, on the day of said Elections, to count out the ballots by them taken in, and make a fair statement of the polls, and one or more of the superintendents of said Election Districts, shall meet one or more of the superintendents of the election held at the court-house in said county, on the day next after the election, and there compare and add the returns of votes together, and transmit a true statement of the same to the Executive office, agreeably to the laws of this state, now in force. SEC. 4. And be it enacted by the authority aforesaid, That if any person shall vote, or attempt to vote, at more than one place in said county, on the same day; or if any superintendent or magistrate, of any of said district elections, shall violate the trust to him or them committed, by this act, such person, superintendent, or magistrate, shall be guilty of a high misdemeanour, and on conviction thereof, before the superior court, shall be fined in a sum not less than ten, nor exceeding fifty dollars, and be imprisoned at the discretion of the court. SEC. 5. And be it enacted by the authority aforesaid, That the place of the sheriff, or his deputy, may be supplied by any lawful constable; and in case there should be no sheriff, deputy sheriff, or lawful constable, then, and in that case, the superintendents shall, and they are hereby authorized, to appoint some fit and proper person to act at such elections; and that said district elections shall, in all other respects, be held and conducted in the same manner, and at the same time, as is prescribed by the laws now in force in this state regulating elections. SEC. 6. And be it enacted by the authority aforesaid, That there shall be established an election precinct at the place of holding Justice's courts, for the Warrior district, and at the place of holding Justice's courts for Captain Pittman's district, in the county of Bibb; and that one Justice of the peace, and two freeholders, shall be authorized to hold elections at said precincts; and the elections held at said precincts shall be conducted according to the laws now in force in this state; and all elections for officers, both civil and military, may be held at said precincts.

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SEC. 7. And be it enacted by the authority aforesaid, That the election precinct, heretofore established at the house of Galba Matthews, on lot No. 214, in the twenty-fifth district of originally Lee, now Stewart county, be, and remain on said lot; and it shall be lawful for elections for all officers, to be held on said lot as heretofore, the removal of Galba Matthews to the contrary notwithstanding. SEC. 8. And be it enacted by the authority aforesaid, That from and immediately after the passage of this act, there shall be established an election precinct at the house of John F. Myrick, in the county of Crawford, the place of holding Justices' courts for Captain Hobb's district; at which place it is hereby made legal, for all persons entitled to vote for members of the General Assembly of this State in said county, to vote at the aforesaid place, for representatives from this State in the congress of the United States, members of the Legislature, governor of this State, and all county officers; which election shall be held and conducted under the same rules, regulations, and practices, as are prescribed by law, in other cases regulating election precincts. And be it enacted by the authority aforesaid, That there shall be established an election precinct at the store house of Charles Medlock, in the county of Hancock; and also an election precinct at the store of David Murtford, on lot No. 108, in the fourteenth district of originally Muscogee, now Talbot county; and at the house of Harral Flowers, in Captain Dingley's district, in the county of Jones, instead of James Huckaby's, as heretofore; and also at the store house of Benjamin Irwin, in the first district of Pike county, it being at this time the place of holding Justices' court in said district; that the precinct at the house of James Brumbaly, in Carrol county, be removed to the house of George Read, at the place of holding Justices court, in the said district; and also at the house of Thomas Overstreet, in the county of Decatur, at a place called the Pleasant Grove; in the county of Morgan, at the house of John M`Murry, near Billup's old store, there shall be an election precinct, under the same rules and regulations, and same privileges, as are required by this act. And be it enacted by the authority aforesaid, That from and immediately after the passage of this act, it shall and may be lawful for elections for Governor, elections for electors for President and Vice President of the United States, Representatives to Congress, members of the Legislature, and county

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officers to be held at the houses of the following persons and following places herein after named in the following counties, to wit. In the county of Upson there shall be an additional election precinct established at a place called Union Hill. In the county of Thomas at the place of holding justices' courts in the sevem hundred and fifty-fourth district, and at the house of John Sloane, in the eighth district formerly Irwin, now Thomas county. In the county of Crawford, at the house of John F. Myrick. In the county of De Kalb, at the house of William Conn. And be it enacted by the authority aforesaid, That the election precincts heretofore established in the following counties, shall be moved to the following places, to wit The precincts heretofore established at the house of Samuel Scott in Capt. Bolton's district, in Newton county, shall be moved to the house of Early Greathouse in said countythat the precinct at the house of John W. Lea in Telfair county, shall be moved to the house of James Ryalls in Capt. Burk's districtthat the precinct at the store of Patrick J Murry in the county of Hall, be moved to the store of Jacob Hollinsgworth in said countythat the precinct established at the house of Robert Duncan in the county of Talbot, shall be moved to the house of George Pierce, of Capt. Killum's district in said countythat the precinct at the house of Ingraham Bass of Campbell county in Capt. Knight's district, be moved to the place of holding justices' courts in said district, and that an additional precinct be established at the house of Hugh W. Brewster, of Capt. Allen's district in said county of Campbellthat there shall be an election precinct established at the house of Matthew Whitfield in the three hundred and sixty-third district in the county of Jasper. And be it enacted by the authority aforesaid, That election precincts shall be established at the several places of holding justices' courts in the county of Randolph, from and immediately after the passage of this act, and in case any of said courts shall move their place of holding said courts, the election precincts there established shall move with them, and the place to which said court shall move shall be the place of holding elections for that district. And be it enacted by the authority aforesaid, That the election precinct in the county of Wilkes, held at the muster ground of the thirty-ninth battalion Georgia militia, be removed to the Village of Danburg in said county, and the election to be held at such house as the presiding officers may designate,

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and to change the name of the precinct known as Scott's and Deubury's store, to that of Raytown in said county. SEC. 9. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, Dec. 24th, 1833. FEES. AN ACT to reduce the fees on grants to fortunate drawers in the late land and gold lotteries of the lands of this state in the Cherokee county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the fees on grants for lands drawn in the late land and gold lotteries, shall be ten dollars on each grant of a land lot, and five dollars on each grant of a gold lot, to be paid into the treasury of this State. SEC. 2. And be it enacted by the authority aforesaid, That all laws and parts of laws repugnant to this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 13th Dec. 1833.

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FERRIES. AN ACT to establish a ferry on Coosa river, on lot No. 181, fourth district, fourth section, in the county Floyd, and a ferry across the Etowa river, on lot No. 181, twenty-first district, second section, and on lot No. 167, fourteenth district, second section, Cherokee county, and to regulate the toll of the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after passage of this act, Jacob Putnam, his heirs and assigns, are hereby vested with the privilege of keeping a ferry across Coosa river, on lot one hundred and eighty-one, fourth district of the fourth section, in the county of Floyd: Provided, the said Jacob Putnam, his heirs and assigns, do at all times keep a good and sufficient flat, or ferry boat, for the conveyance of passengers, and give due attention to said ferry. SEC. 2. And be it enacted by the authority aforesaid, That the following rates of toll, shall be lawful to be received for ferriage at said ferry, to wit: For each loaded wagon, team and driver, one dollar; for each empty wagon, team, and driver, fifty cents; for each four wheel pleasure carriage, fifty cents; for each two wheel pleasure carriage, twenty-five cents; for each cart, team, and driver, twenty-five cents; for each man, and horse, twelve and a half cents; for each footman, five cents; for each led or loose horse, five cents; for each head of neat cattle, three cents; for each head of hogs, sheep, or goats, one cent. SEC. 3. And be it enacted by the authority aforesaid, That the said Jacob Putnam, his heirs and assigns, shall be bound to make good any damage that may be sustained by his or their neglect. SEC. 4. And be it enacted by the authority aforesaid, That from and after the passing of this act, John Brewster, his heirs, and assigns, are hereby vested with the privilege of a public ferry, across the Etowa river, on lot No. 181, twenty-first district, second section, Cherokee county, on his own land:

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Provided, the said John Brewster, his heirs and assigns, do at all times, keep a good flat, or ferry boat, for the conveyance of passengers, and give due attention to said ferry. SEC. 5. And be it enacted by the authority aforesaid, That it shall and may be lawful for the said John Brewster, his heirs and assigns, to receive the following rates of toll, at said ferry, to wit: for each road wagon, team, and driver, the sum of fifty cents; for each four wheel pleasure carriage, fifty cents; for each two wheel pleasure carriage, twenty-five cents; for each horse, or ox cart, twenty-five cents; for each Jersey, or carry-all wagon, twenty-five cents; for each man and horse, twelve and a half cents; each footman, five cents; for each head of neat cattle, three cents; for each led or loose horse, five cents; for each head of hogs, sheep, or goats, one cent; subject to the same rules and regulations as is observed in the third section of this act. SEC. 6. And be it enacted by the authority aforesaid, That from and after the passing of this act, Joseph Donaldson, his heirs and assigns be, and they are hereby vested with the privilege of keeping a ferry across Etowa river, on lot No. 167, fourteenth district, second section, on his own land: Provided, he or they do, at all times, keep a good and sufficient flat, or ferry boat, for the conveyance of passengers, and give due attention to said ferry and that he be authorized to ask, demand, and receive, the same rates of toll at said ferry, as allowed to John Brewster, by the fifth section of this act, subject to the same rules and regulations as observed in the third section of this act, any law, usage, or custom, to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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AN ACT to establish and make permanent, a ferry across the Oostanala River, in the county of Floyd, to be known by the name of `Thomason's Ferry,' and to vest the right thereof in John Thomason and his heirs and to fix the rates of said Ferry. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, John Thomason, be, and he is hereby authorized to erect a Ferry across the Oostanala River, in the county of Floyd, on his own land, and that he be entitled to demand and receive, the following rates of toll or ferriage, to wit: for a loaded wagon and team, fifty cents; for a four wheel carriage and two horses, thirty-seven and a half cents; for a gig and horse, twenty-five cents; for a horse and cart, twenty-five cents; for a man and horse twelve and a half cents; for an ox cart and oxen, twenty-five cents; for each foot passenger, six and a quarter cents; for each head of neat cattle, two cents; for hogs, sheep, goats, one cent; for a led horse, six and a quarter cents. SEC. 2. And be it enacted by the authority aforesaid, That the said John Thomason shall be held liable for all losses or damages which may be sustained, in consequence of negligence or other improper conduct at said Ferry. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d December, 1833.

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INCORPORATIONS. AN ACT to amend the fourteenth section of an act, passed the 26th December, 1826, entitled, an act to incorporate the Savannah, Ogeechee and Alatamaha Canal Company. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the fourteenth section of the act, entitled, an act to incorporate the Savannah, Ogeechee and Alatamaha Canal Company, shall be in the following words, any law to the contrary notwithstanding, to wit: Sec. 14. And be it further enacted, That whenever the said canal shall intersect a public road, the said corporation shall be bound to build a safe and suitable bridge, and the bridges of all public roads, laid out before or after the passage of this act, crossing the said canal, shall be constructed and kept in repair by the county, all repairs heretofore done or hereafter to be done to be paid for by the county, by the order of the commissioner of the public roads for the county of Chatham: Provided, that the requirements of this section as amended, shall not extend beyond the county of Chatham. SEC. 2. And be it enacted by the authority aforesaid, That all laws militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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AN ACT to incorporate a Cotton and Woollen Manufacturing Company in the county of Upson. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, there shall be established in the county of Upson, a cotton and woollen manufactory, and said manufacturing company shall be a corporation, and known by the name and style of the New Providence Factory. The capital stock of said company, shall be the sum of fifty thousand dollars, and said corporation shall continue and be in existence, for, and during the term of thirty six years. SEC. 2. And be it enacted by the authority aforesaid, That Joseph B. Smith, and James S. Wheaton, their successors and assigns, shall be, and they are hereby created and constituted that corporation, by the name and style of the New Providence Factory, and by that name they are, and hereafter shall be able and capable in law to have, purchase, receive, possess, enjoy and retain to them and their successors, goods, chattels, lands, tenements, and hereditaments of all kinds whatsoever, and to sell, grant, demise, alien, or dispose of the same, to sue and be sued, to plead and be impleaded, to answer and be answered, to defend and be defended, in courts of record or any other place whatever, and also, to have and use a common seal, and the same to break, alter or amend at their pleasure, and also to ordain, establish and put into execution, such by-laws, rules and regulations, as shall seem necessary, or be convenient for the government of said corporation: Provided, that such by-laws, rules and regulations, be not contrary to the constitution and laws of this state, or of the United States, and generally, to do and perform all, and singular such acts, matters and things, as to them shall or may appertain, for the purpose of carrying into effect the object of said corporation. SEC. 3. And be it enacted by the authority aforesaid, That for the well ordering the affairs of said corporation, the owners of the stock may, from time to time, elect five directors, each hundred dollars worth of said stock to be entitled to one vote; such election to take place at such time as the company, by its

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laws, may appoint, and said directors shall appoint from their number a president, and said directors and president shall hold their offices for one year, and until their successors are elected, and not less than three directors shall constitute a board; the said directors shall have power to employ such agents as they may deem necessary, to carry on the business of said company. SEC. 4. And be it enacted by the authority aforesaid, That the bills obligatory, and of credit, notes and other contracts whatever, on behalf of said corporation, shall not be binding and obligatory on said corporation, unless the same be signed by the president and countersigned or attested by the clerk of said company, and the funds of said corporation shall, in no case be held liable in law or in equity, for any contract or engagement whatever, unless the same shall be signed by the president and countersigned by the clerk as aforesaid, and the books, papers and correspondence, and all the funds of the company, shall, at all times, be subject to the inspection of the board of directors or to a majority of the stockholders, whenever they may demand it. The profits or dividends of said corporation, or so much thereof as the directors may deem expedient and proper, shall be declared and paid once in each year. The directors shall keep fair and regular entries in a book to be provided for that purpose of their proceedings, which books shall at all times be produced to the stockholders at a general meeting. SEC. 5. And be it enacted by the authority aforesaid, That the private property of the stockholders, shall be bound and held liable for all contracts made by said company, during the time that the individual was a stockholder in said company, but when an individual ceases to be a stockholder, his liability shall cease as to contracts made thereafter by said company. SEC. 6. And be it enacted by the authority aforesaid, That the officers of said corporation shall consist of a president, a clerk and such other officers as the said five directors, shall, from time to time ordain and appoint; and the owners of the capital of said company, shall have full power to sell out their stock in shares of a hundred dollars each, and all persons purchasing stock so sold, shall, after complying with the terms of the sale, have and enjoy all the rights and privileges of stockholders, according to the number of shares they may own. SEC. 7. And be it enacted by the authority aforesaid, That

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all laws and parts of laws, militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to incorporate Franklin factory in the county of Upson, and the Camak manufacturing company of Clark county. Be it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, Daniel Luther, Jackson Sprague, Willis Jonnigen and Dwight R. Perry, be, and they are hereby appointed commissioners of Franklin factory in the county of Upson. SEC. 2. And be it enacted by the authority aforesaid, That the commissioners aforesaid, or a majority of them, or their successors in office, shall have full power and authority to pass such by-laws or ordinances as they may deem necessary for the good order and government of said factory: Provided, the same be not repugnant to the constitution and laws of this state, and shall have full power and authority to appoint such other officers as they or a majority of them may deem necessary to carry the said by-laws into effect, and to remove the same from office for misconduct or neglect of duty. SEC. 3. And be it enacted by the authority aforesaid, That when any vacancy may happen by death, resignation or otherwise, of any of the commisioners or other officer appointed by virtue of this act, the board of commissioners, or a majority of them, shall fill such vacancy or vacancies in such manner as they may point out in their by-laws.

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SEC. 4. And be it enacted by the authority aforesaid, That James Camak, Thomas Mitchell, Elizur L. Newton, William Lumpkin, Daniel Grant, Thomas Grant, R. M. Orme, Hugh Craft, Asbury Hull and Edward R. Ware, be, and they are hereby constituted a body corporate, by the name and style of the Camak manufacturing company of Clark county, for the purpose of erecting a cotton and woollen factory on the middle fork of the Oconee river, in the county of Clark, and for the purpose of erecting and carrying on such other machineries as they may think most conducive to their interest. SEC. 5. And be it enacted by the authority aforesaid, That said corporate body shall be liable and capable in law, to sue and be sued, implead and be impleaded, to use a common seal, and the same to alter and change at pleasure, to buy and sell, to have and to hold property both real and personal, and to have all and singular the rights, titles and privileges of a body corporate and politic, with power to appoint such officers, and to pass, alter and repeal, at such times as they may think proper, such by-laws and regulations for the government and interest of such corporation, as they may think most conducive to the welfare of such corporation: Provided, such by-laws and regulations be not repugnant to the constitution and laws of this state or of the United States. SEC. 6. And be it enacted by the authority aforesaid, That each each and every member of said corporate body, may at any time sell and convey their interest in the property of said corporation, both real and personal, under such regulations and rules as may be adopted by said corporation, and upon the death of any of the members of the corporation, their interest in the corporate property shall pass to the legal heirs of said member, and that such legal heir or heirs, or purchaser, shall have all the power and privileges as are hereby conveyed to the above named individuals. SEC. 7. And be it enacted by the authority aforesaid, That the said commissioners or a majority of them respectively, shall have full power and authority to lay out and define the boundaries of said incorporations, in such way and manner as they may deem necessary and proper: Provided, the same shall not exceed ten acres of land, which shall include the factory edifice. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833.

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AN ACT to incorporate the owners and proprietors of the Eagle and Ph[oelig]nix Hotel, in Augusta. Whereas, the Eagle and Ph[oelig]nix Hotel, in the city of Augusta, consists of a great number of shares, owned by different persons, who are too numerous for the convenient transaction of business; and whereas, the proprietors of said hotel are desirous of being incorporated. Therefore, 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 John Phinizy, John Bones, Thomas Cumming, Robert A. Reid, Robert H. Musgrove, and others, being the owners and proprietors of a certain lot and hotel in the city of Augusta, and of the fixtures, furniture, and appurtenances thereto attached and belonging, and thes uccessors and assigns of the said proprietors, are hereby made, constituted, and declared, to be a body politic and corporate, by the name and style of The Eagle and Ph[oelig]nix Hotel Company, and by that name may sue and be sued, plead and be impleaded, answer and be answered unto; and to make and use a common seal, and the same at pleasure to change, alter, or abolish; and to make by-laws regulating the transfer of stock in said institution, according to such form, and under such restrictions as they may think proper by such by-laws to prescribe; and generally to make all other such by-laws as they may think necessary and proper, for the more convenient management of said property, and for the interests of said corporation. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833.

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AN ACT to alter and amend an act, entitled an act to amend and consolidate the several acts for the incorporation of the city of Macon, and the common thereof, and for extending the jurisdictional limits of East Macon, and for the purposes herein mentioned. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the city council of the city of Macon shall consist of a mayor, and seven members of council, to be elected as is provided for by the act to which this is amendatory; and that the said mayor and city council, and their successors hereafter to be appointed, shall have a common seal, and shall be capable in law to purchase, have, hold, receive, enjoy, possess, and retain to them and their successors, for the use of the city of Macon, in perpetuity, or for any term of years, any estate or estates, real or personal, messuages, tenements, or hereditaments, of what kind or nature soever, within the jurisdictional limits of said city, and by the same name, to sue and be sued, plead and be impleaded, answer and be answered unto in any court of law or equity in this state; and they shall also be vested with full power and authority, in addition to the power and authority already granted, from time to time, under their common seal, to make and establish such by-laws, rules, and ordinances, respecting streets, lanes, alleys, and open courts, the market, wharves, public houses, carriages, wagons, carts, drays, livery stables, pumps, buckets, fire engines, and for the regulation of disorderly people, negroes, and free persons of colour, and in general, every by-law or regulation, that shall appear requisite and necessary for the security, welfare, health, and convenience of said city, or for preserving the peace, order, and good government of the same; and they are also vested with all the powers and authorities within the jurisdiction of said city, which by law are vested in the commissioners of roads or streets. SEC. 2. And be it enacted by the authority aforesaid, That in case of tumult or riot, or appearance or probability of tumult or riot, in said city, the mayor shall immediately summon together the city council, the city marshal, and other city officers, to attend the city council, and such measures shall thereupon be taken, as shall appear most advisable, for preventing such tumult or riot; and if any city officer shall neglect or refuse to obey the order from the mayor for attendance, he shall forfeit and pay a

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sum not less than twenty dollars, for each and every such offence; and any other inhabitant refusing to obey the orders of the mayor, or the by-laws passed for the purposes of suppressing any riot or tumult, he shall forfeit a sum not less than ten dollars, for every such offence. SEC. 3. And be it enacted by the authority aforesaid, That the mayor, or any member of the city council acting as a Justice of the peace, as provided by the act to which this is amendatory, shall have full power and authority, and they are hereby required to keep the peace within the said city, issue warrants, and cause all offenders against law to be brought before them, and on examination either to release, admit to bail, if the offence be bailable, or commit to the custody of the sheriff of Bibb county, who is hereby commanded and required to receive the same, and the same to keep in safe custody until discharged by a due course of law. SEC. 4. And be it enacted by the authority aforesaid, That the said mayor and city council, or a majority of them, shall have full power and authority to remove, or cause to be removed, any building, post, steps, or any other obstructions and nuisances in the public streets, lanes and alleys, or public square, in said city: Provided, however, builders' materials may be permitted to remain in the streets, alleys, and public square, under such regulations as the mayor and city council, or a majority of them, may from time to time ordain and establish. Provided further, that nothing in this act shall authorize said corporation to alter or change the course or direction of any of the streets, roads, lanes, or avenues, as they now exist, and as they are now used, or to remove any house, or change or stop up any road, street, lane, or avenue, as are now in use, and leading into said town, either by putting up or removing houses, or enclosing vacant lots. SEC. 5. And be it enacted by the authority aforesaid, That the mayor and city council of Macon shall have full power and authority, with the occurrence and approbation of the board of commissioners, to be appointed by the Legislature, to compel the owners of low lots within the said city, to drain the same, if such draining be practicable, or to fill the same to the level of the streets, or alleys, on which such lot or lots are fronting; also, to compel the owner or owners of cellars, occasionally filled with water, to cause the same to be pumped out, or otherwise carried off within five days, or to fill up the same, if deemed requisite, by the commissioners appointed by this act, within two weeks

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from the notification being given in writing to such owner or owners; and in case of neglect or default, they shall be subject to such penalty as shall be prescribed by the city council, and in case the owner or owners of such lot or lots, or cellars, upon such notice being given, shall neglect or refuse to fill up such lot or lots, or cause the water in their cellars to be pumped out, or otherwise carried off, the same shall be done by the city council, and they are hereby authorized and empowered to issue a warrant and collect the expenses arising from the same, or the accrued value of such lots. SEC. 6. And be it enacted by the authority aforesaid, That the said mayor and city council, by and with the concurrence of the commissioners, to be appointed by the Legislature as aforesaid, shall have entire and exclusive control of all forges and smiths' shops, and cause the same to be abolished or removed, so far as relates to safety from fire. SEC. 7. And be it enacted by the authority aforesaid, That Jerry Cowles, Charles J. M'Donald, Frederick Sims, Levi Eckley, George Jewett, Simri Rose, and Ambrose Baber, be, and they are hereby appointed commissioners for the purpose of carrying into effect the provisions of the preceding section of this act, and in case of the death, resignation, or absence from the State, of any of the said commissioners, it shall and may be lawful for said board, or a majority of them, to fill up such vacancy or vacancies; and that the preceding section of this act shall be deemed and taken as a public act, and shall and may be given in evidence in any court of law or equity in this State without being specially pleaded, any thing to the contrary not-withstanding. SEC. 8. And be it enacted by the authority aforesaid, That no person or persons holding any freehold or leasehold estate, or by any other right or title whatever, in the occupancy of land, shall at any time hereafter lay out, extend, open or establish any street, lane, alley, or open court, contrary to the regulations hereby established, and every such owner or other person interested in the occupancy of any land, so violating the provisions of this act, shall incur a penalty of any sum not exceeding forty dollars, for each and every week the same shall be and remain open, which said penalty shall be recoverable for the use and benefit of the city of Macon, as is provided for the recovery of other fines, forfeitures and penalties in said city. SEC. 9. And be it enacted by the authority aforesaid, That the mayor and city council of the city of Macon, or a majority of

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them, are hereby authorized and empowered to pass all ordinances or by-laws for the safety and protection of the bridge across the Ocmulgee river at said city, and the ferry or ferries which now ply or hereafter may ply across said river, by virtue of an act of the legislature transferring said bridge, with the privilege of a ferry, to the corporation of Macon, and annex such fines and penalties for the enforcement of the same, as they may deem necessary and proper: Provided, no fine, forfeiture or penalty shall exceed the sum of twenty dollars for each and every offence: Provided however nevertheless, nothing herein contained shall extend or be construed to extend to abrogate or destroy the right of said corporation to prosecute such offenders herein offending, in any court of law having competent jurisdiction of the same. SEC. 10. And be it enacted by the authority aforesaid, That the mayor and city council of the city of Macon, or a majority of them, shall have power and authority to borrow money and contract loans, not to exceed two hundred thousand dollars, for the use of the city, both from bodies corporate or from individuals, either residing in or out of the state, and to pledge the funds or property of the corporation of the city of Macon and the common thereof, for the redemption of such loan or loans, and also shall have power to purchase any real or personal estate for the use and benefit of the corporation, and sell and dispose of all or any part of the property, domain, land or lots, or any personal property to the said corporation belonging or appertaining, by lease for years or fee simple, as to the said mayor and council, or a majority of them may seem right and proper. SEC. 11. And be it enacted by the authority aforesaid, That the said mayor and council shall have full power and authority to cause to be erected a new market house at such place as they or a majority of them may determine, and cause the present market house to be abolished, as they or a majority of them may deem necessary and proper, as soon as the new market house may or shall have been erected, and the market therein established. SEC. 12. And be it enacted by the authority aforesaid, That the said mayor and city council be, and they are hereby authorized to have control of all butcher pens or slaughter houses within the jurisdictional limits of the city of Macon, and cause the same to be removed to such place or places as they or a majority of them may designate, so far as relates to the health of said city.

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SEC. 13. And be it enacted by the authority aforesaid, That the said mayor and city council shall have full power and authority to control the mooring and anchoring of all boats and other craft plying on the Ocmulgee river to and from the city of Macon, and to assess and collect a toll of not exceeding ten dollars for each boat or other craft plying from said city for each and every departure of the same. SEC. 14. And be it enacted by the authority aforesaid, That all the corporate rights of the city of Macon and common thereof, as now existing by the act to which this is amendatory, and now of full force and effect, be, and the same are hereby confirmed. SEC. 15. And be it enacted by the authority aforesaid, That no power or powers hereby granted to the corporation of the city of Macon, shall be so interpreted as to permit the said corporation to pass any ordinance, rule or regulation, contrary to the laws of the state or the constitution thereof. SEC. 16. And be it enacted by the authority aforesaid, That nothing herein contained shall authorize the said corporation to remove any house as a nuisance until the same shall have been declared a nuisance in the superior court of said county. SEC. 17. And be it enacted by the authority aforesaid, That all laws or parts of laws repugnant to, or militating against this law, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JAMES WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833.

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INDIANS. AN ACT more effectually to provide for the government and protection of the Cherokee Indians, residing within the limits of Georgia, and to prescribe the bounds of their occupant claims; and also, to authorize grants to issue for lots drawn in the late land and gold lotteries in certain cases, and to provide for the appointment of an agent to carry certain parts thereof into execution; and to fix the salary of such agent, and to punish those persons who may deter Indians from enrolling for emigration. 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 in all cases where a white man is the head of an Indian family, such Indian family shall retain the rights of such property claimed under the rights of such Indian family, the white man obtaining no rights but that of the Indian use and occupation. SEC. 2. And be it enacted by the authority aforesaid, That every white man who may have an Indian family, and who may be desirous of retaining his privileges which he may possess as the head of an Indian family, may at any time before the first day of March next, notify the clerk of the superior court of the county in which he may reside, in writing, of his intention to retain his privileges as the head of such Indian family; which notification shall be recorded in a book to be kept for that purpose and no other, and upon the doing of which, he shall be entitled to all the privileges which are granted to such white men in the preceding section of this act. SEC. 3. And be it enacted by the authority aforesaid, That if any Indian or descendant of an Indian, or white man the head of an Indian family, claiming the privileges of an Indian, shall employ any white man or slave belonging to a white man, or person of colour other than the descendant of an Indian, as a

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tenant, cropper, or assistant in agriculture, or as a miller or millwright, they shall for such offence, upon the same being established, by the testimony of two respectable witnesses, forfeit all right and title that they may have to any reservation or occupancy within the limits of this state, and that upon the certificate of the agent to be hereafter appointed, grants may issue for the same as though such improvements had never been occupied by such Indian, descendant of an Indian, or white man having an Indian family. SEC. 4. And be it enacted by the authority aforesaid, That where any Indian or descendant of an Indian, or white man having the privileges of an Indian, shall have two or more wives, any of whom shall reside on farms separate and apart from the usual abode of such Indian, or descendant of an Indian, or white man having the privileges of an Indian, she or they, shall be held and considered the sole proprietor of such farm, together with the slaves, (if any,) usually employed in cultivating the same, and that if she or they shall enrol for emigration, shall have exelusive and absolute control thereof. SEC. 5. And be it enacted by the authority aforesaid, That if any Indian, or others enjoying the privileges of Indians, shall enrol for emigration and shall afterwards refuse to emigrate at the time stipulated: Provided, the agent of the United States shall be in readiness to remove them to Arkansas, and provided also that such neglect shall not be occasioned by act of providence or other unavoidable cause; he or they shall for such neglect or refusal, forfeit all right to any future occupancy within the limits of this state. SEC. 6. And be it enacted by the authority aforesaid, That no Indian, or others having the privileges of an Indian, shall under any pretence whatever, set up any claim or demand against any member of the same tribe, after such member shall have enrolled his or her name for emigration, so as to detain such emigrant from removing at the time stipulated, and where the claim shall be preferred against any property which may be in the possession of the individual emigrating, the agent as aforesaid, shall be competent to decide on the merits of the claim: Provided, That nothing herein contained, shall be so construed as to prevent the claimant from prosecuting his claim hereafter, and in the country to which such Indian, or person having the privileges of an Indian shall emigrate. SEC. 7. And be it enacted by the authority aforesaid, That no

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contract, either verbal or written, alleged to have been made between a white man and an Indian, shall be binding, except the same can be established by the testimonry of at least two respectable witnesses. SEC. 8. And be it enacted by the authority aforesaid, That no Indian, or the descendant of an Indian, or others having the privileges of an Indian, shall be allowed more than one hundred and sixty acres, which shall consist of the lot including his dwelling house, or if in a district where the lots contain but forty acres, he or they shall be allowed the lot including his or her house, and as many others, as he may have improvements on, not exceeding three, and in both cases they shall be allowed such improved land as may be within any other lot adjoining thereunto, which he or they may have actually enclosed, and improved previous to the 25th December, 1830, and all the residue of such lots as are not entirely allowed as above may be occupied by the drawer, or his or her legal representative. SEC. 9. And be it enacted by the authority aforesaid, That if any Indian or Indians, or any person claiming to be an Indian, or the descendant thereof, or any Indian countryman, their aiders, abettors, or assistants, who shall obstruct or resist by force or threats, the peaceable possession by the drawer thereof, or any person claiming under him, her, or them, of any tract or lot of land not herein allowed to such Indian, such offender shall be guilty of a high misdemeanor, for which he, she or they may be indicted, and on conviction shall be punished by imprisonment, at the discretion of the court. SEC. 10. And be it enacted by the authority aforesaid, That where any lot drawn in the late land and gold lottery, shall be partly within an improvement which has been valued and paid for by the United States, and partly within the improvement of an Indian occupant, it shall be the duty of the agent as aforesaid, upon the drawer of such lot, or his or her legal representative, producing to the said agent, a certificate, signed by his excellency the governor, showing that such lot was so drawn by him or her, immediately to place the drawer, or his or her representative, in possession of so much thereof, as may lie within the limits of such valued improvement, and forthwith to remove any intrusion thereon, which might be calculated to prevent the peaceable possession of the same. SEC. 11. And be it enacted by the authority aforesaid, That his excellency, the Governor, is hereby authorized, when satisfactory

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evidence is produced to him, to cause grants to issue for all lots which by this act may be specially designated, upon the application of the drawer, or his or her representative. SEC. 12. And be it enacted by the authority aforesaid, That his excellency, the Governor, is hereby authorized to cause grants to issue for all lots which have been drawn in the late land and gold lottery, where they may lie within, or touch upon the improvement of any Indians, or descendant of an Indian, or others having the privileges of an Indian, who, under any of the treaties concluded between the United States and the Cherokee tribe of Indians, have been allowed a reservation, in fee simple, whether the said reserve shall have been located in this State or elsewhere; and also for all such lots as may have been drawn as aforesaid, and which may lie within, or touch upon the improvement of any descendant of an Indian, who was allowed a reservation in fee simple as aforesaid: Provided, such descendant of an Indian shall not have been twenty-one years of age, at the time his or her parents perfected such reservation; also, for all lots which lie within, or touch upon the improvement of an Indian, or others having the privileges of an Indian, that in any treaty as aforesaid, shall have been allowed a reser vation for life, and who has removed therefrom, and settled within the limits of Georgia, and for all lots which may lie within, or touch upon any improvement occupied by any Indian, descendant of an Indian, or white man having the privileges of an Indian, who shall have heretofore enrolled for emigration, and shall have received in consequence of such enrolment, any money or other valuable consideration; and also for all lots drawn as aforesaid, and which may lie within, or touch upon the improvement of any Indian, or descendant of an Indian, or any white man having the privileges of an Indian, and who, in any of the land lotteries authorized by this State, shall have drawn therein any lot or lots; also, for all lots which may lie within, or touch upon the improvement of any Indian, descendant of an Indian, or white man having the privileges of an Indian, which has been sold, leased, or rented, contrary to the existing laws of this State. SEC. 13. And be it enacted by the authority aforesaid, That his excellency, the Governor, is hereby authorized to appoint some fit and proper person as agent, whose duty it shall be to see that the provisions of this act be duly and effectually carried into operation, and to examine and report to his excellency, the Governor, such lots having Indian improvements thereon, and subject to be granted by this act, who shall receive one thousand dollars per annum, as a full compensation for his services,

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and who shall take and subscribe the following oath, to wit.I, A. B., do solemnly swear, that I will perform the duties of Indian agent, in the Cherokee territory, according to the provisions of this act, regulating the Cherokee Indians in the possession of their persons and property, without favour or partiality, to the best of my abilities. So help me God. And he shall give bond and sufficient security in the sum of two thousand dollars, for the faithful performance of the duties required of him by this act; and shall be subject to prosecution before the superior court, in any county where he shall violate or neglect to perform the duties required of him as agent aforesaid; and on conviction thereof, he shall be removed from office, and be fined at the discretion of the court. SEC. 14. And be it enacted, by the authority aforesaid, That if any person shall, by threats, menaces, or otherwise, deter or prevent any Indian or Indians, from enrolling for emigration, he or they shall be held and deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in a sum not less than one hundred dollars, nor more than five hundred dollars, or undergo an imprisonment in the penitentiary at the discretion of the court. SEC. 15. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act, and the act appointing special agencies for the counties, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833.

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AN ACT to provide for the payment of the agents of the Cherokee Indians. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the agents appointed in the several counties of the Cherokee circuit under an act passed 24th December 1832, be entitled to have and receive four dollars per day for every day's actual service performed by them in discharge of the duties of their agencies, and which shall be in full compentation for all incidental expenses incurred in the discharge of their respective duties aforesaid. SEC. 2. And be it enacted by the authority aforesaid, That his excellency the Governor be authorized to draw his warrant in favour of each agent, on the treasury, payable out of any funds not otherwise appropriated, for the amount due such agent: Provided, such agent shall file an account of the number of days' service actually performed by him in the discharge of the duties of his appointment, under oath, in the executive department, previous to the issuing of such warrant: And provided also, that such agents shall produce evidence to the Governor of the performance of said duty, in addition to their own oath, which said additional testimony shall be the oath of some competent witness, the certificate of the clerk of the superior court of the county where they may reside, or the joint certificate of the senator and representative of such county, that from their knowledge of such agent they believe said account to be just and true. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 6th Dec. 1833.

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JURORS. AN ACT to compensate Petit Jurors in the county of Lumpkin. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the fee heretofore taxed in the bill of cost as a jury fee, in cases commenced in the superior and inferior courts of said county, shall hereafter be taxed in the bills of cost and collected by the sheriff, and paid over to the county treasurer, or if no county treasurer, to the clerk of the inferior court, and the same shall become a part of the fund for the compensation of petit jurors. Sec. 2. And be it enacted by the authority aforesaid, That it shall be the duty of the clerks of the superior and inferior courts in said county, immediately after their respective courts, on the petit jurors being discharged by the court, to draw on the county treasurer, and where no county treasurer, on the clerk of the inferior court, in favour of petit jurors, that may regularly attend said courts, the sum of one dollar per day, for his services as a juror of the superior or inferior courts, and if any petit juror shall absent himself, after having been legally empannelled, without leave of the court, such juror shall not be entitled to receive compensation for his services as a juror, and talismen who may be summoned to attend said court, in room of absent petit jurors, shall be entitled to, and receive the same pay for the time such talisman may serve, as if he had been regularly empannelled, and sworn to attend court. SEC. 3. And be it enacted by the authority aforesaid, That it shall be the duty of the superior courts, after two full petit juries are empannelled at the opening of the court, to discharge all the rest, and in all cases not more jurors shall be compelled to attend court, than is absolutely necessary to perform the business of the court.

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SEC. 4. And be it enacted by the authority aforesaid, That all laws or parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833. LANDS. AN ACT to prescribe the mode of selling land at Sheriff's sale in the counties of Lumpkin, Paulding, Cobb, Gilmer, Union, Cass, Murray, Cherokee, Floyd, Forsyth and other counties that may hereafter be made of a part or parts of said counties, and to make valid certain sales of land in said counties. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the sheriffs, deputy sheriffs, constables and other levying officers, in and for the counties aforesaid, shall not be required, nor shall it be their duty, to levy on any lot or lots, parcel or parcels of land in said counties, until the grant from the state for the same, or a certificate from the executive office that the same has been duly granted, shall be exhibited to him or them. SEC. 2. And be it enacted by the authority aforesaid, That no lot or lots, parcel or parcels of land situate or being in said counties, which have beeen heretofore levied on, shall by

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the officers aforesaid be sold or exposed to sale, until the grant for the same, or an executive certificate that the same has been granted, shall be exhibited to the officers whose duty it shall be to sell, or expose to sale the said lot or lots, parcel or parcels of land. SEC. 3. And be it enacted by the authority aforesaid, That any sheriff, deputy sheriff, or other ministerial officer, who shall hereafter sell any lot or lots, parcel or parcels of land situated in said counties, until the evidences aforesaid, that the same has been granted, shall be exhibited to him, shall be compelled by rule (of or from the superior court of this county) to refund to the purchaser at said sale, the money that he may have paid by reason of, or in consequence of said sale. SEC. 4. And be it enacted by the authority aforesaid, That from and after the passage of this act, sales or mortgages of land, situated in said counties, that may be hereafter made, either by sheriffs, or other person or persons, before the grant for the same shall have issued, shall be void and of no effect, either in law or equity. SEC. 5. And be it enacted by the authority aforesaid, That his excellency the Governor, cause to be transmitted to the sheriffs of the aforesaid counties a copy of this act so soon as the same shall receive his sanction. SEC. 6. And be it enacted by the authority aforesaid, That all laws or parts of laws militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to Dec. 23d, 1833.

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AN ACT to place purchasers of the State's interest in lots of land, condemned and sold as fraudulent, on the same footing with purchasers of fractions, in certain cases. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, in cases where purchasers of the State's interest in lots of land which have heretofore been, or may hereafter be condemned and sold as fraudulent, may have failed, or may hereafter fail to pay the instalment or instalments within sixty days after the same may have become, or may hereafter become due, as required by law, it shall be lawful for, and it is hereby made the duty of the treasurer to receive such instalment or instalments with interest thereon, under the same laws, rules, and regulations as to limitation of time and rates of interest, as are observed by the Central Bank in collecting instalments on [Illegible Text] in similar circumstances, and upon the payment of all the instalments according to the above provisions, the purchaser or purchasers shall be placed upon the same footing as if the payments had been made punctually as they severally fell due, and shall be entitled to receive the grant or grants upon the payment of the usual fees. SEC. 2. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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AN ACT authorizing and requiring his excellency the Governor, to cause grants to issue for the State's interest in lots 392, in the ninth district, originally Henry, now Newton county, and 152, in the first district, originally Walton, now Newton county, upon certain conditions. Whereas, Lemuel Wynne, former sheriff of the county of Newton, by virtue of an act of the Legislature of this State, passed in December 1825, advertised and exposed to public sale the State's interest in lot No. 392, in the ninth district of originally Henry, now Newton county, the same being the north half thereof, which said lot had been condemned as [Illegible Text] drawn, at which said sale, the same was bid off by Joseph Buchanan, at the price or sum of one hundred and forty dollars, the one-fourth part of which sum was paid by the purchaser at the time of purchase, the balance thereof to be paid in three equal annual instalments, a certificate containing the aforesaid facts was executed by the said sheriff, to the said Buchanan, on the 19th day of July, 1826. And whereas, also, on the 2d day of January, 1828, the said Wynne, sheriff, as aforesaid, by virtue of the act of the Legislature aforesaid, advertised and sold at public sale, the State's interest in lot No. 152, in the first district, originally Walton, now Newton county, the said lot having been [Illegible Text] drawn, at which said sale the said Joseph [Illegible Text] became the purchaser, at the sum of two hundred and seventy-one dollars, the one-fourth part of said last mentioned purchase money, was paid at the time of purchase, and the balance to be paid in three equal annual instalments, a certificate of said facts in pursuance of said law, was executed by the sheriff aforesaid, on the day and year last aforesaid. And whereas, the said sheriff failed to make a report in pursuance of the sixth section of the act of the Legislature, as aforesaid: for remedy whereof, Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, it shall be the duty of his excellency the Governor, to cause grants to issue to the holder or holder of the aforementioned certificates, for the State's interest in the said lots mentioned in the aforesaid certificates, upon condition that the holder or holders thereof shall pay into the Central Bank of this State, the principal debt due upon the purchases aforesaid.

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SEC. 2. And be it enacted by the authority aforesaid, That the holder or holders of said certificates, shall pay into the treasury of this State the sum of four dollars, for the issuing of each of the aforesaid grants, at the time of the issuing thereof. SEC. 3. And be it enacted by the authority aforesaid, That all laws or parts of laws, militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833. LICENSE. AN ACT giving power to the Judges of the Inferior Court of Liberty and Camden counties, to grant or refuse license to retail spirituous liquors. Be it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the Judges of the inferior court of Liberty and Camden counties, shall have the power to grant or refuse license to retail spirituous liquors, as in their judgment may seem proper.

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SEC. 2. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be, and they are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st December, 1833. LOTTERIES. AN ACT to dispose of and distribute by lotteries, all the fractional parts of surveys in the counties of Union, Lumpkin, Forsyth, Cobb, Paulding, Cherokee, Floyd, Cass, Gilmer, and Murray. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That his excellency, the Governor, is authorized and required to appoint three fit and proper persons, as commissioners, who, after having given bond, and taken the oath as prescribed by an act of the General Assembly, passed December, 1832, for the governing of the late land and gold lottery, [shall] proceed to make out tickets of all the fractions in the counties aforesaid, as nearly equal in size as possible, and deposite them in the wheels which contained the prizes of the late land and gold lotteries, placing the fractions in the districts surveyed into forty-acre lots, into the gold lottery wheel, and the fractions in the districts surveyed into one hundred and sixty-acre lots, into the land lottery wheel. SEC. 2. And be it enacted by the authority aforesaid, That so soon as the whole number of tickets, or prizes, shall be made out and placed in the respective wheels, it shall be the duty of

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the said commissioners to unseal and open the wheels containing the residue of the names or tickets that were received, made out, and deposited in the said wheels, in preparing for the late land and gold lotteries, and proceed to drawing and conducting in the same manner as was prescribed for the drawing and conducting the late land and gold lotteries, and published in the same order. SEC. 3. And be it enacted by the authority aforesaid, That the persons to whose names fractional lots may be drawn, in the aforesaid contemplated lotteries, shall be entitled to grants for them, upon the same terms that the fortunate drawners in the late land and gold lotteries are entitled to grants for the lots by them respectively drawn. SEC. 4. And be it enacted by the authority aforesaid, That should a vacancy occur of any of the said commissioners appointed as aforesaid, by death, resignation, or otherwise, his excellency, the Governor, appoint some fit and proper person to fill such vacancy, who, after having given bond and security, and taken an oath as required by this act, shall, in conjunction with the other commissioners, proceed to the completion of said lottery. SEC. 5. And be it enacted by the authority aforesaid, That it shall be the duty of the surveyor general to furnish the said commissioners with a list of all the fractions, hereby authorized to be drawn, designated by their appropriate numbers and quantity of acres contained in each: Provided, that nothing herein contained shall be so construed, as to disturb the Indian possessions, secured to Indians under existing laws of this State. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor Assented to, 29th Nov. 1833.

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AN ACT to prevent the drawing of Lotteries, or the sale of Lottery Tickets in this State. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the first day of May next, all and every lottery and lotteries, and device and devices in the nature of lotteries, shall be utterly and entirely abolished, and are hereby declared to be thenceforth unauthorized and unlawful. SEC. 2. And be it enacted by the authority aforesaid, That from and after the day aforesaid, any person or persons, who shall sell or expose to sale, or cause to be sold or exposed to sale, or shall keep on hand for the purpose of sale, or shall advertise, or cause to be advertised for sale, or shall aid, or assist, or be in any wise concerned in the sale or exposure to sale of any lottery ticket or tickets, or any share or part of any lottery ticket in any lottery or device in the nature of a lottery, within this state or elsewhere, and any person or persons who shall advertise or cause to be advertised, the drawing of any scheme in any lottery, or be in any way concerned in the managing, conducting, carrying on, or drawing of any lottery, or device in the nature of a lottery, or be an agent in procuring or supplying lottery tickets, and shall be convicted thereof, in any court of competent jurisdiction, shall for each and every such offence, forfeit and pay a sum not less than five hundred dollars, and not exceeding one thousand dollars, at the discretion of the court, one half to be paid to the prosecutor, and the other to be paid over to the county treasurer, for the use of the county where the offence may have been committed. SEC. 3. And be it enacted by the authority aforesaid, That in all cases where the party shall be convicted as aforesaid, and shall fail or refuse to comply with the provisions in the second section of this act, he, she or they, shall be sentenced to undergo an imprisonment in the common goal of the county, not exceeding six months, at the discretion of the court. SEC. 4. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be, and the

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same are hereby repealed: Provided, that this act shall not apply to any lottery heretofore authorized by the General Assembly. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. MECHANIC SOCIETY. AN ACT to incorporate the Mechanic Society of Macon. Whereas a number of persons in the city of Macon have associated themselves together under the name and style of the Mechanic Society of Macon; and whereas the said persons so associated under the name and style aforesaid, have prayed the legislature to grant them an act of incorporation. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the officers and members of said society, and others who may hereafter become members of said society, shall be, and they are hereby declared to be, a body corporate in name and in deed, by the name and style of the Mechanic Society of Macon, and by that name and style shall have perpetual succession of officers and members, and shall have full power to make, alter and amend, and change such by-laws as may be agreed on by the members of said incorporation: Provided, That such by-laws be not repugnant to the constitution and laws of this state.

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SEC. 2. And be it enacted by the authority aforesaid, That they shall have full power and authority under the style and name before recited, to sue for and recover all such sum or sums of money as now are, or hereafter may become due to said society, in any court of law having competent jurisdiction thereof, and the rights and privileges of said society in any court or at any tribunal whatever to defend; and also to receive, take and apply any and all bequests and donations which may be made to and for the uses and purposes intended by the said institution, and shall be and are hereby declared to be vested with all the powers and advantages, privileges and emoluments, for the purposes and intentions of said association. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833. MEDICAL INSTITUTE. AN ACT to provide a fund for the outfit of the Medical Institute of the state of Georgia, and to alter the name of the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the sum of ten thousand dollars be, and the same is hereby appropriated to and for the benefit and use of the Medical Institute of the state of Georgia, for the purpose of enabling the board of trustees of said institute to procure a suitable piece or lot of land, erect thereon such buildings and make such other improvements as may be necessary for the various purposes of a medical college, and to procure a situable

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library, apparatus and museum for said institution, and such other things as may be necessary to the proper and successful operation of the same. SEC. 2. And be it enacted by the authority aforesaid, That the said appropriated sum shall and may be drawn from the Central Bank, in semi-annual payments, the first payment to be drawn on the first day of February, 1834, by the treasurer of said medical institution, by producing to the proper officers of said bank, the resolution of the board of trustees to that effect. SEC. 3. And be it enacted by the authority aforesaid, That fifty lots on the town common of the city of Augusta, be, and the same are also hereby appropriated to the said medical institution, which said lots are to be designated by the city council of the city of Augusta and the trustees of the Richmond Academy, and sold by them, and the proceeds of said sale be paid over to the treasurer of said institution, under a resolution of the said board of trustees for the purposes aforesaid: Provided, that the majority of the city council and trustees of said academy shall approve of the same. SEC. 4. And be it enacted by the authority aforesaid, That said city council and trustees of said academy, if they approve of the third section of this act, shall, whenever required of said board of trustees, lay off and designate said lots, but shall not proceed to sell said lots until requested so to do, by [Illegible Text] of said board of trustees. SEC. 5. And be it enacted by the authority aforesaid, That from and after the passage of this act, the Medical Institute of the state of Georgia, shall be known and designated by the name style of the Medical College of Georgia. SEC. 6. And be it enacted by the authority aforesaid, That all laws or parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833.

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MILITARY. AN ACT to alter the seventh section of an act, to revise and consolidate the Militia Laws of this State, and to repeal the Cavalry Laws now in force, passed December 19th, 1818, and to amend the fifteenth, twenty-second and twenty-fourth sections of an act, passed the 23d day of December, 1831, amendatory of the above recited act. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the seventh section of the above recited act, shall be altered as follows, to wit: That where it shall happen in any Company District, that the privates neglect or refuse to elect any officer or officers to the command, it shall be the duty of the Colonel or Commandant of the Regiment to which they belong, or in counties containing but one Battalion, of the Major [Illegible Text] to nominate a fit and proper person or persons, as the case may require, to take command of said Company District for the term of twelve months: Provided, an election cannot be had sooner, and the person or persons elected are commissioned by the commander-in-chief, or brevetted agreeably to law: And be it further provided, that all such as have heretofore been nominated to said command, be, and they are hereby exonerated from the same, and that no person shall be compelled to serve again, who has served or may serve twelve months, under two years from the term of his appointment being vacated. SEC. 2. And be it enacted by the authority aforesaid, That the fifteenth section of the before recited act shall be amended as follows, to wit: That it shall be the duty of the commanding officers of companies of every description, to muster their respective companies four times in each year, as near the centre of their company district, as a majority in said company, liable to bear arms, may determine. SEC. 3. And be it enacted by the authority aforesaid, That the twenty-second section of the before recited act, shall be amended

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as follows, to wit: That there shall be company courts of inquiry of every description, ordered by the commanding officer of companies, within twenty days after each muster or on the next muster day, to be composed of at least three of the commissioned or brevetted officers of said company, under the same rules and regulations as pointed out for Volunteer companies in said section, and the commanding officer of said companies of every description, shall be allowed to stay the issuing of execution against any delinquent, upon his making affidavit stating the facts before any officer authorized to administer the same, within ten days after the sitting of said company courts, and the commanding officer of said company shall lay the same before the next company court of inquiry, who may upon the merits of said affidavit, remit or confirm the same, and order it collected. SEC. 4. And be it enacted by the authority aforesaid, That the twenty-fourth section of the before recited act, be amended as follows, to wit: That when any vacancy shall happen, by death, resignation or otherwise, of any Provost Marshal or Clerk, it shall and may be lawful for the Regimental Court of Inquiry and Battalion Courts of Inquiry in counties containing but one Battalion, to elect a Clerk or Provost Marshal, as the case may be, to fill said vacancy, under the same requisitions as pointed out in the said recited section, and in case of either failing to attend any court required of them, when ordered, he shall be fined at the discretion of the Court of Inquiry, so ordered to attend, in a sum not exceeding ten dollars, to be appropriated as other fines under the Militia Laws of this state. SEC. 2. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1233.

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AN ACT to incorporate a volunteer company under the name and style of the Talbotton Southern Spies. Whereas a volunteer military association has been formed in Talbotton, in the county of Talbot, under the name and style aforesaid; and whereas the persons so associated under said name are desirous of being incorporated Be it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the several persons and members of said association, and others who shall hereafter become members thereof respectively, and the sucessors of officers and members thereof, shall be and they are hereby declared to be, a body corporate by the name and style of the Talbotton Southern Spies, and by said name shall have perpetual succession of officers and members, with power to make, alter, change and amend such by-laws and regulations as may be agreed on and adopted by the officers and members of said company for the government of said association: Provided, such by-laws and regulations be not contrary to the constitution and laws of this state and of the United States. SEC. 2. And be it enacted by the authority aforesaid, That the members of said volunteer company shall be exempt from all battalion and regimental musters, except such as are ordered by and under the immediate authority of the commander-in-chief: Provided, That nothing contained in this act shall be so construed as to exempt said association from the liability of other militia of this state, on any emergency which authorizes calling out the militia for the suppression of insurrection, or for repelling invasion: And provided further, That nothing herein contained shall prevent the repeal of this act, by a subsequent legislature. SEC. 3. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, Dec. 21st, 1833.

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AN ACt to create the eleventh and twelfth Divisions of Georgia Militia, and to add a new brigade to the seventh Division, and a new brigade to the ninth Division, Georgia Militia. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the counties of Paulding, Cobb, and De Kalb, shall form the first brigade, and the counties of Newton and Walton shall form and constitute the second brigade of the eleventh division, Georgia Militia. SEC. 2. And be it enacted by the authority aforesaid, That the counties of Cass, Cherokee, and Gilmer, shall constitute the first brigade, and the counties of Floyd, Murray, shall form the second brigade of the twelfth division of Georgia Militia. SEC. 3. And be it enacted by the authority aforesaid, That the counties of Lumpkin, Union, and Forsyth, shall constitute the second brigade of the seventh division, Georgia Militia, and the counties of Coweta, Campbell, and Carroll, shall constitute the second brigade of the ninth division, Georgia Militia. SEC. 4. And be it enacted by the authority aforesaid, That all laws, or parts of laws, militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 12th Dec. 1833.

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AN ACT to repeal an act, authorizing the Justices of the inferior court of Lowndes county, to lay off said county into militia districts, c. passed 20th Dec. 1826. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all the before recited act, be, and the same is hereby repealed; and that the law now in force for the organization of counties in this State, be revived in lieu thereof. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833. AN ACT to authorize the Justices of the inferior court of Fayette county to convey to the commander of the 53d regiment Georgia Militia, a lot of land within the limits of the corporation of the town of Fayetteville for a parade ground of said regiment, and for other purposes. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the Justices of the inferior court of Fayette county or a majority of them be, and they are hereby authorized and empowered to convey to the commander of the 53d regiment, Georgia Militia, Fayette, and his successors in office, one lot of land within the corporate limits of the town of Fayetteville, for the purpose of a parade ground for said regiment. SEC. 2. And be it enacted by the authority aforesaid, That an

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order passed at the September term, 1825, of the inferior court of said county relative to the closing up of the twenty feet alley, in the town of Fayetteville be, and the same is hereby confirmed and made legal, any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to exempt the volunteer company of infantry, known by the name of the Washington Guards, in the county of Washington, from liability to appear at any musters, reviews, and inspections, other than such as are ordered by the commander in chief, and the parades and drills of said company; as also to exempt the members thereof from further military duty in time of peace after a certain time of service in said company. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the members of the volunteer company of infantry, in the county of Washington, known as the Washington Guards, shall be, and they are hereby exempted from the duty of appearing at any musters, except their own company parades and drills; and such muster, review, and inspection as shall be ordered by the commander in chief of this State. SEC. 2. And be it enacted by the authority aforesaid, That every person over twenty-one years of age, who shall serve as a member of said company for and during the term of five years, successively, regularly, and faithfully, shall be exempted thereafter from further militia duty, in time of peace, except in cases of riot, or insurrection; the names of such person to remain

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on the muster roll of said company, and the evidence necessary for such exemption, shall be a certificate of such term of service, signed by the commanding officer, and countersigned by the first sergeant of said company. SEC. 3. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833. AN ACT to authorize the establishment of a volunteer company of cavalry in the county of Lincoln. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the volunteer company of cavalry in Lincoln county, commanded by William Lawrence, are hereby incorporated under the name and title of the Lincoln Volunteer Cavalry, and the members thereof are hereby authorized and empowered to form such rules and regulations, and pass such bylaws for their own government as they may think proper, which rules, regulations and by-laws, when formed and passed, shall be binding on such company to all intents and purposes, and in the same manner as if they were particularly mentioned within this act: Provided, that such rules, regulations and by-laws shall not be inconsistent with the laws of this state, or of the United States. SEC. 2. And be it enacted by the authority aforesaid, That

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all laws or parts of laws, militating against this act, be and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to incorporate a volunteer company in the county of Fayette, to be known by the name of the Fayetteville Blues. 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, the volunteer company in Fayetteville, Fayette county, commanded at this time by Captain Young Mann, are hereby incorporated under the name and style of the Fayette Blues, and the members thereof are hereby authorized and empowered to form such rules and regulations, and pass such by-laws for their government as they may think proper, which rules, regulations and by-laws, when formed and passed, shall be binding on such company to all intents and purposes, and in the same manner as if they were particularly mentioned in this act: Provided, such rules, regulations and by-laws, shall not be repugnant to the laws of the state or of the United States. SEC. 2. And be it enacted by the authority aforesaid, That all acts and parts of acts militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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AN ACT to incorporate a volunteer company of Infantry, at Clarkesville, known as the Habersham Mountaineers. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the company of infantry in Clarkesville, Habersham county, commanded by Captain Benjamin F. Patten, is, and are hereby incorporated under the title of the Habersham Mountaineers, and that the members thereof are hereby authorized and empowered to form such rules and regulations, and pass such by-laws for their own government and regulations as they may think proper; which by-laws and regulations, when formed and passed, shall be binding on such company to all intents and purposes: Provided, that such by-laws and regulations be not repugnant to the laws of this State, or the United States. SEC. 2. And be it enacted by the authority aforesaid, That a board of the officers of said company, of three or more, two of which must be commissioned officers, shall be competent to form a court of inquiry, and try and fine defaulters for non-attendance, or other defaults or misconduct, as members of said company, which court shall be governed by the laws and rules regulating company courts of inquiry in this state. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833.

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AN ACT to authorize all field officers and commanding officers of companies, in the county of Harris, to sit on regimental and battalion courts of Inquiry, in said county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall be lawful for all field officers and commanding officers of companies, in the county of Harris, to sit on all regimental and battalion courts of inquiry, which may be held in said county, any law or usage to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. PATROL. AN ACT amendatory of an act, passed the 27th day of December, 1831, which vests the appointment of the Patrols in the Justices of the Peace, so as to allow them compensation for certain services, and for other purposes, so far as relates to the counties of Liberty, Glynn and others, with the exception of the county of Liberty. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That for the

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services required by said act of 1831, to be performed by the Justices of the Peace; the Justices of the Peace of the county of Liberty, shall receive the fees following, to wit: for issuing Patrol commissions in each district, the sum of thirty-one and a quarter cents annually; for the trial of any defaulter, the sum of thirty-one and a quarter cents; for issuing every execution, the sum of thirty-one and a quarter cents, to be paid out of the funds of the county of Liberty. SEC. 2. And be it enacted by the authority aforesaid, That the Captain of Patrol, shall, in every instance, return in writing and under oath, to the magistrate issuing the Patrol commission, every individual who has failed to perform the Patrol duty required of him: Provided, that he shall in no case be bound to return as a defaulter, any person who has rendered a good and sufficient excuse, or furnished a good and competent substitute. SEC. 3. And be it enacted by the authority aforesaid, That all laws and parts of laws, militating against this law, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833.

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PENAL CODE. AN ACT to reform, amend, and consolidate the penal laws 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 the existing code of the penal laws of this state, shall continue and remain in full force until the first day of June next; at which time, the following Code of Penal Laws shall be in full force and operation in this State. FIRST DIVISION. Persons capable of committing Crimes. SEC. 1. A crime or misdemeanor shall consist in a violation of a public law, in the commission of which there shall be an union or joint operation of act and intention; or criminal negligence. SEC. 2. Intention will be manifested by the circumstances connected with the perpetration of the offence, and the sound mind and discretion of the person accused. SEC. 3. A person shall be considered of sound mind, who is neither an idiot, a lunatic, or afflicted by insanity; or who hath arrived at the age of fourteen years, or before that age, if such person know the distinction between good and evil. SEC. 4. An infant under the age of ten years, whose tender age renders it improbable that he or she should be impressed with a proper sense of moral obligation, or be possessed of sufficient capacity deliberately to have committed the offence, shall not be considered or found guilty of any crime or misdemeanor.

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SEC. 5. A lunatic or person insane, without lucid intervals, shall not be found guilty of any crime or misdemeanor with which he or she may be charged: Provided, the act so charged as criminal, was committed in the condition of such lunacy or insanity; but if a lunatic hath lucid intervals of understanding, he shall answer for what he does in those intervals, as if he had no deficiency. SEC. 6. An idiot shall not be found guilty or punished for any crime or misdemeanor with which he or she may be charged. SEC. 7. Any person counseling, advising, or encouraging an infant under the age of ten years, a lunatic or an idiot, to commit an offence, shall be prosecuted for such offence when committed, as principal; and if found guilty, shall suffer the same punishment as would have been inflicted on said infant, lunatic, or idiot, if he or she had possessed discretion and been found guilty. SEC. 8. A feme covert, or married woman, acting under the threats, command, or coercion of her husband, shall not be found guilty of any crime or misdemeanor, not punishable by death or perpetual imprisonment; and with this exception, the bushand shall be prosecuted as principal, and if convicted, shall receive the punishment which otherwise would have been inflicted on the wife, if she had been found guilty: Provided, it appears from all the facts and circumstances of the case, that violent threats, command and coercion were used. SEC. 9. Drunkenness shall not be an excuse for any crime or misdemeanor, unless such drunkenness was occasioned by the fraud, artifice, or contrivance of other person or persons, for the purpose of having a crime perpetrated, and then the person or persons so causing said drunkenness for such malignant purpose, shall be considered a principal, and suffer the same punishment as would have been inflicted on the person or persons committing the offence, if he, she, or they, had been possessed of sound reason and discretion. SEC. 10. A person shall not be found guilty of any crime or misdemeanor, committed by misfortune or accident, and where it satisfactorily appears there was no evil design or intention, or culpable neglect. SEC. 11. A slave committing a crime or misdemeanor, which, if committed by a free white person would not be punishable by

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this act with death, by the threats, command, or coercion of his or her owner, or any person exercising or assuming authority over such slave, shall not be found guilty; and it appearing from all the facts and circumstances of the case, that the offence was committed by the threats, command, and coercion of the owner, or the person exercising or assuming authority, over such slave, the said owner or other person exercising or assuming authority over such slave, shall be prosecuted for the said crime or misdemeanor; and if found guilty, shall suffer the same punishment as he or she would have incurred, if he or she had actually committed the offence with which the slave is charged. SEC. 12. A person committing a crime or misdemeanor under threats or menaces, which sufficiently show that his or her life or member was in danger, or that he or she had reasonable cause to believe, and did actually believe, that his or her life or member was in danger, shall not be found guilty; and such threats and menaces being proved and established, the person or persons compelling by said threats and menaces the commission of the offence, shall be considered a principal or principals, and suffer the same punishment, as if he, she, or they had perpetrated the offence. SEC. 13. The term felony when used in this act, shall be construed to mean an offence, for which the offender, on conviction, shall be liable by law to be punished by death or imprisonment in the penitentiary, and not otherwise. SECOND DIVISION Principals and Accessories in Crimes. SEC. 1. A person may be principal in an offence, in two degreesA principal in the first degree, is he or she that is the actor, or absolute perpetrator of the crimeA principal in the second degree, is he or she who is present, aiding and abetting the fact to be done; which presence need not always be an actual immediate standing by, within sight or hearing of the fact; but there may be also a constructive presence, as when one commits

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a robbery, murder, or other crime, and another keeps watch or guard at some convenient distance. SEC. 2. An accessory is one, who is not the chief actor in the offence, nor present at its performance, but is someway concerned therein, either before or after the fact committed. SEC. 3. An accessory before the fact, is one who being absent at the time of the crime committed, doth yet procure, counsel or command another to commit a crime. SEC. 4. An accessory after the fact, is a person who after full knowledge that a crime has been committed, conceals it from the magistrate, and harbors, assists or protects the person charged with or convicted of the crime. SEC. 5. A principal in the second degree, and an accessory before the fact, except where it is otherwise provided for in this code, shall receive the same punishment as is directed to be inflicted on the principal in the first degree, or perpetrator of the crime. SEC. 6. Accessories after the fact, except where it is otherwise ordered in this code, shall be punished by fine, or imprisonment in the common jail of the county, or both, at the discretion of the court. THIRD DIVISION. Crimes against the State and People. SEC. 1. Crimes against the state and the people shall consist in treason in the first degree, and second degree; exciting, or attempting to excite an insurrection or revolt of slaves. SEC. 2. Treason in the first degree, shall consist in levying war against the state in the same, or being adherent to the enemies of the state within the same, giving to them aid and comfort

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in this state or elsewhere, and thereof being legally convicted of open deed, by two or more witnesses, or other competent and credible testimony, or voluntary confession: these cases shall be adjudged treason against the state and people; and when the overt act of treason shall be committed without the limits of this state, the person charged therewith may be arrested and tried in any county of this state, within the limits of which he may be found, and being thereof convicted, shall be punished in like manner as if the said treason had been committed and done within the limits of said countyTreason in the first degree shall be punished with death. SEC. 3. Treason in the second degree, shall consist in the knowledge and concealment of treason, without otherwise assenting to, or participating in the same. The punishment of treason in the second degree, shall be confinement and hard labor in the penitentiary for the term of four years. SEC. 4. Exciting an insurrection or revolt of slaves, or any attempt by writing, speaking, or otherwise, to excite an insurrection or revolt of slaves, shall be punished with death. SEC. 5. If any person shall bring, introduce or circulate, or cause to be brought, introduced, or circulated, or aid, or assist, or be in any manner instrumental in bringing, introducing or circulating within this State, any printed or written paper, pamphlet, or circular, for the purpose of exciting insurrection, revolt, conspiracy or resistance, on the part of the slaves, negroes, or free persons of colour in this State, against the citizens of this State or any part of them; such person so offending shall be guilty of a high misdemeanor, and on conviction shall be punished with death. FOURTH DIVISION. Crimes and offences against the persons of citizens or individuals. SEC. 1. Homicide is the killing of a human being of any age or sex, and is of three kinds; murder, manslaughter, and justifiable homicide.

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SEC. 2. Murder is the unlawful killing of a human being in the peace of the State, by a person of sound memory and discretion, with malice aforethought, either express or implied. SEC. 3. Express malice is that deliberate intention, unlawfully to take away the life of a fellow-creature, which is manifested by external circumstances capable of proof. SEC. 4. Malice shall be implied, where no considerable provocation appears, and where all the circumstances of the killing show an abandoned and malignant heart. SEC. 5. The punishment of murder shall be death. SEC. 6. Manslaughter is the unlawful killing of a human creature, without malice, either express or implied, and without any mixture of deliberation whatever; which may be voluntary, upon a sudden heat of passion, or involuntary, in the commission of an unlawful act, or a lawful act without due caution and circumspection. SEC. 7. In all cases of voluntary manslaughter, there must be some actual assault upon the person killing, or an attempt by the person killed to commit a serious personal injury on the person killing. Provocation by words, threats, menaces, or contemptuous jestures shall in no case be sufficient to free the person killing from the guilt and crime of murder. The killing must be the result of that sudden, violent impulse of passion, supposed to be irresistible: for if there should appear to have been an interval between the assault or provocation given, and the homicide, sufficient for the voice of season and humanity to be heard, the killing shall be attributed to deliberate revenge, and be punished as murder. SEC. 8. Voluntary manslaughter shall be punished by confinement and labour in the penitentiary, for a term not less than two years, nor longer than four years. SEC. 9. Involuntary manslaughter shall consist in the killing of a human being without any intention to do so; but in the commission of an unlawful act, or a lawful act, which probably might produce such a consequence, in an unlawful manner: Provided always, that where such involuntary killing shall happen in the commission of an unlawful act, which in its consequences naturally tends to destroy the life of a human being, or is committed in the prosecution of a riotous intent, or of a

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crime punishable by death or confinement in the penitentiary, the offence shall be deemed and adjudged to be murder. SEC. 10. Involuntary manslaughter, in the commission of an unlawful act, shall be punished by confinement and labour in the penitentiary for a term not less than one year, nor longer than three years. SEC. 11. Involuntary manslaughter in the commission or performance of a lawful act, where there has not been observed necessary discretion and caution, shall be punished by fine or imprisonment in the common jail of the county, or both, at the discretion of the court. SEC. 12. There being no rational distinction between excusable and justifiable homicide, it shall no longer exist. Justifiable homicide is the killing of a human being, by commandment of the law in execution of public justice; by permission of the law in advancement of public justice; in self-defence, or in defence of habitation, property or person, against one who manifestly intends or endeavours by violence or surprise to commit a felony on either; or against any persons who manifestly intend and endeavour in a riotous and tumultuous manner to enter the habitation of another, for the purpose of assaulting or offering personal violence to any person, dwelling or being therein. SEC. 13. A bare fear of any of those offences, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing; it must appear that the circumstances were sufficient to excite the fears of a reasonable man, and that the party killing really acted under the influence of those fears, and not in the spirit of revenge. SEC. 14. If after persuasion, [Illegible Text] or other gentle measures used, a forcible attack and invasion on the property or habitation of another, cannot be prevented, it shall be justifiable homicide to kill the person so forcibly attacking and invading on the property or habitation of another; but it must appear that such killing was absolutely necessary to prevent such attack and invasion, and that a serious injury was intended, or might accrue to the person, property or family of the person killing. SEC. 15. If a person kill another in his defence, it must appear that the danger was so urgent and pressing, at the time of the killing, that in order to save his own life, the killing of the

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other was absolutely necessary; and it must appear also, that the person killed was the assailant, or that the slayer had really and in good faith endeavoured to decline any further struggle before the mortal blow was given. SEC. 16. All other instances which stand upon the same footing of reason and justice as those enumerated, shall be justifiable homicide. SEC. 17. The homicide appearing to be justifiable, the person indicted, shall, upon the trial be fully acquitted and discharged. SEC. 18. Killing a slave in the act of revolt, or when the said slave forcibly resists a legal arrest, shall be justifiable homicide. SEC. 19. In all cases, the killing or maiming of a slave or person of colour, or Indian in amity with the United States, shall be put upon the same footing of criminality, as the killing or maiming of a white person. SEC. 20. If any person shall counsel, advise, or direct a woman to kill the child she is pregnant, or goes with, and after she is delivered of such child, she kill it, every such person so advising or directing, shall be deemed an accessory before the fact to such murder, and shall have the same punishment as the principal. SEC. 21. The constrained presumption arising from the concealment of the death of any child, that the child, whose death is concealed, was therefore murdered by the mother, shall not be sufficient or conclusive evidence to convict the person indicted, of the murder of her child, unless probable proof be given that the child was born alive, nor unless the circumstances attending it shall be such as shall satisfy the minds of the jury that the mother did wilfully and maliciously destroy and take away the life of such child. SEC. 22. If any woman shall conceal or attempt to conceal the death of any issue of her body, male or female, which if it were born alive, would by law be a bastard, so that it may not come to light whether it was murdered or not, every such mother being convicted thereof, shall be punished by fine or imprisonment in the common jail of the county, or both, at the discretion of the court.

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SEC. 23. Mayhem shall consist in unlawfully depriving a person, free or slave, of a member, or disfiguring, or rendering it useless. SEC. 24. If any person shall unlawfully cut out or disable the tongue, put out an eye, slit or bite the nose, ear or lip, or cut or bite off the nose, ear, or lip, or castrate, or cut, or bite off, or disable any other limb or member of another, with an intention in so doing to maim or disfigure such person, or shall voluntarily, maliciously, and of purpose, while fighting or otherwise, do any of these acts, every such person shall be guilty of Mayhem. SEC. 25. A person convicted of cutting out the tongue, with the intention, or voluntarily or maliciously, as expressed in the preceding section, shall be punished by confinement and labour in the penitentiary for life. A person convicted of disabling the tongue, with the intention, or voluntarily or maliciously as expressed in the preceding section, shall be punished by confinement and labour in the penitentiary, for a term not less than five years, nor more than fifteen years. SEC. 26. A person convicted of putting out an eye, with the intention, or voluntarily or maliciously, as before expressed, in fight or otherwise, shall be punished by confinement and labour in the penitentiary, for a term not less than two years, nor longer than five years. SEC. 27. A person convicted of putting out the eyes of another, or the eye of another, having but one eye, with a similar intention, or voluntarily, or maliciously, while fighting or otherwise, shall be punished by confinement and labour in the penitentiary, for and during the term of his or her natural life. SEC. 28. A person convicted of slitting or biting the nose, ear or lip of another, with the intention, or voluntarily, or maliciously, as before expressed, while fighting or otherwise, shall be punished by confinement and labour in the penitentiary, for the term of not less than one year, nor more than three years, or by fine and imprisonment in the common jail of the county, at the discretion of the court. SEC. 29. A person convicted of cutting or biting off the nose, ear or lip of another, with the intention, or voluntarily or maliciously, as before expressed, while fighting or otherwise, shall

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be punished by confinement and labour in the penitentiary, for a term not less than two years, nor more than five years. SEC. 30. A person convicted of the crime of castrating another, with the intention, or voluntariiy or maliciously, as before expressed, while fighting or otherwise, shall be punished with death. SEC. 31. A person convicted of wilfully and maliciously injuring, wounding, or disfiguring the private parts of another, with the intention aforesaid, whilst fighting or otherwise, which injuring, wounding, or disfiguring, do not amount to castration, shall be punished by confinement and labour in the penitentiary, for a term not less than five years, nor longer than fifteen years. SEC. 32. A person convicted of cutting or biting off, or disabling any limb or member of another, not hereinbefore designated, with the intention, or voluntarily or maliciously, as before expressed, while fighting or otherwise, shall be punished by confinement and labour in the penitentiary, for a term not less than one year, nor longer than five years; or in slight and trivial cases, by fine and imprisonment in the common jail of the county, at the discretion of the court. SEC. 33. Rape is the carnal knowledge of a female, forcibly and against her will. SEC. 34. Rape shall be punished by an imprisonment at labour in the penitentiary, for a term not less than two years, nor longer than twenty years. SEC. 35. An assault with intent to commit a rape, shall be punished by an imprisonment at labour in the penitentiary, for a term not less than one year, nor longer than five years. SEC. 36. Sodomy is the carnal knowledge and connection against the order of nature by man with man, or in the same unnatural manner with woman. SEC. 37. The punishment of sodomy shall be imprisonment at labour in the penitentiary for and during the natural life of the person convicted of this detestable crime. SEC. 38. Bestiality is the carnal knowledge and connection

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against the order of nature by man or woman in any manner with a beast. SEC. 39. The punishment of bestiality, shall be imprisonment at labour in the penitentiary for and during the natural life of the person convicted of this detestable crime. SEC. 40. An attempt to commit sodomy or bestiality, shall be punished by imprisonment and labour in the penitentiary for a term not less than two years nor more than four years. SEC. 41. An assault is an attempt to commit a violent injury on the person of another. SEC. 42. A bare assault shall be punished by fine or imprisonment in the common jail of the county, at the discretion of the court. SEC. 43. An assault with intent to murder, by using any weapon likely to produce death, shall be punished by imprisonment and labour in the penitentiary for a term not less than two years nor longer than four years. SEC. 44. An assault with intent to rob, is where any person or persons shall with any offensive or dangerous weapon or instrument, unlawfully and maliciously assault another, or shall by menaces, or in and by any forcible or violent manner, demand any money, goods or chattels of or from any other person or persons, with intent to rob or commit robbery upon such person or persons. SEC. 45. A person convicted of an assault with intent to rob, shall be punished by confinement and labour in the penitentiary, for a term not less than two years, nor more than four years. SEC. 46. An assault with an intent to spoil or injure clothes, or garments, is where any person or persons shall at any time wilfully and maliciously assault any person or persons, with an intent to tear, spoil, cut, burn, or deface, and shall tear, spoil, cut, burn or deface the garments or clothes of such person or persons; and every such offender being thereof convicted, shall be punished by a fine not exceeding two hundred dollars, and imprisonment in the common jail of the county for a term not less than three months, nor more than one year.

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SEC. 47. Battery is the unlawful beating of another, and shall be punished by fine or imprisonment in the common jail of the county, or both, at the discretion of the court. SEC. 48. False imprisonment is a violation of the personal liberty of a free white person, or citizen, and consists in confinement or detention of such person, without sufficient legal authority. SEC. 49. Any person who shall arrest, confine, or detain a free white person or citizen, without process, warrant, or legal authority to justify it, shall be punished by fine and imprisonment in the common jail of the county, or either at the discretion of the court. SEC. 50. The arrest, confinement, or detention of a free white person or citizen, by the warrant, mandate, or process of a magistrate, being manifestly illegal, and showing malice and oppression, the said magistrate shall be removed from office, and such magistrate, and all and every person and persons knowingly and maliciously concerned therein, shall be punished by fine and imprisonment in the common jail of the county, or imprisonment and labour in the penitentiary for any time not less than one nor more than two years, at the discretion of the court. SEC. 51. Kidnapping is the forcible abduction or stealing away of any free white person, or free person of colour, without lawful authority, or warrant from this state, or any county thereof, and sending or conveying such person beyond the limits of said State or county, against his or her will. Each and every person who shall be guilty of this crime, and be thereof lawfully convicted, shall be punished by imprisonment and labor in the penitentiary, for any time not less than four years, nor longer than seven years. SEC. 52. If any person shall forcibly, maliciously, or fraudulently, lead, take, or carry away, or decoy or entice away, out of the limits of this State, or any county thereof, any free white child under the age of twelve years, from its parent or guardian, or against his, her, or their will or wills, and without his, her, or their consent or consents, such person so offending shall be indicted for kidnapping, and on conviction shall be punished by imprisonment and labour in the penitentiary for any time not less than four, nor more than seven years. SEC. 53. Any person who shall be guilty of the act of stabbing another, except in his own defence, with a sword, dirk, knife, or

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other instrument of the like kind, shall, on conviction, be punished by a fine not exceeding one thousand dollars, and imprisonment not less than twelve months, nor more than two years confinement and labour in the penitentiary. Provided, always, that if such stabbing shall produce death, the offender shall be guilty of murder or manslaughter, according to the facts and circumstances of the case; or, if such stabbing shall not produce death, and the facts and circumstances show that it was the intention of the person stabbing to commit the crime of murder, then and in such case the offender shall be guilty of the offence of an assault with intent to commit murder. FIFTH DIVISION. Crimes and Offences against the Habitations of Persons. SEC. 1. Crimes against the habitations of individuals, shall consist of1st. Arson, and 2d. Burglary. SEC. 2. Arson is the malicious and wilful burning of the house, or out-house of another. SEC. 3. The wilful and malicious burning, or setting fire to, or attempting to burn a house in a city, town, or village, shall be punished with death. SEC. 4. The wilful and malicious burning of the dwelling house of another on a farm or plantation, or elsewhere, (not in a city, town, or village,) shall be punished by imprisonment and labour in the Penitentiary for any term not less than five years, nor more than twenty years. SEC. 5. Setting fire to the dwelling house of another, with intent to burn the same, on a farm or plantation, or elsewhere (not in a city, town, or village) shall be punished by imprisonment and labour in the Penitentiary for a term not less than three years, nor longer than seven years. SEC. 6. The wilful and malicious burning of an out-house of

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another, such as a barn, stable, or any other house (except the dwelling house) on a farm or plantation, or elsewhere, (not in a city, town, or village) shall be punished by imprisonment and labour in the Penitentiary for any term not less than two years, nor more than seven years. SEC. 7. Setting fire to an out-house of another, as described in the preceding section, shall be punished by imprisonment and labour in the Penitentiary for any term not less than one year, nor more than three years. SEC. 8. The crime of burning shall be complete, where the house is consumed or generally injured. SEC. 9. The offence of setting fire to a house shall be complete, when any attempt is made to burn it, though no material injury is the consequence. SEC. 10. Arson in the day time (except in a city, town, or village) shall be punished by a shorter period of imprisonment and labour, than arson committed in the night. SEC. 11. Arson which produces the death of any person, shall be punished by the death of the person or persons committing the arson. SEC. 12. Burglary is the breaking and entering into the dwelling or mansion house of another, with intent to commit a felony. All out-houses contiguous to, and within the curtilage or protection of the mansion house, shall be considered as parts of the mansion or dwelling housea hired room or apartments in a public tavern, inn, or boarding house, shall be considered as the dwelling house of the person or persons occupying and hiring the same. Burglary may be committed in the day or night. SEC. 13. Burglary in the day time, shall be punished by imprisonment and labour in the penitentiary for any time not less than three years, nor longer than five years. SEC. 14. Burglary in the night, shall be punished by imprisonment and labour in the penitentiary for any time not less than four years, nor longer than seven years.

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SIXTH DIVISION. Of Crimes and Offences relative to Property. SEC. 1. Robbery is the wrongful, fraudulent and violent taking of money, goods, or chattels, from the person of another by force or intimidation, without the consent of the owner. SEC. 2. Robbery by open force and violence, shall be punished by imprisonment and labour in the penitentiary for any time not less than four years, nor longer than seven years. SEC. 3. Robbery by intimidation, or without using force and violence, shall be punished by imprisonment and labour in the penitentiary for any time, not less than two years, nor longer than five years. SEC. 4. Larceny, or theft, as contradistinguished from robbery by violence, force, or intimidation, shall consist of1st. Simple theft or larceny2d. Theft or larceny from the person3d. Theft or larceny from the house4th. Theft or larceny after a trust or confidence has been delegated or reposed. SEC. 5. Simple theft or larceny is the wrongful and fraudulent taking and carrying away by any person, of the personal goods of another, with intent to steal the same. SEC. 6. Horse stealing shall be denominated simple larceny: and the term horse shall include mule and ass, and each animal of both sexes, and without regard to the alterations which may be made by artificial means. SEC. 7. The offence shall in all cases be charged as simple larceny, but the indictment shall designate the nature, character and sex of the animal, and give some other description by which its identity may be ascertained. SEC. 8. The stealing of a horse, mule or ass, shall be punished by confinement and labour in the penitentiary for any time not less than two years, nor longer than five yearsand the stealing of more than one of these animals at the same time, shall be punished by confinement and labour in the penitentiary for any time not less than six years, nor longer than fourteen years.

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SEC. 9. Cattle stealing shall be denominated simple larceny, and be so charged in the indictment, and shall include the theft or larceny of any horned animal or animals, and all animals having the hoof cloven, except hogs. SEC. 10. The indictment shall sufficiently describe the animal or animals falling under the description of cattle in the preceding section, so that it, or they may be ascertained and identified by the owner or owners thereof. SEC. 11. The stealing of one or more animals falling under the above description of cattle; if the value does not exceed the sum of twenty dollars, shall be punished by fine and imprisonment in the common jail of the county for any time not longer than six months, at the discretion of the courtbut, if the value of the animal or animals stolen exceeds the sum of twenty dollars, the person convicted shall be punished by imprisonment and labour in the penitentiary for any time not less than one year, nor longer than four years. SEC. 12. The stealing of a hog or hogs is simple larceny, and shall be so charged in the indictment; and the hog or hogs so described, that it or they may be identified by the owner. SEC. 13. The punishment of hog stealing, if the hog or hogs stolen do not exceed the value of twenty dollars, shall be fine and imprisonment in the common jail of the county for any time not exceeding six months, at the discretion of the courtbut, if the value of the hog or hogs stolen exceeds the sum of twenty dollars, the person convicted shall be punished by imprisonment and labour in the penitentiary for any time not less than one year, nor longer than three years. SEC. 14. All other domestic animals which are fit for food, may be subjects of simple larcenyAnd any person or persons who shall steal any such animal or animals, shall be punished by fine and imprisonment, or fine or imprisonment in the common jail of the county at the discretion of the court. SEC. 15. If any person or persons shall mark and brand, or mark or brand any animal or animals before mentioned; or alter, or change the mark or marks, or brand or brands of any such animal, being the property of another, with an intention to claim or appropriate the same to his or her own use, or to prevent identification by the true owner or owners thereof, the person

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or persons so offending shall be guilty of a misdemeanor, and on conviction, shall suffer the same punishment as is inflicted for the theft or larceny of the said animal or animals. SEC. 16. If any person shall take and carry away any paper, document, deed, will, or other writing, relating to real or personal estate, with an intention to impair, prevent, or render difficult the establishment of a title to real or personal estate; or mutilate, cancel, burn, or otherwise destroy said paper, document, deed, will, or other writing, with the intention aforesaid, such person shall be guilty of simple larceny, and be punished by imprisonment and labour in the penitentiary for any time not less than one year, nor longer than three years. SEC. 17. If any person shall take and carry away any bond, note, bank bill, or due bill, or paper or papers securing the payment of money or other valuable thing; or any receipt, acquitance, or paper or papers operating as a discharge for the payment of money or other thing, belonging to another, with intent to steal the same, such person shall be guilty of simple larceny, and be punished by imprisonment and labour in the penitentiary for any time not less than one year, nor longer than four years. SEC. 18. Theft or larceny may be committed of any thing or things, which in the language of the law, savours of the realty, or of any fixture or fixtures; and the punishment shall be fine or imprisonment in the common jail of the county, or both, at the discretion of the court. SEC. 19. Plundering or stealing any article of value from a vessel in distress, or from a wreck, or any other vessel, boat, or water craft within the jurisdictional limits of this state, is simple larceny, and shall be punished by imprisonment and labour in the penitentiary for any time not less than one year, nor longer than five years. SEC. 20. The stealing of a slave is simple larceny, and shall be punished by imprisonment and labour in the penitentiary for any time not less than four years, nor longer than ten years. SEC. 21. Any person who shall, by any enticement, or by giving a pass, or by any other means, induce a slave to run away from his or her owner, with the intention to sell said slave, or otherwise to appropriate the said slave to his (the offender's)

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own use, or the use of any other person, and thereby to deprive the owner of the use and services of said slave, shall be guilty of simple larceny, and on conviction, shall be punished by imprisonment and labour in the penitentiary for any time not less than four years, nor longer than ten years. SEC. 22. All simple larcenies or thefts of the personal goods of another, not mentioned, or particularly designated in this code, shall be punished by imprisonment in the common jail of the county for any time not longer than one year: Provided, the thing or things stolen do not exceed the value of twenty dollars; but if they do exceed in value the sum of twenty dollars, then the person convicted of such larceny, shall be punished by confinement and labour in the penitentiary for any time not less than one year, nor longer than five years. Theft or Larceny from the Person. SEC. 23. Theft or larceny from the person, as distinguished from robbery before described, is the wrongful and fraudulent taking of money, goods, chattels, or effects, or any article of value from the person of another, privately, without his knowledge, in any place whatever, with intent to steal the same. SEC. 24. A person convicted of this class of larceny, shall be punished by imprisonment and labour in the penitentiary for any time not less than two years, nor longer than five years; and if the offence was committed in a public place, or where many persons are assembled, it shall be considered as greatly adding to the criminality of the act, and the punishment shall be increased in consequence thereof, but in no case to exceed five years. SEC. 25. Any sort of secret, sudden, or wrongful, taking from the person with the intent described in the 23d section of this division, without using intimidation, or open force and violence, shall be within this class of larceny, though some small force be used by the thief to possess himself of the property: Provided, there be no resistance by the owner, or injury to his

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person, and all the circumstances of the case show that the thing was taken, not so much against, as without the consent of the owner. Larceny from the House. SEC. 26. Larceny from the house, is the breaking, or entering any house with an intent to steal, or after breaking, or entering said house, stealing therefrom any money, goods, chattels, wares, merchandize, or any thing or things of value whatever. SEC. 27. Any person who, by day or night shall, in any dwelling house, store, shop or warehouse, or any other house or building, privately steal any goods, money, chattels, wares or merchandize, or any other article or thing of value, shall be punished by imprisonment and labour in the penitentiary for any time not less than two years, nor longer than five years. SEC. 28. Any person entering a dwelling house, store, shop, or ware house, or any other house or building with intent to steal, but who is detected and prevented from so doing, shall be punished by imprisonment and labour in the penitentiary for any time not less than one year, nor longer than three years. SEC. 29. Any person breaking any dwelling house, store, shop, or ware house, or any other house or building with intent to steal, but who is detected and prevented from effecting such intention, shall be punished by imprisonment and labour in the penitentiary for any time not less than one year, nor longer than three years; but if the owner of said building, or any other person, be in the house at the time of such breaking, and be put in fear, then the said offender shall be punished by imprisonment and labour in the penitentiary for any time not less than two years, nor longer than five years. SEC. 30. Any person breaking and entering any house or building (other than a dwelling house or its appurtenances) with intent to steal, but who is detected, and prevented from carrying such intention into effect, shall be punished by imprisonment

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and labour in the Penitentiary for any time not less than two years, nor longer than four years. And any person breaking and entering any such house or building, and stealing therefrom any money, goods, chattels, wares, or merchandize, or any other thing or article of value, shall be punished by imprisonment and labour in the Penitentiary for any time not less than three years, nor longer than five years. But if such breaking, entering and stealing, be accompanied by any violence, menace, or threat, or by alarming and putting in fear any person in said house, then the imprisonment and labour shall not be less than four years. SEC. 31. Any house, building or edifice belonging to the state, or a corporate body, or appropriated to public worship, or any other public purpose, shall be taken and considered as a house or building within which this class of larceny may be committed. SEC. 32. Any person entering and stealing from any hut, tent, booth, or temporary building, shall be punished by imprisonment and labour in the Penitentiary for any time not less than one year, nor longer than four years. Theft or larceny after a trust has been delegated, or a confi- dence reposed. SEC. 33. Any officer, servant, or other person employed in any public department, station or office of government of this state, or any county, town, or city of this state, or in any bank or other corporate body in this state, or any president, director, or stockholder of any bank or other corporate body in this state, who shall embezzle, steal, secrete, or fraudulently take and carry away any money, gold or silver bullion, note or notes, bank bill or bills, bill or bills of exchange, warrant or warrants, bond or bonds, deed or deeds, draft or drafts, check or checks, security or securities for the payment of money or delivery of goods, or other things, lease, will, letter of attorney, or other sealed instrument; or any certificate or other public security of the state for the payment of money; or any receipt, acquittance, release

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or discharge of any debt, suit, or other demand, or any transfer or assurance of money, stock, goods, chattels, or other property; or any day-book or other book of accounts; or any agreement or contract whatever; such person so offending, shall on conviction, be punished by imprisonment and labour in the Penitentiary for any time not less than two years, nor longer than seven years. SEC. 34. If any factor, commission merchant, ware house keeper, wharfinger, wagoner, stage driver, or other common carrier on land or water, or any other bailee with whom any money, bank bill or bills, note or notes, bill or bills of exchange, draft or drafts, check or checks, bond or bonds, or other security or order for the payment of money, or other valuable thing; or any cotton, corn, or other produce, goods, wares or merchandize, or any other thing or things of value are or may be entrusted, or deposited by any person, shall fraudulently convert the same, or any part thereof, or the proceeds of any part thereof to his or her own use, or otherwise dispose of the same, or any part thereof, without the consent of the owner or bailor, and to his or her injury, and without paying to such owner or bailor, on demand, the full value or market price thereof; or if, after a sale of any of the said articles with the consent of the owner or bailor, such person shall fraudulently, and without the consent of the said owner or bailor, convert the proceeds thereof, or any part of the said proceeds to his or her own use, and fail or refuse to pay the same over to such owner or bailor on demand; every such person so offending, shall on conviction, be punished by imprisonment and labour in the Penitentiary for any time not less than two years, nor longer than seven years. SEC. 35. If any person employed as a clerk, agent or servant, or in any other character or capacity in any store, ware house, counting-room, exchange office, shop, or other place of trade, traffic, or exchange, where from the nature of the business or employment, it is necessary or usual to intrust to such person any goods, wares, or merchandize, cotton, corn, or other produce, money, notes, bills of exchange, bank notes, checks, drafts, orders for payment of money or other valuable thing, or any other thing or article of value, shall fraudulently take and carry away, or convert to his own use, or otherwise dispose of any of the said goods, wares or merchandize, cotton, corn, or other produce, money, notes, bills of exchange, bank notes, checks, drafts, orders, or other thing or things of value thus intrusted to him, or committed to his charge, to the injury, and

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without the consent of the owner thereof, or person thus intrusting him; such person so offending shall, on conviction, be punished by imprisonment and labour in the Penitentiary for any time not less than one year, nor longer than five years. SEC. 36. If any person who has been intrusted by another with any money, note or notes, bill or bills of exchange, bond or bonds, check or checks, draft or drafts, bank note or notes, order or orders for the payment of money, or other valuable article or thing; or any cotton, corn, or other produce, goods, wares or merchandize, horse or horses, mule or mules, cattle, sheep, goats, hogs, or other article or articles of value, for the purpose of applying the same for the use or benefit of the person to whom they belong, or the person delivering them, or any of them; or for the purpose of collecting the money or other thing due on any such note or notes, bill or bills of exchange, bond or bonds, check or checks, draft or drafts, bank note or notes, or order or orders, and paying the proceeds thereof over to the owner or other person so intrusting or delivering the same; or for the purpose of selling such cotton, corn, or other produce, goods, wares, or merchandize, horse or horses, mule or mules, cattle, sheep, goats, hogs, or other valuable article, and paying over the proceeds of such sale to the owner, or other person so intrusting or delivering the said article or articles, shall fraudulently convert the said article or articles, or any of them, or the money or other thing arising from the sale or collection of any of them to his or her own use, or shall otherwise dispose of them, or any of them to the injury, and without the consent of the owner, or other person so intrusting or delivering them, and without paying to such owner or person intrusting or delivering the same, the full value or market price thereof, such person so offending, shall on conviction, be punished by imprisonment and labour in the Penitentiary for any time not less than one year, nor longer than five years. SEC. 37. Any president, director, or other officer of any chartered bank in this state, who shall violate, or be concerned in violating any provision of the charter of such bank, shall be guilty of a high misdemeanor, and on indictment and conviction thereof, shall be punished by imprisonment and labour in the Penitentiary for any term not less than one year, nor longer than ten years. SEC. 38. Every president, director, or other officer of any chartered bank in this state, shall be deemed to possess such a

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knowledge of the affairs of the corporation, as to enable him to determine whether any act, proceeding or omission is a violation of the charter. And every president and director who shall be present at a meeting when such violation shall happen, shall be deemed to have concurred therein, unless he shall, at the time cause, or in writing, require his dissent therefrom to be entered at large on the minutes of the boardAnd every president and director not present at any meeting when such a violation shall take place, shall nevertheless be deemed to have concurred therein, if the facts constituting such violation appear on the books of the corporation, and he remain a director for three months thereafter, and do not within that time cause, or in writing require his dissent from such illegal proceeding, to be entered at large on the minutes of the board. SEC. 39. Every insolvency of a chartered bank, or refusal, or failure to redeem its bills on demand, either with specie, or current bank bills passing at par value, shall be deemed fraudulent, and the president and directors may be severally indicted for a misdemeanor, and on conviction shall be punished by imprisonment and labour in the Penitentiary for any time not less than one year, nor longer than ten years Provided nevertheless, that the defendant may repel the presumption of fraud, by showing that the affairs of the bank have been fairly and legally administered, and generally with the same care and diligence that agents receiving a commission for their services, are required and bound by law to observe: and upon such showing, the jury shall acquit the prisoner. SEC. 40. All conveyances, assignments, transfers of stock, effects, or other contracts made by any bank in contemplation of insolvency, or after insolvency, except for the benefit of all the creditors and stockholders of said bank, shall, unless made to an innocent purchaser for a valuable consideration, and without knowledge or notice of the condition of said bank, be fraudulent and void. And the president, directors, and other officers of said bank, or any of them, making, or consenting to the making of such conveyance, assignment, transfer or contract, whether the same be made to an innocent purchaser, or any other, shall severally be guilty of a misdemeanor, and on indictment and conviction thereof, shall be punished by imprisonment and labour in the Penitentiary for any time not less than four years, nor longer than ten years. SEC. 41. If any president, director, officer, or agent of any

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bank, shall, by himself or agent, or in any other manner, either for himself, or for the bank, directly or indirectly purchase, or be interested in the purchase of any bill, or check, or other evidence of debt issued by the said bank, for a less sum than shall appear then due on the face thereof, such person so offending shall be guilty of a misdemeanor, and on indictment and conviction thereof, shall be punished by imprisonment and labour in the penitentiary for any time not less than four years, nor longer than ten years. SEC. 42. No dividends shall be made by any bank, except from the nett profits arising from the business of the corporation; and if any president and directors shall declare, or pay over any dividend from the capital stock, or any other funds of the bank, except the nett profits thereof, such president and directors shall severally be guilty of a misdemeanor, and on indictment and conviction thereof, shall be punished by confinement and labour in the penitentiary for any time not less than one year, nor longer than ten years. SEC. 43. If the president and directors of any bank, or any of them, shall use and apply any part of the capital stock of such bank to the purchase of shares of its own stock, such president and directors shall be guilty of a misdemeanor, and on indictment and conviction thereof, shall be punished by imprisonment and labour in the penitentiary for any time not less than one year, nor more than ten years. SEC. 44. The 39th section of the 6th division of this code, in relation to the insolvency of any bank, or the failure or refusal of any bank to pay its bills in specie or current bank notes, shall not operate on any bank which has heretofore become insolvent or unable to pay its bills. And no future failure or refusal to pay its bills, shall be deemed a violation of said section. Provided nevertheless, that said bank shall not have resumed specie payment between the time of its becoming insolvent, and of its future failure or refusal to redeem its bills with specie or current bank notes.

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SEVENTH DIVISION. Forgery and Counterfeiting. SEC. 1. If any person or persons shall falsely and fraudulently make, forge, alter, or counterfeit, or cause or procure to be falsely and fraudulently made, forged, altered or counterfeited, or willingly aid or assist in falsely and fraudulently making, forging, altering or counterfeiting, any audited certificate, or other certificate issued, or purporting to have been issued by the auditor general, or other officer authorized to issue the same; or any order or warrant issued, or purporting to have been issued by the Governor, or the President of the Senate, or Speaker of the House of Representatives of the General Assembly of this state, or by any officer of the government, or authorized person, on the Treasury of said state, for any money or other thing, or any warrant for land issued or purporting to have been issued by the justices of any land court, or by any other tribunal, officer or person, authorized to do so, within this state; or any certificate, draft, warrant or order, from any of the public officers of this state, issued or purporting to have been issued under or by virtue of an act or resolution of the General Assembly of this state; or any certificate, draft, order, or warrant, issued or purporting to have been issued by any court officer, or person authorized to draw on the treasury of this state, or for public money wherever the same may be deposited; or any deed, will, testament, bond, writing obligatory, bill of exchange, promissory note, or order for money, or goods or other thing or things of value; or any acquittance or receipt; or any endorsement or assignment of any bond, writing obligatory, bill of exchange, promissory note, or order for money or goods, or other thing or things of value, with intent to defraud the said state, public officer or officers, courts, or any persons authorized, or any person or persons whatever; or shall utter or publish as true, any false, fraudulent, forged, altered or counterfeited audited certificate, governor's, president's, speaker's, public officer's, court's, or duly authorized person's certificate, draft, warrant, or order, so as aforesaid issued, or purporting to have been issued, or any deed, will, testament, bond, writing obligatory, bill of exchange, promissory note, or order for money, or goods, or other thing or things of value, or any acquittance or receipt for money or goods, or other thing or things of value; or any endorsement or assignment of any bond, writing obligatory, bill of exchange,

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promissory note, or order for money or goods, or other thing or things of value, with intent to defraud the said state, public officers, courts, or persons authorized as aforesaid, or any other person or persons whatsoever, knowing the same to be so falsely and fraudulently made, forged, altered, or counterfeited; every such person so offending, and being thereof lawfully convicted, shall be punished by imprisonment and labour in the penitentiary, for any time not less than four years, nor longer than ten years. SEC. 2. If any person shall falsely and fraudulently make, forge, or counterfeit, or be concerned in the false and fraudulent making, forging, and counterfeiting of any gold, silver, or copper coin, which now is, or shall be passing, or in circulation within this state; or shall falsely and fraudulently make, or be concerned in the false and fraudulent making of any base coin, of the likeness or similitude of any gold, silver, or copper coin, which now is, or shall be passing or in circulation within this state; or shall falsely and fraudulently utter, publish, pay, or tender in payment, any such counterfeit and forged coin of gold, silver, or copper, or any base coin, knowing the same to be forged or counterfeited, or base, or shall aid or abet, counsel or command the perpetration of either of the said crimes, such person shall on conviction, be punished by imprisonment and labour in the penitentiary for any time not less than four years, nor longer than ten years. SEC. 3. If any person shall falsely and fraudulently make, sign, or print, or be concerned in the false and fraudulent making, signing, or printing any counterfeit note or bill of any bank of this State, or the note or bill of any incorporated bank, whose notes or bills are in circulation in this State, or falsely and fraudulently cause or procure the same to be done, such person so offending, shall on conviction, be punished by imprisonment and labour in the penitentiary for any time not less than four years, nor longer than ten years. SEC. 4. If any person shall falsely and fraudulently make, sign, or print, or be concerned in the false and fraudulent making, signing, or printing, of any check or draft upon any bank of this State, or bank as aforesaid; or falsely or fraudulently cause or procure the same to be done, such person so offending, shall on conviction, be punished by imprisonment and labour in the penitentiary for any time not less than three years, nor longer than seven years. SEC. 5. If any person shall falsely and fraudulently alter, or

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be concerned in the false and fraudulent alteration of any [Illegible Text] note, bill, check, or draft, of, or on, any bank as aforesaid; or falsely and fraudulently cause or procure the same to be done, such person so offending shall on conviction be punished by imprisonment and labour in the Penitentiary for any time not less than three years, nor longer than ten years. SEC. 6. If any person shall falsely and fraudulently pass, pay, or tender in payment, utter, or publish, any false, forged, counterfeit, or altered note, bill, check, or draft as aforesaid, knowing the same to have been falsely and fraudulently forged, counterfeited or altered; such person so offending, shall on conviction, be punished by imprisonment and labour in the penitentiary, for any time not less than two years, nor longer than ten years. SEC. 7. If any person shall have in his or her possession any such false, forged, counterfeit, or altered note or notes, bill or bills, draft or drafts, check or checks, with intention fraudulently to pass the same, such person so offending shall on conviction, be punished by imprisonment and labour in the penitentiary for any time not less than two years, nor longer than ten years. SEC. 8. If any person shall have in his or her possession, any bank paper, types, plates or machinery for the purpose of falsely or fraudulently forging and counterfeiting any notes, bills, checks, or drafts as aforesaid, such person so offending shall on conviction, be punished by imprisonment and labour in the penitentiary for any time not less than four years, nor longer than ten years. SEC. 9. If any person shall falsely and fraudulently make, forge, counterfeit, or alter any note, bill, draft or check of, or on, any person, body corporate, company or mercantile house or firm, or purporting so to be; or fraudulently and falsely utter, publish, pass, pay, or tender the same in payment, or demand payment of the same, knowing the said bill, note, draft or check to be forged and counterfeited, or falsely and fraudulently altered, such person so offending shall on conviction, be punished by confinement and labour in the penitentiary for any time not less than two, nor longer than ten years. SEC. 10. If any person shall fraudulently make, sign, forge, counterfeit, or alter, or be concerned in the fraudulent making, signing, forging, counterfeiting, or altering any other writing,

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not herein provided for, with intent to defraud any person or persons, bank, or other corporate body, or shall fraudulently cause or procure the same to be done, such person so offending, shall on conviction, be punished by imprisonment and labour in the Penitentiary for any time not less than two years, nor longer than five years. SEC. 11. If any person shall falsely and fraudulently forge or counterfeit, or be concerned in forging and counterfeiting the great seal of this state, or any seal used for government purposes, the public and common seal of any court, office, county or corporation, or any other seal authorized by law; or shall falsely and fraudulently cause or procure the same to be forged and counterfeited; or shall falsely, fraudulently and knowingly impress, or cause to be impressed, any instrument whatever, whether the same be written or printed; or partly written and partly printed, with such forged and counterfeit seal; or shall falsely, fraudulently and knowingly annex or affix, or cause to be annexed or affixed to any such instrument, such forged and counterfeit seal; or shall falsely and fraudulently utter or publish any instrument, or writing whatever, impressed with such forged and counterfeit seal, knowing the same to be forged and counterfeit, such person so offending shall be punished by imprisonment and labour in the Penitentiary, for any time not less than two years, nor longer than ten years. SEC. 12. Any person who shall draw or make a bill of exchange, due bill, or promissory note, or endorse or accept the same in a fictitious name, shall be guilty of forgery, and on conviction, be punished by confinement and labour in the Penitentiary for any time not less than two years nor longer than seven years. SEC. 13. If any person shall put his own name to any instrument, representing himself to be a different person of that name, such person shall be guilty of forgery, and on conviction, shall be punished by imprisonment and labour in the Penitentiary, for any time not less than two years, nor longer than seven years. SEC. 14. If any person shall designedly by colour of any counterfeit letter or writing, made in any other person's name, or fictitious name, obtain from any person, money, goods, chattels, or other valuable thing, with intent to defraud any person, mercantile house, or body corporate or company, of the same, such

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person so offending shall, on conviction, be punished by imprisonment and labour in the Penitentiary, for any time not less than two years, nor longer than seven years. EIGHT DIVISION. Crimes and offences against the Public Justice SEC. 1. Perjury shall consist in wilfully, knowingly, absolutely and falsely swearing, either with or without laying the hand on the Holy Evangelist of Almighty God, or affirming in a matter material to the issue or point in question, in some judicial proceeding, by a person to whom a lawful oath or affirmation is administered. SEC. 2. Any person who shall commit the crime of perjury shall be punished by imprisonment and labour in the Penitentiary, for any time not less than four years, nor longer than ten years. SEC. 3. False swearing shall consist in wilfully, knowingly, absolutely and falsely swearing, either with or without laying his hand on the Holy Evangelist of Almighty God, or affirming in any matter or thing (other than a judicial proceeding) by a person to whom a lawful oath or affirmation is administered. SEC. 4. Any person who shall commit the crime of false swearing, shall be punished by imprisonment and labour in the Penitentiary for any time not less than three years, nor longer than ten years. SEC. 5. Subornation of perjury and false swearing, shall consist in procuring another person to commit the crime of perjury or false swearing. SEC. 6. Any person who shall commit the crime of subornation of perjury or false swearing, shall be punished by confinement and labour in the Penitentiary, for any time not less than three years, nor longer than ten years.

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SEC. 7. Any person who shall be lawfully convicted of either of the crimes mentioned and defined in the first, third and fifth sections of this division, shall, in addition to the punishment prescribed in the second, fourth and sixth sections of this division, be forever thereafter disqualified from being a witness in any matter in controversy. SEC. 8. Any verdict or judgment, rule or order of court, which may have been obtained or entered up, shall be set aside, and be of no effect, if it shall appear that the same was obtained or entered up in consequence of wilful and corrupt perjury; and it shall be the duty of the court in which such verdict, judgment, rule, or order may have been obtained or entered up, to cause the same to be set aside upon motion and notice to the adverse party; but it shall not be lawful for the said court to do so, unless the person charged with said perjury shall have been thereof duly convicted, and unless it shall appear to the said court, that the said verdict, judgment, rule, or order, could not have been obtained or entered up, without the evidence of such perjured person; saving always to third persons, innocent of such perjury, the right which they may have lawfully acquired under such verdict, judgment, rule, or order, before the same shall have been actually vacated and set aside. SEC. 9. If any person by wilful and corrupt perjury shall take away the life of another, or by such wilful and corrupt perjury, convict another of any offence, which by this code is punishable with death or perpetual imprisonment, such person shall be punished with death or perpetual imprisonment. SEC. 10. Bribery is the giving or receiving any undue reward to influence the behaviour of the person receiving such reward in the discharge of his duty in any office of government or of justice. SEC. 11. If any person shall directly or indirectly give or offer to give any money, goods, or other bribe, present or reward; or give or make any promise, contract, or agreement for the payment, delivery or alienation of any money, goods, lands, or other bribe; or use any promises, threats, persuasions, or other like sinister, unfair, or fraudulent practices in order to obtain or influence the opinion, judgment, decree, or behaviour of any member of the General Assembly, or any officer of this state, judge, justice, referee or arbitrator in any discussion, debate, action, suit, complaint, indictment, controversy, matter, or cause depending, or which shall depend before him or them, such person

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shall on conviction, be punished by imprisonment and labour in the penitentiary for any time not less than one year, nor longer than five years. And the member of the General Assembly or officer, judge, justice, referee or arbitrator, who shall accept or receive such bribe, shall on conviction, be punished by imprisonment and labour in the penitentiary, for any time not less than two years, nor longer than ten years, and shall moreover be removed from his office. SEC. 12. If any judge, justice, mayor, alderman, clerk, sheriff, coroner, or other public officer, or any other person whatsoever, shall steal, embezzle, alter, corrupt, withdraw, falsify, or avoid any record, process, charter, gift, grant, conveyance, or contract; or shall knowingly and willingly take off, discharge, or conceal, any issue, forfeited recognizance, or other forfeiture; or shall forge, deface, or falsify any document or instrument recorded, or any registry, acknowledgment, or certificate; or shall alter, deface or falsify any minute, document, book, or any proceeding whatever, of, or belonging to any public office within this state; or if any person shall cause or procure any of the offences aforesaid to be committed, or be in anywise concerned therein, the person so offending, shall be punished by imprisonment and labour in the penitentiary for any time not less than two years, nor longer than ten years. SEC. 13. If any jailor by too great a duress of imprisonment, or other cruel treatment, make or induce a prisoner to become an approver, or accuse and give evidence against some other person; or be guilty of wilful inhumanity or oppression to any prisoner under his care and custody, such jailor shall be punished by removal from office, and imprisonment and labour in the penitentiary for any time not less than one year, nor longer than three years. SEC. 14. If any officer after the expiration of the time for which he may have been elected or appointed, shall wilfully and unlawfully withhold or detain from his successor, the records, papers, documents, books or other writings, appertaining and belonging to his office, or mutilate, destroy, take away, or otherwise prevent the complete possession by his said successor, of said records, documents, papers, books, or other writings, such person so offending, shall on conviction, be punished by fine, or imprisonment in the common jail of the county, or both, at the discretion of the court. SEC. 15. If any person except the attorney of record, shall

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acknowledge, or [Illegible Text] to be acknowledged, in any of the courts of this state, or before any authorized officer, any recognizance, bail, or judgment, in the name of any other person not privy or consenting thereto, such person so offending shall, on conviction, be punished by imprisonment and labour in the penitentiary for any period of time not less than one year, nor longer than four years. SEC. 16. If any person shall knowingly and wilfully obstruct, resist, or oppose any sheriff, coroner, or other officer of this state, or other person duly authorized, in serving, or attempting to serve, or execute any lawful process, or order of any court, judge, justice, or arbitrators, or any other legal process whatever; or shall assault or beat any sheriff, coroner, constable, or other officer, or person duly authorized, in serving or executing any process, or order aforesaid, or for having served or executed the same; every person so offending shall, on conviction, be punished by fine and imprisonment in the common jail of the county for any time not exceeding one year. SEC. 17. If any officer of this state whatever, shall assault or beat any individual under colour of his office or commission, without a lawful necessity so to do, such officer so offending shall, on conviction, be punished by fine and imprisonment in the common jail for any time not exceeding one year. SEC. 18. [Illegible Text] is the forcibly and knowingly freeing another from an arrest or imprisonment. SEC. 19. If any person shall rescue another in legal custody on criminal process, such person so offending shall, on conviction, receive the same punishment as the person rescued would, on conviction, be sentenced to receivebut if the person rescued shall have been acquitted of the crime charged against him, then and in such case, the person rescuing shall be punished by imprisonment in the common jail of the county for any time not exceeding one year. SEC. 20. If any person shall rescue another in legal custody on civil process, such person so offending shall, on conviction, be punished by a fine equal in amount to the amount of the debt or demand for which such process was issued, and imprisonment in the common jail of the county, not exceeding six months. SEC. 21. If any person shall attempt to rescue another in legal

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custody on criminal process, such person so offending shall, on conviction, be punished by imprisonment in the common jail for any time not exceeding six months; or by confinement and labour in the penitentiary for any time not less than one year, nor longer than two years, at the discretion of the court. SEC. 22. If any person shall aid or assist a prisoner lawfully committed or detained in any jail, for any offence against this state, or under any civil process, to make his or her escape from jail, whether such escape be actually effected or not; or if any person shall convey, or cause to be delivered to such prisoner any disguise, instrument, or arms, proper to facilitate the escape of such prisoner; such person so offending shall, on conviction, be punished by confinement and labour in the penitentiary for any time not less than one year, nor longer than four years. SEC. 23. If any person shall aid or assist any prisoner to escape, or to attempt to escape from the custody of any sheriff, coroner, constable, officer, or other person who shall have the lawful charge of such prisoner, such person so offending shall, on conviction, be punished by confinement and labour in the penitentiary for any time not less than one year, nor longer than five years. SEC. 24. If any person confined in the penitentiary shall escape therefrom, and be thereafter re-taken, such person shall be indicted for an escape, and on conviction shall be punished by imprisonment and labour in the penitentiary for the term of four years. And any person who shall aid or assist a prisoner confined in the penitentiary to escape, or in an attempt to escape therefrom, shall on conviction, receive the like punishment. SEC. 25. If any sheriff, coroner, constable, keeper of a jail, keeper, other officer or person employed in the Penitentiary, having any offender guilty, or accused of, or confined for any crime, in his custody, shall voluntarily permit or suffer such offender to escape and go at large, every such sheriff, coroner, keeper of a jail, keeper, officer, or other person employed in the Penitentiary, constable, or other officer or person so offending, shall on conviction, be punished by confinement and labour in the Penitentiary for any time not less than two years, nor longer than seven years; and shall moreover, if a public officer, be dismissed from office. SEC. 26. If any sheriff, coroner, constable, keeper of a jail or other officer, whose duty it is to receive persons charged with,

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or guilty of an indictable offence, shall refuse to receive and take charge of such person or persons, every such sheriff, [Illegible Text], constable, keeper of a jail, or other officer so offending, shall on conviction, be punished by confinement and labour in the Penitentiary for any time not less than two years, nor longer [Illegible Text] seven years; and such officer shall moreover be dismissed from office. SEC. 27. If the keeper of the Penitentiary, or other officer or person employed there, whose duty it is to receive convicts, shall fail or refuse to do so, such keeper, officer, or other [Illegible Text] so offending, shall on conviction, be punished by [Illegible Text] and labour in the Penitentiary for any time not exceeding [Illegible Text] years, and shall moreover be dismissed from office. SEC. 28. If any person shall buy or receive any goods, [Illegible Text], money, or other effects, that shall have been stolen or [Illegible Text] taken from another, knowing the same to be stolen [Illegible Text] feloniously taken, such person shall be taken and deemed to [Illegible Text] an accessory after the fact, and shall receive and suffer the [Illegible Text] punishment as would be inflicted on the person convicted of [Illegible Text] stolen or feloniously taken the said goods, chattels, money or effects, so bought or received. SEC. 29. If the principal thief or thieves cannot be taken, [Illegible Text] as to be prosecuted and convicted, it shall be lawful to [Illegible Text] any person buying or receiving any goods, chattels, money [Illegible Text] effects, stolen or feloniously taken by such principal thief [Illegible Text] thieves, knowing the same to be stolen or feloniously taken, [Illegible Text] for a misdemeanor; and on conviction, such person shall be [Illegible Text] as prescribed in the preceding section; and a conviction under this section, shall be a bar to any prosecution under the 28th section. SEC. 30. If any person shall receive, harbour or conceal any person guilty of a crime punishable by death, or imprisonment and labour in the Penitentiary, knowing such person to be [Illegible Text], such person so receiving, harbouring, or concealing, shall be taken and deemed to be an accessory after the fact; and on [Illegible Text], shall be punished by imprisonment and labour in the Penitentiary for any time not less than one year, nor longer than three years. SEC. 31. If any person shall take or receive any money, goods, chattels, lands, or other reward, on promise to compound, or shall for any cause, compound any crime or offence punishable

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with death, or imprisonment and labour in the Penitentiary, such person so offending shall, on conviction, be punished by imprisonment and labour in the Penitentiary for any time not less than one year, nor longer than five years. SEC. 32. If any person informing or prosecuting under pretence of any penal law, shall compound with the offender, or direct the suit or information to be discontinued, unless it be by leave of the court where the same is pending, such person so offending, shall on conviction, pay a fine equal to so much of the penalty as he or she would be entitled to, if the defendant or party prosecuted had been found guilty or convicted. SEC. 33. If any two or more persons shall conspire or agree, falsely and maliciously, to charge and indict any innocent person of a crime, who is accordingly indicted and acquitted, such persons so conspiring, and each and every of them, shall on conviction, be punished by imprisonment and labour in the Penitentiary for any time not less than twelve months, nor longer than five years. SEC. 34. Common barrety is the offence of frequently exciting, and stirring up suits and quarrels between individuals, either [Illegible Text] law or otherwise. SEC. 35. Any person who shall be found and adjudged a common barreter, vexing others with unjust and vexatious suits, shall on conviction, be punished by a fine not exceeding five hundred dollars; and if the offender belongs to the profession of the law, he shall also be disqualified from practising for the future. SEC. 36. Embracery is an attempt to influence a jury corruptly to one side, by promises, persuasions, entreaties, money, [Illegible Text], and the like. Every embracer who shall procure a juror to take money, gain, or profit, or shall corruptly influence a juror by persuasions, promises, entreaties, or by any other means, shall on conviction, be punished by imprisonment and labour in the Penitentiary for any time not less than one year, nor longer than four years. And the juror convicted of [Illegible Text] money, gain, or profit, or of being [Illegible Text] influenced [Illegible Text] aforesaid, shall be punished by confinement and labour in the Penitentiary for any time not less than two years, nor longer than five years, and shall moreover be forever disqualified to act [Illegible Text] [Illegible Text] juror.

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SEC. 37. Any Justice of the Peace, charged with mal-practice in office, by using oppression, tyrannical partiality, or any other conduct unbecoming his character as an upright magistrate, in the administration, and under colour of his office, may be indicted, which indictment shall specially set forth the merits of the complaint, and a copy thereof be served on the defendant before the same is laid before the grand jury; and the prosecutor and the justice, and their witnesses, shall all have the right of appearing and being heard before the grand jury, which indictment, if found true by the grand jury shall, as in other cases, be tried by a petit juryand if the defendant be convicted, he shall be punished by fine, or imprisonment in the common jail of the county, or both at the discretion of the court; and shall moreover be removed from office, if still in office. SEC. 38. If any person shall knowingly send or deliver any letter or writing, threatening to accuse another person of a crime, with intent to extort money, goods, chattels, or other valuable thing; or threatening to maim, would, kill, or murder such person or any of his family, or to burn or otherwise destroy or injure his or her house, or other property, real or personal, though no money, goods, chattels, or other valuable thing be demanded, such person so offending shall on conviction, be punished by imprisonment and labour in the penitentiary for any time not less than two years, nor longer than four years. SEC. 39. Extortion shall consist in any public officer's unlawfully taking by colour of his office from any person, any money, or thing of value, that is not due to him, or more than is due. SEC. 40. Any public officer who shall by himself, his deputy, agent, or other person employed by him, be guilty of extortion in demanding and receiving other and greater fees than by law are allowed him, or shall by colour of his office, take from any person, any money or other thing of value, that is not due to him, or more than is due, such officer shall be subject to indictment, and on conviction, shall be punished by fine at the discretion of the court, and shall moreover be dismissed from office. SEC. 41. Any other offence against public justice not herein before provided for, shall be punished by fine, or imprisonment in the common jail, or both, at the discretion of the court. SEC. 42. If any prisoner in the Penitentiary shall assail, oppose or resist any officer of the Penitentiary, or any member of

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the guard, with any weapon or implement calculated to cause death or serious bodily injury, such prisoner so offending, shall be deemed guilty of mutiny, and on conviction thereof shall be punished by an additional term of imprisonment and labour in the Penitentiary, not less than two years, nor longer than five years, at the discretion of the court, to be computed from the expiration of the term of imprisonment and labour to which such prisoner shall have been previously sentenced. SEC. 43. If any person shall persuade, entice or instigate any prisoner to mutiny, such person so offending shall be guilty of a misdemeanor, and on conviction, shall be punished by confinement and labour in the Penitentiary for any time not less than two years, nor longer than five years, at the discretion of the court, to be computed, if a prisoner in the Penitentiary, from the expiration of the term of imprisonment and labour for which he shall have been previously sentenced. NINTH DIVISION. Offences against the public peace and tranquillity. SEC. 1. If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse upon being desired or commanded to do so by a judge, justice, sheriff, constable, coroner, or other peace officer, such persons so offending shall be guilty of a misdemeanor, and on conviction, shall be punished by fine, or imprisonment in the common jail, or both, at the discretion of the court. SEC. 2. If any two or more persons, either with or without a common cause of quarrel, do an unlawful act of violence, or any other act in a violent and tumultuous manner, such persons so offending shall be guilty of a riot, and on conviction, shall be punished by fine, or imprisonment in the common jail, or both, at the discretion of the court; but if the circumstances attending the riot shall be of an atrocious or aggravated nature,

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the offenders may be imprisoned at labour in the penitentiary for any time not less than one year, nor longer than three years. SEC. 3. Affrays are the fighting of two or more persons in some public place, to the terror of the citizens, and disturbance of the public tranquillity. Persons so offending, shall be indicted, and on conviction, shall be punished by fine or imprisonment in the common jail, or both, at the discretion of the court; and it shall be considered a great aggravation of this offence, if any contempt or disobedience of the magistrate or other peace officer commanding the peace, shall be proved. SEC. 4. If any person shall deliberately challenge by word or writing, the person of another, to fight with sword, pistol, or other deadly weapon; or if any person so challenged shall accept the said challenge, in either case, such person so giving or sending, or accepting any such challenge, shall on conviction be punished by a fine not less than five hundred dollars, and be imprisoned in the common jail of the county for any time not exceeding six months. Or, if the jury should so recommend, such person shall, in addition to the fine herein imposed, be punished by imprisonment and labour in the penitentiary for any time not less than one year, nor longer than two years. SEC. 5. If any person shall knowingly and wilfully carry and deliver any written or printed challenge, or verbally deliver any message or challenge to another to fight with sword, pistol or other deadly weapon; or shall consent to be a second in any such intended duel or combat, such person so offending shall, on conviction, be punished in the same manner as is prescribed in the preceding section. SEC. 6. If any person shall be engaged in the act of fighting a duel with sword, pistol or other deadly weapon, either as principal or second, such person shall be guilty of a high misdemeanor, and on conviction shall be punished by imprisonment and labour in the penitentiary for any time not less than four years, nor longer than eight years. Provided nevertheless, that if death should ensue from such duel, then all the parties, both principals and seconds, shall be guilty of murder, and suffer the punishment of death. SEC. 7. If any justice, or other public officer bound to preserve the public peace, shall have knowledge of an intention in any person or persons to fight with any deadly weapon, and shall not use and exert his official authority to arrest the parties,

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and prevent the duel, by binding over the parties concerned, to keep the peace towards each other, such judge, justice, or other peace officer so offending, shall on conviction, be dismissed from office. SEC. 8. If any person or persons shall, in any newspaper or hand bill, written or printed, publish or proclaim any other person or persons as a coward or cowards; or use any other opprobrious and abusive language for not accepting a challenge, or fighting a duel, such person or persons so offending shall, on conviction, be punished by a fine not exceeding five hundred dollars, and imprisonment in the common jail of the county not exceeding sixty days, at the discretion of the court. SEC. 9. A libel is a malicious defamation, expressed either by printing or writing, or signs, pictures, and the like, tending to blacken the memory of one who is dead, or the honesty, virtue, integrity, or reputation of one who is alive, and thereby expose him or her to public hatred, contempt or ridicule: Every person convicted of this offence, shall be punished by a fine not exceeding one thousand dollars, and by imprisonment in the common jail of the county for any time not exceeding one year, at the discretion of the court. SEC. 10. In all prosecutions under the two preceding sections of this division, the printer, or publisher of the newspaper, hand bill, or other publication containing the offensive or criminal matter, shall be a competent witness; and if such printer or publisher shall refuse to testify in the cause, or to give up the real name of the author, or person authorizing and causing the publication, so that he may be indicted; then such printer or publisher shall be deemed and considered the author himself, and be indicted and punished as such; and may moreover be punished for a contempt of the court, as any other witness refusing to testify. SEC. 11. In all cases of indictment for a libel, or for slander, the person prosecuted shall be allowed to give the truth in evidence. SEC. 12. Forcible entry is the violently taking possession of lands and tenements with menaces, force, and arms, and without authority of law. SEC. 13. Forcible detainer is the violently keeping possession

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of lands and tenements with menaces, force and arms, and without authority of law. SEC. 14. Any person who shall be guilty of a forcible entry, or a forcible detainer, or both, may be indicted, and on conviction shall be punished by fine, or imprisonment in the common jail of the county, or both, at the discretion of the court: And the court before whom the conviction takes place, shall cause restitution of possession of the premises to be made to the party aggrieved Provided always, that if the party forcibly detaining lands and tenements, or those under whom he claims, shall have been in peaceable possession of the same for the space of three years or more immediately preceding the filing of the complaint, such person or party shall not be subject to the penalties of this section, nor shall restitution of possession be made. And provided also, that the only questions to be submitted to, and determined by the jury in trials for forcible entry, or forcible detainer, shall be the possession, and the force, without regard to the merits of the title on either side. SEC. 15. Any one or more justice or justices of the peace, upon complaint made on oath, of any forcible entry into lands or tenements, or of any forcible detainer of the same, shall have power to draw a jury of twelve men from the jury box of the district in which the lands and tenements so alleged to be forcibly entered or detainad, are situated, and cause the sheriff of the county, or the constable of the district, to summon them to be and appear at the usual place of holding court of the said district, on a certain day to be appointed by the said justice or justices, for the purpose of trying the fact of such forcible entry or detainer: And the said justice or justices shall also issue a summons to be directed to the person or persons charged with such forcible entry, or detainer, and cause the same to be served on him or them by the sheriff, or by the constable, at least five days before the time appointed for trial, requiring him or them to appear and defend the charge alleged against him or them. And if all the jurors should not attend, or if there should be any legal objection to any of them, then the justice or justices may cause the jury to be completed by tales jurors: And upon the trial, the only facts which the jury shall inquire into, shall be the possession and the force; but they shall have no power to inquire into the merits of the title on either side. The following oath shall be administered to the jurors, viz:You shall well and truly inquire whether A. B. has made any forcible entry into the lands or tenements of C. D. and him ejected therefrom, or forcibly detains the lands or tenements of the said C. D. and a true verdict give according to the facts as they

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may appear to you in evidenceSo help you God. And if upon the trial of such case, the jury shall find such forcible entry or forcible detainer, or both, then the said justice or justices shall give judgment accordingly, and cause the sheriff to make restitution of possession of the premises to the party aggrieved. Provided nevertheless, that if the person or persons charged with such forcible entry or detainer, or those under whom he or they claim, shall have been in peaceable possession of the premises for the space of three years or more, as aforesaid, then no restitution of possession shall be made. And provided also, that no proceedings under this section shall exempt any person guilty of a forcible entry or detainer, from indictment and punishment under and by virtue of the preceding section of this division. SEC. 16. All other offences against the public peace, not provided for in this code, shall be prosecuted and indicted as heretofore, and the punishment in every case shall be by fine, or imprisonment in the common jail of the county, or both, at the discretion of the court. TENTH DIVISION. Offences against the public morality, health, police, and decency. SEC. 1. Polygamy, or Bigamy, shall consist in knowingly having a pluarality of husbands, or wives at the same time. SEC. 2. If any person or persons within this State, being married, do or shall at any time hereafter marry any person or persons, the lawful husband or wife being alive, and knowing that such lawful husband or wife is living, such person or persons so offending, shall on conviction, be punished by confinement at labour in the Penitentiary for any time not less than two years nor longer than four years, and the second marriage shall be void; but five years absence of the husband or wife, and no information of the fate of such husband or wife, shall be sufficient cause of acquittal of the person indicted; and in every case the issue of such second marriage, born before the commencement

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of any prosecution for polygamy, or within the ordinary time of gestation thereafter, shall, notwithstanding the invalidty of such marriage, be considered as legitimate. SEC. 3. If any man or woman being unmarried, shall knowingly marry the wife or husband of another person, such man or woman, shall on conviction, be punished by imprisonment and labour in the penitentiary, for any time not less than one year, nor longer than three years. SEC. 4. If any person shall commit incestuous fornication or adultery, or intermarry within the levitical degrees of consanguinity or affinity, such person so offending shall, on conviction, be punished by imprisonment and labour in the Penitentiary for any time not less than one nor longer than three years; and such marriage shall be void. SEC. 5. Any man and woman who shall live together in a state of adultery, or fornication, or of adultery and fornication; or who shall otherwise commit adultery, or fornication, or adultery and fornication, shall be severally indicted, and on conviction, such offenders shall be severally fined or imprisoned in the common jail of the county, or both, at the discretion of the court: Provided, that the fine shall not exceed the sum of five hundred dollars, and the imprisonment shall not extend beyond the term of sixty days. But it shall at any time be in the power of the parties to prevent or suspend the prosecution, and the punishment by marriage, if such marriage can be legally solemnized. SEC. 6. Any person who shall be guilty of open lewdness, or any notorious act of public indecency, tending to debauch the morals; or of keeping open tippling-houses on the sabbath day or sabbath night, shall on conviction, be fined, or imprisoned in the common jail, or both, at the discretion of the court. SEC. 7. If any person shall maintain and keep a lewd house, or place for the practice of fornication, or adultery, either by himself or herself, or others, he or she so offending shall, on conviction, be punished by fine, or imprisonment in the common jail, or both, at the discretion of the court. SEC. 8. Any person who shall keep and maintain, either by himself or herself, or others, a common ill governed and disorderly house, to the encouragement of idleness, gaming, drinking, or other misbehaviour, or to the common disturbance of the

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neighbourhood or orderly citizens, such person so offending shall, on conviction, be punished by fine, or imprisonment in the common jail, or both, at the discretion of the court. SEC. 9. If any person shall, by himself, servant or agent, keep, have, use, or maintain, a gaming-house or room; or shall in any house, place, or room, occupied by him, permit persons with his knowledge to come together and play for money, or any other valuable thing, at any game of faro, loo, brag, bluff, or any other game played with cards, such person so offending shall, on conviction, be fined in a sum not exceeding five hundrad dollars, and imprisoned in the common jail of the county for any time not exceeding three months. SEC. 10. If any person shall, by himself, or servant, or any other agent, keep or employ any faro table, E. O. table, or A. B. C. table, or other table of like character, and shall, either by himself or agent, preside or deal at any faro table, or use any E. O. or A. B. C. table, or other table of like character, for the purpose of playing and betting at the same, such person so offending shall, on conviction, be fined in a sum not exceeding five hundred dollars, or be imprisoned in the common jail of the county, for any time not exceeding six months, or both, at the discretion of the court. SEC. 11. If any person shall play and bet at any game of faro, loo, brag or bluff, or shall play and bet at any E. O. or A. B. C. table, or any other table of like character, such person so offending shall, on conviction, be fined in a sum not less than twenty, nor more than one hundred dollars. SEC. 12. On the trial of any person for offending against the three preceding sections of this division, any other person who may have played and betted at the same time or table, shall be a competent witness, and be compelled to give evidence, and nothing then said by such witness shall at any time be received or given in evidence against him in any prosecution against the said witness, except on an indictment for perjury, in any matter to which he may have testified. SEC. 13. It shall be the duty of the judges of the superior courts of this state, at the opening or commencement of every court, to give in charge to the grand juries, respectively, the substance of the sections contained in this code, relative to gambling. SEC. 14. It shall be lawful for any lawful officer, with legal authority to break open suspected rooms or houses, where it is

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commonly known that gaming is carried on, and to take any persons found gaming, and bind or cause them to be bound over to the next superior court to be held in and for the county where such offences may be committed; and if such person or persons so found gaming, shall fail or refuse to give security for his or their appearance at court to answer for such offences, then it shall be lawful to commit such person or persons to jail. SEC. 15. Any butcher, or other person, selling the flesh of a diseased animal, or other unwholesome provisions, shall be indicted, and on conviction, shall be punished by fine, or imprisonment in the common jail, or both, at the discretion of the court. SEC. 16. Any baker, brewer, distiller, merchant, grocer, or other person, selling unwholesome bread, drink, or pernicious and adulterated liquors, knowing them to be so, shall be indicted, and on conviction, shall be fined or imprisoned in the common jail, or both, at the discretion of the court. SEC. 17 If any person shall practice physic or surgery, or any of the branches thereof, except midwifery, or in any case prescribe for the cure of diseases, for fee or reward, without a license first had and obtained for that purpose from the Board of Physicians of the state of Georgia, such person shall be indicted for a misdemeanor, and on conviction, shall be fined in a sum not exceeding five hundred dollars for the first offence; and for the second offence be fined in a sum not less than two hundred nor more than five hundred dollars, and imprisoned in the common jail of the county, not longer than two months; one half of the said fine in either case for the use of the informer, and the other half for the use of the county: Provided nevertheless, that this section shall not apply to or operate on any person who was practicing medicine or surgery within this state on the twenty-fourth day of December, in the year eighteen hundred and twenty-five. SEC. 18. If any apothecary, unless he is a licensed physician, shall vend or expose to sale any drugs or medicines without previously obtaining a license to do so from the Board of Physicians of the state of Georgia, such apothecary shall be indicted for a misdemeanor, and on conviction be punished as is prescribed in the preceding section: Provided, that nothing herein contained shall so operate as to prevent merchants and shop-keepers from vending or exposing to sale any medicines or drugs already prepared: And provided also, that this section shall not operate

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against or upon any person or persons who has or have been engaged in the sale of drugs or medicines as apothecaries previous to the twenty-fourth day of December, in the year eighteen hundred and twenty-five. SEC. 19. On the trial of any indictment for either of the offences mentioned in the two preceding sections, it shall be incumbent on the defendant to show that he has been acting under a licence from the Board of Physicians of the state of Georgia, to exempt himself from the penalties of the section under which he may be indicted. SEC. 20. Any physician, surgeon or other person, wilfully endeavouring to spread the small pox, without inoculation, or by inoculation with matter of the small pox, or using any other inoculation than that called vaccination, unless by special commission or authority from the inferior court of the county where the small pox shall make its appearance, shall be indicted, and on conviction fined in a sum not exceeding one thousand dollars, and be imprisoned in the common jail at the discretion of the court. SEC. 21. Any person who shall come into this state by land or water from any place infected with a contagious disease, and in violation of quarantine regulations, shall be indicted in any county in this state in which he may be found, and on conviction, sentenced to pay a fine not exceeding five hundred dollars, and also be imprisoned in the common jail, at the discretion of the court. SEC. 22. Any person wandering or strolling about, or leading an idle, immoral, profligate course of life, who has no property to support him, and who is able to work, or otherwise to support himself in a respectable way, shall be deemed and considered a vagrant, and may be arrested by a warrant issued by any justice of the Peace, mayor or alderman, and bound in sufficient security for his good behaviour and future industry for one year; and upon his refusal or failure to give such security, he shall be committed and indicted as a vagrant, and on conviction, shall be punished by confinement and labour in the Penitentiary for any term not less than two years, nor longer than four years. SEC. 23. If any person shall be apprehended, having upon him or her, any picklock, key, crow, bit, or other instrument, with intent to break and enter into any dwelling-house, ware-house,

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store, shop, coach-house, stable, or out-house, in order to steal or commit any other crime; or shall have upon him any pistol, hanger, cutlass, bludgeon, or other offensive weapon, with intent to commit a crime on any person, which if committed, would be punishable by death, or confinement in the Penitentiary; or shall be found in or upon any dwelling-house, ware-house, store, shop, coach-house, stable, or out-house, with intent to steal any goods or chattels, every such person shall be deemed a rogue and vagabond, and on conviction, shall be punished by confinement and labour in the Penitentiary for any time not less than one year, nor longer than five years, or by imprisonment in the common jail of the county, at the discretion of the court. SEC. 24. All nuisances not here mentioned, which tend to annoy the community, or injure the health of the citizens in general, or to corrupt the public morals, shall be indictable, and punishble by fine, or imprisonment in the common jail of the county, or both, at the discretion of the court. And any nuisance which tends to the immediate annoyance of the citizens in general, is manifestly injurious to the public health and safety, or tends greatly to corrupt the manners and morals of the people, may be abated and suppressed by the order of any two or more justices of the peace of the county, founded upon the opinion and verdict of twelve freeholders of the same county, who shall be summoned, sworn and empanelled for that purpose; which order shall be directed to, and executed by the sheriff of the county or his deputy. And if the nuisance exist in a town or city, under the government of a mayor, intendant, aldermen, wardens, or a common council, or commissioners, such nuisance, by and with the advice of said aldermen, wardens, or council, or commissioners, may be abated and removed, by order of said mayor or intendant, or commissioners, which order shall be directed to and executed by the sheriff or marshal of said town or city, or his deputy; and reasonable notice shall in every case be given to the parties interested, of the time and place of meeting of such justices and freeholders, or of such mayor, intendant and aldermen, wardens or council, or commissioners. Provided always, that when the nuisance complained of, is a grist or saw-mill, or other water machinery of valuable consideration, the same shall not be destroyed or abated, except upon the affidavits of two or more freeholders, before one or more of the justices of the inferior court of the county in which the nuisance complained of may exist, testifying that the health of the neighbourhood according to their opinion and belief, is materially injured by such mill dam, or other obstruction to a water course by other machinery, as may be complained

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of; whereupon it shall be the duty of such inferior court, as soon as practicable, to cause a jury of twelve men to be drawn from the jury box, and summoned for the trial of the cause, who together with the said court shall attend at the court-house of said county to adjudge the case of nuisance complained of; and both parties shall have a reasonable time allowed them to summon their witnesses and procure their attendance. SEC. 25. If any person or persons shall remove the dead body of any human being, from the grave, or other place of interment, or from any vault, tomb, or sepulchre, or from any other place, without the consent of the friends of said deceased, except male-factors executed under sentence of the law, for the purpose of selling or dissecting the same, or from mere wantonness, such person or persons so offending shall be punished by fine or imprisonment in the common jail of the county, or both, at the discretion of the court; and any person who shall receive or purchase such dead body, knowing it to have been disintered or removed from any tomb, vault or sepulchre, or such other place, for the purposes aforesaid, shall on conviction receive the same punishment. SEC. 26. If any putative father of a bastard child or children, shall refuse or fail to give security for the maintenance and education of such child or children, when required to do so in terms of the law, such putative father shall be indicted for a misdemeanor, and on conviction of the fact of being the father of such bastard child or children, and of his refusal or failure to give such security, he shall be punished by a fine of seven hundred dollars for each child, which said fine shall be paid over to the inferior court of the county, to be by them improved and applied from time to time as occasion may require, for the maintenance and education of such child or children; and if the offender is unable to pay the said fine or fines, he shall be punished by imprisonment in the common jail for the space of three months. SEC. 27. If any person shall keep a tippling shop, or retail liquors, or sell by retail in quantities less than one quart, any wine, brandy, rum, gin, whiskey or other spirituous liquors, or any mixture of such liquors in any house, booth, arbour, stall or other place whatever, without license from the inferior court of the county, except in corporate towns or cities, where by law, authority to grant licenses is vested in the corporate authorities of such towns or cities, such person so offending shall be guilty of a misdemeanor, and on conviction shall be fined in the sum

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of fifty dollars; and on failure to pay such fine, shall be imprisoned in the common jail for the space of thirty days. SEC. 28. If any minister of the gospel, judge, justice of the inferior court or justice of the peace, shall join together in matrimony any man and woman, without a license, or publication of banns as provided by law; or where either of the parties within his own knowledge shall be an idiot or lunatic, or subject to any other disability which would render such contract or marriage improper and void, such minister, judge, justice of the inferior court, or justice of the peace, shall be guilty of a misdemeanor, and on conviction shall be fined in a sum not less than one hundred dollars, nor more than five hundred dollars, which said fine, when collected, shall be paid over to the justices of the inferior court of the county where the offence was committed, for the use of the poor school fund of said county. SEC. 29. If any person shall hereafter vote more than once at any election which may be held in any county of this State, or vote out of the county in which he may usually reside, for members of the legislature, or for county officers, such person shall be indicted for a misdemeanor, and on conviction, shall be punished by imprisonment and labour in the penitentiary, for any time not less than one year, nor more than two years. SEC. 30. If any person being twenty-one years of age or upwards, shall hereafter buy or sell a vote, or be concerned in buying or selling a vote, or shall unlawfully vote at any election which may be held in any county in this State, such person shall be indicted for a misdemeanor, and on conviction, shall be punished by imprisonment and labour in the penitentiary for a term not less than one year, nor more than four years. ELEVENTH DIVISION. Offences committed by cheats and swindlers, and offences against public trade. SEC. 1. If any person by false representation of his own respectability, wealth, or mercantile correspondence and connections,

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shall obtain a credit, and thereby defraud any person or persons of any money, goods, chattels, or any other valuable thing; or if any person shall cause or procure others to report falsely of his honesty, respectability, wealth, or mercantile character, and by thus imposing on the credulity of any person or persons, shall obtain a credit, and thereby fraudulently get into possession of goods, wares, or merchandize, or any other valuable thing or things, such person so offending, shall be deemed a cheat and swindler, and on conviction, shall be punished by fine, or imprisonment in the common jail of the county, or both, at the discretion of the court; and such person shall moreover be compelled by the order and sentence of the court, to restore to the party injured the property so fraudulently obtained, if it can be done. SEC. 2. If any person or persons shall, by any fraud or shift, circumvention, deceit, or unlawful trick, or device, or ill practice whatever, in playing at cards, dice, or any game, or games, or in or by bearing a share or part in the stakes, wagers, or adventures; or in or by betting on the sides or hands of such as do or shall play, obtain, or acquire to him or themselves, or to any other or others any money, or other valuable thing or things whatever, such person or persons so offending, shall be indicted, and on conviction, shall be deemed a cheat, and shall be sentenced to pay a fine of five times the value of the money or other thing so won as aforesaid, and shall also be imprisoned in the common jail of the county, at the discretion of the court. SEC. 3. Any baker or other person, selling bread under the assize established by the corporation of any city, town, or village, or the rules laid down by any law, shall be deemed a cheat, and on conviction, shall be punished by fine, or imprisonment in the common jail of the county, or both, at the discretion of the court. SEC. 4. If any person shall sell by false weights or measures, he or she shall be demed a common cheat, and on conviction, shall be punished by fine, or imprisoment in the common jail of the county, or both, at the discretion of the court. SEC. 5. The offences of forestalling, regrating and engrossing, are hereby abolished. SEC. 6. If any person shall fraudulently counterfeit, or be concerned in fraudulently counterfeiting any brand or mark

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directed by law, or shall fraudulently cause or procure the same to be done, or shall use, export, sell, exchange, barter, or expose to sale, any bale, cask, barrel, hogshead, or vessel of any kind, or any other thing upon which a brand or mark is directed by law to be made, with such counterfeit brand or mark, knowing the same to be false and counterfeit, such person so offending shall, on conviction, be deemed a cheat, and be punished by a fine not exceeding two hundred dollars, and imprisonment in the common jail of the county for a term not exceeding six months. SEC. 7. Any person who shall put or cause to be put into any bale or bales of cotton, hogshead or hogsheads, barrel or barrels, cask or casks of sugar or rice, pork, beef, or other provisions, any dirt, rubbish, or other thing, for the purpose of adding to and increasing the weight or bulk of said cotton, sugar, rice, beef, pork, or other provisions or things, shall be deemed a common cheat, and on conviction, shall be punished by a fine equal to the value of the thing thus fraudulently packed or put up, and imprisonment and labour in the Penitentiary for any time not less than one year, nor longer than five years. The bare possession or ownership of such commodities so fraudulently packed or put up, shall not of itself authorize a conviction where sufficient evidence of knowledge or privity on the part of the owner, or the person in possession, may not be produced before the court and jury. SEC. 8. If any person shall falsely personate another, and thereby fraudulently obtain any money, goods, chattels, or other thing or things of value; or with the intention of thereby fraudulently obtaining any money, goods, chattels, or other valuable thing, such person so offending shall be deemed a cheat and swindler, and on conviction shall be punished by imprisonment and labour in the penitentiary for any time not less than one year, nor longer than five years; or in trivial cases, by fine and imprisonment in the common jail, at the discretion of the court. SEC. 9. Any person using any deceitful means, or artful practice (other than those which are mentioned and provided against in this code) by which individuals or an individual, or the public, are or is defrauded and cheated, such person so offending shall be deemed a common cheat and swindler, and on conviction shall be punished by fine or imprisonment in the common jail, or both, at the discretion of the court.

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SEC. 10. If any person shall falsely represent or personate another, and in such assumed character shall answer as a witness to interrogatories, or do any other act in the course of any suit, proceeding or prosecution, or in any other way, matter or thing, whereby the person so personated or represented, or any other person, might suffer damage, loss or injury, such person so offending shall, on conviction, be punished by confinement and labour in the Penitentiary for any time not less than one year, nor more than five years. SEC. 11. If any person by false representation of his or her solvency, shall induce another to become his or her bail, indorser, or security upon any recognizance, bond, note, bill of exchange, or other instrument for the payment of money, or performance of any personal duty, knowing at the time that he or she is insolvent; and such bail, indorser, or security shall suffer loss or damage in consequence of such undertaking and liability on his part, such person so offending shall be guilty of a misdemeanor, and on conviction shall be punished by fine and imprisonment in the common jail, at the discretion of the court. SEC. 12. If any pedlar or itinerant trader shall sell or vend any goods, wares, or merchandise, except such as are excepted by law, within this State, without a license from the proper authority for that purpose, such pedlar or itinerant trader shall be guilty of a misdemeanor, and on indictment and conviction thereof, shall be fined in a sum not less than one thousand dollars, nor more than three thousand dollars, to be applied as pointed out by law; and the defendant shall stand committed until the said fine be paid. TWELFTH DIVISION. Fraudulent or Malicious Michief. SEC. 1. If any person shall fraudulently or maliciously tear, burn, or in any other way destroy any deed, lease, will, bond, or other writing sealed; or any bank bill or note, check, draft,

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or other security for the payment of money or the delivery of goods; or any certificate, or other public security of this State, or of the United States, or any of them, for the payment of money; or any receipt, acquittance, release, discharge of any debt, suit, or other demand; or any transfer or assurance of money, stock, goods, chattles, or other property; or any letter of attorney or other power; or any day-book, or other book of accounts; or any agreement or contract whatever, with intent to defraud, prejudice, or injure any person or body politic or corporate, such person so offending shall, on conviction, be punished by imprisonment and labour in the Penitentiary for any time not less than one year, nor longer than four years; or in trivial cases, by imprisonment in the common jail, or by fine, or both, at the discretion of the court. SEC. 2. If any person shall knowingly, maliciously, or fraudulently, cut, fell, alter, or remove any certain boundary tree, or other allowed land-mark, to the wrong or injury of his neighbour or any other person, such person so offending shall, on conviction, be punished by a fine not exceeding five hundred dollars, and imprisonment in the common jail of the county for any time not exceeding one year. SEC. 3. If any person or persons shall maliciously or without authority, cut down, remove, or destroy any beacon or beacons, buoy or buoys, erected by any Commissioners of Pilotage, or other person or persons duly authorized for that purpose, such person or persons so offending shall, on conviction, be punished by confinement and labour in the Penitentiary for any time not less than two years, nor longer than five years. SEC. 4. Any person or persons who shall wilfully and maliciously set fire to, or burn, any stack or stacks of corn, fodder, grain, straw, or hay, shall, on conviction, be punished by imprisonment and labour in the Penitentiary for any time not less than one year, nor longer than three years. SEC. 5. If any person shall wilfully and maliciously set on fire, or cause to be set on fire, any woods, lands, or marshes within this State, so as thereby to occasion loss, damage, or injury to any other person, such person so offending shall, on conviction, be punished by imprisonment in the common jail for any time not exceeding six months, at the discretion of the court. SEC. 6. If any person shall wilfully and maliciously set fire to any fence or fences, or other enclosure, or cause or procure

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the same to be done, or shall take from such fence or enclosure any rail or rails, or other material of which the same is made or composed, for the purpose of using the same as fuel, such person so offending shall, on conviction, be punished by fine and imprisonment in the common jail of the county, at the discretion of the court. SEC. 7. If any person shall unlawfully, wilfully, and maliciously break down, open, cut through, injure or destroy any bridge, river or meadow bank, rice dam, mill dam, or any other dam or bank, such person so offending shall, on conviction, be punished by confinement and labour in the Penitentiary not less than one year, nor more than three years, or by fine and imprisonment in the common jail, at the discretion of the court. SEC. 8. If any person shall maliciously maim or kill any horse, mule, bull, steer, ox, cow, calf, heifer, or other animal falling under the description herein before given of horses or cattle; or shall maliciously kill a hog or hogs; such person so offending shall, on conviction, be punished by fine or imprisonment in the common jail, at the discretion of the court. SEC. 9. If any person shall maliciously injure or destroy any turnpike gate or gates, or any post or posts, rail or rails, wall or walls, or any chain, bar, or other fence belonging to any turnpike gate; or any house or houses erected, or to be erected for the use of any such turnpike gate or gates; or shall wilfully and maliciously injure or destroy any lock or locks, or other works erected to protect and secure the navigation of any river or canal in this State, every such person so ofending shall, on conviction, be punished by imprisonment and labour in the Penitentiary for any time not less than one year, nor longer than four years. SEC. 10. If any person shall wilfully and maliciously burn, or set fire to any ship, boat, or other vessel, above the value of two hundred dollars, along side of any wharf or at anchor in any river, or in any waters in this State; or if any person shall wilfully and maliciously make, or assist in making, any hole in the bottom, side, or any other part of any ship, boat or other vessel above the value aforesaid, or do any other act tending to the loss or destruction of such ship, boat, or other vessel, within the waters of this state as aforesaid, such person so offending shall, on conviction, be punished by imprisonment and labour in the Penitentiary for any time not less than three years, nor longer than seven years. And if the ship, boat, or other vessel

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thus injured or destroyed as aforesaid, be of the value of two hundred dollars, or under that value, then the person convicted of injuring or destroying such ship, boat, or other vessel as aforesaid, shall be punished by fine or imprisonment in the common jail of the county, or both, at the discretion of the court. SEC. 11. If any person shall wilfully and maliciously cut down, injure, or destroy any tree or trees, planted or growing in any town, village, or city, or in any avenue, yard, garden, orchard or plantation, for ornament, shelter, shade, or profit, such person so offending shall, on conviction, be punished by fine or imprisonment in the common jail of the county, or both, at the discretion of the court. SEC. 12. If any person shall wilfully or maliciously break, deface, destroy, or remove any mile stone or post, or any guide board erected upon any public road or highway, or alter any mark or inscription upon any such mile stone or post, or guide board, such person so offending shall be indicted for a misdemeanor, and on conviction shall be punished by a fine not exceeding fifty dollars, or imprisonment in the common jail not exceeding thirty days. SEC. 13. If any person shall commit any trespass by wilfully and maliciously severing from the land of another, any produce thereof, such person so offending shall be indicted for a misdemeanor, and on conviction shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the common jail not exceeding thirty days. THIRTEENTH DIVISION. Offences relative to Slaves. SEC. 1. If any person or persons shall bring, import, or introduce into this state, or aid or assist, or knowingly become concerned or interested, in bringing, importing, or introducing into

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this state, either by land or by water, or in any manner whatever, any slave or slaves, each and every such person or persons so offending, shall be deemed principals in law, and guilty of a high misdemeanor, and may be arrested and tried in any county in this state, in which he, she or they may be found, and on conviction, shall be punished by a fine not exceeding five hundred dollars each, for each and every slave, so brought, imported, or introduced, and imprisonment and labour in the Penitentiary for any time not less than one year, nor longer than four years: Provided always, that this act shall not extend to any citizen of this state residing or domiciliated therein; nor to any citizen of any other state coming into this state, with intent to settle and reside, and who shall on so coming in, actually settle and reside therein; who shall bring, import, or introduce into this state from any other state of the United States, any slave or slaves for the sole purpose of being held to service or labour by the person or persons so bringing, importing or introducing such slave or slaves, his heirs, executors or administrators, and without intent to sell, transfer, barter, lend, hire, mortgage, procure to be taken or sold under execution or other legal process, or in any other way or manner to alien or dispose of such slave or slaves, so as to vest the use and enjoyment of the labour or service of such slave or slaves in any other person or persons than the person or persons so bringing, importing or introducing such slave or slaves, or in his or her heirs, executors, administrators, legatees, or distributees, whether such sale, transfer, barter, loan, hiring, mortgage, procurement of levy or sale, under execution or other legal process, or alienation, or disposition of such slave or slaves, shall be for the life or lives of such slave or slaves or for any other period of time: And provided further, that any person or persons hereby authorized to bring, import, or introduce any slave or slaves into this state, shall, before such slave or slaves is or are actually so brought, imported or introduced therein, go before the clerk of the superior court of some county in this state, and make and subscribe an affidavit in writing, which shall be lodged with such clerk, stating that he or she is about to bring, import and introduce into this state, a slave or slaves in terms of this act, particularly describing such slave or slaves by their names, ages and qualifications; that he or she is the true and lawful owner of such slave or slaves; that the said slave or slaves is or are about to be brought, imported or introduced into this state, for the sole purpose of being held to service and labour by him or her, his or her heirs, executors, administrators, legatees or distributees, and without any intention to sell, transfer, barter, lend, hire, mortgage, procure to be taken or sold under execution, or other legal process, or in any way or manner to

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alien, or dispose of said slave or slaves, so as to vest the use or enjoyment of the labour or service of such slave or slaves in any other person or persons, either for the life or lives of said slave or slaves, or for any other period of time, or in any way or manner, to defeat, avoid, or elude the true intent and meaning of this act: and a similar oath stating the actual importation of such slave or slaves, shall be made by such person before the clerk of the superior court of the county where such person resides, or intends to settle and reside, of which a certificate and copy of the affidavit shall in each case be granted by such clerk. SEC. 2. No person or persons whatever shall be exempted from the penalties mentioned in the preceding section, who shall fail or neglect to comply with the requisites therein mentioned and specified, or who shall fail or neglect to make and subscribe the said affidavits in manner and form as therein set forth. SEC. 3. In all cases of prosecution under the first section of this division, or under this act, it shall be sufficient to allege in the indictment that the slave or slaves, was or were, brought, imported, or introduced into this State, contrary to the true intent and meaning of this act. SEC. 4. Any person or persons claiming an exemption from the penalties of the first section of this division or act, shall plead specially such his defence, and shall be held to due proof thereof, and the jury shall be specially charged to inquire into the intent of such person or persons, which intent may be inferred from the circumstances of the case, and any sale, transfer, barter, loan, hiring, mortgage, procurement of levy or sale under execution, or other legal process, or other alienation or disposition of such slave or slaves, for the life or lives of such slave or slaves, or for any other period of time; or any offer to sell, transfer, barter, lend, hire, mortgage, procure to be levied on or sold under execution, or other legal process, or in any way or manner to alien or dispose of such slave or slaves, for the life or lives of such slave or slaves, or for any other period of time, so as to vest the use or enjoyment of the labour or service of such slave or slaves, for the life or lives of such slave or slaves, or for any other period of time, in any other person or persons, than the person or persons so importing or introducing such slave or slaves into this State, his or her heirs, executors, administrators, legatees, or distributees, contrary to the true intent and meaning of this act, if made within one year after such slave or slaves shall have been brought, imported, or

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introduced into this State, shall be conclusive evidence of such unlawful intent in violation of this act. SEC. 5. This act shall not extend to prevent any person travelling into this State, from bringing therein any such slave or slaves as may be needful for his or her comfortable and usual attendance upon his or her journey; nor to any person or persons bringing into this State any slave or slaves found on board any ship or vessel which may be taken as a prize of war, or seized for an infraction of any law of the United States, and brought into this State in such ship or vessel at the time of such capture or seizure; but it shall not be lawful to sell, or in any manner contrary to this act, to dispose of said slave or slaves within this State, and such sale or other disposition of such slave or slaves in any way or manner forbidden by this act, or offer to sell or dispose of the same, shall be conclusive evidence of an intent to bring such slave or slaves into this State, contrary to the true intent and meaning of this act, and shall subject the offender to the fine and imprisonment specified and set forth in the first section of this division or act; and the same obligations shall be imposed upon any person or persons claiming an exemption under this section, and the same rules shall obtain as to the pleadings and the evidence, and the jury shall exercise the same power of judgment of the fairness of the intent, as is given and are provided in the preceding sections of this division. SEC. 6. If any person or persons shall purchase, hire, receive, or get into his, her or their possession any slave or slaves, knowing such slave or slaves to have been imported or introduced into this State illegally, and contrary to the true intent and meaning of this act, such person or persons so offending, shall be guilty of a high misdemeanor, and on conviction therefor, shall be fined in a sum not exceeding five hundred dollars, for each and every slave so illegally in his possession. And it shall be the duty of every civil and militia officer in this State to aid and assist in carrying this law into effect. SEC. 7. This act shall not extend to prevent any person or persons from giving, hiring, or loaning any negro or negroes to his, her, or their legal child or children, for one year or more: Provided, that such child or children do and shall keep and retain such slave or slaves, for the space of one year from the time of receiving such slave or slaves, or otherwise, such child

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or children so receiving, shall be subject to the pains and penalties of this act. SEC. 8. It shall be the duty of every clerk of the superior court, before whom any oath required to be taken by this act, shall be made, to keep a bound book, in which shall be recorded the affidavits required to be made, and the certificates necessary to be given, agreeably to the provisions of this act, and also to record in said book, all other instruments of writing, or statements which may be necessary to be made to him for carrying the intention and provisions of this act into effect. And every such clerk shall receive as a compensation for the services necessary to be performed by him by virtue of this act, the sum of three dollars, to be paid by the person for whose interest the services may be performed. SEC. 9. Any person who shall conceal, harbour or hide, or cause to be concealed, harboured, or hidden, any slave, to the injury of the owner thereof, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by fine, not exceeding the value of the slave, or imprisonment in the common jail of the county, or both, at the discretion of the court: Provided nevertheless, that on the trial of this offence, the person charged with it, shall be acquitted, if he or she had an apparent well founded claim to the slave so harboured or concealed, and had been peaceably possessed of him twelve months next preceding the commencement of such harbouring or concealing; and on every conviction for concealing or harbouring a slave, the owner of such slave may recover damages in a civil suit for the loss of the labour and services of such slave, notwithstanding such conviction. SEC. 10. Any person who shall remove or carry, or cause to be removed or carried away out of this state, or any county thereof, any slave, being the property of another person, without the consent of the owner, or other person having authority to give such consent, and without any intention or design, on the part of the offender, to sell, or otherwise appropriate the said slave to his own use, or to deprive the owner of his property in said slave, shall be guilty of a misdemeanor, and be punished by fine or imprisonment in the common jail of the county, or both, at the discretion of the court. SEC. 11. Any person except the owner, overseer, or employer of a slave, who shall beat, whip, or wound such slave; or any person who shall beat, whip, or wound a free person of colour,

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without sufficient cause or provocation being first given by such slave or free person of colour, such person so offending may be indicted for a misdemeanor, and on conviction shall be punished by fine or imprisonment in the common jail of the county, or both, at the discretion of the court; and the owner of such slave, or guardian of such free person of colour, may, notwithstanding such conviction, recover in a civil suit, damages for the injury done to such slave or free person of colour. SEC. 12. Any owner or employer of a slave or slaves, who shall cruelly treat such slave or slaves, by unnecessary and excessive whipping, by withholding proper food and sustenance, by requiring greater labour from such slave or slaves than he, she, or they are able to perform, or by not affording proper clothing, whereby the health of such slave or slaves may be injured and impaired, or cause or permit the same to be done: every such owner or employer shall be guilty of a misdemeanor, and on conviction, shall be punished by fine, or imprisonment in the common jail of the county, or both, at the discretion of the court. SEC. 13. If any person shall buy or receive from any slave, any amount of money exceeding one dollar, or any cotton, tobacco, wheat, rye, oats, corn, rice, or poultry of any description whatever, or any other article, commodity or thing (except brooms, baskets, foot and bed mats, shuck collars, and such other thing or things, article or articles, as are usually manufactured or vended by slaves, for their own use only) without written permission from the owner, overseer, or employer of such slave, or some other person authorized to give such permission; authorizing such slave to sell and dispose of said money or other article or articles; such person so offending shall be guilty of a misdemeanor; and on conviction, be punished by fine, or imprisonment in the common jail of the county, or both, at the discretion of the court. If any owner, overseer, employer, shop keeper, store keeper, or any other person whatsoever, shall sell to or furnish any slave or slaves, or free person of colour, with spiritous liquor, wines, cider, or any intoxicating liquors, for his own use or for the purpose of sale, such person so offending shall, upon conviction thereof, pay a fine of not less than ten dollars, nor more than fifty dollars, for the first offence, and upon a second conviction, to be subject to fine and imprisonment in the common jail of the county, at the discretion of the court, not to exceed sixty days imprisonment and five hundred dollars fine: Provided, nothing herein contained shall prevent the owner, overseer or employer, from furnishing their slaves, or those

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under their care, with such quantity of spirits, c. as they may believe is for the benefit of such slave or slaves, but in no case to permit them in any way to furnish others therewith. SEC. 14. If any slave or slaves shall be found in any store-house or tippling shop, unless sent by his, her, or their owner, overseer or employer, after the hour of nine o'clock at night, or before day break in the morning, or on the sabbath day, it shall be taken and received as presumptive evidence against the person or persons owning, or person keeping the store or tippling shop, of a violation of the thirteenth section of this division, which presumption may be rebutted by any other circumstance in favour of the accused. SEC. 15. If any person shall sell or deliver to any slave or slaves, any goods, wares or merchandize, or any other thing or things, unless it be in exchange for some article or articles, which the owner, overseer, or employer of such slave or slaves, may have authorized such slave or slaves to trade or deal in according to the provisions of the thirteenth section of this division, such person so offending, shall be guilty of a misdemeanor, and on conviction, shall be punished by fine, or imprisonment in the common jail of the county, or both, at the discretion of the court. SEC. 16. It shall be the duty of the judges of the superior courts, at the commencement of every term, to give in charge to the grand jury the substance and intention of the sections of this division, in regard to trading with slaves. SEC. 17. If any person shall give a ticket, pass, or license to any slave, who is the property, or under the care and control of another, without the consent of the owner, or other person having the care or control of such slave, such person so offending shall be guilty of a misdemeanor, and on conviction, shall be fined in a sum not exceeding fifty dollars. SEC. 18. If any person shall teach any slave, negro, or free person of colour, to read or write, either written or printed characters, or shall procure, suffer, or permit, a slave, negro, or person of colour, to transact business for him in writing, such person so offending, shall be guilty of a misdemeanor, and on conviction, shall be punished by fine, or imprisonment in the common jail of the county, or both, at the discretion of the court.

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SEC. 19. If any person, owning or having in his possession and under his control any printing press or types in this State, shall use or employ, or permit to be used or employed, any slave or free person of colour, in the setting up of types, or other labour about the office, requiring in said slave or free person of colour, a knowledge of reading or writing, such person so offending, shall be guilty of a misdemeanor, and on conviction, shall be punished by a fine not exceeding one hundred dollars. SEC. 20. If any pedlar or itinerant trader, whether carrying his goods, wares and merchandize, in a wagon or otherwise, shall at any time either buy from or sell to, or otherwise trade with any slave or slaves, unless it be with the permission and in the presence of the owner, overseer, or other person having charge of such slave or slaves; such pedlar or itinerant trader shall be guilty of a misdemeanor, and on idictment and conviction thereof, shall be fined in a sum not exceeding one thousand dollars, one half to the use of the prosecutor, and the other half to the use of the county where the crime was committed, and the defendant shall stand committed until the fine is paid; and a copy of this section shall be annexed to all licenses granted pedlars. SEC. 21. That in all cases where imprisonment in the common jail of the county by the sentence of the court is, a part, or the whole of the punishment, and the offence is such a one where, by this code, no limitation is fixed for the discretion of the court, such imprisonment shall in no case exceed six months. FOURTEENTH DIVISION. Of indictments, arraignments, trial, verdict, judgment, and execution. SEC. 1. Every indictment or accusation of the Grand Jury shall be deemed sufficiently technical and correct, which states the offence in the terms and language of this code, or so plainly, that the nature of the offence charged, may be easily understood

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by the jury. The form of every indictment or accusation shall be as follows: GEORGIA,COUNTY. The Grand Jurors sworn, chosen, and selected for the county of, to wit: , in the name and behalf of the citizens of Georgia, charge and accuse A. B. of the county and State aforesaid, with the offence of, for that the said A. B. (here state the offence and the time and place of committing the same, with sufficient certainty,) contrary to the laws of said State, the good order, peace and dignity thereof. If there should be more than one count, each additional count shall commence with the following form:And the Jurors aforesaid, in the name and behalf of the citizens of Georgia, further charge and accuse the said A. B. with having committed the offence of, (here state the offence as before directed,) for that, c. SEC. 2. All exceptions which go merely to the form of an indictment, shall be made before trial; and no motion in arrest of judgment shall be sustained for any matter not affecting the real merits of the offence charged in such indictment. SEC. 3. Upon every indictment, the prosecutor's name shall be endorsed, who, upon the acquittal or discharge of the person accused, shall be compelled to pay all costs which have [Illegible Text] if the grand jury by their foreman, upon returning no bill, express it as their opinion that the prosecution was unfounded or malicious; or if the pettit jury upon returning a verdict of not guilty, shall express a similar opinion. SEC. 4. A person against whom a bill of indictment shall be preferred, and not found true by the grand jury; or who shall be acquitted by the petit jury of the offence charged against him or her, shall not be liable to the payment of the costs; and in all such cases, as also where persons liable by law for the payment of costs, shall be unable to pay the same, it shall and may be lawful for the officers severally entitled to such costs, to present an account therefor to the judge of the court in which the said prosecutions were depending, which account being examined and allowed him, it shall and may be lawful for said judge by an order of said court, to authorize and direct the sheriff or clerk to retain for his own use, and to pay to the attorney or solicitor general, and other officers of the court, the

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amount of their respective accounts, out of any [Illegible Text] by him received for fines inflicted by the said court, or collected or forfeited recognizances. SEC. 5. It shall be the duty of the attorney or solicitor general to prosecute on all presentments of grand juries, where such presentment or presentments is or are for offences indictable by law; and the endorsement on the indictment by the attorney or solicitor general, that the same is founded on the presentment of a grand jury, shall be sufficient, without any prosecutor's name appearing on the indictment. SEC. 6. No person indicted, unless it be for an offence which may on conviction subject him or her to [Illegible Text] or imprisonment in the penitentiary for the term of three years or more, shall be put for his or her arraignment in the bar dock, or other place set apart in the court-room for the arraignment of prisoners. SEC. 7. Every person charged with a crime or offence which may subject him or her on conviction to death, or imprisonment in the Penitentiary for the term of three years or more, shall be furnished previous to his or her arraignment with a copy of the indictment, and a list of the witnesses who gave testimony before the grand jury. SEC. 8. Every person charged with an offence shall, at his or her request, or the request of his or her counsel, be furnished with a copy of the indictment, and a list of the witnesses who gave evidence before the grand jury. SEC. 9. Upon the arraignment of a prisoner, the indictment shall be read to him or her, and such prisoner shall be required to answer whether he or she is guilty, or not guilty, of the offence charged in the said indictment, which answer or plea shall be made orally by the prisoner, or his or her counselAnd if he or she shall plead guilty, such plea shall be immediately recorded on the minutes of the court by the clerk, together with the arraignment; and the court shall pronounce upon such prisoner the judgment of the law, in the same manner as if such prisoner had been convicted of the offence by the verdict of a jury; but at any time before judgment is pronounced, such prisoner may withdraw the plea of guilty, and plead not guilty, and such former plea shall not be given in evidence against him or her, on his or her trial.

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SEC. 10. If the prisoner upon being arraigned shall plead not guilty, or shall stand mute, the clerk shall immediately record upon the minutes of the court the plea of not guilty, together with the arraignment, and such arraignment and plea shall constitute the issue between the prisoner and the people of this State. SEC. 11. If the prisoner upon being arraigned shall demur to the indictment, or plead to the jurisdiction of the court, or in abatement, or any special plea in bar, such demurrer or plea shall be made in writing; and if such demurrer or plea shall be decided against such prisoner, then such prisoner may nevertheless plead and rely on the general issue of not guilty. SEC. 12. If the clerk shall fail or neglect to record the arraignment, and plea of the prisoner at the time the same is made, it may and shall be done at any time afterwards by order of the court, and this shall cure the error or omission of the clerk. SEC. 13. The arraignment and plea or answer of the prisoner shall be entered on the indictment by the attorney or solicitor general, or other person acting as prosecuting officer on the part of the people of this State. SEC. 14. No prisoner shall be brought into court for arraignment or trial, tied, bound or fettered, unless the court shall deem it necessary during his or her arraignment or trial: And if the health of the prisoner, or other circumstances should render it more convenient to the prisoner and his counsel that he or she should not be placed for his or her arraignment, or during his or her trial, within the bar-dock, or other place assigned in the court-room for prisoners, the court may grant the indulgence of removing the prisoner to any other place in the court room, or contiguous to it, requested by the prisoner or his or her counsel. SEC. 15. Every person indicted for a crime or offence which may subject him or her, on conviction to death, or four years imprisonment, or longer in the Penitentiary, may peremptorily challenge twenty of the jurors empanelled to try him or herAnd every person indicted for an offence which may subject him or her on conviction to imprisonment in the penitentiary for any time less than four years, may peremptorily challenge twelve of the jurors empanelled to try him or her. And the state shall be allowed one half the number of peremptory challenges allowed the prisoner.

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SEC. 16. On every trial of a crime or offence contained in this code, or for any crime or offence, the jury shall be judges of the law, and the fact, and shall in every case give a general verdict of guilty, or not guilty, and on the acquittal of any defendant or prisoner, no new trial shall on any account be granted by the court. SEC. 17. Every person against whom a bill of indictment is found, shall be tried at the term of the court the indictment is found, unless the absence of a material witness or witnesses, or the principles of justice should require a postponement of the trial, and then the court shall allow a postponement of the trial until the next term of the courtand the court shall have power to allow the continuance of criminal causes from term to term, as often as the principles of justice may require, upon sufficient cause shown on oath. SEC. 18. Any person against whom a true bill of indictment is found for an offence not affecting his or her life, may demand a trial at the term when the indictment is found, or at the next succeeding term thereafter, which demand shall be placed upon the minutes of the court; and if such person shall not be tried at the term when the demand is made, or at the next succeeding term thereafter, Provided, that at both terms there were juries empanelled and qualified to try such prisoner, then he or she shall be absolutely discharged and acquitted of the offence charged in the indictment. SEC. 19. No nolle prosequi shall be entered on any bill of indictment, after the case has been submitted to the jury, except by the consent of the defendant. SEC. 20. In all criminal cases, the following oath shall be administered to the petit jury, to wit:You shall well and truly try the issue formed upon this bill of indictment, between the state of Georgia and A. B. who is charged (here state the crime or offence) and a true verdict give according to evidenceSo help you God. SEC. 21. The following oath shall be administered to witnesses in criminal cases, viz:The evidence you shall give to the court and jury upon the trial of this issue between the state of Georgia and A. B. who is charged with , (here state the crime or offence) shall be the truth, the whole truth, and nothing but the truthSo help you God.

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SEC. 22. And the following oath shall be administered to witnesses intended to be sent before the grand jury:The evidence you shall give the grand jury on this bill of indictment (or presentment) as the case may be (here state the case) shall be the truth, the whole truth, and nothing but the truthSo help you God. In every case in this code, the person whose property has been stolen, injured, destroyed, taken away, or fraudulently converted or conveyed, or whose name hath been forged to any instrument, or who hath received a personal injury, shall be a competent witness on the trial of the offender or offenders. SEC. 23. Where a person shall be prosecuted and convicted on more than one indictment, and the sentences are imprisonment in the penitentiary, such sentences shall be severally executed, the one after the expiration of the other; and the judge shall specify in each the time when the imprisonment shall commence, and the length of its duration. SEC. 24. All fines imposed by this act, not otherwise appropriated by this code, shall be paid over by the clerks of the superior court to the county treasurer, or in counties where there are no treasurers to clerks of the inferior courts for county purposes, except the county of Chatham, where the said fines shall be paid over to the corporation of the city of Savannah; and the clerks of the inferior courts shall keep a fair account of the fines so received, and the time when received, and the names of the persons from whom the said fines were collected. SEC. 25. Every fine imposed by the court under the authority, and by virtue of this act, shall be immediately paid, or within such reasonable time as the court may grant. SEC. 26. In all cases where the term of punishment in the Penitentiary is discretionary, the court shall determine that punishment, paying due respect to any recommendation which the jury may think proper to make in that regard. SEC. 27. Every person convicted in any county of this state of any crime or offence punishable with confinement in the Penitentiary, shall, as soon as possible after conviction, together with a copy of the record of his or her conviction and sentence, be safely removed and conveyed to the said Penitentiary, by a guard to be sent therefrom for that purpose, and therein be safely kept during the term specified in the judgment and sentence of the court.

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SEC. 28. In all cases where persons are convicted and sentenced to imprisonment in the Penitentiary, it shall be the duty of the clerks of the superior courts of the respective counties where such persons may be convicted and sentenced, to inform the Principal Keeper of the Penitentiary immediately thereafter by mail, or by private conveyance, where there is no post office in the county, of the conviction and sentence of said convict, and that he or she is detained in the county jail, or under guard, as the case may be, subject to the order of the keeper aforesaid. SEC. 29. The trial of prisoners escaping from the Penitentiary, shall be had for such escape, before the superior court of Baldwin county, and prisoners so escaping shall remain in the Penitentiary, and be treated as other convicts, after their apprehension, until such trial shall take place; and upon such trial the copies of the records transmitted to the Keeper of the Penitentiary relative to the former trials of such prisoners, shall be produced and filed of record in the said superior court of Baldwin county. SEC. 30. When any person may be convicted of any offence which may subject him or her to confinement in the Penitentiary, it shall be the duty of the presiding judge by his sentence, to order the convict into custody to be safely kept in jail, or if there be no jail in the county then in the nearest jail, or under a suitable guard, until he or she shall be demanded by a guard to be sent from the Penitentiary for the purpose of conveying such convict to the said penitentiary. SEC. 31. No person convicted of a crime in this state, shall be allowed the benefit of clergy; and in all cases where the penalty of death is annexed to a crime, the convict shall suffer that punishment. SEC. 32. The sentence of death shall be executed by publicly hanging the offender by the neck, until he or she is dead. SEC. 33. It shall be the duty of the judges of the superior courts, to make a special report annually to the Governor of this state previous to the meeting of the General Assembly, and by him to be submitted to the legislature, of all such defects, omissions, or imperfections in this code, as experience on their several circuits may suggest. SEC. 34. All crimes and offences committed shall be prosecuted and punished under the laws in force at the time of the

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commission of such crime or offence, notwithstanding the repeal of such laws before such trial takes place. SEC. 35. Indictments for murder may be found and prosecuted at any time after the death of the person killed. In all other cases, (except murder,) where the punishment is death, or perpetual imprisonment, indictments shall be filed and found in the proper court within seven years next after the commission of the offence, and at no time thereafter. In all other felonies, the indictments shall be found and filed in the proper court within four years next after the commission of the offence, and at no time thereafterAnd in all other cases where the punishment by law is fine or imprisonment, or fine and imprisonment in the common jail of the county, indictments shall be found and filed in the proper court within two years after the commission of the of the offence, and at no time thereafter: Provided nevertheless, that if the offender shall abscond from this state, or so conceal himself that he cannot be arrested, such time during which such offender has been absent from the state, or concealed, shall not be computed or constitute any part of the said several limitations Provided also, that all crimes heretofore committed, shall be governed by the like limitations, to be computed from the first day of June next. SEC. 36. When a person shall be convicted on circumstantial evidence alone, of a crime, the punishment of which is death, the judge before whom the conviction takes place, or who passes the sentence of the law on the convict, shall have the power to commute the punishment of death for that of imprisonment and labour in the penitentiary during the natural life of the said convict. SEC. 37. If after any convict shall have been sentenced to the punishment of death, he shall become insane, the sheriff of the county with the concurrence and assistance of the inferior court thereof, shall summon a jury of twelve men to inquire into such insanity; and if it be found by the inquisition of such jury, that such convict is insane, the sheriff shall suspend the execution of the sentence directing the death of such convict, and make report of the said inquisition and suspension of execution to the presiding judge of the district, who shall cause the same to be entered on the minutes of the superior court of the county where the conviction was had. And at any time thereafter, when it shall appear to the said presiding judge, either by inquisition or otherwise, that the said convict is of sound mind, the said judge shall issue a new warrant directing the sheriff to do execution

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of the said sentence on the said convict, at such time and place as the said judge may appoint and direct in the said warrant, which the sheriff shall be bound to do accordinglyAnd the said judge shall cause the said new warrant and other proceeding in the case to be entered on the minutes of the said superior court. SEC. 38. If a female convict sentenced to the punishment of of death, shall be found pregnant with child, the sheriff with the concurrence and assistance of the inferior court, shall select one or more physician or physicians, who shall make inquisition, and if upon such inquisition it appear that such female convict is quick with child, the sheriff shall suspend the execution of the sentence directing the death of such female, and make report of the said inquisition and suspension of execution to the presiding Judge of the district, who shall cause the same to be entered on the minutes of the superior court of the county where the conviction was hadAnd at any time thereafter when it shall appear to the said presiding Judge, that the said female convict is no longer quick with child, he shall issue a new warrant directing the sheriff to do execution of the said sentence at such time and place as the said Judge may appoint and direct in the said warrant, which the sheriff shall be bound to do accordinglyAnd the said Judge shall cause the said new warrant and other proceedings in the case to be entered on the minutes of said superior court. SEC. 39. Whenever for any reason, any convict sentenced to the punishment of death shall not have been executed pursuant to such sentence, and the same shall stand in full force, the presiding Judge of the superior court where the conviction was had, on the application of the attorney or solicitor general of the district, or other person prosecuting for the State, shall issue a habeas corpus to bring such convict before him; or if such convict be at large, said Judge or any judicial officer of this State may issue a warrant for his apprehension; and upon the said convict being brought before the said Judge, either by habeas corpus, or under such warrant, he shall proceed to inquire into the facts and circumstances of the case, and if no legal reason exist against the execution of such sentence, such Judge shall sign and issue a warrant to the sheriff of the proper county, commanding him to do execution of such sentence at such time and place as shall be appointed therein, which the said sheriff shall do accordingly. And the Judge shall cause the proceedings in such case to be entered on the minutes of the superior court of the county.

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SEC. 40. Whenever any convict shall be sentenced to the punishment of death, the court shall specify the time and place of execution in such sentence, which time shall not be less than twenty days, nor more than sixty days from the time of the sentence, except in the case of a female convict who is quick with child at the time, in which case the court may and shall appoint some day that will arrive after she shall have been delivered of such child. SEC. 41. When an offence shall be committed on the boundary line of two counties, it shall be considered and adjudged to have been committed in either county, and an indictment for such offence may be found and tried in, and conviction thereon may be had in either of said counties. SEC. 42. When any mortal wound shall be given, or any poison shall be administered, or any other means shall be employed in one county by which a human being shall be killed, who shall die thereof in another county, the indictment shall be found, and the offender shall be tried in the county where the act was performed or done, from which the death ensued. SEC. 43. No lunatic or person afflicted with insanity shall be tried, or put upon his trial for any offence, during the time he is afflicted with such lunacy or insanity. SEC. 44. No person shall be convicted of an assault with intent to commit a crime, or of any other attempt to commit any offence, when it shall appear that the crime intended, or the offence attempted, was actually perpetrated by such person at the time of such assault, or in pursuance of such attempt. SEC. 45. Upon the trial of an indictment for any offence, the jury may find the accused not guilty of the offence charged in the indictment, but guilty of an attempt to commit such offence, without any special count in said indictment for such attempt Provided, the evidence before them will warrant such finding. SEC. 46. If any person who has been convicted of an offence, and sentenced to confinement and labour in the Penitentiary, shall afterwards commit a crime punishable by confinement and labour in the Penitentiary, and be thereof lawfully convicted, such convict shall be sentenced to undergo and suffer the longest period of time and labour prescribed for the punishment of such offence, of which he stands convicted.

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SEC. 47. On the trial of any convict in the Penitentiary for the crimes of escape and mutiny, or either of them, any other prisoner or convict not included in the same indictment, shall be a competent witness; and the infamy of his character and of the crime of which he has been convicted, shall be exceptions to his credit only. SEC. 48. On all trials for crimes or offences on the criminal side of the court, where the punishment is death, or imprisonment and labour in the Penitentiary, any juror may be put upon his voir dire; and the following questions shall be propounded to him, viz: Have you formed and expressed any opinion in regard to the guilt or innocence of the prisoner at the bar. If the juror shall answer in the negative, then the following question shall be propounded to him:Have you any prejudice or bias resting on your mind either for or against the prisoner at the barand if the juror shall so answer these questions as to make him a competent juror, the state or the prisoner may nevertheless have the right to put such juror upon his trial in the manner pointed out by law, and to prove such juror incompetent. SEC. 49. Any person sentenced to confinement and labour, in the Penitentiary, is and shall be thereby rendered incapable of holding or exercising any public or private office, trust, power, or authority, and any such held by him shall become and be vacant by virtue of such sentence. SEC. 50. When two or more defendants shall be jointly indicted for any offence, any one defendant may be tried separately, except such offences as require the action and concurrence of two or more to constitute the crime, and in such cases the defendants shall be tried jointly. SEC. 51. On the trial of any indictment for an assault, or an assault and battery, the defendant may give in evidence to the jury any opprobrious words, or abusive language used by the prosecutor, or person assaulted or beaten; and such words and language may or may not amount to a justification, according to the nature and extent of the battery; all which shall be determined by the jury. SEC. 52. On the trial of the question of insanity, arising after the person shall have been condemned to die, provided for by the thirty-seventh section of this code, the following oath shall be administered to the jury, to wit: You and each of you do

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solemnly (swear or affirm) that you will well and truly try this issue of insanity between the State and (A. B.) now condemned to die, and a true verdict give according to evidence, so help you God. SEC. 23. That on the trial of all cases where the party if found guilty would be subjected to confinement in the Penitentiary, or to any greater punishment, it shall be the duty of the presiding judge to have the testimony given in said cases taken down; and in the event of the jury returning a verdict of guilty, the testimony shall be entered on the minutes of the court, or a book to be kept for that purpose. FIFTEENTH DIVISION. Of Contempts of Court, and Attempts to Commit Crimes. SEC. 1. The power of the several courts of law and equity in this state, to issue attachments and inflict summary punishments for contempts of court, shall not extend to any cases, except the misbehaviour of any person or persons in the presence of the said courts, or so near thereto as to obstruct the administration of justice; the misbehaviour of any of the officers of said courts in their official transactions, and the disobedience or resistance by any officer of said courts, party, juror, witness, or any other person or persons to any lawful writ, process, order, rule, decree or command of the said courts. SEC. 2. If any person shall attempt to commit an offence prohibited by law, and in such atempt shall do any act towards the commission of such offence but shall fail in the perpetration thereof, or shall be prevented or intercepted from executing the same, such person so offending shall be indicted for a misdemeanor,

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and on conviction thereof shall, in cases where no provision is otherwise made in this code or by law for the punishment of such attempt, be punished as follows: First If the offence attempted to be committed be such as is punishable by law with death, the person convicted of such attempt shall be punished by imprisonment and labour in the penitentiary for any time not less than two years, nor more than seven years. Second If the offence attempted to be committed be punishable by law, by imprisonment and labour in the penitentiary for a time not less than four years, the person convicted of such attempt shall be punished by imprisonment and labour in the Penitentiary for any time not less than one, nor more than four years. Third If the offence attempted to be committed be such as is punishable by law by imprisonment and labour in the Penitentiary for a time not less than two years, the person convicted of such attempt shall be imprisoned in the Penitentiary at labour for the term of one year. Fourth. If the offence attempted to be committed, be punishable by law by imprisonment and labour in the penitentiary, or for a time not exceeding one year, the person convicted of such attempt shall be punished by fine not exceeding five hundred dollars, or imprisonment in the common jail, or both, at the discretion of the court. Fifth If the offence attempted to be committed be punishable by law, by fine not exceeding five hundred dollars, or imprisonment in the common jail, or both, the person convicted of such attempt, shall be punished by fine, or imprisonment in the common jail, at the discretion of the court. SEC. 3. The following acts and parts of acts, that is to sayAn act entitled An Act declaring that to murder any free Indian in amity with this province is equally penal with the murder of any white person, and that to rescue a prisoner committed for such offence is felonypassed on the 20th day of June 1774; An act entitled An Act more effectually to prevent the evil practice of stabbing, passed on the 26th day of November 1802; the 4th, 5th, 20th and 22d sections of an act entitled An Act to carry into effect the penal code of this state, and the penitentiary system founded thereonpassed the 19th day

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of December 1816; An act entitled An Act to amend the penal code of this statepassed the 20th day of December 1817; An act entitled An Act to repeal the act passed on the 16th December 1811; and the act passed on the 19th December 1816, on the subject of the penal code of this state, and to amend the act passed on the 20th December 1817, entitled an act to amend the penal code of this statepassed on the 19th December 1818, except the 7th section thereofAn act entitled An Act to amend an act entitled an act to amend the penal code of this state, passed on the 20th day of December 1817, passed on the 18th December 1819; The first section of an act entitled An Act to alter and amend the penal code of this state, passed on the 20th day of December 1817, passed on the 20th day of December 1820; An act entitled An act to alter and amend an act passed on the 20th day of December 1820, entitled an act to alter and amend the penal code of this state, passed on the 20th day of December 1817,passed on the 23d December 1822; An act entitled An act to amend the 12th section of the 9th division of the penal code of this state, passed on the 22d December 1828; An act entitled An Act to alter and amend the 8th and 9th sections of the 9th division of the penal code, passed the 20th December 1817,passed on the 22d day of December 1829; An act entitled An act to amend the penal code passed in the year 1817, passed the 21st day of December 1829; the 10th and 11th sections of an act entitled An Act to amend the several laws now in force in this state regulating quarantine in the several sea ports of this state, and to prevent the circulation of written or printed papers within this state, calculated to excite disaffection among the coloured people of this state, and prevent said people from being taught to read or write, c. c.passed the 22d December 1829; An act entitled An Act to prohibit the employment of slaves and free persons of colour in the setting of types in printing offices in this state, passed the 22d December 1829; the 1st, 4th, 6th and 7th sections of an act entitled An Act to alter and amend an act to prohibit slaves from selling certain commodities therein mentioned, passed the 19th December 1818; The 2d, 3d, and 9th sections of an act entitled An Act to regulate the licensing of physicians to practice in this state, passed the 24th December 1825; The third section of an act entitled An Act for regulating taverns and reducing the rates of tavern licenses, passed the 24th December 1791; The first section of an act ertitled An Act supplementary to an act entitled an act respecting bastardy and other immoralities, passed the 26th November 1802; The fifth section of an act entitled An Act to regulate taverns, and to suppress vice and immorality, passed the

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14th August 1786; and all other acts and parts of acts militating against this act be, and they are hereby repealed, from and after the 31st day of May next. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, Dec. 23d, 1833. PENITENTIARY POLICE. AN ACT to revise, amend, and consolidate the rules for the Police of the Penitentiary. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the following rules shall be established for the government of the Penitentiary. Rule 1. The officers for the management of the Penitentiary shall be, three inspectors, one principal, and four assistant keepers, a book-keeper, a physician, in addition to whom there may be a collecting clerk, whenever the Governor, on the recommendation of the inspectors, shall think proper to appoint one. Rule 2. All the officers of the Penitentiary shall be appointed by the Governor, and their term of office shall be one year, unless removed before the expiration of that time, to commence on the first Monday in January. The Governor shall have the power of removing any officer, and of filling all vacancies.

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Rule 3. The principal keeper shall be authorized to make such arrangements as he shall deem economical and safe, for conveying convicts to the Penitentiary; and for this service he may employ a portion of the guard. Rule 4. It shall be the duty of the principal keeper to cause the clothes of each prisoner, when received into the Penitentiary, to be cleansed, and carefully put away, labelled with his name, to be returned to him on his discharge; or if it should be the wish of the prisoner that his clothes shall be sold, the principal keeper shall sell them to the best advantage, and shall deposite the money arising from such sale, to be paid over to the prisoner on his discharge. Rule 5. Every prisoner when he is received into the Penitentiary shall be carefully searched, and deprived of any article by which an escape might be effected; and also of all money in his possession, to be returned to him on his discharge: Provided, that all monies, or other articles belonging to the prisoners under the provisions of these rules, shall be delivered up to the legal representatives of said prisoners, if they or any of them should die, before the term of their imprisonment should have expired. Rule 6. The description of every prisoner, when received into the Penitentiary, shall be entered in a book to be kept for that purpose, in which shall be entered the name, sex, age, height, colour of the eyes and hair, place of nativity, previous occupation, time of conviction, nature of the crime, and period of confinement. Rule 7. On the receipt of every prisoner into the Penitentiary, such parts of the laws as impose penalties for escapes, shall be read to him; and on his discharge, such parts of the laws as impose additional penalties for the repetition of offences shall be read to him. Rule 8. Prisoners of different sexes shall at all times be kept separate and apart. Rule 9. The clothing annually furnished to the prisoners shall consist of one round jacket, one vest, and one pair of trowsers, of grey kerseys (cotton warp and wool filling,) two pair of shoes, two shirts, and two pair of trowsers made of oznaburgs, or cotton cloth, and one round jacket of the same: and for each female, of two frocks, and two petticoats, made of grey kerseys; two petticoats, and two shifts, made of oznaburgs, or cotton cloth,

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two pair of shoes, two pair of stockings, and two blue linen or cotton neck 'kerchiefs; and they shall not be permitted to wear any other clothes in the Penitentiary: and each prisoner shall be furnished with a cheap mattrass, and such number of blankets as the principal keeper shall believe to be needed. Rule 10. The prisoners, except on Sunday, and when confined in the cells, shall be kept at hard labour, as far as may be consistent with their age, health, and ability; and they shall be so arranged at labour, as to be under the constant inspection of one of the assistant keepers, as far as may be practicable; whose duty it shall be to prevent their holding intercourse with each other, except so far as may be required by any work, in which they may be jointly employed. Rule 11. The hours of labour shall be as many as the length of the day will permit, with the exception, for breakfast, of half an hour, and for dinner, of an hour, from the 15th of September to the 15th of May, and one hour and a half from the 15th of May to the 15th of September. Rule 12. It shall be the duty of the assistant keepers to see that each prisoner in their several departments shall keep his tools in safety, and good order; and each prisoner shall be held responsible for his own tools. Rule 13. The food of the prisoners shall consist of a ration, if of bacon, of eight ounces; if of pork, of twelve ounces; if of the hind quarter of beef, sixteen ounces; if of the fore quarter of beef, of twenty ounces; of bread made of Indian meal, and of peas, potatoes, and other vegetables, at the discretion of the principal keeper; who also may permit them to purchase in the manner hereinafter described, molasses, and other articles of similar character, as a reward for good conduct. Rule 14. A garden shall be attached to the Penitentiary, for the purpose of raising vegetables for the prisoners: to be worked by them under such precautions as the principal keeper shall believe will prevent the danger of escapes. Rule 15. The walls of the cells and other apartments of the prison building, shall be white-washed at least once a year; the floors shall be kept neat and clean; and the building shall be fumigated, and purified with the chloride of lime, as often as the physician or the principal keeper shall believe conducive to the health of the prisoners.

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Rule 16. An apartment shall be prepared as a hospital, in which the sick shall remain; but no sick prisoner shall remain in the hospital at night, unless by the direction of the physician. Rule 17. If any prisoner, at the expiration of his term of confinement, shall labour under any acute or dangerous disease, such prisoner shall not be discharged while sick, unless at his request. Rule 18. If any prisoner shall be guilty of an assault, or battery, in which no dangerous wound or bruise shall be given, or of profane cursing or swearing, or of indecent language or behaviour, or of gaming, or of idleness or negligence, or of wilful waste or damage, or of embezzlement of the materials or stock of the institution, or of disobedience to the orders of a keeper, or to the regulations of the institution, he shall be punished by solitary confinement in the cells, for any period not exceeding seven days, and kept on bread and water only, at the discretion of the principal keeper; and to keep him during the whole, or any part of such solitary confinement, in the stocks, or in irons, or in both. The board of Inspectors shall have the same power in like cases. Rule 19. If any prisoner shall be guilty of any offence, for which the principal keeper is not hereby authorized to inflict punishment, or for which he shall deem the punishment he is authorized to inflict, insufficient, he shall report the same to the board of Inspectors, who shall in such cases, have power to prolong the term of close confinement and privation aforesaid; or by their unanimous consent, to inflict such other punishment, not affecting life or member, as to them shall seem proper and just. Rule 20. No letter, or other communication in writing, shall be carried into, or out of the Penitentiary, until the same shall have been examined and permitted by the principal keeper; nor shall any article be carried into, or out of the Penitentiary, for the use and benefit of the prisoners, without his consent. Rule 21. No person, except those authorized by law, shall go within the Penitentiary, unless by the permission of the principal keeper: and such visitor, while within the Penitentiary, shall always be attended by one of the guard or one of the keepers.

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Rule 22. The prisoners shall not be permitted to use any spirituous or fermented liquor, except as prescribed by the physician, for the sick. Rule 23. No light shall be permitted in the cells, after the hour of nine P. M., from the first of April to the first of October, nor after the hour of eight P. M., from the first of October to the first of April. Rule 24. The cells shall be numbered and divided as equally as may be practicable, into as many wards as there are assistant keepers; one ward being assigned to each, whose duty it shall be, always to examine said cells, before the prisoners are turned into them, and to search each prisoner, before he enters his cell, and take from him whatever might be used in effecting an escape, bedding and clothing excepted. The prisoners shall be kept separately in the cells. Rule 25. The Inspectors shall have authority to make contracts for supplying the Penitentiary with stock and materials, working tools and implements, and clothing and food for the prisoners and guard; and for the sale of articles fabricated in the Penitentiary; and this power they may delegate to the principal keeper; but no Inspector, or other officer of the institution shall take a contract for furnishing any of the foregoing articles, or be security for any person contracting to furnish the same. Rule 26. The Inspectors shall not allow a commission the principal keeper, on purchases made by him. Rule 27. The Inspectors shall have authority to collect all debts now due, or which may hereafter become due to the Penitentiary; and for that purpose may institute suits in the name of The Board of Inspectors of the Penitentiary, and in like manner may institute any other suits which they shall believe to be required by the interests of the institution. Rule 28. In any suit instituted for the recovery of money due to the Penitentiary, a correct transcript from the first book of entries kept in the office of the book-keeper, containing a copy of the account, and certified by him to be a correct transcript from said book, shall be sufficient evidence to establish such account: but the defendant shall nevertheless be allowed to controvert the same.

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Rule 29. Whenever the public service shall require articles ready manufactured, or to be manufactured, in the Penitentiary, such articles shall be furnished on the requisition of the governor, in writing, communicated to the principal keeper. Rule 30. The principal keeper shall have a general superintending power over the institution, and shall be responsible for the conduct of all officers under his command. Rule 31. The guard, the assistant keepers, and all other persons attached to the institution, except the inspectors and physician, shall be subject to the authority of the principal keeper, who shall have the power of suspending and reporting to the governor any of the persons aforesaid, who shall violate the regulations of the Penitentiary, or be negligent of his duty. Rule 32. It shall be the duty of the assistant keepers, alternately, to remain within the Penitentiary during the night, to superintend the guard in such manner as the principal keeper shall direct; to remain each in the department assigned to him by the principal keeper, during the hours of labour, unless absent therefrom in procuring materials, or attending to the calls of customers, or by the permission of the inspectors; to superintend the labour of the prisoners; to lock them up, and to turn them out, at the appointed hours; to search the cells, and the prisoners, before they are locked up; to enforce industry and good order among the prisoners, together with the regulations for the observance and improvement of the Sabbath; to keep such accounts as shall be directed by the inspectors, and in general to watch over the safe-keeping of the prisoners, and the preservation of the buildings, and other property of the institution; in the discharge of all which duties, they shall be under the direction of the principal keeper. Rule 33. Each assistant keeper superintending the labour of the prisoners, shall keep regular accounts of the work performed by each prisoner under him, of all the jobs finished in his department, and of all cash sales, and of all credit sales; which accounts shall be kept in such form as the inspectors may direct, and shall be submitted to them weekly. Rule 34. An inventory shall be taken annually, by the assistant keepers and book-keeper, of all the stock, wares, materials, tools, and property of every kind, belonging to the Penitentiary, a copy of which shall be submitted to the governor.

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Rule 35. The principal and assistant keepers, before they enter on the discharge of their respective duties, shall each give bond with security, in such sum as the inspectors may require, conditioned for the faithful discharge of their several duties. Rule 36. The principal and assistant keepers, before they enter on the discharge of their respective duties, shall likewise take and subscribe the following oath, viz: I, A. B. do solemnly swear, that I will faithfully and diligently execute all the duties lawfully required of me, as keeper in the Penitentiary, and will carry into execution the laws and regulations for the government of the same, so far as concerns my said office, to the best of my knowledge and ability; and I will, on no occasion, ill-treat or abuse any prisoner under my care, beyond the punishment ordered by law, or the rules and regulations of the Penitentiaryso help me God. Rule 37. It shall be the duty of the book-keeper to keep such books of minutes, entries, accounts, inventories, and other matters of record, as the inspectors may direct; to take charge of all the records and documents appertaining to the Penitentiary; to prepare all reports, accounts, and other documents, which may be required by the inspectors; to assist in selling the wares of the Penitentiary, and in making settlements, and collecting debts due thereto. Rule 38. It shall be the duty of the collecting clerk to attend to the liquidating and collecting debts due to the Penitentiary, and to make weekly payments of all money collected by him, and weekly returns to the inspectors of all his actings. Rule 39. It shall be the duty of the physician to visit the prisoners and guards once every day, at or before nine o'clock A. M. and oftener, when he shall believe that the condition of any of the foregoing persons shall make it proper, or the principal keeper shall request the same; to inspect the institution, generally, in relation to whatever may affect its healthfulness, once in every week; and to make a succinct weekly report to the inspectors, showing the number and names of the sick, and their diseases, and embracing such other matters in relation to his department, as he shall think it useful to communicate, or they may require. Rule 40. The guard shall be enlisted by the principal keeper, and shall consist of such number as he shall deem sufficient for the safety of the institution; and they shall be entirely under

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his control. He shall have authority to discharge any member of the guard for disorderly conduct; he shall also have authority to fine any member of the guard who shall be guilty of a violation of orders or neglect of dutyThe pay of the guard shall be settled by the inspectors. Rule 41. Any clergyman, under the direction of the keeper, may preach to the prisoners on the Sabbath, and pray with them daily at the close of the hours of labour, and visit them in his discretion at other times, under such regulations as the inspectors may establish. Rule 42. The superintendence of the Penitentiary shall be vested in the board of inspectors. It shall be their duty to make regulations for the government of the institution, not repugnant to the constitution and laws of the state; to require every officer in the institution to perform his duty; to dispose, for the benefit of the Penitentiary, of all money appropriated for the same, or arising from the labour of the prisoners; to make contracts for the supply of all articles that shall be needed, and to authorize, and direct the principal keeper to do the same, when they shall deem it expedient; to collect the debts due to the institution, to examine the books, and accounts, and reports of the other officers; to make reports to the Governor, and the legislature; and in general, to provide for the welfare of the institution. The principal keeper shall have power to permit the wives of convicts to visit their husbands at such times and on such occasions, during their confinement, as he shall deem safe and proper; except those convicts who are sentenced to solitary confinement. Rule 43. If the inspectors shall suspect any keeper, or other officer, or any guard of the Penitentiary, of fraudulent or improper conduct in his office, they shall have power to call before them, by subp[oelig]na signed by the book-keeper, and to examine, on oath or affirmation, any person believed by them to be cognizant of the suspected fraud or misconduct of such officer or guard. Rule 44. The inspectors may examine into the conduct of any of the prisoners charged with any offence against the police of the Penitentiary; and may punish him as hereinbefore prescribed. Rule 45. The inspectors shall examine every thing appertaining to the police, government, good order, and safety of the Penitentiary.

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Rule 46. No prisoner shall leave the place assigned to him for labour, during the hours of labour, without a token, to be given to him by the assistant keeper, under whose special charge he may be placed, unless specially directed by some officer of the institution. Rule 47. The prisoners shall be permitted to work for them selves, during the time allotted to their meals and rest, on such articles as the principal keeper may approve; but they shall not be permitted to perform any work in their cells, which will occasion the smallest noise. The principal keeper may furnish them with materials, from the stock belonging to the Penitentiary, to be paid for out of the price of the wares wrought by them; and the assistant keepers shall take an account of all articles wrought by them, for their own benefit. These articles shall be sold only by the principal keeper, or by a guard designated by him for that purpose: no prisoner shall be permitted to receive the money thus earned by him; but it shall remain in the hands of the principal keeper, or of the guard aforesaid. Purchases for prisoners shall be made only by the principal keeper, or by a guard designated by him, of such articles as he may approve. Rule 48. The prisoners shall be permitted to remain out of their cells, not less than six, nor more than eight hours on the Sabbath; unless, from the prevalence of peculiar disorder or insubordination, the principal keeper shall believe a stricter confinement to be necessary to the good order of the institution, and it shall be approved by the inspectors: and except in those cases in which confinement in the cells shall be employed as a punishment for disorderly conduct in the Penitentiary. Rule 49. Every prisoner at the time of his discharge, shall be furnished with a suit of clothes, not exceeding ten dollars in value, and with a sum of money not exceeding that amount: and the principal keeper shall be authorized to make a discrimination in the value of the clothing, and the amount of the money then furnished, according to the conduct of the prisoner during his confinement. Rule 50. The keepers, and the guard of the Penitentiary shall be exempt from obligation to serve on juries, or patrols. Rule 51. The salary of the principal keeper shall be two thousand dollars per annum; the salaries of the assistant keepers,

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and book-keeper, shall be six hundred dollars each, per annum; the salary of the collecting clerk shall be at the rate of four hundred dollars per annum; the salary of the physician shall be three hundred dollars per annum; the salaries of the inspectors shall be two hundred and twenty-four dollars per annum; all of which salaries shall be paid quarterly. SEC. 2. And be it enacted by the authority aforesaid, That all laws, and parts of laws, militating against this act, be, and the same are hereby repealed THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. PERSONS OF COLOUR. AN ACT concerning free persons of Colour, their Guardians, and Coloured Preachers. Be it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by authority of the same, That each and every guardian of a free person of colour, shall, on or before the first day of May in each year, make a return in the clerk's office of the superior court of the county in which he lives, stating the name of such free person of colour, the date of his letters of guardianship, the occupation of his ward, and shall specify the

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means by which he obtained his or her freedom, and such return shall be sworn to by such guardian. SEC. 2. And be it enacted by the authority aforesaid, That each guardian failing to make such return, shall be liable to a penalty not exceeding one thousand dollars for each such failure, to be levied upon his proper goods and chattels, lands and tenements, if these shall be insufficient, on the goods, chattels, lands and tenements of the ward or wards of such guardian, as he shall have failed to make a return of, as required in the first section of this act: Provided, that the party thus neglecting to make such return to the clerk of the superior court, may relieve himself of such fine, by a satisfactory showing to the superior or inferior courts of the county in which such neglect shall take place, that such neglect was by accident or omission, and not with intention to evade said law, and who shall then make his return. SEC. 3. And be it enacted, by the authority aforesaid, That it shall not be lawful for any person to give credit to any free person of colour, but on a written order of the guardian. SEC. 4. And be it enacted by the authority aforesaid, That if neither the guardian nor the ward have property to pay any penalty which may be awarded under this act, or any debt which may be contracted under the written order of the guardian, it may be lawful for the court to bind out such ward, and upon such terms as they may think proper to satisfy such penalty or debt. SEC. 5. And be it enacted by the authority aforesaid, That no person of colour, whether free or slave, shall be allowed to preach to, exhort or join in any religious exercise, with any persons of colour, either free or slave, there being more than seven persons of colour present. They shall first obtain a written certificate from three ordained ministers of the gospel of their own order, in which certificate shall be set forth the good, moral character of the applicant, his pious deportment, and his ability to teach the gospel; having a due respect to the character of those persons to whom he is to be licensed to preach, said ministers to be members of the Conference, Presbytery, Synod, or Association to which the Churches belongs in which said coloured preachers may be so licensed to preach, and also the written permission of the justices of the inferior court of the county, and in counties in which the county town is incorporated, in addition

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thereto, the permission of the mayor, or chief officer, or commissioners of such incorporation, such license not to be for a longer term than six months, and to be revocable at any time by the persons granting it. Any free person of colour offending against this provision, to be liable on conviction, for the first offence, to imprisonment at the discretion of the court, and to a penalty not exceeding five hundred dollars, to be levied on the property of the person of colour, if this is insufficient, he shall be sentenced to be whipped and imprisoned at the discretion of the court: Provided, such imprisonment shall not exceed six months, and no whipping shall exceed thirty-nine lashes. SEC. 6. And be it enacted by the authority aforesaid, That each offence under this act, may be prosecuted by indictment in the superior court of the county in which the same shall have been committed, and the penalties shall be recoverable by quitam action in the superior or inferior court, one half to the use of the informer, and the other to the use of the county academy. SEC. 7. And be it enacted by the authority aforesaid, That from and after the passage of this act, it shall not be lawful for any free person of colour in this state, to own, use, or carry fire arms of any description whatever. SEC. 8. And be it [Illegible Text] by the authority aforesaid, That upon information given upon oath, to any justice of the peace of any county in this state, of any free person of colour, owning, using, or carrying fire arms as aforesaid, it shall be his duty to issue his warrant for the arrest of said free person of colour to answer said charge before himself, or any other justice of the peace in the county, where said offence may be committed, and upon sufficient proof thereof, it shall be the duty of said justice, to order and adjudge, that the free person of colour, so detected in owning, using, or carrying fire arms, shall receive upon his bare back, thirty-nine lashes, and that the fire arms so found in the possession of said free person of colour, shall be exposed to public sale, after giving fifteen days notice of the time and place thereof at three of the most public places in the District, and the money arising from the sale of said arms, shall be appropriated by said justice of the peace, to the payment of the cost, which may accrue in said prosecution, and the overplus, if any there be, to be delivered by said justice to the informer, against the offender.

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SEC. 9. And be it enacted by the authority aforesaid, That the first and second sections of this act, be, and they are hereby declared, only applicable to the county of Chatham. SEC. 10. And be it enacted by the authority aforesaid, That all laws or parts of laws militating against this law, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec., 1833. POOR SCHOOL. AN ACT to alter and and amend an act regulating the Poor School Fund of this State, passed the twenty-second day of December, in the year one thousand eight hundred and twenty-eight, so far as respects the county of Bryan. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act it shall and may be lawful for the trustee of the poor school fund for the county of Bryan, to loan out at the rate of eight per cent. interest per annum, all moneys now in his hands, or he hereafter may have in his possession as a poor school fund. SEC. 2. And be it enacted by the authority aforesaid, That no sum more than one hundred dollars shall be loaned to any one individual, and whenever said trustee shall loan any of

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said money, he shall take justice or small notes with good and sufficient security for the same to be approved of by one or more of the justices of the inferior court for said county. SEC. 3. And be it enacted by the authority aforesaid, That all and every person who shall borrow said money or any part thereof, shall be required to renew their notes at the end of every six months, and pay all interest up to the date thereof with such a part of the principal, or the whole amount if required by said trustee; and on failure of any person to comply with this act, it shall be the duty of the trustee to proceed to the collection of the same with as little delay as practicable. SEC. 4. And be it enacted by the authority aforesaid, That all laws or parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833. AN ACT to compel the trustees of the Poor School Fund of the counties of Montgomery and Tattnall, to give bond and security in a sum not less than the amount of said funds respectively, and to allow the said trustees a compensation for their services, in lending out said fund and collecting the interest due thereon. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the trustees of the poor school funds of the counties of Montgomery and Tattnall, shall before entering on

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the duties of their office, be compelled to give bond and security, in a sum not less than the amount of said funds respectively. SEC. 2. And be it enacted by the authority aforesaid, That the said trustees shall be entitled to retain and receive out of the interest which they have collected, or shall from time to time collect upon the poor school fund, under authority of an act authorizing the trustee of the poor school fund of Montgomery county, to lend out said fund, passed fifth December, 1832; also under authority of an act, authorizing the trustee of the poor school fund of the county of Tattnall, to loan out the said fund, passed 21st December, 1832, twelve and one-half per cent. upon such amount of interest so received, in consideration of their services performed in accordance with the aforesaid [Illegible Text]. SEC. 3. And be it enacted by the authority aforesaid, That all laws and parts of laws militating agaisnt to this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833. AN ACT to authorize the Trustee of the Poor School Fund of the county of Sumpter, to loan out the said fund, and collect any and all of said fund which has heretofore been loaned out, or otherwise due, on certain conditions. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the trustee of the poor school fund for the county of Sumpter be, and he is hereby authorized, and required to loan out the poor school fund of said county, that he may now have in hand or that he

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may hereafter get in hand: Provided, the person or persons borrowing said fund shall give good and sufficient security in small notes, due at twelve months, with interest from date: Provided, always that the said trustee shall always keep on hand a sufficient sum to pay all demands which may be required of said fund. SEC. 2. And be it enacted by the authority aforesaid, That said trustee be, and he is hereby authorized and required to collect all or any of the poor school fund that may be due at the time of the passage of this act, and also to collect what may fall due hereafter. Sec. 3. And be it enacted by the authority aforesaid, That the said trustee shall at all times make a showing to the inferior court of said county whenever it shall call upon him for a showing for his actings and doings as trustee as aforesaid: likewise make his annual reports to the legislature, through the senator of said county, any law, usage or custom to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to correct an error in the enrolment of an act to regulate the Poor Schools and appropriate funds, so far as respects McIntosh county, passed at the last session of the General Assembly. Whereas, in enrolling the before recited act, the word four (4) was by mistake taken for the word five (5,) as evidently appears on the face of the original bill, as well as from the representation

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of the senator of McIntosh county, who introduced the same into the Senate. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the word four (4) in the aforerecited act, shall be, and the same is hereby changed, and to be taken as five (5,) so that in future it shall be known and meant that it was the sum of five hundred dollars (instead of four hundred dollars, as in the printed act,) which was intended and appropriated for the use of the poor schools of the county of M'Intosh, in the manner therein specified, and that the property of the academy of said county is specially bound to secure the payment, as by the aforesaid act they are directed to make. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to authorize the Governor to issue his warrant for the amount of the Poor School Fund due the County of Muscogee. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the governor be authorized to issue his warrant for the amount of the poor school fund due county of Muscogee. SEC. 2. And be it enacted by the authority aforesaid, That

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all laws and parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JAMES WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to add the Academical Fund of Baker County to the Poor School Fund of said County, and to appoint two sub-trustees for the distribution of the Poor School Fund. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the amount of money due the county of Baker as an academical fund shall be added to the poor school fund of said county, and as such paid to the person entitled to receive the poor school fund for said county; and all money that hereafter may be due said county shall be added to said poor school fund. SEC. 2. And be it enacted by the authority aforesaid, That the trustee of the poor school fund for the county of Baker, when he shall receive the same, shall pay over to John Pace one-third of such sum as he may have received from the State, for the use of the poor children of the 626th district of Georgia militia, and it shall be the duty of said Pace to lay out such sum as he may receive in such a manner as to benefit said poor children under the poor school laws of this State: and said Pace is hereby appointed a sub-trustee. SEC. 3. And be it enacted, by the authority aforesaid, That Isaac Gillion be and he is hereby appointed sub-trustee for the 620th district of Georgia militia, subject to all the duties

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required of the said John Pace in the foregoing section: and he is hereby entitled to receive as sub-trustee one-third of the sum paid by the State to the trustee of the county. SEC. 4. And be it enacted by the authority aforesaid, That the trustee for the county, William H. Fergerson, act as trustee for the district in which he lives: And each and every of said trustees shall lay out the funds received by them for the education of poor children, according to the poor school laws now in force in this State: And when any vacancy shall happen in the office of sub-trustee for the 226th and 220th districts, it shall be the duty of the justices of the inferior court of said county, at their next meeting, to fill such vacancy, by appointing some fit and proper person. SEC. 5. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to lay out the county of Coweta into five school districts, and to authorize the Trustee of the Poor School Fund, to apportion the Poor School Fund to each district, in proportion to the number of children, that come under the provision of the law made and providing for the education of poor children. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of January next, the county of Coweta, shall

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be laid out into five poor school districts, viz: No. 691, shall form the first district; [Illegible Text] and 693, shall form the second district; 647 and 755, shall form the third district; 742 and 746, shall form the fourth district; 646 and 645, shall form the fifth district. SEC. 2. And be it enacted by the authority aforesaid, That it shall be the duty of the justices of the peace, in each judicial district in said county, to make out a true list of all the children in their respective districts, that come under the provision of the law, providing for the education of poor children, so far as they come under their knowledge, setting forth the age and sex, and return the same to the trustee of the poor school fund, in and for said county, on or by the first day of February in each and every year. SEC. 3. And be it enacted by the authority aforesaid, That the said trustee shall immediately thereafter, or so soon as the poor school fund shall have been drawn by him, proceed to apportion the same to each of the several poor school districts, agreeably to the number of children so returned to him. SEC. 4. And be it enacted by the authority aforesaid, That it shall be the duty of each of the several teachers of each of the above districts to keep a fair and correct account of the time that each child is taught by him, that comes under the provision of the law, providing for the education of the poor children of this state, and deposit said account, legally proven, with the trustee of the poor school fund of said county, on or by the second Monday in October in each and every year, and said account shall be subject to draw its proportion of the amount assigned to their respective district, within ten days thereafter. SEC. 5. And be it enacted by the authority aforesaid, That all laws, operating against the provisions of his act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833.

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AN ACT to amend an act entitled an act for the better distribution of Poor School Funds, and to point out the mode of accounting for the disbursement of the Academy and Poor School Funds, passed 22d December, 1828. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the trustees of the poor schools in the several counties of this state be required to reject the account of any teacher of a poor child or children, unless the same shall set forth the number of days each child was so taught, and to require the same to be proven before some justice of the peace, or justice of the inferior court. SEC. 2. And be it enacted by the authority aforesaid, That it shall be the duty of the trustees of the poor school funds in each county, to submit to the grand jury of their respective counties, at the fall term of the superior court, an abstract containing the receipts and disbursements of the monies drawn by him as trustee, which shall be accompanied by the necessary vouchers. SEC. 3. And be it enacted by the authority aforesaid, That all laws militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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RAIL ROADS AND CANALS. AN ACT to incorporate the Monroe Rail Road Company, for the purpose of constructing a rail road from Macon to the town of Forsyth, in Monroe county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That for the purpose of constructing and keeping up a rail road communication from the city of Macon in the county of Bibb, to the town of Forsyth in the county of Monroe, the subscribers for the capital stock hereinafter mentioned and their assigns, shall for ever hereafter be a body politic and corporate by the name and style of The Monroe Rail Road Company, and by said corporate name shall be capable in law to purchase, accept, hold and sell, and convey real and personal estate, make contracts, sue and be sued, to make by-laws, and to do all lawful acts properly incident to a corporation, and necessary and proper for the transaction of the business and construction of the work, for which it is incorporated, and to have and use a common seal, and the same to alter and destroy at its pleasure. SEC. 2. And be it enacted by the authority aforesaid, That the capital stock of said company shall be two hundred thousand dollars, divided into shares of one hundred dollars each, but may be increased from time to time, as it may be deemed expedient by the majority of the board of directors of such corporation for the time being, and by such sum or sums as said board of directors may order and determine: Provided, That said capital stock, when so increased, shall not in the whole, exceed the sum of five hundred thousand dollars. And it is also enacted, that the board of directors for the time being, shall be authorized to prescribe the terms and conditions of subscriptions for such additional stock as may from time to time be required.

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SEC. 3. And be it enacted by the authority aforesaid, That for the original capital stock of two hundred thousand dollars, books of subscription shall be opened at the following places, to wit: At the town of Forsyth, in Monroe county, by Elias Beall, Angus M. D. King, and Henry H. Lumpkin, Jesse Dunn and Cyrus Sharp, for the sum of one hundred thousand dollars. At the village of Cullodenville, in the county of Monroe, by John H. Persons, Arthur Ginn and James Banks, for the sum of twenty-five thousand dollars. At Stalling's store, in Monroe county, by William Stallings, John H. Greene, and Mede Lesseure, for the sum of twenty-five thousand dollars. At Macon, in the county of Bibb, by Hugh Craft, Alfred Clopton and Robert A. Beall, for the sum of fifty thousand dollars. And the books of subscription shall be opened at each of said places on the same day, which shall be the second Monday of February next; and a majority of said commissioners at each place shall be competent to do all acts incident to their office; and the different sets of commissioners shall make at least three weeks previous advertisement of the time and place of opening their respective books of subscription; which advertisement shall be published in the Macon Gazettes, and such other gazettes as the said sets of commissioners respectively shall choose. And if any of the commissioners appointed by this act, shall renounce or decline acting, the Governor on being apprised thereof, is requested and hereby authorized to appoint some fit and proper person or persons to supply the place of him or them so declining to act. Upon the books being opened as aforesaid, the commissioners shall receive from individuals, companies or corporations, subscriptions for so many shares, as they may see fit to subscribe for, not exceeding fifty shares to any one individual, company or corporation, until three days shall have expired, after which, the shares not previously taken or any number thereof, may be subscribed for and taken by any individual, company or corporation: Provided, no share shall be considered as subscribed for, unless there shall be paid down to the commissioners at the time of subscribing, five dollars on each share subscribed, for which the commissioners shall give the subscriber a certificate setting forth the number of shares taken by such subscriber, and the amount per share which he has paid thereon. SEC. 4. And be it enacted by the authority aforesaid, That the books shall be kept open at each place for the space of

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ten days, and being closed on the last day, each of the other sets of commissioners shall transmit to those at the town of Forsyth, a list of the subscribers designating on such list as in the subscription books, the days on which the persons respectively subscribed, with the number of shares, and sums paid, set opposite to each name, which list shall be signed and certified by said commissioners; and thereupon the commissioners at Forsyth shall from all the lists make out one general list, specifying the days on which each subscriber subscribed, the number of shares taken by him, and the amount paid thereon, so that on summing up the whole, it may appear whether the stock is filled up or falls short of the aforesaid capital. If the number of shares subscribed and on which five dollars each shall have been paid, shall fall short of two thousand shares, but shall amount to one thousand shares, the said company may be formed thereon; and if one thousand shares shall not appear to have been subscribed, then on such result being ascertained, no further subscriptions for shares shall be received at any other place than Forsyth; the commissioners at which latter place shall continue to keep their books of subscription open for subscriptions for the whole of the stock not previously taken; and so soon as one thousand shares shall have been taken, and five dollars each paid, the company may be formed thereon as afore stated; and for the residue of the original number of shares, the said corporation when organized, may cause books to be opened by the directors, under thirty days notice of the time and place of subscription, and receive such additional subscriptions as can be obtained on the same terms as aforesaid, of five dollars per share being paid at the time of subscription; and may keep the books open till the whole number of two thousand shares be taken. SEC. 5. And be it enacted by the authority aforesaid, That each of said sets of commissioners shall as soon as practicable after the expiration of the ten days of subscription mentioned in the next preceding section, deposit in the Central Bank of Georgia, all the money by them respectively received on account of subscriptions for stock, said money so deposited to be subject to the draft or order of the said company, by its president and board of directors, after said company shall be organized. And the commissioners at Forsyth shall also, in like manner, deposit in said Bank, such money as they may receive on account of subscriptions of stock as well after as before the said ten dayssubject to the like draft or order of the company by its president and board of directors, after the company is organized.

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SEC. 6. And be it enacted by the authority aforesaid, That for the organization of the company, so soon as the requisite amount of stock has been subscribed, the commissioners at Forsyth shall appoint a convenient time and place for the meeting of the stockholders, which they shall cause to be advertised in the Macon gazettes and such others as they please, for three weeks in succession, previously to the day of meeting; at which time and place the subscribers may attend in person, or be represented and vote by proxy, and no one but a subscriber shall be capable of being a proxy, and the appointment shall be in writing, signed by the appointing member, and duly authenticated by the oath of a subscribing witness endorsed thereon or annexed thereto, by a lawful magistrate, and the meeting being assembled, the proxies examined and admitted, and a proper registry made of all the subscribing members who may be present in person, or by proxy, the commissioners at Forsyth, or a majority of them shall present a ballot box, in which the subscribers may vote for officers by ballot; and the presiding commissioners shall count the ballots, enter the same, and declare the result of the election, of which they shall make and deliver to the persons elected a proper certificate or certificates under their hands. The officers to be elected shall consist of a president and eight directors, for the first year, and thereafter such number of directors as may be established by the by-laws, to serve for one year, and until a new election be made. And be it further enacted, that the president shall always be one of the board of directors, and shall have a voice and vote as such. SEC. 7. And be it enacted by the authority aforesaid, That in said election of president and directors the votes shall be taken by the following rule: each subscriber shall be entitled to a number of votes equal to the number of shares he or she may hold in the stock of the said company; and at all future elections of president and directors, at all votings whatever by the stockholders at any stated or occasional corporate meetings, the above-stated rule shall be observed: SEC. 8. And be it enacted by the authority aforesaid, That the election of president and directors shall be had annually, according to a by-law to be made for that purpose; and in case any vacancy occur in the board between the stated periods of election, the board of directors or a majority of them, at any regular or stated meeting of the board, may elect by ballot from among the stockholders a person to fill the vacancy, until the next general election of directors: But if it should so happen

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that the day of the annual election of president and directors should pass without an election being made, in whole or in part, the corporation shall not thereby be dissolved or deemed to be discontinued, but it may be lawful on any other day to hold and make such election, in such manner as may be prescribed by the by-laws of the corporation, subject always to the rule prescribed in the seventh section of this act. SEC. 9. And be it enacted by the authority aforesaid, That the said Monroe Rail-road Company shall have power and capacity to purchase, have and hold, in fee simple or for years, to them and their successors, any lands, tenements or hereditaments that they may find necessary for the site on and along which to locate, run, and establish the aforesaid rail-road, or to vary or alter the plan or plans, and of such breadth and dimensions through the whole course of said road as they may see fit; and also in like manner to purchase and hold any lands contiguous to, or in the vicinity of said rail-road, that they may find necessary, for the purpose of procuring all necessary or proper materials for constructing, repairing, and adequately guarding and sustaining said rail-road; and in like manner to purchase all rights of way on land and all necessary privileges on waters or water-courses, that may lie on or across the route of said road; and also, all lands contiguous thereto, that may be found necessary for the erecting of toll-houses, store-houses, and other buildings or accommodatious that may be necessary or useful to said road, or to the business thereof: and said company shall have power, if need be, to conduct the rail-road across any public road or highway; and across any streams or water-courses that may lie across the route: Provided, said Company shall so construct their rail-road across all public roads, as not to obstruct or injure the same. SEC. 10. And be it enacted by the authority aforesaid, That in all or any case or cases where land or private rights of way may be required by said Company for the uses aforesaid, and the same cannot, for want of agreement between the parties as to price, or for any other cause, be purchased from the owner or owners thereof, the same may be taken at a valuation to be made by commissioners, or a majority of them, to be appointed by the superior court of the county where the land or right of way may be situated: and the said commissioners, before they act, shall severally take an oath before some justice of the peace faithfully and impartially to discharge the duties assigned them: In making said valuation, the said commissioners shall take into consideration the loss or damage which may occur to the owner

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or owners, in consequence of the land being takne, or the right of way obstructed; and also, the benefit and advantage that he, she or they may receive from the establishment of said rail-road, and shall state particularly the nature and amount of each; and the excess of loss or damage over and above the benefit and advantage, shall form the measure of valuation of the said land or right of way: The proceedings of said commissioners, accompanied with a full description and plat of said land, shall be returned under the hands and seals of said commissioners, or a majority of them, to the court whence said commission issued, there to remain of record. And the lands or right of way shall vest in said Company, in fee simple, as soon as the valuation thereof may be paid, or, when refused, may be tendered. SEC. 11. And be it enacted by the authority aforesaid, That the said Monroe Rail Road Company shall have the exclusive right of transportation and conveyance of persons, produce, merchandize, and all other things over the rail road to be by them constructed, as long as they shall see fit to exercise such exclusive right: Provided, that the charges for transportation or conveyance shall not exceed the rate of three-fourths of a cent per hundred pounds on heavy articles per mile, and four cents per cubic foot for every twenty-five miles, and five cents per mile for every passenger: And provided also, that said company may, when they see fit, rent or farm out, any part or the whole of their said exclusive right of transportation on said rail road with the privileges thereof, to any individual or individuals or other company, subject to the rates above mentioned. And the said company in the exercise of their said right of carriage and transportation, or the persons so taking such right by contract from said company, shall, so far as they act on the same, be regarded as common carriers, and said company shall be at liberty to use or employ any sections or parts of said road, before the whole is completed, subject to the rates above mentioned. And said company shall be authorized to make all by-laws and regulations touching said road, and the uses and business which may be deemed fit and expedient: Provided, the same be not repugnant to the laws and constitution of this state or of the United States. SEC. 12. And be it enacted by the authority aforesaid, That if any person or persons shall intrude on said road or any part thereof, by any manner of use thereof, or of the rights or privileges connected therewith, without the permission or contrary to the will of said company, the person or persons so intruding shall and may be indicted, as for a misdemeanor, and on conviction, fined and imprisoned by sentence of the superior court of

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the county. And if any person shall wilfully and maliciously destroy, or in any manner hurt, damage, injure or obstruct, or shall wilfully and maliciously cause, or aid and assist, or counsel and advise any other person or persons to destroy, or in any manner to hurt, damage, or injure, or obstruct, the said rail road, or any bridge, vehicle, edifice, right, or privilege connected therewith, such person so offending, shall be liable to damages on the civil side of the court, and shall also be liable to be indicted, and on conviction thereof, shall be imprisoned at hard labour in the Penitentiary, for a term not less than four years; the one half of all fines to be imposed by the court under this act, shall go to the company and the other half to the prosecutor. SEC. 13. And be it enacted by the authority aforesaid, That the exclusive right to make, keep up, and use a rail road, between Macon and Forsyth, shall be vested in said company, for and during the term of thirty-six years, to be computed from the time when said rail road shall be completed and ready for the purposes of transportation through the whole distance from Macon to Forsyth: Provided, that one thousand shares of said stock shall be subscribed and taken, before the meeting of the next General Assembly of this state, and the said rail road be commenced within one year thereafter, and completed within five years after the passage of this act. And, after the said term of thirty-six years shall have expired, although the Legislature may authorize the construction of other rail roads between the said towns of Macon and Forsyth; nevertheless, the Monroe Rail Road Company, incorporated by this act, shall remain incorporate and continue to be vested with all the estate, rights, powers and privileges, as to their own works herein granted and secured, except the exclusive right to make, keep up, and use a rail road between said two towns, but the legislature may renew and extend said exclusive right on such terms as may be prescribed by law and accepted by said company. SEC. 14. And be it enacted by the authority aforesaid, That the the power of making the by-laws and of appointing such officers, agents and servants as the business of the company may require, and of controlling generally its affairs, and of entering into contracts in its behalf, shall be exercised by the president and directors of said company. SEC. 15. And be it enacted by the authority aforesaid, That the State of Georgia, or any company authorized by said State, shall have the right of connecting other rail roads with the one contemplated by this act, and continuing the rail roads so conducted

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in any direction except between Macon and the said town of Forsyth: Provided, such rail roads shall not cross the Ocmulgee river. SEC. 16. And be it enacted by the authority aforesaid, That after the company chartered by this act, shall be organized and formed, the president and directors thereof shall be authorized from time to time, to call on the stockholders for the payment of such instalments on the shares subscribed, as they may deem necessary and expedient for the prosecution and completion of the said works, until the whole of the stock subscribed shall be paid in. And said president and directors shall give ninety days previous notice in the Macon gazettes, of the amount of the instalments so required to be paid, and of the time of payment. And a failure on the part of any stockholder to pay up any one of the instalments so called for as aforesaid, shall induce a forfeiture of the share or shares on which such default is made, and all past payments thereon, and the same shall vest in and belong to said company, and may be appropriated as they shall see fit to the purposes for which said company is chartered. SEC. 17. And be it enacted by the authority aforesaid, That it shall be the duty of the company, as soon as practicable, after it shall have been organized by the election of a president and directors, to issue to each subscriber, scrip or certificates of the stock held by him and of the amount paid thereon; and the shares of said stock held by any person, shall be assignable and transferable in law; and the said corporation shall and may by their by-laws and regulations, prescribe the mode of issuing evidences of shares of stock, and the terms and conditions, and also, the times and manner in which shares in the company shall be transferred. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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AN ACT to incorporate the Central Rail Road and Canal Company of Georgia. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That for the purpose of opening a canal or rail road communication from the city of Savannah to the interior of the state, the corporations of the cities of Savannah and Macon, and such other corporation and individuals as those corporations shall associate with them and their assigns, shall hereafter be a body corporate, by the name and style of The Central Rail Road and Canal Company of Georgia, and by said corporate name shall be capable in law to buy, hold, and sell real and personal estate, make contracts, sue and be sued, to make by-laws, and to do all lawful acts properly incident to a corporation, and necessary and proper to the transaction of the business for which it is incorporated, and to have and use a common seal, and the same to alter and destroy at its pleasure. SEC. 2. And be it enacted by the authority aforesaid, That the capital stock of said company shall be fifteen hundred thousand dollars, divided into shares of one hundred dollars each, but may be increased to a sum not exceeding three millions of dollars, whenever it may be deemed expedient by a majority of the board of directors of said corporation for the time being. SEC. 3. And be it enacted by the authority aforesaid, That the said corporation be, and it is hereby authorized and empowered to make, construct, and maintain a canal or rail road, for the transportage of produce, merchandize, and passengers, of suitable width, depth, and dimensions, in the most cheap, proper and practicable course from the city of Savannah to the city of Macon, paying to the owners of land through which the same may pass, a just indemnity, to be ascertained as hereinafter provided for, for the value of the land covered by the rail way or canal, and for three hundred feet on each side of the same, and of its navigable artificial feeders, for the procurement therefrom of timber, earth, stones, and other materials, and for the construction thereon of basins, toll houses, slips, locks, docks, and other necessary and proper works and purposes; and whenever a person shall own land on both sides the canal or rail road at any point, the company shall be bound to suffer such

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owner to construct for his own convenience, such road or bridge across the canal or rail road as may not obstruct or incommode the navigation or passage on or along the said canal or rail roadBut no person shall be at liberty to ford such canal or to cross such rail road, except by such bridge, without the express permission of such corporation: Provided, nothing herein contained shall prohibit a future legislature from passing laws authorizing the construction of rail roads, canals, or other works of internal improvement, from tide water on the Atlantic coast to the mountains, across the route which may be selected for the construction of the road herein authorized. SEC. 4. And be it enacted by the authority aforesaid, That when any person shall feel himself aggrieved or injured by the said canal or rail road, or by reason of any of the feeders, waste ways or out lets of such canal being cut or carried through his land, or by any other works of the said company, or when the said company cannot agree with any person, through or on whose land the said rail way or canal or appendages shall be conducted as to the damage sustained, the amount of such damage or injury shall be ascertained and determined by the written award of three sworn appraisers, to be chosen one by the company, one by such owner if he shall think proper, and one by the inferior court of the county where such land lies; but if such owner shall decline to appoint an appraiser, then two appraisers to be appointed by the inferior court as aforesaid, and one by the said company, the award of whom shall operate as a judgment for the amount against the company, and shall be enforced by an execution from the inferior court, with the right of appeal to either party, to be tried by a special jury at the next term thereafter, of the superior court of said county, and the decision shall vest in the company the fee simple of the land in question, and in the other party a judgment for its value thus ascertained, which may be enforced by the ordinary process of said court. SEC. 5. And be it enacted by the authority aforesaid, That whenever the said canal or rail road shall intersect any public road, the company shall be bound to build a safe and substantial bridge, to be afterwards maintained by the company, and any public or private bridges may at any time be built [Illegible Text] the said canal or rail road: Provided, such bridges shall not obstruct or incommode the use or navigation of the said rail way or canal. SEC. 6. And be it enacted by the authority aforesaid, That the directors for the time being, shall have power to employ artists, managers and labourers, and appoint such officers as

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shall be necessary for executing the business of the company, and to allow them reasonable compensation for their services, and shall be capable of exercising all such other powers and authorities for the well governing and ordering the affairs of said company, as to them shall seem fit for the interests of said company. SEC. 7. And be it enacted by the authority aforesaid, That the said canal or rail way, and the appurtenances of the same, shall not be subjected to be taxed higher than an half per cent. upon its annual nett income. SEC. 8. And be it enacted by the authority aforesaid, That any person injuring the property of said company, or who shall throw earth, stones, trees, rubbish, logs, or any other matter or thing whatsoever, into or upon the said canal or rail road, or its appurtenances, shall be punished by indictment as for a misdemeanor, and on conviction may be fined and imprisoned at the discretion of the court, and shall also be liable for such damages as may be occasioned thereby; to be recovered by action at the suit of the said company, or of any person aggrieved, in any court having jurisdiction. SEC. 9. And be it enacted by the authority aforesaid, That the said company shall be entitled to the exclusive use of the said canal or rail road, with their boats, cars, or other modes of conveyance; and if the said company shall permit or suffer others to use the same, the said company shall be entitled and empowered to receive and collect tolls on all vessels, rafts, boats, and all and every other water craft or thing which may pass the canal, or any part thereof, or any vehicle of whatsoever character or denomination, and all other things which by the regulations of said company shall or may be allowed to pass on the said rail road; and that for the collection of tolls, the said company or its proper officers may stop and detain all boats, vessels, craft or rafts, vehicles, or produce or merchandize using the said rail road, until the owners or carriers thereof shall pay the toll which shall be fixed by the said company. And if any owner, skipper, supercargo, carrier, or other person in charge of any boat, ark, craft or raft, or vehicle, or car, shall pass by any place appointed for receiving tolls, without making payment thereof, he, she or they so offending, shall forfeit and pay for each offence, the sum of twenty-five dollars, to be sued for and recovered by action of debt in the manner, and subject to the same rules and regulations as debts under thirty dollars are now recovered, and costs of suit.

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SEC. 10. And be it enacted by the authority aforesaid, That after the route of such canal or rail way shall have been accurately surveyed and adopted, and a plat thereof deposited in the Department of State, it shall not be lawful for any other canal or rail road to be built, cut, or constructed in any way or manner, or by any authority whatsoever, running laterally within twenty miles of the route so adopted, unless by the said company, or with the consent of the board of directors thereof for the time being. SEC. 11. And be it enacted by the authority aforesaid, That the said Corporations of Savannah and Macon shall be, and they are hereby authorized, to open books for subscription for the stock of the said company, at such times and in such places as the said two corporations shall agree and determine, and to require the payment in the first instance of such sum per share, or subscription, as those two corporations shall agree on and determine. SEC. 12. And be it enacted by the authority aforesaid, That it shall be the duty of the said two corporations of Savannah and Macon, as soon as the sum of seventy-five thousand shares shall have been paid in by the stockholders, to cause to be elected by the stockholders, in the manner hereinafter pointed out, from among the stockholders, seven directors, of whom not more than five shall be residents of the city of Savannah, who shall hold their seats until the first Monday in January thereafter; and after such first term of office seven directors, of whom not more than five shall be residents of Savannah, shall be annually elected on the first Monday in January.The directors at their first meeting after such election, shall choose one of their number as President, who shall hold his office one year, and may receive such compensation as the directors shall deem reasonable.In case of his death, resignation, removal from the state, or other vacancy, the board of directors shall fill his place for the balance of the time by another election. SEC. 13. And be it enacted by the authority aforesaid, That a majority of the directors shall constitute a board for the transaction of business, of whom the President shall always be one, save in cases of sickness or necessary absence, in which cases his place may be supplied by any director appointed by the President. The said board of directors may call for further instalments on each share when necessary for the interest of the company, not to exceed 100 dollars on each share in the whole, giving at least sixty days notice in the public gazettes of Savannah

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and Macon of such call, and any and all stockholders failing to pay any instalment so called for, for ten days after the time designated by such call, shall for ever forfeit his stock in the said company, and all payments which he may have heretofore made, and the stock so forfeited, shall vest in and become the property of the said company, to be disposed of as the board of directors thereof shall determine. SEC. 14. And be it enacted by the authority aforesaid, That the number of votes of each stockholder shall be according to the number of shares he shall holdeach share to be entitled to one vote; and in all cases the stockholders shall be allowed to vote in person or by proxy: Provided, that after the first election no share or shares shall confer a right of suffrage which shall not have been holden for three calendar months previous to the day of election, and the transfer on the books of the Company shall be the only evidence of such holding. SEC. 15. And be it enacted by the authority aforesaid, That certificates of stock shall be issued to the stockholders on the payment of the sum required at the time of subscription, which shall be transferable on the books of the Company only, and by personal entry of the stockholder or his legal attorney or representative only authorized for that purpose. SEC. 16. And be it enacted by the authority aforesaid, That the directors shall keep fair and regular entries of their proceedings in a book provided for that purpose; and on every question, when any one director shall require it, the yeas and nays of the directors voting shall be duly entered on the minutes, and those minutes shall at all times, on demand, be produced to the stockholders, when at a meeting thereof they shall be required. SEC. 17. And be it enacted by the authority aforesaid, That any number of stockholders, who together shall be proprietors of one thousand shares, shall have the power at any time to call a meeting of the stockholders of said Company, for purposes relating to the Company; and of all meetings of stockholders, at least sixty days previous notice shall be given in the gazettes of Savannah and Macon, specifying therein the object of the meeting. SEC. 18. And be it enacted by the authority aforesaid, That the principal office of the said Company shall be located at Savannah, with subordinate offices or agencies at Macon, and such

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other places as the board of directors shall determinewith power nevertheless to the stockholders, at any meeting at which a majority of the whole shall be present or represented, to remove such principal office to Macon, or any other point of said rail-road or canal: that all elections and meetings of stockholders shall be held at such principal office only. SEC. 19. And be it enacted by the authority aforesaid, That at all elections or meetings of the stockholders, the corporations of the cities of Savannah and Macon, and such other corporations as shall become members of the said Company, shall vote and be represented by proxies, or a proxy, respectively elected by the mayor and aldermen thereof, or other corporate body. SEC. 19. And be it enacted by the authority aforesaid, That the said Company shall have full power and authority to carry such rail-road or canal over and across all or any rivers, creeks, waters or water courses, that may be in the route thereof, or any branch thereof by any suitable bridges, or other proper means: Provided, that when such rail-road or canal shall cross any navigable water course, that the same shall not be so constructed as to impede the navigation thereof. SEC. 20. And be it enacted by the authority aforesaid, That the rail-road or canal authorized by this act, shall be commenced within two years after the passage of this act, and shall be finished within six years after the term aforesaid; and on failure thereof, the charter hereby granted shall be forfeited. SEC. 21. And be it enacted by the authority aforesaid, That the exclusive right granted by this act to the Central Rail-road and Canal Company of Georgia, to construct, keep up, and use a rail-road and canal, or a rail-road or canal, between the city of Savannah and the city of Macon, shall be and continue for and during the term of thirty-six years, to be computed from the time fixed by this act for the completion of the works authorized by this act; and after the expiration of said term of thirty-six years, the legislature may authorize the construction of other rail-roads and canals between said cities: Provided nevertheless, the said Central Rail-road and Canal Company of Georgia shall, after the lapse of said thirty-six years, be and remain incorporate and vested as to their own works with all the estate, rights, powers and privileges by this act granted and secured, except the exclusive right aforesaid; but the legislature may renew and extend that exclusive right, upon such terms as may be prescribed

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by law, and be accepted by said incorporated company. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833. AN ACT to authorize the President, Directors and Company of the Steam-boat Company of Georgia to run a Canal or Rail-road from the city of Augusta to some point on the Savannah river, so as to avoid the shoals and other obstructions to the navigation of said river. Whereas, the shoals and other obstructions in the Savannah river frequently impede the navigation thereof, and hinder the transportation of merchandize and produce: And whereas, a line of rail-road or canal communication between Augusta and a point below these shoals and obstructions would greatly facilitate the export of the products of this state, and the import of the necessary supplies of merchandize: Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the president, directors and company of the Steam-boat Company of Georgia, be and are hereby authorized and empowered to run a rail-road or canal of suitable width, depth and dimensions, in such course as shall be determined on, from the city of Augusta to such point on the Savannah river as may be selected by them, to avoid the shoals and other obstructions lying below Augusta, paying to the owners of land through which the same may pass a just indemnity, to be ascertained as hereinafter provided for, and for three hundred feet on each side of the same, and of its artificial feeders; for the procurement of timber, earth, stones,

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and other materials, and for the construction thereon of basins, toll-houses, slips, locks, docks, and other necessary and proper works and purposes. And whenever a person shall own land on both sides of the canal or rail-road, at any point, the Company shall be bound to construct, for his or her convenience, such bridge or road as may be necessary to prevent inconvenience to said owner or owners, on or along the said rail-road or canal: but no person shall be at liberty to ford such canal or to cross such rail-road, except by such bridge, without the express permission of the directors of the Steam-boat Company, or its proper officer. SEC. 2. And be it enacted by the authority aforesaid, That the said Company, for the accomplishment of the said work, be and it is hereby authorized and empowered to appropriate to this purpose such part of the capital stock of said Company, and such other means of said Company, as shall be necessary, or be deemed fit by the board of directors. SEC. 3. And be it enacted by the authority aforesaid, That when any person shall feel himself aggrieved or injured by the said canal or rail-road, or by reason of any of the feeders, wasteways, or outlets of such canal being cut or carried through his land, or by any other works of the said Company, or when the said Company cannot agree with any person through or over whose land the said rail-road or canal, or appendages, shall be conducted, as to the damages sustained, the amount of such damage or injury shall be ascertained and determined by the written award of three sworn appraisers, to be chosen one by the Company, one by such owner if he shall think proper, and one by the inferior court of the county where such land lies; but if such owner shall decline to appoint an appraiser, then two appraisers to be appointed by the inferior court aforesaid, and one by the Company, the award of whom shall operate as a judgment for the amount against said Company, and shall be enforced by an execution from the inferior court, with the right of appeal to either party, to be tried by a special jury at the next term thereafter of the superior court of said county; and the decision shall vest in the Company the fee simple of the land in question, and in the other party a judgment for its value, thus ascertained, which may be enforced by the ordinary process of said court. SEC. 4. And be it enacted by the authority aforesaid, That whenever the said canal or rail-road shall intersect any public road, the Company shall be bound to build a safe and substantial bridge, to be afterwards maintained by the public; and any public

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or private bridges may, at any time, be built across the said canal or rail-road, provided such bridges shall not obstruct or incommode the use or navigation of said rail-road or canal. SEC. 5. And be it enacted by the authority aforesaid, That any person injuring the property of said Company, or who shall throw earth, stones, trees, rubbish, logs, or any other matter or thing whatsoever into or upon said canal or rail-road, or its appurtenances, shall be punished by indictment as for a misdemeanor, and on conviction may be fined and imprisoned, at the discretion of the court; and shall also be liable for such damages as may be occasioned thereby, to be recovered by action at the suit of said Company, or of any person aggrieved, in any court having jurisdiction. SEC. 6. And be it enacted by the authority aforesaid, That the said Company shall be, and it is hereby authorized, to fix, settle and determine on the rates of toll to be assessed on all boats, arks, rafts, and every other water craft or thing which may pass the canal; or any thing or any vehicle of whatever character or denomination, and on all merchandize and produce, and all other things which by the regulation of said Company shall or may be allowed to pass on the said rail-road, and the same to alter at its discretion: and that for the collection of said tolls, the said Company, or its proper officer, may stop and detain all boats, vessels, craft, or rafts, or vehicles, or produce or merchandize using the same, until the toll due thereon be paid; and if any person, in charge of any boat, craft or vehicle subject to toll, shall pass by any place appointed for receiving tolls, without making payment thereof, the person so offending shall forfeit and pay for each offence the sum of twenty-five dollars, to be sued for and recovered by action of debt in any court having jurisdiction thereof SEC. 7. And be it enacted by the authority aforesaid, That after the route of such canal or rail-road shall have been accurately surveyed and adopted, and a plat thereof deposited in the Department of State, it shall not be lawful for any other canal or rail-road to be built, cut, or constructed, in any way or manner, or by any authority whatsoever, within ten miles of the route so adopted, unless by the said Company, or with the consent of the board of directors for the time being. SEC. 8. And be it enacted by the authority aforesaid, That at the expiration of twenty-five years from the completion of said rail-road or canal, the State shall be authorized to buy at

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par value the said rail-road or canal, and then continue the use thereof as the legislature shall determine. But from the completion of said rail-road or canal to the expiration of the twenty-five years thereafter, the president, directors and company of the Steam-boat Company of Georgia, their agents or assigns, shall have and enjoy all the right, title, and interest in said rail-road or canal, and the profits arising therefrom; and at the expiration of the aforesaid mentioned period, should the State not deem it advisable to purchase the said rail road or canal, together with all the appurtenances thereunto belonging, then the privileges of this charter shall be extended to the said Company, its agents or assigns, for ever. SEC. 9. And be it enacted by the authority aforesaid, That the said Company shall have full power and authority to carry such rail-road or canal over and along any rivers, creeks, waters, or water courses, that may be in the route thereof, or any branch thereof, by any suitable bridges, or other proper modes. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833.

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AN ACT to incorporate the Georgia Rail Road Company, with powers to construct a Rail or Turnpike Road from the City of Augusta, with branches extending to the Towns of Eatonton, Madison, in Morgan county, and Athens, to be carried beyond those places, at the discretion of said company, to punish those who may wilfully injure the same, to confer all corporate powers necessary to effect said object, and to repeal an act entitled An act to authorize the formation of a company for constructing a Rail Road or Turnpike from the City of Augusta to Eatonton, and thence westward to the Chattahoochee River, with branches thereto, and to punish those who may injure the same, passed the 27th December, 1831. Sec. 1st Be enacted etc 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 company provided for in this act, and hereinafter more especially incorporated and authorized; shall and may direct and confine their first efforts and enterprise to the formation and completion of a rail road communication between the City of Augusta and some point in the interior of the state, to be agreed upon by the stockholders, which road shall be called the Union Rail Road:and the same being completed, the company shall have power to construct three Branch Rail Roads, beginning at the point agreed upon as the termination of the Union Road, or such point for the middle road as the stockholders may select: one running to Athensone to Eatontonand the third to Madison, in Morgan County; which branches shall be erected simultaneously: Provided, the amount of stock subscribed will warrant the completion of all at the same time; and if the stock subscribed will not warrant the completion of all of said branches at one and the same time, then that branch shall be first completed which the stockholders may by vote designate. The company shall have the further power to continue the Athens branch towards any point which may be agreed upon, on the Tennessee riverAll of which shall be done at such time and in such manner as the stockholders may direct. SEC. 2. And be it enacted by the authority aforesaid, That The company shall have the exclusive privilege of [Illegible Text] rail roads from any point in this state within twenty miles of the road herein designated as the Union Road and its branches,

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leading to Eatonton, Athens and Madison, continuously to the city of Augusta, for and during the term of thirty-six years. SEC. 3. And be it enacted by the authority aforesaid, That The stock of the company authorized and incorporated by this act, shall consist of fifteen thousand shares, of one hundred dollars each share, and the said company to be formed on that capital; but the said company shall be at liberty to enlarge their capital, as in the progress of their undertaking, they may find necessary; and that, either by additional assessments on the original shares, not to exceed in the whole the sum of twenty dollars in addition to each original share, or by opening books for enlarging their capital by new subscriptions in shares of not more than one hundred dollars, so as to make their capital adequate to the works they may undertake, and also to prescribe the terms and conditions of the new subscriptions. And it shall be lawful for the company, from time to time, to invest so much, or such parts of their capital, or of their profits, as may not be required for immediate use, and until it may be so required, in public stock of the United States, or of this State, or of any incorporated bank, or lend out the same at interest, on good security, and draw and apply the dividends, and when, and as they shall see fit, sell and transfer any parts or portions thereof: Provided, That nothing herein contained shall be so construed as to authorize said company to issue bills of credit, or to loan out any monies at a greater rate of interest than eight per cent. SEC. 4. And be it enacted by the authority aforesaid, That Books for subscription to the stock of the company hereby authorized, shall be opened in Athens and Eatonton for two thousand five hundred shares in each place, to wit: In Athens, by William Williams, James Camak, Stephens Thomas and William Dearing. In Eatonton, by Josiah Flournoy, Henry Branham, C. P. Gordon and Irby Hudson. In Madison, for two thousand shares, by L. Johnson, E. A. Nisbet, A. G. Saffold, and J. B. Walker. In Greenesborough, for fifteen hundred shares, by N. Newis, Thomas Stocks, Thomas Cunningham and W. C. Dawson. In Sparta, for one thousand shares, by William Terrell, Joel Crawford, W. H. Sayre and Charles E. Haynes. In Warrenton, for five hundred shares, by Thomas Gibson, Henry H. Lockhart, Gray A. Chandler and Solomon Locket. In Crawfordville, for five hundred shares, by Absalom Janes, John Mercer, Henry B. Thompson and Archibald Gresham.

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In Augusta, for fifteen hundred shares, by Thomas Cumming, Wm. H. Turpin, Wm. C. Micou, and John W. Wilde. In Washington, for one thousand shares, by D. P. Hillhouse, Samuel Barnett, Joseph W. Robinson, and L. S. Brown. In Lexington, for one thousand shares, by John Moore, John Banks, Joseph H. Lumpkin and Edward Cox; and, In Appling, for one thousand shares, by Thomas N. Hamilton, Archer Avery, Watt L. Collins, and Wensley Hobby. And the books shall be opened by said commissioners, or a majority of them, shall be opened in each of the said places, on the same day, which is hereby fixed to be on the first Monday of February next; and the different sets of commissioners shall advertise the time and place of subscribing in the public gazette or gazettes of the places respectively; and if no gazette be published at any of the places, those commissioners shall advertise in the Georgia Journal and Federal Union; and such advertisement shall be inserted for at least three weeks prior to the day fixed for opening the books: Provided, That if any of the commissioners at the time of opening the books, shall be sick or unable to attend, the other three commissioners, or a majority of them, may choose a proper and discreet person to supply his place; and if any of the commissioners before named, shall after the passing of this act, renounce or decline acting, the Governor, upon being apprised thereof, is hereby requested to nominate and appoint fit and proper person or persons to supply the vacancy of him or them so declining to act. Upon the books being opened as aforesaid, the commissioners or a majority of them, shall receive from individuals, corporations, or companies, subscriptions for so many shares as they may see fit to subscribe for, not exceeding one hundred, until three days shall have expired, and after that, for any number of the remaining shares they may think proper, on the condition that at the time of subscribing, there shall be paid down to the commissioners or a majority of them, five dollars on each share subscribed; for which they shall give a receipt, and directly deposit the money in the Central Bank of Georgia, or any other incorporated bank, subject to the draft or order of said company, by its president or board of Directors, after the company shall be organized. SEC. 5. And be it enacted by the authority aforesaid, That The books shall be kept open for ten days at each place, between the hours of nine in the morning and three in the afternoon; and being closed, on the last day, each set of commissioners shall transmit to the commissioners in Athens, a list of the subscribers,

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designating on such list as in the subscription books, the days on which the persons respectively subscribed, with the number of shares, and sums paid, set opposite to each name, with a certificate at the bottom of the list, to be signed by each commissioner, that the money is deposited in Bank, conformably to this act; and thereupon the commissioners in Athens shall, from all the lists of subscribers, make out one general list, specifying the days respectively on which each subscribed, so that on summing up the whole, it may appear whether the stock is filled up, or falls short of the aforesaid capital. If the number of shares subscribed, and five dollars each paid thereon, shall fall short of the fifteen thousand shares, but amount to five thousand shares, the said company may be formed thereon; and for the residue of the original number of shares, the said corporation when organized, may cause books to be opened by the directors, under sixty days notice of the time and place of subscription, and receive such additional subscriptions as can be obtained, on the same terms as aforesaid, of five dollars being paid on each share at the time of subscription; and may keep the books open until the whole number of fifteen thousand shares shall be subscribed. SEC. 6. And be it enacted by the authority aforesaid, That For the organization of the company, the commissioners at Athens shall appoint a convenient time and place for the meeting of the stockholders, which they shall cause to be advertized in one or more of the gazettes aforesaid, for three weeks in succession, previously to the day; at which time and place the subscribers may attend in person, or be represented and vote by proxy; and no one but a stockholder [Illegible Text] shall be capable of being a proxy, and the appointment shall be in writing, signed by the appointing member, and duly authenticated by the oath of a subscribing witness endorsed thereon, or annexed thereto by a lawful magistrate; and the meeting being assembled, the proxies examined and admitted, and a proper registry made of all subscribing members, by person or by proxy, who may be present, the Athens commissioners, or a majority of them attending, shall present a balloting box, in which the subscribers may vote for officers by ballot; and the presiding commissioners shall count the ballots, enter the same, and declare the result of the election, of which they shall make and deliver proper certificate or certificates under their hands. The officers to be elected shall consist of a President and twelve Directors, for the first year, and thereafter such number of directors as may be established by the by laws, to serve for one year, and until a new election be made.

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SEC. 7. And be it enacted by the authority aforesaid, That In the said election for President and Directors, the votes shall be taken by the following rule. Each subscriber shall be entitled to a number of votes equal to the number of shares he may hold in the stock of said company. And on all future elections of President and Directors, in the making, altering or repealing of by laws, in determining on measures involving the general interests of the company, at any stated or occasional corporate meeting, the votes shall be governed by the above stated rule. SEC. 8. And be it enacted by the authority aforesaid, That The election of President and Directors shall be made annually, according to a by-law to be made for that purpose: and in case any vacancy occur in the board between two periods of general election, the board of directors, or a majority of them, at any stated and regular meeting of the board, may elect by ballot, from among the stockholders, a person to fill the vacancy so occurred, until the next general election of directors. But if it should so happen that the day of annual election of President and Directors shall pass without an election being effected, or any of them, the corporation shall not thereby [Illegible Text] dissolved or deemed to be discontinued; but it may be lawful on any other day, to hold and make such election, in such manner as may be prescribed by the by laws of the corporation, subject always to the rule prescribed in the seventh section of this act. SEC. 9. And be it enacted by the authority aforesaid, That The aforesaid company, to be organized as aforesaid, shall be called the Georgia Rail Road Company, and shall have perpetual succession of members, may make and have a common seal, and break or alter it at pleasure; and by their corporate name aforesaid, may sue and be sued, answer and be answered unto, in all courts of law and equity, or judicial tribunals of this state; and shall at all times be capable of making and establishing, altering and revoking all such regulations, rules and bylaws for the government of the company and its direction, as they may find necessary and proper for the effecting of the ends and purposes intended by the association and contemplated in this act: Provided, such rules and regulations, and by-laws, shall not be repugnant to the laws and Constitution of this state. SEC. 10. And be it enacted by the authority aforesaid, That The said Georgia Rail Road Company shall have power and capacity to purchase, and have and hold, in fee simple, or for years, to them and their successors, any lands, tenements or hereditaments, that they may find necessary for the site, on and along

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which, to locate, run, and establish the aforesaid rail road and rail roads, or any branches thereof; or to vary or alter the plan or plans, and of such breadth and dimensions through the whole course of the road and roads, as they may see fit; and also, in like manner, to purchase any lands contiguous, or in the vicinity of the rail road and rail roads, hereby authorized, that they may find necessary for the procuring, and from time to time, readily obtaining all necessary or proper materials, of what kind soever, for the constructing, repairing, and adequately guarding and sustaining the said rail road or rail roads, and in like manner, to purchase all rights of way on land, and all necessary privileges in waters or water courses, that may lie on or across the route, which the said rail road or rail roads may pass; and also all lands contiguous thereto, that may be found necessary for the erecting of toll houses, store houses, workshops, barns, stables, residences, and accommodations for servants or agents or mechanics, and for the stationing and sustaining all animals of labour. And the said company shall have power, if need be, to conduct the rail road across any public road, and by suitable bridges, over and across all or any rivers, creeks, waters, or water courses, that may be in the route; or if they should deem it more convenient and suitable, may pass carriages using the road, by convenient boats, across the same: Provided, That the said company shall so construct their rail road across all public roads, as not to obstruct or injure the same. SEC. 11. And be it enacted by the authority aforesaid, That In all or any case where land or private rights of way may be required by the said company, for the purposes aforesaid, and the same cannot, for want of the agreement of the parties as to price, or for any other cause, be purchased, from the owner or owners, the same may be taken at a valuation, to be made by commissioners, or a majority of them, to be appointed by the Inferior court of the county where any part of the land or right of way may be situated. And the said commissioners, before they act, shall severally take an oath before some Justice of the peace, faithfully and impartially to discharge the duties assigned them. In making said valuation, the commissioners shall take into consideration the loss or damage which may occur to the owner or owners, in consequence of the land being taken, or the right of way obstructed. The proceedings of the said commissioners, accompanied with a full description and plat of the said land, shall be returned under the hands and seals of a majority of the commissioners to the court from which the commission issued, there to remain of record. And the lands or right of way so valued by the commissioners, shall vest in the

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said company, in fee simple, so soon as the valuation thereof may be paid, or when refused, may be tendered. SEC. 12. And be it enacted by the authority aforesaid, That The said Georgia Rail-Road Company shall at all times have the exclusive right of transportation or conveyance of persons, merchandize, and produce, over the rail-road and rail-roads to be by them constructed, while they see fit to exercise the exclusive right: Provided, that the charge of transportation or conveyance shall not exceed fifty cents per hundred pounds on heavy articles, and ten cents per cubic foot on articles of measurement, for every one hundred miles; and five cents per mile for every passenger: Provided always, that the said company may, when they see fit, rent or farm out all or any part of their said exclusive right of transportation or conveyance of persons on the rail-road or rail-roads, with the privileges to any individual or individuals, or other company, and for such term as may be agreed upon, subject to the rates above mentioned. And the said company, in the exercise of their right of carriage or transportation of persons or property, or the persons so taking from the company the right of transportation or conveyance, shall, so far as they act on the same, be regarded as common carriers. And it shall be lawful for the said company to use or employ any sections of their intended rail-road, subject to the rates before mentioned, before the whole shall be completed; and in any part thereof, which may afford accommodation for the conveyance of persons, merchandize or produce. And the said company shall have power to take, at the store-houses they may establish on or annexed to their rail-road, all goods, wares, merchandize, and produce, intended for transportation or conveyance; prescribe the rules of priority; and charge such just and reasonable terms and compensation for storage and [Illegible Text] as they may by rules establish, (which they shall cause to be published,) or as may be fixed by agreement with the owners: which compensation shall and may be distinct from the aforesaid rates of transportation. SEC. 13. And be it enacted by the authority aforesaid, That If any person or persons shall intrude upon the said railroad or railroads, or any part thereof, by any manner of use thereof, or of the rights or privileges connected therewith, without permission, or contrary to the will of the said company, he or they shall forthwith forfeit to the company all the vehicles and animals that may be so intrusively introduced and used thereon, and the same may be seized by the company or its agents, or recovered by suit at law: And moreover, the person

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or persons so intruding, shall and may be indicted as for a misdemeanor, and upon conviction fined or imprisoned, or both, at the discretion of the court of the county. And if any person shall wilfully and maliciously destroy, or in any manner hurt, damage, injure or obstruct, or shall wilfully and maliciously cause, or aid and assist, or counsel or advise, any other person or persons to destroy, or in any manner to hurt, damage or injure, or obstruct the said railroad, or any branch thereof, or any bridge connected therewith, or any vehicle, edifice, right or privilege granted by this act, and constructed for use, under the authority thereof, such person so offending shall be liable to be indicted, and, on conviction thereof, shall be imprisoned at hard labor in the Penitentiary, at the discretion of the court, not less than four years, and shall be further liable to pay all the expenses of repairing the same. The one half of all the fines that may be imposed by the court, under this act, shall be paid to the informer, and the other half to the said company. SEC. 14. And be it enacted by the authority aforesaid, That Whenever the company aforesaid shall see fit to farm out as aforesaid, to any person or persons, or body corporate, any part of their exclusive right of conveyance and transportation, or shall deem it expedient to open the said rail road or any part thereof, to public use, they shall and may adopt and enforce all necessary rules and regulations, and have power to prescribe the construction and size or burthen of all carriages and vehicles, and the materials of which such shall be made, that shall be permitted to be used or pass on the said rail road, and the locomotive power that shall be used with them. SEC. 15. And be it enacted by the authority aforesaid, That The exclusive right to make, keep up, and use the rail roads and transportations authorized by this act, shall be for and during the term of thirty-six years, to be computed from the time when the said rail road from Augusta to either of the points hereinbefore designated, shall be completed for transportation: Provided, That the subscription of stock or shares of said company to the amount of at least five thousand shares, as aforesaid, be filled up within six months from the passing of this act, and the work from, or between Augusta and either of the places hereinbefore first mentioned, be commenced within two years, and be completed within six years after the five thousand shares shall be subscribed. And after said term of thirty-six years shall have elapsed, though the Legislature may authorize the construction of other rail roads, for the trade and intercourse contemplated herein: Nevertheless, The Georgia Rail Road

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Company shall remain and be incorporate, and vested with all the estate, powers and privileges as to their own works herein granted and secured, except the exclusive right to make, keep up, and use rail roads over and through such parts of the country, that shall so have expired by the foregoing limitation; but the Legislature may renew and extend that exclusive right, upon such terms as may be prescribed by law, and be accepted by the said incorporated company: The stock of the said company and its branches shall be exempt from taxation for and during the term of seven years from and after the completion of the said rail roads or any one of them: and after that, shall be subject to a tax not exceeding one half per cent. per annum on the net proceeds of their investments. SEC. 16. And be it enacted by the authority aforesaid, That After the President and Directors shall be elected as aforesaid, it shall always be in the power of the said President and Directors, at a meeting of the Board, a majority being present, to nominate and appoint a Secretary, a Treasurer, and all other officers, agents and servants, that they may deem necessary, or as may be prescribed in the by laws of said company, removable at the pleasure of the board of Directors; and also require and take from all officers, agents, and servants, such bond or bonds and security as the board or by laws may prescribe, for securing the fidelity, obedience, accountability and correct conduct of the officers, agents or servants so appointed, and their punctually surrendering up all monies and property on their being removed or displaced, or the [Illegible Text] of their appointment expiring. SEC. 17. And be it enacted by the authority aforesaid, That The President and Directors, by an order signed by the President, shall have power to draw from the Central Bank of Georgia, or other Banks of [Illegible Text] all such monies as may have been received by the different sets of commissioners, for the first payments by subscribers on their subscriptions of stock as before provided. SEC. 18. And be it enacted by the authority aforesaid, That Every person who shall be a subscriber to, or holder of stock in the said company, shall pay to the company the instalment of fifteen dollars on each and every share, in such periods of not less than six months, as shall be prescribed and called for by the Directors, after which the Directors may call for the further moiety of each share, in payments not exceeding fifteen dollars per share, in periods of not less than six months, of which periods of payment by instalment on the shares, and the

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sums required, the board of Directors shall cause public notice to be given for at least four weeks previously to the day of payment, by advertizing the same in one or more of the gazettes of Milledgeville and Augusta. And failure to pay up any one of the instalments so called for as aforesaid, shall induce a forfeiture of the share and shares on which default shall be so made and all past payments thereon, and the same shall vest in and belong to the company, and may be appropriated as they shall see fit. It shall be the duty of the company, as soon as may be, after they are organized, or of the board of Directors, to issue scrip to each subscriber for the shares he holds, and deliver the same at the time of the second payment; on which, if convenient and practicable, receipts for the instalments paid and that may successively be paid, may be endorsed, and the scrip issued may be made assignable and transferable in person or by attorney, at the office and on the books of the company; and the said corporation shall and may, in and by their bylaws, rules and regulations, prescribe the mode of issuing the evidences of shares of stock and the terms and conditions, as also the times and manner in which shares in the company may be transferred. SEC. 19. And be it enacted by the authority aforesaid, That Whensoever the said company shall find occasion to increase their capital by additional assessments on the original shares, as before mentioned, in the third section of this act, within the limits therein mentioned, the said further sum on each share shall not be called for in less than two instalments at similar periods, and like notices as are mentioned and provided in the immediately preceding section; and failure to pay up such additional assessments, shall in like manner, as therein provided, induce a forfeiture to the company of the share or shares of stock on which default should so be made. SEC. 20. And be it enacted by the authority aforesaid, That The President and Directors shall be styled The Direction of the Corporation, and shall make all contracts and agreements in behalf thereof, and have power to call for all instalments, declare all dividends of profits, and to do and perform all other acts and deeds which by the bylaws of the corporation, they may be empowered or required to do and perform; and the acts of the Direction, or their contracts, authenticated by the signatures of the President and Secretary, shall be binding on the corporation without seal. Regular minutes shall be kept for all meetings of the direction, and of the acts there done: and the Direction shall not exceed in their contracts the amount of the capital of the corporation; and in case they shall do so, the President and Directors

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who are present at the meeting at which such contract or contracts so exceeding the capital, shall be made, shall be jointly and severally liable for the amount of the excess both to the contractor or contractors and to the corporation: Provided, that any one may discharge himself from such liability by voting against such contract or contracts, and causing such vote to be recorded in the minutes of the Direction, and giving such notice thereof to the next general meeting of the stockholders. SEC. 21. And be it enacted by the authority aforesaid, That The Direction shall, once in every year at least, make a full report on the state of the corporation, and of its affairs, to a general meeting of the stockholders, and oftener, if so directed by the by laws; and shall have power to call a general meeting of the Stockholders, when the direction shall deem it expedient; and the corporation may provide, in their by laws, for oceasional meetings being called, and prescribe the mode thereof. SEC. 22. And be it enacted by the authority aforesaid, That If the company, instead of constructing the rail roads herein specified, should deem it preferable to construct common roads, and use steam carriages thereon, they shall have power to do so, under the same regulations, and with the same privileges in all respects, as are herein prescribed in relation to rail roads. SEC. 23. And be it enacted by the authority aforesaid, That The act entitled An act to authorize the formation of a company for constructing a rail road or turnpike from the city of Augusta to Eatonton, and thence westward to the Chattahoochee River, with branches thereto, and to punish those who may injure the same, passed the 27th December, 1831, is hereby repealed, in every clause and section thereof; and this act of incorporation, shall be deemed and taken to be a public act, and shall be judicially taken notice of as such, without special pleading. SEC. 24. Be it enacted by the authority aforesaid, That whensoever a number of stockholders in interest amounting to three thousand shares, shall unite, for the furtherance, construction and completion of either of said branches of said road, they shall have power to terminate said [Illegible Text] road, and may at such time and place as they may choose and designate, determine for themselves the point or place of diverging with such branch of said road as they may then and there point out and ascertain to be identified with their interest, as stockholders: Provided, the said stockholders, so electing, shall have given, to said Union Company, their agents or attorney, ten days previous notice of

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such their choice, of their respective names and their respective amounts of stock, and of the point or place of their intended disunion. That said stockholders so electing and determining as aforesaid, shall and may then and there be and exist as a separate body corporate, and shall then and there, and thenceforward have, use and exercise all the rights, privileges, immunities and enjoyments, hereby given, granted and secured to said Union Company, to attach, be held, used, and exercised by said stockholders so electing as aforesaid, of, for, on account of, and to the particular road to which they may then and there direct and apply themselves. That their powers as a corporate body shall be similar, and their rights, privileges, and immunities, in regard to said road, so diverging, shall be the same, and subject to the same restrictions, as herein and hereby provided, imposed and granted to, upon, and for the said union company. They shall not be called on by said Union Company, from and after the day of their said election and determining said point of diverging, for any other or further payment on stock, but may proceed as a distinct company to construct a branch of said road to and through the respective points, Eatonton, Greenesborough and Madison, or Athens, respectively, according to circumstances, as they may chooseand said stockholders so electing and determining as aforesaid, shall be known, according to the branch to which they shall respectively attach themselves by the corporate name and style of the Eatonton Rail Road, the Greenesborough and Madison Rail Road, or the Athens Rail Road. And said branch companies, so named, shall and may apply the residue of their stock, unpaid and unapplied at said time of diverging, to the separate and sole use and construction of the branch to which each may be attached, and shall and may have, use and enjoy, all the rents, issues, and profits of said branch, to which they may be attached, to the sole use, benefit and behoof of themselves, their heirs and assigns, for the time heretofore limited to said Union Company, and according to the provisions of this act. They shall in no way be liable to each other as separate companies, for the expenses or repairs of their respective roads, nor in any way responsible for each other's acts, from and after the time and place of disunion or diverging, designated aforesaid, so long as they may remain and exist as separate companies. The Stockholders in the Union road, to the point of diverging, shall nevertheless, exist as one corporate body, and be liable as such that far, and receive the benefits of said union road to said point, according to the provisions herein before contained: Provided, That nothing herein contained shall prevent said branch companies from uniting their interest and efforts, as circumstances mutually moving them may suggest.

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SEC. 25. And be it enacted by the authority aforesaid, That whenever any person shall own land on both sides of said rail road, at any point, the company shall be bound to suffer such owner to construct for his own convenience, such roads or bridges across the said rail road or its branches, as may not obstruct or incommode the passage on or along the rail road. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, Dec. 21st 1833. RELIEF. AN ACT to authorize Abraham Rowan, of Putnam county, to adopt Ascenith Dobbins, daughter of John M. Dobbins, as the child of the said Abraham Rowan, and to authorize the said Ascenith Dobbins to inherit by descent from the said Abraham Rowan. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall and may be lawful for the said Abraham Rowan to have, receive, keep and maintain the said Ascenith Dobbins as the proper child of him the said Abraham Rowan. SEC. 2. And be it enacted by the authority aforesaid, That the said Ascenith Dobbins, from and after the passage of this

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act, shall and may lawfully receive and take by descent, any part or portion of the estate, both real and personal, of which the said Abraham Rowan may die seized and possessed, which by the statutes of distributions in this state, might or would [Illegible Text] and vest in the proper child or children of him the said Abraham Rowan. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to Dec. 20th, 1833. AN ACT for the relief of Jesse Mitchell, of Walton county. Whereas, Jesse Mitchell, trustee of the poor school fund of the county of Walton, had in his hands at the time of the failure of the Merchants' and Planters' Bank, the sum of seventy-five dollars of the bills of said bank, as a part of the poor school fund of the county of Walton, which he was not authorized by law to use or appropriate to his own use. 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 so soon as Jesse Mitchell, of the county of Walton, shall pay into the Central Bank of the state of Georgia the sum of seventy-five dollars in bills of the Merchants' and Planters' Bank, it shall be the duty of the cashier of said bank to give to the said Jesse Mitchell a certificate to that effect. SEC. 2. And be it enacted by the authority aforesaid, That on the presentation of such certificate to his excellency the Governor.

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it shall be his duty to issue his warrant on the treasurer in favour of said Jesse Mitchell, for the sum of seventy-five dollars. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor Assented to, 23d Dec. 1833. AN ACT to change the name of John Marsh, to that of John Terry. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the said John Marsh, shall be known in law by the name of John Terry, any law, usage, or custom to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833.

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AN ACT to explain and amend an act, passed and assented to, the 22d day of December, 1827, entitled, an act to legitimatize and change the name of certain persons. Whereas, in the above recited act, it was intended to change the names of Drury Taylor and [Illegible Text] Gregory, to that of Drury Phillips and Martha Phillips, but the name Gregory was [Illegible Text] after the name of Martha, whereby it would appear that the name was Martha Taylor, when it was intended to be Martha Gregory, therefore, Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the name of the said Martha Gregory, shall be changed and known by the name of Martha Phillips, and to be entitled to all the privileges that was intended by the above recited act, any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. [Illegible Text]

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AN ACT to exempt persons residing within the incorporation of the town of Hamilton, in Harris county, from liability to road duty beyond the corporate limits of said place. 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 persons residing within the incorporation of the town of Hamilton, in Harris county, shall not be compelled to perform road duty throughout the district in which said town is situated, as heretofore, but their liability shall be restricted and confined to the corporate limits of said place. SEC. 2. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, Dec. 23d, 1833. AN ACT for the relief of purchasers of certain fractional and square Lots of Land, in the first district of originally Muscogee. Be it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the holders of certificates for fractional and square lots of land, situate in the

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first district of originally Muscogee county, which have been sold by the sheriffs of the counties of Crawford and Marion, or either of them, and yet unpaid for, shall, on the payment of the principal and interest due on said fractional and square lotsand also the payment of the usual grant fees to the treasurer of this Statebe entitled to a grant for the same: Provided, the amount so due be paid on or before the first day of July next; any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT for the relief of the heirs of John S. Cripps. Whereas, John Champneys Tunno, agent of the heirs of John S. Cripps, did, through mistake, pay to the tax collector of McIntosh county the sum of two hundred and seventy-four dollars and fifty-four cents, over and above the sum justly due by said heirs, the one half of which has been received by the State, the other half by the county of McIntosh; which said one half so received by the county of McIntosh has been refunded to the said Tunno, as appears by sufficient evidence presented to this legislature. Therefore, Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the treasurer of the State shall pay or refund to John Champneys Tunno, agent of

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the heirs of John S. Cripps, the sum of one hundred and thirty-seven dollars and twenty-seven cents, being the sum received by the State over and above the taxes justly due. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833. AN ACT for the relief of Rufus K. Evans, Leonard Adams, Alexander Burnett, and Hockey L. Towns. Whereas it has been made to appear to this legislature, that the said Rufus K. Evans, Leonard Adams, Alexander Burnett and Hockey L. Towns, became securities for the appearance of one Carter Langford at the superior court for the county of Bibb, for the year of our Lord one thousand eight hundred and thirty-one, at the February term thereof, to answer to the offence of an assault with intent to murder, and that from circumstances not within the control of said securities, they were unable to produce the body of said Carter Langford to stand his trial for said offence, notwithstanding they had made every exertion to do so. And whereas it is not the policy of the State in requiring security for the appearance of persons charged with offences to obtain the penalty of their bonds, but to bring offenders against the law to trial and punishment. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the justices of the inferior court of Bibb county be, and they are hereby authorized and empowered to remit, pay over, and refund to Rufus K. Evans and Alexander Burnett, respectively, the amounts paid by them or either of

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them, on a judgment in favour of the State vs. Carter Langford, Leonard Adams, Alexander Burnett, Rufus K. Evans, and Hockey L Towns: Provided, That nothing herein contained shall be construed so as to exonerate the said securities from the payment of the cost due on said fi. fa. or the said Carter Langford from paying the full amount of said fi. fa. SEC. 2. And be it enacted by the authority aforesaid, That the solicitor general of the Flint circuit be, and he is hereby required to enter upon the said judgment a release to the said Rufus K. Evans, Leonard Adams, Alexander Burnett, and Hockey L. Towns, for the amount of principal and interest due thereon. SEC. 3. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833. AN ACT for the relief of Thomas J. Harper, of Captain Ramsey's district, Franklin county, and of Isaac Scott, of Chatham county. Whereas, Thomas J. Harper was a resident of and gave in for a draw of land in Captain Ramsey's district, Franklin county, under the land lottery act assented to May 15th, 1821, to dispose of and distribute the land lately acquired by the United States for the use of Georgia of the Creek Nation of Indians, by a treaty made and concluded at the Indian Springs, on the eighth day of January, eighteen hundred and twenty-one, c. And

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whereas, Job Hammond and John E. Carson, two of the registers and takers in of the names of those entitled to draws in said lottery, for the county of Franklin, took in and registered the name of Thomas J. Harper for one draw as Thomas W. Harper through mistake and inadvertence. And whereas lot number twenty-eight and second district, Henry county, was drawn to the name of Thomas W. Harper, of Captain Ramsey's district, Franklin county, when in truth no such individual lived in said district; but said Thomas J. Harper did live therein, and was the person to whose name said lot ought of right to have been drawn: And whereas, some person unknown to the Executive of Georgia, did, on the twelfth day of July, eighteen hundred and twenty-eight, grant said lot in the name of the drawer, Thomas W. Harper, of Captain Ramsey's district, Franklin county, as aforesaid, when it is manifest that no such individual lived in said district at that or any other time, so far as is known to this General AssemblyAnd whereas, from the facts stated in the foregoing preamble, it is manifest that great injustice has been done to the said Thomas J. Harper: For remedy whereof, Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, his excellency the Governor be, and he is hereby authorized and required to issue a grant to said Thomas J. Harper, for said lot of land, upon his paying into the treasury the usual fees for grants in said lottery, which said grant shall have precedence of any grant or grants heretofore issued to said lot or tract of land. SEC. 2. And be it enacted by the authority aforesaid, That the Governor be, and he is hereby authorized and required to cause the name of Thomas W. Harper to be cancelled whenever it occurs upon the records of the Executive or State House offices, touching the drawing of or granting said lot of land, and have the name of Thomas J. Harper inserted in its stead; any law to the contrary of no force and notwithstanding. And whereas the name of Isaac Scott was registered in Raiford's district, Chatham county, as an orphan, for a draw in the land lottery of 1821: And whereas lot No. 26, 9th Dooly, was drawn to the name of Isam Scott: And whereas the name of Isaac Scott was not registered for a draw in Chatham county in said land lottery: And whereas the said lot of land has been granted to Isam Scott.

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SEC. 3. And be it enacted by the authority aforesaid, That his excellency the Governor be, and he is hereby empowered and authorized to issue a grant of said lot (No. 26, in the 9th district of Dooly,) to Isaac Scott, and to cause to be cancelled the grant heretofore issued to Isam Scott, for the said lot; any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT for the relief of the tax collectors of Lowndes county, and of Carroll county, for the year 1832. Whereas, by an act of the Legislature of the State of Georgia, passed on the day of December, 1830, the general tax levied upon the citizens of said State, was reduced at and after the rate of twenty-five per cent: And whereas, the receiver of tax returns for the county of Lowndes and of Carroll, being unapprised of the provisions of the before recited act, made out their digests according to the provisions of the law, as it existed previous to the passage of the aforesaid act, reducing the amount of taxes as aforesaid, and the said digest so made out was deposited in the hands of the tax collectors of said counties, and copies thereof deposited in the office of the clerks of the Inferior courts, and in the office of the Comptroller General, in terms of the law by which the said tax collectors did proceed to collect from the citizens of the counties of Lowndes and Carroll, twenty-five per cent more than by law they were authorized to collect, by virtue of said erroneous digest. For relief whereof, Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That

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whenever the tax collector of the said county of Lowndes, shall pay over to the treasurer of said counties of Lowndes and of Carroll, the amount due by law, under the provisions of the law now in force in this State, be discharged from any further liability for, or on account of the error committed by said receiver, in making out the said digest, for twenty-five per cent more than by law it should have been. SEC. 2. And be it enacted by the authority aforesaid, That the overplus so crroneously collected by the tax collectors aforesaid, after paying over the amount required by law to the proper officer, shall be refunded to the several individuals from whom the same was so erroneously collected: Provided, they apply for the same within six months from the passage of this act, and after the expiration of said time, it shall be the duty of said collectors of said counties, to pay over any balance that may then remain in their hands, for which they can produce no receipt, to the treasurers of said counties, for county purposes, any law to the contrary notwithstanding. SEC. 3. And be it enacted by the authority aforesaid, That the tax collectors of said counties, shall advertise at least three months before the expiration of the time herein fixed, for the return of the money so illegally collected, at the court house door of said counties, and the various places of holding Justices' Courts; that the money illegally collected, be returned on application to the proper owner. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833.

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AN ACT for the relief of William Leard. Whereas, William Leard, of the county of Clarke, became security to a bond for one Robert Earnest, in the penalty of one thousand dollars, dated on the fourteenth day of November, in the year eighteen hundred and thirty, for the appearance of the said Robert Earnest before the superior court of said county, on the second Monday in February, 1831, to have answered to the State of and concerning the felonious taking and stealing two or more bushels of wheat, the property of one John W. Graves, with which the said Robert Earnest stood charged. And whereas, at the February term of said court, the said bond was forfeited, on account of the non-appearance of said Robert Earnest. And whereas, a true bill was found against said Robert Earnest, and a scire facias issued on said bond, dated on the twelfth day of July, 1831. And whereas, at the August term, 1833, of said court, a judgment for a thousand dollars was entered up against said William Leard upon said scire facias: Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the justices of the inferior court in and for the county of Clarke be, and the same are hereby authorized, to release the said William Leard from the payment of the said judgment. SEC. 2. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be, and the same are hereby reaealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833.

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AN ACT for the relief of the Tax Collectors of this State, for the year 1832, and for Allen M. McWhorter, Tax Collector for the County of Carroll. Whereas, an act assented to December 26th, 1831, renewed and continued in force an act passed December 18th, 1825, and an act passed December 23d, 1830; which said act of 1831 contemplated a reduction of fifty per cent. on the original tax: Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the comptroller general be, and he is hereby authorized and required to receive and settle with the tax collectors of the several counties in this State, for the year 1832, at and after the rate of twenty-five cents to the dollar on the original tax. SEC. 2. And be it enacted by the authority aforesaid, That the county treasurer is hereby required to settle at and after the rates specified in the first section. SEC. 3. And be it enacted, by the authority aforesaid, That in cases where collectors may have paid over that rate, such collector shall be entitled to a drawback; and, on application, the treasurer is hereby required to settle and pay back to said collector, for the use of the county, the amount so overpaid. SEC. 4. And be it enacted by the authority aforesaid, That Allen McWhorter, tax collector for the county of Carroll, and Jonathan C. Benson, tax collector of Campbell county, shall have until the first day of June next to make out and return their insolvent listsany law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833.

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AN ACT for the relief of the City Council, of the city of Macon, and to repeal certain parts of an act for the sale of the bridge across the Ocmulgee river, passed the twentieth day of December, one thousand eight hundred and twenty-eight. Whereas, pursuant to said recited act, the said city council of Macon became the purchasers of the bridge at Macon, for the sum of twenty-five thousand dollars, which sum was secured by the payment of one-tenth part thereof in cash, by a bond payable to the Governor, for the use of the State, conditioned for the payment of the residue of the purchase money, in nine equal annual instalments. And, whereas, the one-half of the entire purchase money has been paid by said city council, according to contract, since which time the said bridge has been swept away and destroyed by an [Illegible Text] flood, in despite of the utmost exertions. Forasmuch as said bridge is of great public utility, the re-building of which has been projected by said city council, on a more perfect and permanent plan at a great expense; therefore, Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall and may be lawful for the Central Bank, or its officers, and they are hereby required to cancel and deliver up to the city council of Macon, their agents or attorney, the bond or bonds executed and given by them for the payment of the said purchase money, pursuant to said recited act: Provided, nevertheless, that before the said cancelling shall take place, the said city council, their agent or attorney, shall tender, pay, and deliver to said Central Bank, or its officers, a bond or bonds, payable to the Governor for the use of the State and his successors in office, for a sum equal to double the amount of said [Illegible Text] money, now unpaid, conditioned for the payment of what may now remain unpaid of the original purchase money, in five equal annual instalments, the first of which shall arise and fall due ten years after the day on which the next instalment of the original bond or bonds so directed to be cancelled shall arise and fall due by the terms of said bond, from and after the date thereof, the remaining instalments successively thereafter, without computing interest thereon.

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SEC. 2. And be it enacted by the authority aforesaid, That so much of the said recited act as requires said bridge at [Illegible Text] to revert and become the property of the State, on failure of said city corporation or their successors in office, to pay any of the instalments therein specified in terms of said act be, and the same is hereby repealed; and the forfeiture and reversion therein and thereby specified shall obtain, arise and attach on the failure of said corporation to pay any of the annual instalments specified or set forth or to be set forth in the renewal bond herein provided for. SEC. 3. And be it enacted by the authority aforesaid, That all laws, or parts of laws, militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to authorize the Governor to issue a plot and grant to Peter J. Cutteau, for the use of the heirs of Charles Cutteau, for lot No. 7, in the first district of Rabun county. Whereas, Charles Cutteau, late a citizen of Royal's district, in the county of Burke, gave in for two draws, in the land lottery of eighteen hundred and nineteen; and whereas it appears that no other man by the name of Cutteau gave in for draws in said district in the aforesaid lottery; and it further appears from the books in the Surveyor General's office, that Charles Canthan of Royal's district, Burke county, has drawn the aforesaid lot of land; and it appears that no such person as Charles Canthan, gave in his name for a draw in Royal's district, Burke county; and it further appears, from the numerical books in the execution office, that Charles Cantham, (Royal's district, Burke county,) drew the aforesaid lot of land, and that his excellency

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the Governor, has caused his grant to issue to Cbarles Cantham for said lot of land, and the grant is in the hands of some person unknown. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, his excellency the Governor, shall be authorized to cause a grant to issue to Peter J. Coutteau, for the use of the heirs of Charles Coutteau, upon application and payment of the usual fees for a certain lot of land, known by the number seven, in the first district of Rabun county, which the said Charles Coutteau drew in the said lottery of eighteen hundred and nineteen, and whose name was registered through mistake, as Charles Canthan, instead of Charles Cutteau, any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT for the relief of the citizens of the several counties, formed by the division of the late county of Cherokee, in relation [Illegible Text] the payment of taxes. Whereas, after the return of their taxable property by the citizens of the late county of Cherokee, said county was divided into ten counties, whereby the payment of said taxes has been rendered inconvenient, and the county entitled to receive the same uncertain; for remedy whereof, Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That it shall

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and may be lawful for the tax collector of the late county of Cherokee, to deliver on application, to each of the tax collectors of the several counties, into which the county of Cherokee has been, (or during the present session, may be) divided, a certified transcript of the tax book of said county for the year 1832, and the tax collectors of said counties, shall proceed to collect from such citizens as may be residents in said counties respectively, the taxes due by them on said tax books, in the same manner as if said taxes had been given in to the tax receiver of the newly formed county. SEC. 2. And be it enacted by the authority aforesaid, That the tax collector of the said county of Cherokee, shall receive for his compensation, the sum of two dollars for each hundred names contained in said transcripts, respectively, to be paid out of the funds of the county to which the same may be furnished. SEC. 3. And be it enacted by the authority aforesaid, That the return of, not included in Cherokee, made by said tax collector to the names of such citizens of said county, as may have fallen within the limits of either of the newly formed counties, except the county of Cherokee, and approved by the grand jury of the county last aforesaid, shall be accepted by the comptroller general in a settlement with said tax collector, as a discharge for said taxes upon the same terms as are allowed for his insolvent list. SEC. 4. And be it enacted by the authority aforesaid, That all laws or parts of laws, militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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AN ACT to alter and change the name of John Smith, of Hall county, to that of John Golding Smith; and the names of William P. Knowles and Lucretia Mariah Knowles, of Telfair county, to that of William P. Janes and Lucretia Mariah Janes; and to legitimatise and alter the name of Richmond R. O'Neal, of Walton county, to Richmond R. Fielder. Be it enacted by the Senate and House of Representative of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the said John Smith shall be called and known by the name of John Golding Smith; and the said William P. Knowles shall be called and known by the name of William P. Janes; and the said Lucretia Mariah Knowles shall be called and known by the name of Lucretia Mariah Janes.Henry Funderbuy to William Jackson; and Jacob William Baldin to that of Jacob William Clements. The names of William W. Pennington, Urile T., Ezekiel L., John S., Nancy V., Mary Ann E., Clementina, and Martha Ann Pennington, to those of William W. Adams, Urile T., Ezekiel L., John S., Nancy V., Mary Ann E., Clementina, and Martha Ann Adams, and legitimatize the same. SEC. 2. And be it enacted by the authority aforesaid, That the name of Columbus Blackstone Rogers be changed to that of Robert Rogers Pope, and that he is hereby completely and fully legitimatized, and entitled to all the rights and privileges that he would have had if he had been born in lawful wedlock; and capable of taking, and inheriting, and receiving all manner of property, by virtue of the statute of distributions of this State, as far as relates to the estate, both real and personal, of his reputed father Henry N. Pope, of the county of Henry: Provided, nothing in this act shall be so construed as to authorize the aforesaid person to inherit to the exclusion of other children of their reputed father, who have been, or may hereafter be, born in lawful wedlock. SEC. 3. And be it enacted by the authority aforesaid, That the name of Ambrose Edmunson be, and the same is hereby changed to that of William Ambrose McMath, and he is hereby declared to be fully and completely legitimatized, and entitled to all the

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rights and privileges that he would have been, had he been born in lawful wedlock; and be fully capable of taking and inheriting all manner of property, by virtue of the statute of distributions of this State, so far as relates to the estate, real and personal, of William McMath, his reputed father: Provided, that nothing herein contained shall enable the said William Ambrose to inherit to the exclusion of any other child or children of William McMath. SEC. 4. And be it enacted by the authority aforesaid, That from and after the passage of this act, the name of the said Richmond R. O'Neal be changed to that of Richmond R. Fielder, and he is hereby completely and fully legitimatized, and entitled to all the rights and privileges that he would have been entitled to had he been born in lawful wedlock; and he is hereby declared capable of inheriting and receiving all manner of property, by virtue of the statute of distributions of this Stateany law, usage or custom to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT for the relief of David Stancel. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the sum of forty-one dollars be allowed to the said David Stancel, for part of Cherokee improvements he rented and could not obtain

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possession of, and that the said sum of forty-one dollars be placed to his credit on a note given by said David Stancel, now in the Central Bank, under date of the maturity of said note. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833. AN ACT for the relief of John H. Brodnax of Troup county. Whereas, John H. Brodnax was duly appointed to survey the eleventh district of Irwin county, and proceeded to the survey of the same, but the survey made by him being deemed improper and inaccurate, he was sued upon his bond given for the correct execution of said survey; and a large amount being rendered in judgment upon said bond against him, he is still subject to the payment of the same, after the said survey has been examined and established as the correct and proper survey. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the judgment obtained upon the bond of John H. Brodnax, for the survey of the eleventh district of Irwin county shall be, and the same is hereby set aside, and the debt due thereupon is fully forgiven, relinquished and determined, and the clerk of the superior court of Troup county, is directed and required to enter a full satisfaction and relinquishment of the same, upon said judgment, docket and execution, in favour of the said John H. Brodnax.

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SEC. 2. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT for the relief of the purchasers of the fractional parts of surveys on the dry line, in the fifth district of the county of Early. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all purchasers, or holders of certificates of the purchase and sale of any fraction or fractions in the fifth district of the county of Early aforesaid, sold under the authority of an act of the General Assembly of this State, passed the 22d day of December, 1830, and the same being forfeited, shall have, until the 10th of November, 1834, to pay the said instalments, on his, her, or their paying the principal and lawful interest on the amount, under which the said fraction or fractions was forfeited, into the treasury of this State, as required by the said act of the 22d December, 1830, any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833.

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AN ACT to manumit and set free Mary, a woman of colour, and her child Cordelia, now the property, wife and child of Lovewell C. Fluellin, a free man of colour. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passing of this act, Mary, a woman of colour, and her child Cordelia, now the property, wife and child, of Lovewell C. Fluellin, a free man of colour, shall be manumitted and set free, from slavery, and shall be entitled to all the rights, immunities, and privileges, as though she and her child Cordelia had been born free. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833. AN ACT to change and legitimatize the names of sundry persons hereinafter mentioned. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the names of Dorah Ann Driggers, Hustus Berrien Driggers, and Rachael Adaline Driggers, be changed to that of Dorah Ann Studstill, Hustus Berrien Studstill, and Rachael Adaline Studstill, and that they are hereby declared to be fully and completely legitimatized, and entitled to all the rights and privileges that they would have been had they been born in lawful wedlock, and be fully capable

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of taking and inheriting, and receiving all manner of property by virtue of the statute of distributions now in force, or which may hereafter be in force, in this State, so far as relates to the real and personal estate of John Studstill, of Lowndes county, their reputed father, to all intents and purposes, as though they had been born in lawful wedlock: Provided, That the said Dorah Ann, Hustus Berrien, and Rachael Adaline, shall not be entitled to inherit the estate of the said John, to the entire exclusion of any child or children of the said John hereafter born in lawful wedlock. SEC. 2. And be it enacted by the authority aforesaid, That from and immediately after the passing of this act, the name of Ashley Moy, of Laurens county, be changed to that of Ashley Vickers, and that he is declared to be fully and completely legitimatized, and entitled to all the rights and legal privileges, and capable of taking, and inheriting, and receiving all manner and kind of property by the law of this State in relation to distribution of estates, as he would have been entitled to had he been born in lawful wedlock, so far as respects the estate of James Vickers, of Laurens county, his reputed father. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to provide for the payment out of the county funds of Laurens and Telfair county, of the ferriage of all persons that may hereafter have to cross the Oconee river, to attend any of the courts of said counties as jurors and bailiffs, and for other purposes. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be

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the duty of all owners and keepers of ferries across the Oconee river, in the counties of Laurens and Telfair, to set across the said river at their respective ferries all persons that may hereafter have to cross thereat, to attend any of the courts in said county, either as jurors or bailiffs, and to charge the ferriage to the said counties of Laurens and Telfair. SEC. 2. And be it enacted by the authority aforesaid, That so soon as the term of any court may terminate, which is attended by any jurors or bailiffs aforesaid, it shall and may be lawful for the said owners or keepers of the said ferries aforesaid, to make out and present a correct account of the ferriage of the said jurors and bailiffs aforesaid, for crossing the said river aforesaid, in going to and from any of the said counties aforesaid, to the clerks of the superior or inferior courts of said county, according to which of the said courts may have been held; and it shall be the duty of said clerks of the said superior and inferior courts respectively, to pay said accounts out of any fine monies that may be in their or either of their hands; and if neither of the clerks aforesaid shall have any fine money in their hands, then it shall be their duty to give orders on the county treasurer for the amount of such accounts, and it shall be the duty of the county treasurer to pay the said orders out of any money in his hands that may belong to the county. SEC. 3. And be it enacted by the authority aforesaid, That in making out the account aforesaid, it shall be the duty of the said owners or keepers of said ferries, to set forth who crossed at their respective ferries, on what days, the number of times, and whether as bailiffs or jurors, and whether attending the inferior or superior courtsand to present the accounts for setting over to attend the superior court to the clerk thereof, and the account for attending the inferior court to the clerk of said inferior court. SEC. 4. And be it enacted by the authority aforesaid, That if any owner or keeper of any of the ferries aforesaid, shall be guilty of presenting to the said clerks aforesaid, unjust, improper and fraudulent accounts, they shall be subject to be brought before any justice of the peace in and for said county, by warrant, and ordered and compelled by him to pay a fine of not less than five, and not more than thirty dollars. SEC. 5. And be it enacted by the authority aforesaid, That if any person shall fraudulently represent himself as crossing said river at any of the ferries aforesaid, as a juror or bailiff aforesaid, when he is not, and by such representation shall cross

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ferry free, he shall be subject to be indicted for a misdemeanor, and fined at the discretion of the court. SEC. 6. And be it enacted by the authority aforesaid, That laws and parts of laws militating against this act, be and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT for the relief of Lewis A. Thomas and John Gawley, and Moses and Lewis Pollock. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the inferior court of the county of Thomas be authorized to release and exonerate Lewis A. Thomas and John Gawley from all the penalties and liabilities to which they are subject, on a bond given by John Barnes for his appearance at the superior court of Thomas county, to which they are securities, by the said Lewis A. Thomas and John Gawley paying the costs which have already accrued on said bond. SEC. 2. And be it enacted by the authority aforesaid, That the inferior court of Houston county, or a majority of them, be, and they are hereby authorized, upon application of Morris and Lewis Pollock, securities of Hugh Middleton, in a bond of two hundred dollars, conditioned for the appearance of said Middleton at the superior court of said county, to answer to the charge of hog stealingto exonerate the said securities from said

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liability, upon their making satisfactory showing to said court that they, the said securities, have used diligence to obtain the appearance of said Hugh Middleton, and have not connived in any manner in his non-appearance, and upon the paying all costs; and that the solicitor general of the Flint circuit be, and he is hereby required, to enter an exoneretur upon said bond, in the event of the passage of an order by the said inferior court, as herein contemplated. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833. RIVERS AND ROADS. AN ACT to appoint commissioners to lay out a road from Tucker's Ferry, on Flint river, to Americus, in Sumpter, and from thence to Roanoake, in Stewart countyand to provide for opening the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Lovett B. Smith and John Britt, of the County of Sumpter; and that Cullin Roberts, Thomas Pate, and Richard Mathias, be, and they are hereby constituted and appointed a board of commissioners, to survey and make out a road, commencing at Tucker's Ferry, on Flint river, and running from thence by Lumpkin, in Stewart county, and Americus, in Sumpter county, to Roanoake, on Chattahoochee; and that the said road, when so surveyed and laid

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out by said commissioners, shall be by them reported to the superintendent of the public hands of the Western Division, upon which notice the superintendent of said hands shall order and direct, and cause to be opened said road, with the public hands under his control: Provided, that said commissioners shall not be entitled to receive compensation from the State for said services. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to amend and repeal, in part, an act authorizing Ebenezer Jencks to establish a toll-gate on the Newington road, between Joshua Loper's, in the county of Effingham, and the city of Savannah, passed the 10th December, 1803; and also, an act amendatory of the same, passed the 10th of December, 1804; and to amend and repeal, in part, the act of 1830, so far as to increase the board of commissioners of said road, and to repeal the proviso making it the duty of the commissioners of said road to serve the said Ebenezer Jencks with a notice thirty days before they can legally throw open his gate, or turn his road over to the commissioners of roads of Chatham county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that, in addition to the commissioners already created, and constituting said board of commissioners, there shall be added two additional commissioners, to wit: Alexander Knight and Richard A. Lane, who shall exercise all

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the duties imposed by the provisions of the act of 1830, in like manner with those created by the same act. SEC. 2. And be it enacted by the authority aforesaid, That so much of the second section of the act of 1830 which requires thirty days' notice to be given to the said Ebenezer Jencks, his agent or attorney, by the said commissioners, previous to opening his toll-gate and declaring his road out of order, be, and the same is hereby repealed. SEC. 3. And be it enacted by the authority aforesaid, That so much of the fifth section of the above recited act, which requires thirty days' notice to be given to the said Jencks, previous to turning his road over to the commissioners of roads of Chatham county, be, and the same is hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to keep open, remove, and prevent obstructions to the free passage of fish, and the navigation of the Coosa river, from where the Alabama state line crosses the same, to the head thereof and its branches; the Etowah, up to the old Federal road at Blackburn's; the Oostanallee, to the Coosawatteetown, and the Conesauga branch to the Tennessee line, and to punish offenders against the provisions of this act. 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 Ephraim Mabry,

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Robert Ware, and Cooper B. Roberts, of the county of Floyd, Cornelius D. Terhune, William Green, and Z. B. Hargrove, of the county of Cass, Noble P. Bell, Joseph Donalson, and John P. Brooks, of the county of Cherokee, and William N. Bishop, John Saxon, and William L. Tarwin, of the county of Murray, be and the same are hereby appointed commissioners of that part of Coosa river, that is above the Alabama line, and its branches as aforesaid, with full power to carry into effect the provisions of this act; and should it so happen that either of the persons above named as commissioners, should fail or refuse to serve, it shall be the duty of the inferior court of the county, where such vacancy may happen, to appoint some fit and proper person to fill such vacancy; and it shall be their duty thereafter to fill all vacancies that may happen by death, resignation, or otherwise; and the commissioners that are appointed, or who may be appointed hereafter, shall take and subscribe the following oath, (or affirmation,) I, A. B., do solemnly swear, (or affirm) that I will, to the best of my ability, discharge the duties required of me as a commissioner of that part of Coosa river and its branches, as may run through this county as aforesaid, and will faithfully execute the trust reposed in me without favour or affection. So help me God. SEC. 2. And be it enacted by the authority aforesaid, That a majority of said commissioners, in their respective counties, shall be sufficient to form a board, and to do and perform all the duties in said county required by the provisions of this act. SEC. 3. And be it enacted by the authority aforesaid, That from and after the passage of this act, it shall not be lawful for any person or persons to obstruct more than one-third part of the said Coosa river, and its branches, to the places named as aforesaid, by dams, fish traps, or other obstructions; and the main current of said part of Coosa, and its branches as aforesaid, shall at all times be kept open for the passage of fish, boats and other craft. SEC. 4. And be it enacted by the authority aforesaid, That when any obstruction or obstructions shall be placed in said river and branches as aforesaid, it shall be the duty of the commissioners residing in the county that includes such obstructed part of said river or branches thereof, to report the same in writing to the sheriff of said county, informing him of the place or places where such obstruction or obstructions may be located, with the name or names of the person or persons who have obstructed

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or caused the obstructions in said river or its branches as aforesaid; whereupon it shall be the duty of the said sheriff, to proceed without delay, to cause said obstructions to be removed, and if necessary, to call out the posse of said county to assist him, or to prevent opposition on the part of those violating this act; and the persons placing said obstructions in said river, are hereby made subject to pay all the expenses of removing the same, to be recovered in the following manner: when the same does not exceed thirty dollars, a suit shall be brought for the same in the name of the commissioners as aforesaid, against the offending party, in the Justices' court where such offender or offenders may reside, in like manner as other suits are brought in Justices' courts, subject to the same rules of law as govern other suits in said courts, and upon recovery, execution shall issue, and the amount so collected shall be paid over to said commissioners, to be disbursed in discharge of such expenses; and when the amount exceeds thirty dollars, suit shall be brought in the superior or inferior court, subject to the laws and rules governing other cases, the amount recovered paid over and disbursed as aforesaid; and the sheriff, for his services in each case, shall make out a bill of his cost and charges in each case, and lay it before the inferior court when sitting for county purposes, to be examined and passed upon by said court, which court shall order and adjudge the same to be paid by the offending party to the sheriff for his services; and upon the refusal of any party, in any case, to pay the amount so adjudged to be due to the sheriff, said court shall cause a citation to be issued by their clerk, directed to the party, requiring him, her, or them to appear at the next sitting of said court, to show cause why they should not pay over to the sheriff the amount so adjudged to be due him, which citation shall be served at least ten days before the sitting of said court at which they are cited to appear, and on refusal or neglect to pay over the same, or to show cause to the contrary, it is hereby made the duty of said court to issue an attachment against such party as for a contempt, and cause them to be imprisoned until the same shall be paid. SEC. 5. And be it enacted by the authority aforesaid, That in addition to the civil remedies provided in the foregoing part of this act, it is further declared a misdemeanor to place any of the aforementioned obstructions in said river, or its branches as aforesaid; and all and every person or persons offending against the provisions of this act, shall be subject to indictment before the superior court for a misdemeanor, and on conviction, shall be fined the sum of one hundred dollars, and be imprisoned until the same shall be paid.

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SEC. 6. And be it enacted by the authority aforesaid, That all laws militating against this act are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833. AN ACT to improve the navigation of the Great Ogeechee river. Whereas, the Legislature did at the session of 1826, appropriate the sum of five thousand dollars, for the improvement of [Illegible Text] navigation of the Great Ogeechee river; and whereas, the same has not yet been drawn as required by that act, and whereas, the completion of a canal from the Savannah river to the Ogeechee, renders the improvement of the navigation of the said river all important. 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 Andrew Bird, Joseph Hagin, John H. Newton, George W. M`Allister, James Young, Shepperd Williams, sen'r., William Hines, and Robert R. Williams, be, and they are hereby appointed commissioners, or a board with power and authority to draw and appropriate the said sum of five thousand dollars, as heretofore appropriated for the improvement of the navigation of said river, from the mouth of the Ogeechee and Alatamaha canal, to Fenn's bridge; and a majority of the said board may by giving twenty days notice, meet and appoint a secretary and treasurer, who shall continue in office for the term of one year, and until a successor in office is elected and qualified; the treasurer shall give bond with good and sufficient security in the sum of five thousand dollars, to be approved by a majority of the said board conditioned for the faithful performance of the duty of office of

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treasurer, and made payable to the Governor of said State for the time being, and his successors in office, and the Governor is hereby authorized and required to pay over the said sum to the order of a majority of the board of commissioners. SEC. 2. And be it enacted by the authority aforesaid, That when any vacancy may occur in the said board by death, resignation, or otherwise, the vacancy shall be filled by a majority of the surviving board. Sec. 3. And be it enacted by the authority aforesaid, That the commissioners shall assemble at such place and time as may be required by the chairman of the said board; the secretary shall be elected annually: Provided, however, that a chairman and secretary pro tem. may at any meeting be elected to fill a vacancy at any meeting, any law, usage, or custom to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec., 1833. AN ACT to repeal an act to alter and amend the road laws of this State, passed December 19th, 1818, so far as respects the counties of Franklin, Hall, Lincoln, Columbia, and Wilkes; so far as respects the county of Franklin, passed December 23d, 1826. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the above recited act be, and the same is hereby repealed so far as respects the county of Franklin.

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SEC. 2. And be it enacted by the authority aforesaid, That the said road laws of force in this State, previously to the passage of this act be and the same are hereby declared to be revived and of force so far as respects the county of Franklin, any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833. AN ACT to alter and amend the second section of an act entitled an act to appoint three additional commissioners for Broad river, c., passed the 26th December, 1832, so far as to authorize the commissioners therein named, to sue for and collect all public monies in the hands of their predecessors not expended by them. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, that John Beck, Alfred Hammond and Drury B. Cade, of Elbert county, and Thomas Walton, of Lincoln county, and their successors in office, have full power and authority to ask, demand, sue for, and recover in any court of law or equity in this state having jurisdiction of the same, all public monies remaining in the hands of their predecessors not expended, according to the direction heretofore given by the legislature of this state. Also, all tools and implements which have been purchased at the public expense for the purpose of removing obstructions from and improving the navigation of Savannah river. SEC. 2. And be it enacted by the authority aforesaid, That

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said commissioners be allowed all reasonable disbursements made in obtaining the possession of said money and articles, the same to be first paid out of the money so collected, and the remainder to be applied to the improvement of the navigation of Savannah river, as a majority of said commissioners in their judgment may direct. SEC. 3. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to alter and amend a part of the 5th section of an act entitled an act to alter and amend the Road laws of this State, passed 19th December, 1818, so far as respects the counties of Henry, Franklin, Fayette and Heard. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the 5th section of the aforesaid act be, and the same is hereby amended in so far, that from and immediately after the passing of this act, the one half of the fines therein mentioned and directed to be paid to the inferior court, shall hereafter be paid as therein directed to the commissioners of roads in said county, and by them applied to the different roads where the defaulting hands should have worked. SEC. 2. And be it enacted by the authority aforesaid, That

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all laws and parts of laws militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to repeal a part of the third section of an act, entitled an act to alter and amend the road laws of this state, so far as respects the county of Effingham. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That so much of the third section of said act, as deprives the inferior court of said county, of the power or authority to discontinue the road back of the Big Bay in said county, and other roads mentioned in said act, and to apportion the hands to work on the same, be, and the same is hereby repealed, any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD. President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1831.

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AN ACT to authorize and empower the inferior courts of the counties of Stewart and Talbot respectively, on application to grant roads or settlement cartways to private individuals, to go from and return to his, her, or their farm or place of residence. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the inferior courts of Stewart and Talbot counties respectively, are hereby authorized and empowered on application, to grant roads or settlement cartways to private individuals, to go from and return to his, her, or their farm or place of residence. SEC. 2. And be it enacted by the authority aforesaid, That whenever application is made to the inferior court, by any individual for a road or cartway, it shall be the duty of the said court, to appoint three disinterested men in the district where the applicant wishes the road or cartway to run, whose duty it shall be to go and view, and mark out a reasonable road or cartway, having due regard to the least possible injury to the land through which said road or cartway is intended to be run, and return to the said inferior court, the situation and nature of the case. SEC. 3. And be it enacted by the authority aforesaid, That when said return is made, it shall be the duty of said court, to grant such order to the applicant as they may think fit and proper, so as to allow him, her, or them, a way to pass out and in, from and to his, her, or their farms or place of residence. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833.

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AN ACT requiring Justices of the Peace in districts comprehending any town or village of this State, to exercise in certain cases, their usual authority, in relation to Roads and Patrols. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of Justices of the Peace in any district comprehending an incorporated town or village of this State, to exercise the authority with which existing laws invest them, in relation to roads and patrols, in all cases within such town or village, whenever the citizens of the same, shall fail to appoint commissioners, trustees or council, to enforce such road and patrol duty. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, Dec. 21st, 1833. AN ACT to repeal an act, passed 24th of December, 1832, authorizing the inferior court of Burke county to levy a tax on persons liable to road duty, to keep in repair the public roads in said county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That an act passed on the 24th of December, 1832, entitled an act to authorize the Justices of the inferior court of Burke county, to

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levy a tax on persons liable to road duty, in said county, in order to repair and keep in repair the public roads, be, and the same is hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833. SALES. AN ACT to sell and dispose of all the public hands, together with all the horses, mules, carts, tools, and implements belonging to the State of Georgia, now in possession of the different superintendents. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the negro slaves (called the public hands,) be sold and disposed of at the places and in the manner hereinafter pointed out and prescribed. SEC. 2. And be it enacted by the authority aforesaid, That that portion of said negro slaves with the stock, utensils, and other public property connected with them, belonging to the eastern division, and attached to the Gainsville Station, be sold, one at a time, at public outcry, to the highest bidder, at the door of the court house of the county of Hall, in the said town of Gainsville. Those with their stock, c., belonging to said division, and attached to the Cherokee Station, be sold in like manner to the highest bidder, at the door of the court house of the county of De Kalb; those with their stock, c.,

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belonging to said division, attached to the Greensborough and Madison Stations, be sold in like manner, at the door of the court house of the county of Morgan, in the town of Madison; those with their stock, c., belonging to said division and attached to the Petersburg and Lincoln stations, be sold in like manner, at the door of the court house of the county of Elbert; those with their stock, c., belonging to said division attached to the Milledgeville and Hawkinsville station, be sold in like manner, at the door of the court house of the county of Baldwin; those with their stock, c., belonging to the western division and attached to the Columbus station, be sold in like manner, at the door of the court house of the county of Troup; those with their stock, c., belonging to the said last mentioned division and attached to the Macon station, be sold in like manner, at the door of the court house of the county of Bibb; those with their stock, c., belonging to the said last mentioned division and attached to the Flint river station, be sold in like manner, at the door of the court house of the county of Houston, and those belonging to the Rail Road Creek Station, with their stock, c., be sold in like manner, at the market house of the city of Savannah. SEC. 3. And be it enacted by the authority aforesaid, That immediately after the passage of this act, the Governor do cause to be advertised, at least sixty days before the day of sale, in three of the public gazettes nearest to the places where said sales are to be made, the time and place and terms of the same; the names and number of negroes to be sold with the stock, c. And it shall be the duty of the superintendents of said slaves to keep them employed in such manner as his excellency the Governor shall direct, until the time at which the same are to be sold: at which time they shall at the place and in the manner and in the terms hereinafter and hereinbefore prescribed, expose to sale, and sell the said negro slaves under their charge respectively. SEC. 4. And be it enacted by the authority aforesaid, That the said superintendents and each of them shall, and they are hereby authorized as the agent of the State, to execute to the purchaser or purchasers of said slaves, or either of them good and sufficient titles, (warranting the title thereof only) for and to said slave or slaves, and deliver unto him or them the same, on said purchasers paying in cash one-fifth of the purchase money therefor, and the balance in thirty days thereafter, or tendering to said superintendent a certificate from the cashier of the Central Bank of Georgia, that the said purchaser's note for the said balance had been discounted in said bank, which the

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said bank is hereby directed and authorized to do in such manner and on such terms as are usual in discounting on loans: Provided, the same shall not exceed twenty-five hundred dollars. SEC. 5. And be it enacted by the authority aforesaid, That on failure of said purchaser to pay the said one-fifth of the amount of said purchase money at the time of said purchase, the said superintendent shall proceed forthwith to re-sell said slave, not crying again the bid of said defaulting purchaser during said sale. And on failure of said purchaser to pay the balance of said purchase money, or tender said certificate as aforesaid, within the space of thirty days after said sale, said purchaser shall forfeit the said one-fifth so paid, and said superintendent shall on thirty days notice being given thereof as aforesaid, re-sell said slave in the manner, at the place, on the terms and conditions herein before prescribed. SEC. 6. And be it enacted by the authority aforesaid, That in the event any of said slaves from any cause whatever, should be absent from his company on the day appointed for the sale of the same, the said slave or slaves so absent, so soon thereafter as may be convenient, shall be sold in such manner and place as his excellency the Governor shall direct, and the funds arising from the sale thereof shall be turned over to the Central Bank by his Excellency. SEC. 7. And be it enacted by the authority aforesaid, That the said superintendents shall each, within sixty days after the said sales, respectively pay into the Central Bank the funds or monies arising from the sale of said negroes, with a statement of the names of each, the amount for which he sold, and the name of the purchaser; and on failure of either of said superintendents to do so, his Excellency shall take such steps as will compel him to do so. SEC. 8. And be it enacted by the authority aforesaid, That the said funds or monies that may be realized from the sale of said negroes, stock, c. shall be placed as aforesaid in the Central Bank of Georgia, and by that institution to be used as other funds of said bank, and to become a permanent fund for internal improvement, the interest of which only shall be applied or disbursed for said object in such manner as the legislature shall from time to time direct. SEC. 9. And be it enacted by the authority aforesaid, That

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all laws or parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. SHERIFFS. AN ACT amendatory of an act, assented to 17th December, 1825, authorizing Clerks, Sheriffs, and other officers, in any of the counties of the Southern Flint, Ocmulgee, and Western Circuits, and of the county of Warren, to publish their advertisements in any of the gazettes in the city of Augusta, or Milledgeville, or in any paper in the Northern Circuitso far as relates to the said county of Warren. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, it shall and may be lawful for the clerks of the superior and inferior courts and courts of ordinary, sheriffs, coroners, and other officers of the county of Warren, and they are hereby required to publish their advertisements in any of the gazettes published in the city of Augusta, or in Milledgeville, or in any paper in the Northern Circuit.

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SEC. 2. And be it enacted by the authority aforesaid, That the deputy sheriffs in the county aforesaid shall and they are hereby required to advertise their sales in the same gazette in which the principal sheriff shall advertise his sales: Provided, such sheriff or deputies shall, within twenty days after entering on the duties of their office, give notice by written advertisement at the court-house door of said county of Warren, and continue the same for sixty days, specifying the paper selected by them for advertising their sales. SEC. 5. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to authorize the Sheriffs of Hall and Hancock counties, and their successors in office, to publish their sales in any of the public gazettes in this State. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the sheriff of Hall county, and his successors, be, and they are hereby authorized to publish their sales in any of the public gazettes in this state, any law, usage or custom to the contrary notwithstanding. And that the sheriff of Hancock be authorized to advertise his sales in any paper published in the said county, or in Milledgeville. And that all sales heretofore made, or hereafter to be made, by the sheriff of Hancock, notice of which

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shall have been, or shall be, given in a paper published in said county, or in Milledgeville, shall be deemed and considered valid, so far as relates to the notice of such sales. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. TAX. AN ACT to compel Thomas P. Helton, or his securities, tax collector for the county of Stewart in 1831, to pay over to said county, the taxes collected in the aforesaid year of 1831; also, to appoint commissioners to ascertain the amount of said tax. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the justices of the inferior court or a majority of the same be, and they are hereby authorized and required to collect from Thomas P. Helton, or his securities, tax collector for the county of Stewart in the year 1831, so much of the taxes as was by said Thomas P. Helton, collected from the citizens of Stewart county, for the said year 1831. SEC. 2. And be it enacted by the authority aforesaid, That John Stevenson, Henry Grantham, Jared Irwin, Richard Mathias and Edward Slater, be, and the same are hereby appointed

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commissioners to ascertain the amount of said tax collected by Thomas P Helton, for the year 1831, from the citizens of Stewart county, and report the same to the justices of the inferior court so soon as practicable. SEC. 2. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to impose, levy and collect a tax for the political year 1834, on property, real and personal, and to inflict penalties for refusing or neglecting to comply with the provisions thereof. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the act passed on the 18th day of December, 1825, together with all acts and parts of acts which said act revived and continued in force, shall be, and they are hereby revived and continued in force, as the tax act for the political year, one thousand eight hundred and thirty-four, subject to a reduction of fifty per cent. on the amount of taxes required by said acts, to be paid on the several species of taxable property therein enumerated. SEC. 2. And be it enacted by the authority aforesaid, That the second, third, seventh and eighth sections of the tax act passed the 23d day of December, 1830; and the second and third sections of the tax act of 1831, be, and the same are hereby

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revived and continued in force as part of the tax act of 1834, and further, that all acts and parts of acts, assessing any tax except as herein before provided, or militating against this act, be, and the same are hereby repealed. SEC. 3. And be it enacted by the authority aforesaid, That one half of the taxes to be levied and collected under the authority of this act, shall be paid over by the tax collectors to the inferior courts of the respective counties for county purposes, and it is hereby declared to be the duty of the Justices of the Peace, in each Captain's District in this State, to make a return to the receiver of tax returns of all persons liable to pay taxes in their respective districts, on or before the first day of May next, and in each and every year thereafter, any law to the contrary notwithstanding. SEC. 4. And be it nacted by the authority aforesaid, That the fourth section of an act, passed the 24th of December, 1832, be, and the same is hereby revived and continued in force. SEC. 5. And be it enacted by the authority aforesaid, That money lenders, note shavers, brokers, and all who use money in any way, at a profit of more than eight per cent. shall pay a tax of fifty cents on every one hundred dollars which he has on hand, or has loaned out, or which is drawing more than eight per cent. interest, in any way whatesover, except by merchandize or planting. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833.

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AN ACT to compel the tax receiver and collector for Randolph county, for the year 1832, to correct their tax books, and refund the amount of monies illegally collected to the clerk of the inferior court of Randolph county, which is to be paid over to the respective claimants by said clerk. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the tax receiver of Randolph county is hereby required to correct his tax book, for the political year 1832, in accordance with the tax law passed on the 22d December, 1828, amendatory of the tax law passed on the 12th December, 1804; and return his tax book, so corrected, to the collector for the county of Randolph, for the political year 1832. SEC. 2. And be it enacted by the authority aforesaid, That the [Illegible Text] collector for Randolph county is hereby required to correct his tax book, in accordance with the tax book of the receiver, so corrected, for the year 1832, and pay over all the monies which he has collected, to the clerk of the inferior court, over and above what was justly due from the citizens of Randolph county, for taxes, for the political year 1832. SEC. 3. And be it enacted by the authority aforesaid, That the clerk of the inferior court for said county is hereby required to pay over to the respective claimants such sums as may be paid over by the tax collector, and may be due them from the said tax collector of Randolph county, for taxes illegally collected for the political year 1832; and if the said money is not called for in twelve months, then the said clerk is ordered to pay it over to the county treasurer for county funds, any law to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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AN ACT to compel the Tax Collector, County Treasurer, and Justices of the Inferior Court of the County of Lee, to account to and pay over to the County Treasurer of the County of Sumpter, their proportion of the County and State Tax for county funds, which was given in and paid by citizens of the county of Sumpter, for the year 1831, and also such part of the tax for the year 1830, as is yet due and unpaid by the said citizens of Sumpter. Whereas, in the year 1831, certain citizens of Lee county, gave in their returns of taxable property in said county, which have since by the formation of Sumpter county, become citizens thereof, and are nevertheless, liable to pay said tax to the tax collector of Lee county: And whereas, certain citizens of Sumpter county are yet liable for their taxes due to the said county of Lee, for the year 1830, which tax is yet unpaid, and liable for county funds. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of the tax collector for the county of Lee, for the year 1831, and also of the justices of the inferior court, clerk of the inferior court, or county treasurer, as the case may be, having charge of the county funds, to settle with and pay over to the county treasurer of the county of Sumpter all such taxes as are, by the tax laws of the State, appropriated for county funds of the county of Lee, and all such taxes as are levied by the justices of the inferior court of Lee county for county purposes, in all cases where, by the books of the receiver of tax returns for Lee county for the year aforesaid persons were liable, and where, by the lines forming Sumpter county, said persons have become detached from Lee to Sumpter county, and all money paid over to the said county treasurer of Sumpter county, as herein directed, shall go to and become a part of the county funds of said county. SEC. 2. And be it enacted by the authority aforesaid, That in all cases where any execution shall have been issued by the tax collector of Lee county, for taxes due for the year 1830, and where the persons against whom the same may be, have become detached by the lines aforesaid, from the county of Lee to the

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county of Sumpter, the same shall, when collected, be paid over by the officer collecting the same, to the county treasurer of the county of Sumpter, and become a part of the county funds thereof, as provided in the first section of this act. SEC. 3. And be it enacted by the authority aforesaid, That it shall be the duty of the county treasurer of the county of Sumpter, to give to each person paying over money in virtue of this act, a receipt therefor, and the same shall be a sufficient voucher for such person to the proper disbursing officers of the county of Lee: Provided, nothing herein contained, shall be so construed, as to prevent the inferior court of Sumpter county from paying one half of the expense of building the old court house in Lee county, and digging the well at old Sumpterville, but the said inferior court of Sumpter county, shall be bound to pay one half of said expense, any law, usage, or custom, to the contrary notwithstanding. SEC. 4. And be it enacted by the authority aforesaid, That all laws and parts of laws, militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833.

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TOWNS. AN ACT to authorize the Justices of the Inferior Court of Lowndes to take into possession all notes, bonds, or other instruments of writing, given by individuals for lots sold in the town of Franklinville, in said county, and to authorize said Justices to make titles to all lots which have or may be sold in said town. Whereas, the commissioners appointed by the legislature of the State of Georgia to lay out a town at Franklinville, in Lowndes county, and to sell said lots, have all resigned, and refused to act in the said capacity: Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the justices of the inferior court of Lowndes county, and their successors in office, be, and they are hereby authorized and appointed to take into their possession all notes, bonds, or other instruments of writing, given by individuals to the commissioners aforesaid, for lots sold in said town of Franklinville. SEC. 2. And be it enacted by the authority aforesaid, That the justices aforesaid be, and they are hereby authorized to make a title to all lots which have or may be sold in said town: Provided, the purchaser comply with the conditions of sale; and that the justices of said court take all the unsold lots of said town into possession, as a county fundall laws to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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AN ACT to remove the public site in the county of Lowndes, and to name the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the justices of the inferior court of Lowndes county shall proceed to advertise and let out, to the lowest bidder, the building of a suitable court-house and jail, on lot one hundred and nine (109) in the twelfth district of said county; and it shall be the duty of said inferior court to select a suitable place on said lot for the location of said court-house and jail, and proceed to lay out a town, and to advertise and sell the lots in said town, giving three and nine months' credit to purchasers, they giving sufficient security to the said court for the payment of the purchase money; one half payable in three months, and the balance in three months thereafter, to the said inferior court, or their successors in office. SEC. 2. And be it enacted by the authority aforesaid, That so soon as the inferior court as aforesaid shall have completed the said court-house, it shall be the duty of the clerks of the superior and inferior courts to keep their offices at or within one mile of the new court-house so finished. SEC. 3. And be it enacted by the authority aforesaid, That it shall be the duty of the said court to have the said court-house completed by or before the Thursday before the fourth Monday in November, 1834. SEC. 4. And be it enacted by the authority aforesaid, That the presiding officers of the general elections, to take place on the first Monday in October, 1834, shall cause the polls of said election to be opened at the said new court-house, to be called by the name of Lowndesville; and that all subsequent elections for said county shall be held at the said town of Lowndesville: and it shall be the duty of the justices of the inferior court to hold their courts at the said town of Lowndesville, after the first Monday in October, 1834.

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SEC. 5. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833. AN ACT to make permanent the site of the public buildings in the county of Cass, at the town of Cassville, to incorporate the same, and appoint commissioners thereof. 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 Cassville, in the county of Cass, shall be the permanent site of the public buildings in said county. SEC. 2. And be it enacted by the authority aforesaid, That Zachariah B. Hargrove, Samuel Morgan, Chester Hawks, Wiley Paterson, and Joseph H. Stokes, and their successors in office, shall be, and they are hereby made commissioners of the town of Cassville, and shall have full power and authority to pass all by-laws, rules and regulations, which may be necessary for the government of said town, the good order and health of the same: Provided, that such by-laws, rules and regulations shall not be repugnant to the constitution and laws of this State; and that no penalty that is imposed shall extend to life, limb, or member, or to the corporal punishment of free white persons: And provided also, that said commissioners shall not impose any poll tax upon the citizens of said town, which shall exceed fifty cents, within the term of one year.

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SEC. 3. And be it enacted by the authority aforesaid, That the said commissioners shall continue in office until the second Monday in January, 1835, on which day, and on the second Monday in January annually thereafter, all the free white citizens of said town, who shall have paid all taxes required of them by the laws of this State, or by the rules and regulations of said corporation, and who shall be entitled to vote for members of the general assembly, shall assemble at the court-house in said town, and by ballot elect five other commissioners, who shall continue in office for one year, and shall be re-eligible; and that said election shall be held by any justices of the peace, or judges of the inferior court, of Cass county: Provided, that in the event of there being no election of commissioners of said town, in the manner and at the time herein pointed out, the commissioners elected for the preceding year shall continue in office, and remain the commissioners of said town, until their successors are elected: And provided also, that in the event that there shall be no election held at the time and in the manner pointed out in this act, the commissioners of said town may, and they are hereby empowered to order an election for commissioners, to be held in the court-house in said town, at any time, upon ten days' notice being given of said election, upon the door of the court-house, and other public places in the town. SEC. 4. And be it enacted by the authority aforesaid, That said commissioners, and their successors in office, shall be, and they are hereby empowered to use a common seal, and to sue and be sued, plead and be impleaded in any court of law or equity in this State. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, Dec. 24th, 1833.

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AN ACT to amend the third section of an act to amend the several acts which have been passed, in relation to the powers and privileges of the corporation of the town of Athensand to prevent horse-racing within the corporate limits of the said town of Athens. 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 no person shall be allowed to retail spirituous liquors, to exhibit shows, or to keep a billiard table, within the corporate limits of the town of Athens, but in pursuance of a license, first had and obtained from the town commissioners thereof, which license the said commissioners, or a majority of them, shall have authority to grant to applicants, upon the payment of such amount, as such commissioners may in their discretion deem right and proper. SEC. 2. And be it enacted by the authority aforesaid, That if any person shall presume to retail spirituous liquors, to exhibit shows, or to keep a billiard table, without having first obtained a license as aforesaid, within the corporate limits of the town of Athens, he, she or they, so offending, and being thereof convicted, shall forfeit and pay the sum of one hundred dollars, one half to the informer, and the other half to the use of the town of Athens; and it shall be the duty of the Solicitor General, on application being made to him, to prefer an indictment against the said offender or offenders. SEC. 3. And be it enacted by the authority aforesaid, That it shall hereafter be unlawful for any person to run, or race, any horse, mare or gelding, within the corporate limits of the town of Athens, either by himself or with any other person, and any person so offending, shall forfeit and pay, on being thereof convicted, the sum of twenty dollars, one half to the informer, and the other half to the town of Athensand it shall be the duty of the Solicitor General to prefer an indictment, on application being made to him, against the said offender or offenders. SEC. 4. And be it enacted by the authority aforesaid, That

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all laws and parts of laws militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 20th Dec. 1833. AN ACT to make permanent the site of public buildings in the town of Livingston, Floyd county, and to incorporate the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the public buildings in the town of Livingston, in the county of Floyd be, and the same are hereby declared to be the permanent seat of Justice for said county. SEC. 2. And be it enacted by the authority aforesaid, That on the first Saturday in February, eighteen hundred and thirty-four, and on the first Saturday in February, in every year thereafter, all free white male persons in the corporate limits of said town of Livingston, as hereafter prescribed, who are entitled to vote for members of the General Assembly, shall assemble at the court house in said town, and by ballot elect five commissioners, who shall continue in office for one year, or until their successors are elected, at which election one or more magistrates shall preside, and in case of resignation, removal, or death of any of said commissioners, the remaining commissioners shall have power to fill such vacancy for the time being. SEC. 3. And be it enacted by the authority aforesaid, That the corporate authority and jurisdiction of said commissioners,

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shall be extended to, and be exercised over all lots which now are or may hereafter be laid out, within said town. SEC. 4. And be it enacted by the authority aforesaid, That the said commissioners or a majority of them shall have power and authority to pass all by-laws and ordinances, which they or a majority of them may deem necessary and expedient for the well government and good order of said town, to lay and collect a tax for the support of said town, and do all other things as bodies corporate, which may not be repugnant to the constitution of this State, or the United States, or the laws thereof. SEC. 5. And be it enacted by the authority aforesaid, That if said election for commissioners on the first Saturday in February next, or in any subsequent year thereafter, should not take place as prescribed by this act, it shall be lawful for said election to be held on any other day, ten days' notice of the same being given, by a justice of the peace, or one of the commissioners. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to change the name of the county site of Dooly, from that of Berrien to Drayton. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the county site of Dooly county,

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shall be known by the name of Drayton, any law, usage, or custom to the contrary notwithstanding. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to amend the third section of an act entitled an act to define the duties and authority of the commissioners of the town of Lawrenceville in Gwinnett county, passed December the twenty-second, eighteen hundred and twenty-three. 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 on the second Saturday in January next, and on the second Saturday in January in each and every year thereafter, it shall and may be lawful for all persons residing within the corporate limits of the town of Lawrenceville, and who are entitled to vote for members to the legislature, to assemble at the court house in said town, and by ballot clect five commissioners, for the government thereof, who shall remain in office for and during one year, and until their successors are qualifiedat which election any two justices of the peace and one freeholder may preside. SEC. 2. And be it enacted by the authority aforesaid, That if from any cause, commissioners should not be elected at the time aforesaid, it shall and may be lawful for such election to take place any time thereafter: Provided, ten days' notice thereof, by public advertisement against the court house door, shall be given by any two freeholders in said town, or by any two or more of the then acting commissioners, and in case of the

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death, removal, or resignation of any of said commissioners, the remaining commissioners shall have the power to fill said vacancy. SEC. 3. And be it enacted by the authority aforesaid, That all laws and parts of laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. AN ACT to incorporate the village of Jefferson, in the county of Jackson. 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 Horatio Webb, James M. Cunningham, Sylvanus Ripley, George R. Grant, and Augustus J. Brown, be, and they are hereby appointed commissioners for the village of Jefferson, in the county of Jackson, and they, or a majority of them, shall have full power and authority to pass all by-laws, which may be necessary for the government of the same, and inflict or impose such fines, penalties and forfeitures, and to do such other incorporate acts, as in their judgment shall conduce to the interest, good order, and government of the said village, and for the prevention of vice and immorality: Provided, such by-laws and regulations be not repugnant to the constitution and laws of this State: Provided also, that the punishment of slaves shall not extend to the taking of life, limb or member. SEC. 2. And be it enacted by the authority aforesaid, That the corporate limits of the said village, shall extend four hundred

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yards from the court house, which shall be considered the centre of the incorporation: Provided, that none of the possession of Edward Adams, Esq. shall be included within the corporate limits of the said village. SEC. 3. And be it enacted by the authority aforesaid, That the aforesaid commissioners shall remain and continue in office, until the first Monday in March, 1834, at which time an election shall be held at the court house, and at the same place on the first Monday in March every year thereafter, for commissioners for the year succeeding each election, at which election two or more of the justices of the inferior court or justices of the peace for the said county, are hereby authorized and required to preside, and all persons residing within the corporate limits of said village, and who are entitled to vote for members of the General Assembly, shall be entitled to vote for commissioners as aforesaid. SEC. 4. And be it enacted by the authority aforesaid, That when any vacancy shall occur in the board of commissioners, either by death, resignation, or otherwise, that it shall be the duty of any two of the remaining commissioners, to order an election to fill such vacancy, by advertising the same on the court house door, at least ten days previous to such election, which election shall be conducted in manner and form aforesaid. SEC. 5. And be it enacted by the authority aforesaid, That should the incorporation fail or neglect to hold an election on the day pointed out in this act, it shall and may be lawful to hold an election for commissioners of said incorporation, at any time within six months after the time on which such election should have been held, notice thereof having been given ten days previous to such election, by advertising the same on the court house door, and signed by any justice of the peace or justice of the inferior court of said county. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to Dec. 24th, 1833.

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AN ACT to repeal the second section of An Act to authorize the raising and establishing a Fire Company in the town of Macon, and to authorize the commissioners of said town, to raise a fund by taxation for the purchase of Fire Engines and their appurtenances, passed on the first day of December, 1830. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the second section of the before recited act, be, and the same is hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT in addition to an act, entitled, An act to make permanent the water line for certain wharves in the City of Savannah, to lay out a street between Indian street and said water line, and to appoint commissioners for carrying the same into effect, passed 24th December, 1832, and to confirm the report of the commissioners appointed by virtue of said act. Whereas, in pursuance of the said act of the General Assembly of the State of Georgia, passed the 24th day of December, 1832, the following commissioners were appointed, to wit:Samuel B. Parkman, Richard R. Cuyler, Joseph W. Jackson, and James Hunter, appointed by the honourable the mayor and aldermen of the city of SavannahPeter Mitchel, Richard

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F. Williams, and Francis Sorrel, appointed by the commissioners of pilotage for the bar of Tybee and river SavannahGeorge Anderson, William Taylor, and George Jones, appointed by the owners and proprietors of wharf lots in the city of Savannah, and their representatives, commencing with the steam boat company's wharves, and including all wharf proprietors and owners eastwardly of the city; and Robert W. Pooler, Gazaway B. Lamar, and John Davidson, appointed by the wharf proprietors and owners westwardly of the said steam boat company's wharves in the said city. And whereas, the said commissioners have, in pursuance of said act of 24th December, 1832, established the water line of the wharf lots in the city of Savannah, and have laid out a street between Indian street and the said water line, called Canal street, as appears by their report, by them transmitted, within the time mentioned in said act, and now remaining in the office of the Secretary of State. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the water line of wharf lots in the city of Savannah shall be, and the same is hereby permanently established as the same is set forth in the report of the said commissioners, which report is in the words and figures following, to wit: STATE OF GEORGIA, City of Savannah. Whereas, by an act of the legislature of the State of Georgia, passed on the twenty-fourth day of December, in the year of our Lord one thousand eight hundred and thirty two, entitled, An Act to make permanent the water line for certain wharves in the city of Savannah, to lay out a street between Indian street and the said water line, and to appoint commissioners for carrying the same into effect, it was enacted, that commissioners be appointed for the performance of certain duties, in manner and form, as will more particularly appear by reference to the said act. And whereas, in pursuance of the said act, the following commissioners have been appointed, to wit:Samuel B. Parkman, Richard R. Cuyler, Joseph W. Jackson, and James Hunter, appointed by the honourable the mayor and aldermen of the city of Savannah, and the hamlets thereof; Peter Mitchel, Richard F. Williams, and Francis Sorrel, appointed by the commissioners of pilotage for the bar of Tybee and river Savannah; George Anderson, William Taylor and George Jones, appointed at a meeting of the owners and proprietors of the wharf lots in the city of Savannah, commencing with the steam

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boat company's wharves, and including all wharf proprietors and owners eastwardly of the city, held at the exchange, on the twenty-second day of January, one thousand eight hundred and thirty-three, after due notice of the said meeting having been published in the gazette called The Georgian, and Robert W. Pooler, Gazaway B. Lamar, and John Davidson, appointed at a meeting of the wharf proprietors and owners, westwardly of the said steam boat company's wharves in the said city, held at the exchange, on the sixteenth day of January, one thousand eight hundred and thirty-three, after due notice of said meeting having been published in the gazette called The Georgian. Now be it known, That the said commissioners, after divers meetings by them held, and after consulting, advising and deliberating upon the subject matter committed to them by the aforesaid act, have determined upon, established, and hereby report and make known, that the water line of the harbour of Savannah, shall be as follows, to wit:At the west, the said line shall commence at the following point, to wit:That point on a place known by the name of Vale Royal point, whence a line drawn from the north west corner of Goodwin's wharf, shall form a tangent to the said place at its most north eastern point at high water mark; from the said described point, the said water line shall proceed eastwardly, in a straight direction, to the eastern corner of the public dock at the foot of West Broad street, as it now stands built up, and thence along the line of the wharf heads as they now exist, to the east side of Telfair's upper wharf, known in the plan of Savannah as wharf lot number (14) fourteen, west of Bull street; thence in a straight line to the west side of Barnard street dock, thence along the line of wharf heads as they now exist, to the lower corner of the Savannah Steam Rice Mill wharf, thence to continue to the upper corner of the wharf head at present occupied by Frederick Willink, being the eastern side of Reynold street dock, and thence along the said last mentioned wharf head, as it now stands, upon the course south seventy degrees east, until it strikes the marsh on the south side of the river Savannah, where it shall terminate. And the said commissioners have determined upon, and report, and make known, that they have established a street between Indian street and the above described water line, to be called Canal street, which street shall have for its northern boundary, or boundary next to the river, a line commencing eastwardly at a point (10) ten feet south by west of the south west corner of the Steam Boat Company's wharf, known in the plan of Savannah as wharf lot number (10) ten west of Bull street, thence the said line shall proceed westwardly in a straight

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direction, by forming a tangent to the south east corner of Blake's Steam Rice Mill, which is situate on the wharf lot known in the plan of Savannah by the number (5) five Yamacraw, to the Canal, and the south side of the said street shall be formed by a line thirty feet apart from and parallel to the said described northern line of the said street. And the said commissioners further report, that as the above mentioned land-marks of the water line are subject to dilapidation and decay, from the action of the tides and otherwise, they have caused to be drafted a diagram of the same, (which diagram also shows the said street,) having for its title these words, to wit: A Map of the water line of the harbour of Savannah and of Canal street, made in pursuance of an act of the Legislature, passed on the 24th day of December, 1832, and entitled `An Act to make permanent the water line for certain wharves in the city of Savannah, to lay out a street between Indian street and the said water line, and to appoint commissioners for carrying the same into effect,' drafted to conform with the report of the said commissioners, and dated the 14th day of March, 1833, and which report is recorded and on file in the office of the clerk of the superior court of Chatham county, and in the office of the Secretary of State, and which diagram thus described, represents the distances in horizontal measurement, of various points of the said water line, from various points on the lines of the bay and Indian street, which last mentioned lines are adopted as permanent bases, and indices from whence the several points of the said water line may be ascertained. And to guard against injuries to arise from the loss or destruction of the said diagram, the said commissioners report the following measured distances from the lines of the bay and Indian street, to the said water line, by which the latter, as now established, may at any time hereafter be ascertained, to wit:From the line of Bay street extended 1249 feet eastwardly, a line drawn at right angles 200 feet; from the line of Bay street extended eastwardly, a line drawn along the east side of Reynold's street 291 feet; from the east end of the line of Bay street down the west side of East Broad street 368 feet 6 inches; and the following measurements from the base line of Bay street to the said water line, to wit:From a point 335 feet west of the west side of East Broad street 449 feet; from a point 423 feet west of the west side of East Broad street, 454 feet; from a point 493 feet west of the west side of East Broad street, 462 feet; from a point 693 feet west of the west side of East Broad street, 464 feet; from a point 793 feet west of the west side of East Broad street 455 feet; down the east side of Lincoln street dock 407 feet 6 inches; down the west side of Lincoln street 393 feet; from a

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point 153 feet west of the west side of Lincoln street 384 feet; down the east side of Abercorn street 360 feet 6 inches; down the west side of Abercorn street 359 feet; from a point 101 feet 4 inches west of the west side of Abercorn street 356 feet, to the head of the wharf on lot number (4) four, east of Bull street; and 362 feet to the head of the wharf on lot number (5) five, east of Bull street; down the east side of Drayton street 351 feet 6 inches; down the west side of Drayton street 349 feet; down the east side of Bull street 361 feet 6 inches; down the west side of Bull street 367 feet 6 inches; from a point 85 feet west of the west side of Bull street 369 feet 6 inches; from a point 140 feet west of the west side of Bull street 366 feet 6 inches; down the east side of Whitaker street 364 feet 6 inches; down the west side of Whitaker street 367 feet 6 inches; down the east side of Barnard street 406 feet 6 inches; down the west side of Barnard street 422 feet; and from a point 77 feet west of the west side of Jefferson street 528 feet; from the line of Bay street extended 33 feet westwardly, a line drawn at right angles to the eastern corner of West Broad street dock, as it now stands built up, 671 feet 6 inches; from the line of Bay street extended, to the west side of West Broad street, and thence down the west side of West Broad street 184 feet 6 inches, thence a line drawn 20 feet from and parallel to the south side of Indian street 1512 feet, and thence a line at right angles to the point of intersection in the river with the said water line 803 feet 8 inches. Done and certified, this 14th day of March, in the year of our Lord one thousand eight hundred and thirty-three, and in the one hundred and first year of the settlement of Savannah. Samuel Breck Parkman, Peter Mitchel, R. R. Cuyler, R. F. Williams, Joseph W. Jackson, Francis Sorrel, James Hunter. George Anderson, R. W. Pooler, Wm. Taylor, Gaz. B. Lamar, George Jones, John Davidson. SEC. 2. And be it enacted by the authority aforesaid, That the street called Canal street, as laid out by the said commissioners, shall be and the same is hereby declared to be a public street, subject to the control and regulation of the honourable the mayor and aldermen of the city of Savannah, and the hamlets thereof, in the same manner as the other public streets, squares and lanes in said city.

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SEC. 3. And be it enacted by the authority aforesaid, That all acts and parts of acts heretofore passed, militating against this act shall be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to incorporate the town of Etowa, in Cherokee, to appoint commissioners for the same, to ascertain their duties and authority, and to direct the mode of their subsequent elections, and for other purposes. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the county site in the county of Cherokee, be permanently located at the place upon which the inferior court of said county have situated it, at the place known as Jack Wright's old place, and that said town be known and called by the name of Etowa. SEC. 2. And be it enacted by the authority aforesaid, That Howell Cobb, Philip Kroft, M. J. Camden, James Burns, and William Gresham, be, and they are hereby appointed commissioners in and for said town, that they shall hold their appointments and exercise the duties thereof until the first day of January, eighteen hundred and thirty-five, and until their successors shall be elected and qualified; that the corporate limits of said town shall extend from the nearest part of the court house, one half mile in every direction; and that all the laws

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now of force in Georgia are, in addition, declared to be in full force within said town, and by no means superseded by this act; to lay a tax upon lot-holders within said town, for the purpose of improvement of said town; that said commissioners shall take the following oath, to be administered by a judge of the superior court, a justice of the inferior court, or a justice of the peace, which oath shall be administered to their successors previous to their entering upon the duties of their office: I, A. B. do solemnly swear that I will, to the best of my ability and understanding, discharge the duties of a commissioner for the town of Etowa, for the time for which I have been elected. Said commissioners shall keep a record of their proceedings, and appoint a marshal whom they shall allow a compensation for his services, payable out of their funds, which marshal is invested with authority to execute all orders and ordinances to him directed, and may call to his assistance all the inhabitants of said town in the performance of his duty, whenever he may deem it necessary. That on the first Saturday in January, eighteen hundred and thirty-five, and on the first Saturday in every January thereafter, the inhabitants of said town, being persons entitled to vote for members of the legislature, shall meet and elect five commissioners for said town, one of whom shall be chosen by said commissioners as Intendant, who shall convene the board whenever it may become necessary, and preside at their meetings, and in case of his absence from said board, a majority of said commissioners being present, shall elect or appoint a chairman, who shall preside for said meeting; that a majority of said board must concur in order to make any act valid; that should a failure to elect take place at the time specified in this act, said commissioners shall advertise an election, and should a failure there take place, the commissioners then in office shall continue to act, unless they resign, until the time appointed in this act for their election. And that said elections be superintended as other elections in this state. That said commissioners have authority to appoint a clerk, and to remove him whenever they may deem it adviseable for the good of said town or corporation. SEC. 3. And be it enacted by the authority aforesaid, That George W. Paschal, George W. Bradford, Thomas Bowen, Robert Watkins, and John Thomas, be, and they are hereby appointed, or a majority of them, commissioners for the town of Auraria, and they shall hold their appointments, and exercise the duties thereof, until the first Saturday in January, 1835, and until their successors shall be elected and qualified; that the corporate

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limits of said town shall extend from the centre of said town one half mile in every direction, and that all the laws now of force in Georgia, are in addition, declared to be in full force in said town, and by no means superseded by this act, to levy a tax upon lot-holders within said town, for the purposes of improvement of said town; that said commissioners shall take the following oath, to be administered by a judge of the superior court, a justice of the inferior court, or a justice of the peace, which oath shall be administered to their successors previous to their entering upon the duties of their office: I, A. B. do solemnly swear that I will, to the best of my ability and understanding, discharge the duties of a commissioner for the town of Auraria, for the time for which I have been elected. Said commissioners shall keep a record of their proceedings, and appoint a marshal, whom they shall allow a compensation for his services, payable out of their funds, which marshal is invested with authority to execute all orders and ordinances to him directed, and may call to his assistance all the inhabitants of said town in the performance of his duties, whenever he may deem it necessary; that on the first Saturday in January, 1835, and on the first Saturday in every January thereafter, the inhabitants of said town, being persons entitled to vote for members of the legislature, shall meet and elect five commissioners of said town, one of whom shall be chosen as Intendant, who shall convene the board whenever it may become necessary, and preside at their meetings, and in case of his absence from said board, shall elect or appoint a chairman, who shall preside for said meeting; that a majority of said board must concur in order to make any act valid; that should a failure to elect take place at the time specified in this act, the commissioners in office shall continue to act, unless they resign, until the time appointed in this act for the election; that said commissioners have power to appoint a clerk, and to remove him whenever they may deem it necessary or adviseable for the good of said town or corporation. SEC. 4. And be it enacted by the authority aforesaid, That if said commissioners, or either of them, shall neglect, fail, or refuse to do their duty, within the time for which they or he is appointed, he or they shall be subject to be indicted in the superior court, for a neglect of duty, and on conviction, shall be discharged from his office, and be incapable thereafter of incumbering it, and shall pay the costs of prosecution. SEC. 5. And be it enacted by the authority aforesaid, That

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all laws militating against this act be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th December, 1833. AN ACT to incorporate the town of Talonaga, in the county of Lumpkin; the town of Centreville, in the county of Talbot; and to appoint commissioners for the same: and to appoint commissioners for the town of Knoxville, in Crawford county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the corporate authority and jurisdiction of the limits of the town of Talonago shall be extended to, and exercised over, all lots which now are or may hereafter be laid out for said town. SEC. 2. And be it enacted by the authority aforesaid, That Peleg R. McCrary, Harrison Reby, Berry Woody, Nathaniel Harbin, and John Choice, be, and they are hereby appointed commissioners for the town of Talonaga; and they, or a majority of them, or their successors in office, shall have full power and authority at any time to convene, and to pass all by-laws, rules and regulations, which may be necessary for the good order and government of the same: and shall have full power and authority to appoint such officers as they may deem necessary to carry said by-laws, rules and regulations, into effect: Provided, such by-laws, rules and regulations, be not repugnant to the laws and constitution of this State.

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SEC. 3. And be it enacted by the authority aforesaid, That said commissioners shall continue in office until the first Saturday in January, 1835, or until their successors are elected; on which day, and on the first Saturday in January annually thereafter, all free white males within the corporate limits of said town, who are entitled to vote for members of the general assembly, shall assemble at the court-house in said town, and choose by ballot five commissioners, who shall continue in office for one year, or until their successors are elected, and shall be re-eligible; and that said election shall be held by any of the justices of the peace or justices of the inferior court of Lumpkin county; and on counting out the votes given, those having the highest number of votes shall be the commissioners of said town, agreeably to the provisions of this act. SEC. 4. And be it enacted by the authority aforesaid, That in the event of there being no election held on the day and in the manner pointed out by this act, the commissioners of said town, or any two of them, may, and they are hereby empowered to order an election for commissioners, to be held in the court-house, or some other convenient place in said town, at any time, ten days' notice by advertisement being given of said election upon the court-house door, and some other public places of said town: and all vacancies which may occur in said board of commissioners shall be filled in like manner, agreeably to the provisions of this act. SEC. 5. And be it enacted by the authority aforesaid, That said commissioners, and their successors in office, shall be, and they are hereby empowered to use a common seal, and to sue and be sued, plead and be impleaded in any court of law and equity in this State. SEC. 6. And be it enacted by the authority aforesaid, That said commissioners shall have the entire control of the persons and hands within the limits of said corporation, so far as it regards road duty, and may apportion and assign said hands to work on all the streets in said town, in such manner as they may think proper, agreeably to the road laws in this State: Provided, that said hands shall not be liable to perform any Road duty out of the corporate limits in said town. SEC. 7. And be it enacted by the authority aforesaid, That it shall not be lawful for any of said commissioners, so elected or appointed, to enter on the duties of his office until he shall have taken and subscribed the following oath: I (A.B.) do solemnly

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swear (or affirm, as the case may be) that I will well and truly perform the duties of a commissioner, by adopting such measures as shall, in my judgment, be best calculated to promote the general good of the citizens of the town of Talonagasaid oath to be administered by any justice of the peace, or justice of the inferior court. SEC. 8. And be it enacted by the authority aforesaid, That Thomas G. Pierson, William Collin, Gillam Hicks, Hamilton P. Smead, and John B. Boon, and their successors in office, be, and they are hereby incorporated and made a body politic, under the name and style of the Commissioners of Centreville, and by that name they are hereby authorized to sue and be sued, plead and be impleaded, to answer and be answered, to purchase and hold property, both real and personal, and the same to dispose of at their pleasure; to have and use a common seal, and the same to alter and amend; to make all and singular such by-laws and regulations, as to them may seem needful and proper, for the government of said corporation; and to do all and singular such acts as are usually incidental to such corporations. SEC. 9. And be it enacted by the authority aforesaid, That the said commissioners shall hold their offices, as such, until the first Saturday in January, 1835, and until their successors are elected and qualified. And it shall be the duty of the citizens of said village, once in each year, at such times and places as the commissioners may appoint, to meet and elect five commissioners, who shall hold their office for one year; and should any vacancies happen in the board of commissioners during the year, it shall be the duty of the remaining commissioners to fill such vacancies, until the next annual election. All persons who may be entitled to vote for members of the general assembly shall be entitled to vote for commissioners of said town: Provided, that such person shall have resided within the incorporate limits of said town three months previous to the election at which he proposes to vote. SEC. 10. And be it enacted by the authority aforesaid, That the corporate limits of said town shall be the whole and entire lot or square of land upon which said town is situated, and the corporate authority shall extend over the whole lot or square of land upon which said town is situatedany law, usage or custom to the contrary notwithstanding. SEC. 11. And be it enacted by the authority aforesaid, That Hiram B. Troutman, Bryan F. Lane, George R. Hunter,

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Ephraim W. Dennis, and Washington Preston, be, and they are hereby appointed commissioners of the town of Knoxville, in the county of Crawford, with full powers to carry into effect the several acts heretofore passed for incorporating the said town of Knoxville. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to amend the several laws of this State, incorporating the town of Salem, in Clark county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first of March next, it shall not be lawful for any person or persons, within the corporate limits of the town of Salem, to retail ardent spirits of any kind without first obtaining from the commissioners of said town, a license for that purpose. SEC. 2. And be it enacted by the authority aforesaid, That if any person or persons shall violate the provisions of this act, he, she, or they, so offending, shall be liable to indictment in the superior court, and on conviction, pay a fine of one hundred dollars, one half for the use of the informer, and the other half for the benefit of said corporation.

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SEC. 3. And be it enacted by the authority aforesaid, That all laws heretofore passed, militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 24th Dec. 1833. AN ACT to authorize the Justices of the Inferior Court of Emanuel county, to lay off and dispose of as many town lots in the town of Swainsborough, as they may deem necessary, not exceeding twenty. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, it shall be lawful for the Justices of the Inferior Court of Emanuel county, to lay off, or cause to be admeasured and laid off in the town of Swainsborough, in Emanuel county, as many lots as they may deem necessary, not exceeding twenty, and dispose of the same at public outcry, and the monies arising from the sale of said lots, to be applied to the use of the county, after paying all expenses which may occur in laying off said lots. SEC. 2. And be it enacted by the authority aforesaid, That

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all laws and parts of laws, militating against this act, be, and the same are hereby repealed. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833. AN ACT to prevent intruders from fencing up the streets and public squares, appropriated to the public use, in the plan and site of the town of Brunswick, Glynn county, with power to enforce a penalty for a violation of the same. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That William B. Davis, Urbanus Dart, and James Moore, of the county of Glynn, be, and they are hereby created a board of commissioners of the public streets and squares of the town of Brunswick, in said county, and in case that any person or persons shall now have, or hereafter throw any obstructions across said streets or public squares, by fence or other impediments, the said offenders, from time to time, shall be liable to a fine of five hundred dollars for each and every offence, to be recovered in the superior court of said county, by the commissioners aforesaid, or any other person, or proprietor of any lot or lots in the said town of Brunswick, which said money or fine shall be applied, one half to the poor school fund of said county, and the other half to the use of the person or persons suing for the same.

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SEC. 2. And be it enacted by the authority aforesaid, That in case of death, or resignation of any one of the aforesaid commissioners, the two remaining, from time to time, shall have power to appoint a successor. THOMAS GLASCOCK, Speaker of the House of Representatives. JACOB WOOD, President of the Senate. WILSON LUMPKIN, Governor. Assented to, 21st Dec. 1833.

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RESOLUTIONS WHICH ORIGINATED IN THE SENATE. IN SENATE. Resolved, That the hour of eleven o'clock on Wednesday next, be set apart for the election of four Brigadier Generals, to wit: One for the Second Brigade of the Tenth Division, to fill the vacancy of William P. Ford, resigned; one for the First Brigade of the Ninth Division, in place of General Sledge, removed; one for the Second Brigade, First Division, in place of General Tutle, deceased; one for the First Brigade of the Third Division, in place of General Hoxey, removed. In Senate, November 9th, 1833. Agreed to. AttestJOHN A. CUTHBERT, Secretary. JACOB WOOD, President of the Senate. In the House of Representatives, Concurred in, November 12th, 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, November 13th, 1833.

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IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the Senate and House of Representatives, will convene in the Representative Chamber on to-morrow evening, at three o'clock, for the purpose of electing a Judge and Solicitor General, for the Coweta Circuit. Read and Agreed to, 16th Dec. [Illegible Text]. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 16th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 17th Dec. 1833. IN SENATE. Resolved, That both branches of the legislature will convene in the representative chamber at the hour of ten o'clock A. M. on Saturday next, for the purpose of electing a major general of the eleventh division, a brigadier general of the second brigade of the eleventh division, a brigadier general of the first brigade of the twelfth division, a brigadier general of the second brigade of the twelfth division, a brigadier general of the second brigade of the seventh division, and a brigadier general of the

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second brigade of the ninth division. And five directors, on the part of the State, for the Bank of Darien; two for the Planters' Bank; and four for the State Bank of Georgia. Agreed to, 12th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 13th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 14th Dec. 1833. IN SENATE. Resolved, That both branches of the General Assembly will convcne in the representative chamber on Saturday next, at the hour of twelve o'clock A. M. for the purpose of electing a solicitor general for the eastern judicial district, to fill the vacancy occasioned by the resignation of Col. Joseph W. Jackson. In Senate, agreed to, 7th Nov. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 7th Nov. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 9th Nov. 1833.

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IN SENATE. Resolved, That both branches of the legislature will convene in the representative chamber at the hour of ten o'clock, on Thursday next, for the purpose of electing a senator from this State, to fill the vacancy of the honourable George M. Troup, resigned, in the Senate of the United States' Congress. In Senate, agreed to, 18th Nov. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 18th Nov. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 20th Nov. 1833. IN SENATE. The committee on the state of the republic, to whom were referred certain resolutions of the legislatures of Alabama touching the boundary line between Alabama and Georgia, beg leave to Report: That the existing boundary line between the two States, although run and measured by Georgia alone, was yet established under circumstances, and stretches between points, such as the committee could have hoped would have secured to it the acquiescence

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of Alabama; for the co-operation of that State was earnestly invited by Georgia in the running of that line, but was withdrawn at an early period after the commencement of the survey and examinations necessary to the settlement of the boundary. Georgia was thus left to proceed alone in a demarcation which she could not longer postponefor the whole of her territory in the occupancy of the Creek tribe, and boundary on the Alabama, had just been disencumbered of the Indian title, and was now obliged to be organized fully as part of the State, and distributed among her citizens. This organization and distribution has been carried into effect, and the whole of the lands bounding on Alabama have become private property, under titles derived from the State of Georgia. To unsettle the boundary between these two States, will be, to disturb all these titles; and if a new line should be established, more favourable to Alabama than the present one, the result will be, a total failure of the title as to all those lands in Georgia which may be thrown into Alabama by such new line, of which the consequence would be an immense loss to individual proprietors, and all obligation on Georgia to make indemnity to her suffering citizens, at a cost perhaps of millions of money. These are considerations which weigh greatly with Georgia against opening again the question of the boundary line between herself and Alabama, and which the committee trust, will be treated by Alabama as worthy of her most serious regard. In addition to the foregoing views, the committee would state, that the government of the United States was also invited by Georgia to take a part in running the existing line, but declined so doing: that government, and not the State of Alabama, is the proprietor of the private right of soil in the lands, the title of which is to be disturbed by unsettling the present boundary. The course pursued both by the general government and Alabama heretofore, and the deep stake which Georgia and her citizens have acquired in the maintenance of the present line, ought, as your committee conceive, to lead both Alabama and the federal government to acquiesce, unless it can be shown that the boundary line established by Georgia is palpably and materially a wrong one. Georgia conceives the line marked out by herself to be rightful and just to all the parties interested: the general government has always acquiesced in it, and does not now seek to disturb it, although concerned deeply in the question, as the proprietor of the territory involved in the question on one side. Should however our sister state Alabama continue to think it important to open the question and unsettle the boundary now existing, the committee would say, that whilst Georgia should abstain from doing any act which could be construed as

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a consent on her part to opening the question of boundary, yet she ought to extend all courtesy to Alabama, in making such surveys and examinations as that State may deem requisite, to ascertaining for herself the line of boundary which she may deem the most just, and conformable to the articles of agreement and cession of 1802. And after such ascertainment shall have been made by Alabama, and announced to Georgia, and the points of dispute and the amount of territory involved in the controversy thus fixed and known to both parties, it will be due time for Georgia to consider and determine what course would be most proper for the adjustment of any differences of opinion that may exist. The committee therefore submit the following Resolution: Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the State of Georgia will extend all comity and facility to Alabama, in making such examinations as that State may judge necessary in relation to the boundary line between herself and Georgia; but at the same time the State of Georgia declines doing any act which may be construed as opening anew the question of boundary between the two States. Resolved also, That his excellency the Governor be directed to transmit a copy of the foregoing Report and Resolution to the Executive of Alabama. In Senate, agreed to, 21st Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 21st Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 23d Dec. 1833.

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IN SENATE. The Committee on the State of the Republic, to whom was referred so much of the Governor's Message as relates to the resolutions of the State of Tennessee, and the report and resolutions thereon by the Legislature of the State of Massachusetts, on the subject of the public lands of the United States, have attended to the duty assigned them and beg leave to make the following REPORT: That without specifically inquiring into the means by which the United States Government became possessed of the public Lands, or the causes which, after the war of the Revolution, induced several of the States to transfer to that Government all, or a great portion of their unoccupied lands, under certain limitations and restrictions, specified in the several deeds of cession or relinquishment, your Committee deem it sufficient to state that those deeds and relinquishments, and all other purchases of lands by the United States Government, were made for the common benefit of the several States, that it is a common fund to be distributed without partiality, and to inure to the equal benefit of all the States. Your Committee cannot perceive that an immediate sale of all the public lands as proposed by the resolutions of the state of Tennessee, would be expedient or beneficial, and however laudable the object the legislature of Tennessee had in view in the proposed disposition of the proceeds thereof, as a permanent fund for the purposes of education, yet your committee are of opinion, that the disposition of the lands would interfere with the true policy of the Government, with regard to its western territory, (to wit:) The speedy occupation of that territory by actual settlers; and further that such an immense body of lands at once thrown into the market, at reduced prices, as is contemplated by those resolutions, would place it in the power of a combination of wealthy individuals, to purchase up those lands, for the purpose of speculating upon their fellow citizens, who might wish to become, and who under the present system, can become, however poor they may be, the actual settlers of the country. Your committee cannot perceive that the land bill, introduced into the Senate of the United States by Mr. Clay, and passed by that body, provides for the distribution of the public lands in

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that equitable manner contemplated by the States in their several deeds of cession. The Government of the United States have already acted upon a liberal policy towards the new states in admitting them into the Union upon an equality with the old states as speedily as their numerical population would warrant their admission; there can therefore be no good reason why those new states should be entitled to any advantages in the distribution of the proceeds of the public lands, over the original states by whom these lands were purchased or ceded. However acceptable to the people of Georgia the receipt of her dividend from the proposed sales might be, yet your committee regret that they perceive in this proposed distribution of a large portion of the revenues of the General Government, among the several states, only on another method about to be adopted, to reduce those revenues, and thereby create a necessity and furnish an excuse to the majority in Congress for entailing still longer upon the people of the South, the unjust and odious Tariff system. Your committee therefore respectfully recommend the adoption of the following resolutions: Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the General Assembly disapprove of the resolutions of the General Assembly of the state of Tennessee, of the 21st December, 1831, in relation to the sale and disposition of the public lands of the United States. Resolved, That the General Assembly admit the correctness of the views taken on the subject, in the four first resolutions of the General Assembly of the state of Massachusetts of the 28th March, 1833, but cannot admit the policy or expediency of a distribution of any part of the revenues of the General Government among the several states, so long as any part of those revenues are raised upon the principle of a protective Tariff of duties on foreign imports. Resolved, That our Senators in Congress be instructed, and our Representatives requested, to oppose the passage of any law, having for its object the distribution of the proceeds of the sale of the public lands of the United States among the several states;

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and that his Excellency the Governor be [Illegible Text] to transmit a copy of this report to the President of the United States, the Governors of each of the states, and to each of our Senators and Representatives in Congress. In Senate, 20th December, 1833, agreed to. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, 20th December, 1833Concurred in. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, December 23d, 1833. IN SENATE. The committee to whom was referred an account of the receipts and disbursements of the University of Georgia, from the 1st of November, eighteen hundred and thirty-one, to the 1st of November, 1833, inclusive, have had the same under consideration, and beg leave to report, That on a careful perusal of said report, they find the respective debts and credits in said account appear fair and explicit, and furnish a distinet detail of the fiscal concerns of that institution. This seminary of learning has long enjoyed the generous patronage of the Legislature of this State, and has evidently, within a short period, made rapid advances in public estimation. It is an institution that requires ample supplies, because the disbursements necessary to keep it in successful operation, are great; but so long as the funds provided are both judiciously

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and [Illegible Text] applied, it will receive the approbation of the people of Georgia. But to insure the future countenance of the State, the strongest evidence should be given, by those employed in carrying it forward, that the interest of the whole people, and not of a part, is strictly attended to. The pursuit of literature alone, can secure the confidence of the public; and both teacher and student will find it to be their interest, to devote their attention exclusively to this great object. Let it be seen by action, not profession, that a generous emulation prevails among all those directly or indirectly connected with the university, to raise its character to a pitch of elevation, that may make it an ornament, and honour to the State. This is the only remuneration that she requires; and in fact imperiously demands. Your committee deem these cursory remarks necessary to satisfy public expectation, and admonitory to the university, of the true course it ought to pursue. They, therefore, beg leave to submit the following resolutions. Resolved, That the disbursements of the funds of the university, as submitted by their detailed account, appear fair, and honestly applied for the benefit of the institution. Resolved, That the intention manifested by the trustees, to repay the State, in a progressive manner, the sum loaned to the college, after it was burned, evinced a desire to perform their duty, and ought strictly to be adhered to, until the whole sum is fully paid. In Senate, agreed to, Dec. 9th, 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, Dec. 20th, 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 21st Dec. 1833.

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IN SENATE. The joint Military Committee, beg leave to report, that they have had under their consideration the reports of the Military Store Keepers, at Savannah and Milledgeville, respectively, specially referred to them. They have not had the means of ascertaining the condition of the arms and munitions of war at Savannah, but as the report of the store keeper says nothing to the contrary, they presume them to be in good order. Your Committee have examined the arms and munitions of war, in the arsenal and magazine, at the seat of Government, and find them to correspond substantially with the description given them in the report of the store keeper. The muskets in boxes are generally in good order as far as your committee were able to examine them. Muskets to the number of about six hundred and forty, require cleaning. All the breeching, and also two thousand cartouch boxes, are in bad order and require immediate attention. They, therefore, recommend the adoption of the following resolution: Resolved, That his excellency the Governor, employ some suitable person to cleanse and oil such of the arms, breeching, cartouch boxes, and other articles, as require it, and to box them up; and also to repair such arms as may need it, and pay for the same out of the contingent fund. In addition to these matters of special reference, your Committee have considered other subjects embraced, as they conceive, within the sphere of their appropriate action, to which they respectfully call the attention of the Legislature.The militia law, as it now exists is so embarrassed with alterations and amendments, as to require much labour to ascertain what it really is. Your Committee are of opinion, that in a country like this, where the chief reliance of the State for all military operations is on the great body of the citizens, the military laws should be plain and simple, yet securing at the same time the most prompt and efficient action in case of public alarm or danger. The military strength of the country does not consist so much in its numerical force as in the discipline of its troops. Frequent exercise is essential to perfect discipline, and no duty

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should be more freely performed by a patriotic people than that which fits them for the defence of the county. Entertaining these opinions, your committee recommend to the Legislature, the adoption of the following resolution: Be it resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That his excellency the Governor, appoint three fit and proper persons to revise, correct, and consolidate the militia laws of this State, or in their discretion to draft a new code for the regulation and government of the militia thereof; and that they report the same to his excellency the Governor, during the next session of the Legislature, and that they be compensated as a future Legislature may direct. In Senate, agreed to, Dec. 12th, 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 23d Dec. 1833. IN SENATE. The joint Committee on Banks, to whom were referred the reports of the Bank of Columbus, Bank of the State of Georgia, Marine and Fire Insurance Bank of Savannah, Mechanics' Bank of Augusta, Bank of Hawkinsville, Commercial Bank of Macon, Planters' Bank of Savannah, Farmers' Bank of Chattahoochee, and Augusta Insurance and Banking Companybeg leave to

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make the following report, That upon examination of the semiannual reports and returns of said banks, they deem them to be in a solvent condition, and deserving the confidence of the people. In Senate, agreed to, 14th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 21st Dec. 1833. IN SENATE. Resolved, That his excellency the Governor is hereby authorized and required to contract for such number of Prince's Digest as he may deem necessary, to supply the Cherokee Circuit with the usual number, and such other counties as may in future need the same; and that he pay for them out of the printing fund. In Senate, agreed to, 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 21st Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 23d Dec. 1833.

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IN SENATE. Resolved, That his excellency the Governor be, and he is hereby required to transmit to the county of Appling, with the laws and journals of the present session, five copies of Prince's Digest, and five copies of the last edition of Clayton's Georgia Justice, for the use of the officers of said county; and that the same be paid for out of the contingent fund. Agreed to, 28th Nov. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 21st Dec. 1833. IN SENATE. Resolved, That his excellency the Governor be, and he is hereby authorized and instructed to send, by the person employed to carry the laws and Journals of the present session, into the county of Tattnall, six copies of Prince's Digest, and

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six copies of the Georgia Justice, for the use of the officers of said county who are destitute of said books. In Senate, agreed to 3d Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 21st Dec. 1833. IN SENATE. Resolved, by the Senate and House of Representatives of the State of Georgia, That the Governor be authorized and required to have conveyed, with the laws and journals, to the county of Carroll, for the use of the clerks of the superior and inferior courts, and clerk of the court of ordinary, and for the use of the three destitute districts in said county, seven copies of Prince's Digest, seven copies of Clayton's Georgia Justice, three copies of Dawson's Compilation, and one copy of Schley's Digest. In Senate, agreed to, 28th Nov. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 21st Dec. 1833.

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IN SENATE. Resolved, That his excellency the Governor be, and he is hereby requested to cause to be forwarded to each member of the General Assembly, a copy of the laws and journals of the present session, and that he cause the same to be forwarded with the laws and journals for the respective counties. In Senate, agreed to, 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 21st Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 23d Dec. 1833. IN SENATE. Resolved, That the president and the directors of the Central Bank of Georgia pay over to Alexander Ware the amount of money which the said Ware has paid into said Bank, for fraction No. 166, in the sixth district of Coweta county, with interest on the same, and the cost of court fees, which the said Ware has expended in defending an action of ejectment, brought by Willis Holly vs. said Ware, for the recovery of said fraction: Provided, that nothing in this resolution shall be so construed as to authorize the said president and directors to pay over said

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money, until they are satisfied that said Ware is legally entitled to receive the same, in consequence of the defective title of the State in and to said fractional lot. Agreed to, 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 21st Dec. 1833. IN SENATE. The committee to whom was referred the petition of Robert Birdsong and William Scott, securities of Thomas Gardner, tax collector of Bibb county, report: That they have had the same under consideration, and believe the request of the petitioners to be altogether reasonable; for that it appears, that the said William Scott and Robert Birdsong have, in good faith, complied with the law, by placing their notes in the Central Bank, in obedience to a resolution of the General Assembly, not only for the principal, but also for the interest, at the rate of twenty-five per cent. per annum, from the time the comptroller general issued his execution against the said Thomas Gardner, until the said Robert Birdsong and William Scott placed their notes in Bank, as aforesaid, which, circumstances beyond their control, made a considerable time. Be it therefore resolved, That the directors of the Central Bank be, and they are hereby required to deduct from the notes of Robert Birdson and William Scott, now running in the Central

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Bank, for the tax due the State by them, as the securities of Thomas Gardner, tax collector of Bibb county, for the year 1829, all interest that may have been charged and accrued on said notes of Robert Birdsong and William Scott, over and above eight per cent. per annum. Agreed to, 28th Nov. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concured in, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttesrJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 21st Dec. 1833. IN SENATE. The committee to whom was referred the petition of William Barker, sen., and Levin F. Chain, securities of John Cain, beg leave to make the following report: That it appears, from the petition, that the said William Barker, sen., and Levin F. Chain, became securities for one John Cain, by bond, in the sum of three thousand dollars, conditioned for the appearance of said John Cain at Houston superior court, to answer to the charge of perjury; and it also appearing that said securities have endeavoured, by all the means in their power, to secure the appearance of the said John Cain, and having failed to do so; and the said John Cain having left the country, and gone to parts unknown to said securities: the

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committee therefore deem the prayer of said petitioners reasonable, and that the same ought to be granted in part, and recommend the adoption of the following resolution. Be it resolved by the Senate and House of Representatives of the State of Georgia, That the justices of the inferior court of Houston county, or a majority of them, be, and they are hereby authorized upon application by the said William Barker, sen., and Levin F. Chain, securities as aforesaid, and upon their making sufficient showing to the satisfaction of said justices, that they have used due diligence to bring the said John Cain to trial; and have not connived in any manner to effect his non-appearance, to discharge and acquit fully and completely, the said William and Levin F. from their bond aforesaid, upon their paying all cost which has accrued in the prosecution of said bond. Agreed to, December 9th, 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, Dec. 20th, 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, Dec. 21st, 1833. IN SENATE. Whereas, Charles Cox, late tax collector for the county of Upson, did receive and collect, on account of tax due for the year eighteen hundred and thirty-one, but payable in the year

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eighteen hundred and thirty-two, bills of the Bank of Macon to the amount of twelve dollars, which were paid to and received by him, before he had any knowledge or belief of the failure of said bank; and whereas, said Charles Cox, tax collector as aforesaid, has fully settled with the treasurer of this state for the whole amount of tax so collected by him for said year, and has paid the same in current money, retaining the bills of the Macon Bank. Be it therefore resolved, That his Excellency the Governor be, and he is hereby directed and authorized to draw his warrant on application of said Charles Cox, his executor, administrator, or assigns, in favour of the applicant, for the sum of twelve dollars, directing the treasurer of this state to pay the said sum to the person in whose favour it may be drawn, upon his depositing in the treasury said amount of bills of the Bank of Macon. And whereas, David Williams, tax collector for the county of Bullock, has paid the treasurer of the state the sum of seven dollars, and Daniel Gartman, tax collector of the county of Habersham, has paid to the treasurer of the state five dollars under like circumstances. Be it further resolved, That the Governor is authorized to draw his warrant in favour of the said David Williams for the sum of seven dollars, and in favour of the said Daniel Gartman for the sum of five dollars, upon his depositing in the treasury said amount of bills of the Bank of Macon. In Senate, agreed to, 3d Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in Dec. 4th, 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, Dec. 23d, 1833.

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IN SENATE. The Joint Standing Committee on Finance, to whom was referred the Comptroller General's Report ReportThat they find the entries in the Comptroller's Ledger to be in exact accordance with the statement of accounts current furnished by him for the use of the legislature. The committee have made such an examination of the books in the Comptroller General's office, as has satisfied them of the fact that these books have been neatly, and correctly kept by the late incumbent. In Senate, agreed to, 13th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved. IN SENATE. The Committee on Finance, appointed to examine the Treasury Office, beg leave to report, That they have examined the Treasurer's Report and Abstract, and a list of warrants drawn by the Governor on the Treasurer, for the political year 1833, and after a full, free, and critical examination of the various books and entries therein made, in the Treasury department, find all the payments made by the Treasurer for the year aforesaid, supported by proper vouchers, and agreeing with his report and abstract. Your Committee find in the Treasury on the 31st of October, 1833, a balance of $21,060 47.

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Your Committee have also examined the receipts and disbursements from the 1st to the 24th November, both days included of the present year, and find a balance on hand arising from the business of that time of $28,029 32, making together a balance in the Treasury, on the 24th November, 1833, of $49,089 79, consisting of the following description of bank notes and other currency, viz: Current bills of Banks of this State, $19,054 06 Deposited in the Central Bank, 15,990 00 State Bank Stock, 10,000 00 Bills of the Bank of Macon, 1,122 00 Bills of Merchants' and Planters' Bank, Augusta, 105 00 Paper medium, 2,287 73 Counterfeit bills, 30 00 Counterfeit silver, 1 00 $49,089 79 which amount was counted by the Committee, and delivered to the present incumbent. Your Committee recommend that the list of Governor's warrants, together with Comptroller's Treasurer's abstract for the month of November, as well as the preceding political year be received as a part of this report, and that they be published with the Journals of the House of Representatives. Your Committee feel it to be a pleasant duty to state, that the affairs of the Treasury Department are kept in a business like and satisfactory manner, easily understood and highly creditable to the late officer of that department. In Senate, agreed to, 13th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833.

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IN SENATE. The Committee to whom was referred the memorial of John J. Flournoy, praying the establishment of an institution for the education of the deaf and dumb, having had the same under consideration, respectfully report, That whether aimed as a literary composition from the pen of one taught at such a school, or as a powerful appeal to the best feelings of our nature in behalf of an unfortunate and neglected portion of our fellow-creatures, the memorial presents strong claims to the consideration of the Legislators of an enlightened and benevolent people. In the absence of fact and materials necessaryt o a full investigation of the subject, as well as in the want of time now to make it, your committee respectfully submit the following resolution: Resolved by the Senate and House of Representatives of the General Assembly of the State of Georgia, That the memorial of John J. Flournoy, praying the institution of a school for the education of the deaf and dumb be referred to his excellency the Governor, for the purpose of obtaining the information necessary to a full investigation of the subject, by the ensuing General Assembly. In Senate, agreed to, 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 21st Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, 21st Dec. 1833.

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IN SENATE. Resolved, That his excellency the Governor be requested, and he is hereby authorized, to have five hundred copies of a digest of all the laws and resolutions now in force in the State of Georgia on the subject of public education and free schools, for the use of the several counties, to be deposited with the inferior courts of said counties. Agreed to, Nov. 28th 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, IN SENATE. Resolved, That the report of the committee appointed to examine into, and report upon, the affairs of the Merchants' and Planters' Bank of the city of Augusta, be published by authority of the Governor, at the expense of the State, in the several public gazettes of Milledgeville and Augusta; and also, that the said

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report, and the evidence attached to it, be appended to the journal of the senate. Agreed to, 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, IN SENATE The joint standing committee, to whom have been referred, the subject connected with the Penitentiary, as also its Internal Police, and the management of the institution generally, have performed the duty required of them, and have agreed upon the following report: That the institution for the past year, as evinced by the examination, has been conducted in a manner highly creditable to those individuals, to whom its immediate management has been confided, and in the opinion of your committee, the skill and economy evineed, is such as to inspire in the community, the highest confidence in the ability and integrity of the principal keeper and his assistants. Upon an examination of the books, so far as your committee had an opportunity of forming an opinion, they are gratified in having it in their power to say, that Mr. John Miller, the principal book-keeper, from the exhibits made to your committee, evidences high attainment as an accountant, and for neatness and accuracy seldom equalled. The blacksmith and wagon-making departments, seem to be well conducted, and appear to be profitable branches of business: The harness, shoe and boot making shops, appear to be in a tolerable condition. The work shops occupied by the cabinet and carriage makers, are so constructed as to preclude the possibility

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of the business receiving that profitable attention, that it would and ought to receive, under more favourable circumstances. The general health of the convicts has been for the past year, of the most favourable character, no death having occurred, and very little sickness of any kind. This, in a great degree, in the opinion of your committee, may be attributed to the excellent management of the principal keeper, and by his mild, yet firm discipline, the morals of the convicts, so far as your committee could learn, have been of the most flattering kind. Your committee, whilst on the subject, cannot but remark, that under the management of the present principal keeper, the situation, health and morals of the convicts, have been greatly improved; and the institution, instead of being a burden on the treasury, has supported itself and left a handsome balance. The principal keeper receives but the same salary that his predecessors did, who were furnished with a good dwelling house and fire wood, but since the destruction of that institution, the present keeper has furnished his own dwelling and wood. Your committee are of opinion, that it requires as much talent and responsibility, and infinitely more labour to discharge the duties of principal keeper of the Penitentiary, as it does to discharge the duties of secretary of state, or others of the state house officers, they would therefore respectfully recommend, that he should be placed upon the same footing with them. Your committee would therefore recommend to both branches of the Legislature, the adoption of the following resolution: Resolved, That the inspectors of the Penitentiary, be directed to cause the construction of such buildings, and also such repairs made to the work shops as they may deem necessary, for the benefit of the institution. In Senate. Agreed to 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved.

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IN SENATE. Resolved, That his excellency the Governor transmit to the county of Union eight copies of the Georgia Justice, and six copies of Prince's Digest; and to the county of Sumpter four copies of Prince's Digest, and four copies of the Georgia Justice, with the acts and Journals of the present session, for the use of said counties, and pay for the same out of the contingent fund not otherwise appropriated. Agreed to, 9th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Glerk. WILSON LUMPKIN, Governor. Approved, IN SENATE. The committee, to whom was referred the communication of his excellency the Governor, in relation to the fire at the state-house, and the exertions made to extinguish the same, and recommending some provision for the black man Sam, the property of Mr. Marlorhave had the same under consideration, and are of opinion that such essential services rendered by the said man Sam, in which he could have no interest, merit nothing short

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of his emancipation; and therefore recommend the appropriation of a sufficient sum to pay Mr. Marlor the full value of him, and that he be set at [Illegible Text] under such regulations as now exist for the government of free persons of colour. And that the further sum ofdollars be appropriated, to be disbursed under the authority of his Excellency, in compensating such other slaves and free persons, as rendered their aid in extinguishing said fire. Your committee beg leave also to offer the following resolution. Resolved, That his excellency the Governor be, and he is hereby authorized to cause the old part of the state-house building to be made to correspond in appearance with the new part at the north end; and also, to cause the roof to be covered with copper or slate, so as to make it fire proof, and that he be authorized to contract with some competent workmen for the performance of the same, which shall be done under the superintendence of such persons as be may appoint for that suppose. Resolved further, That the sum of twelve thousand dollars be appropriated for that purpose, and that the same be inserted in the appropriation bill. Agreed to, 9th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 21st Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved,

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IN SENATE. The committee, to whom was referred the several reports of the commissioners appointed to rent fractions in that part of the Cherokee territory attached to the counties of Hall, Habersham, and Gwinnett, and in that part of the Cherokee territory attached to the counties of De Kalb and Carroll, have had the same under consideration, and report: That they find the said commissioners have discharged their duties, and direct that the notes received by them for the rent of said fractions be deposited in the Central Bank, to be collected for the use of the State; and that the several sums of money collected and received by said commissioners, or any of them, be paid into the treasury of the State, deducting their fees. Agreed to, 13th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved, IN SENATE. Resolved, That the proposals of Messrs. Polhill and Cuthbert, to print the laws and journals of the present session of the legislature, and also the job printing, being the lowest proposals to do the same, that they have the same on the terms proposed by them, which are herewith submitted, and are as follows:

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The laws and journals to be printed as in 1830, the laws in small pica, and the journals in long primer; for each copy sheet of eight octavo pages, eight mills; rule and figure work double that price. The laws to be delivered on the 15th day of February, 1834: the journals on the 15th of March, 1834. For the job printing, for each sheet of eight octavo pages, five cents per sheet for the first hundred sheets, and two and a half cents per sheet after the first hundred. And for all jobs exceeding eight octavo pages, four cents per sheet for the first hundred sheets; after the first hundred, two cents per sheet. After the first sheet, twenty-five per cent. lower. Rule and figure work double those prices. Securities, to be approved by the Governor. Agreed to, 25th Nov. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. In the House of Representatives, Concurred in, 27th Nov. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. WILSON LUMPKIN, Governor. Approved,

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RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES. HOUSE OF REPRESENTATIVES. Resolved, That both branches of the General Assembly will convene in the Representative Chamber, on Tuesday next, at 10 o'clock, A. M., for the purpose of electing the following officers, to wit: Secretary of State, Treasurer, Comptroller, General, and Surveyor General. In the House of Representatives, Agreed to, 11th Nov. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In the Senate, agreed to, 11th Nov. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Nov. 11th, 1833.

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HOUSE OF REPRESENTATIVES. Resolved, That his excellency the Governor, be and he is hereby authorized and requested to have the act incorporating the Georgia Rail Road Company, published one time in the Georgia Journal and Federal Union. In the House of Representatives, Agreed to, 21st Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 21st Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved to, 21st Dec. 1833. HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the voters throughout the state be requested to indorse on their tickets at the next General Election, on the first Monday in next October, the word annual or biennial, to signify their approbation or disapprobation of a proposed amendment of the Constitution, to substitute biennial sessions of the General Assembly, for annual sessions, and that the vote so given in shall

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be returned to the Executive office, with the other election returns. In the House of Representatives, Agreed to, 10th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 17th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, 19th Dec. 1833. HOUSE OF REPRESENTATIVES. Resolved, That his excellency the Governor, be and he is hereby required to cause to be published forthwith in all the newspapers of Milledgeville, the act passed at this session of the Legislature, creating a new Judicial Circuit. In the House of Representatives, Agreed to, 14th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 17th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, 19th Dec. 1833.

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HOUSE OF REPRESENTATIVES. Be it resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That his Excellency the Governor be, and he is hereby authorized to draw his warrant upon the treasury in favour of the justices of the inferior court of the county of De Kalb, for three hundred and fifty-eight dollars and fifty-five cents, the same being for jail and prison fees, incurred by the officers of said county in the detention of Indians charged with criminal offences against the state, and that the same be inserted in the general appropriation act. In the House of Representatives, Agreed to, 18th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, 23d Dec. 1833. HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That his excellency the Governor be, and he is hereby authorized and required to draw his warrant on the treasury of this state, in favour of the Justices of the inferior court of Thomas county, or such person as may be duly authorized by said Justices, for

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such arrearages as may appear to be due said county as its distributive and undrawn share of the poor school fund. In the House of Representatives, Agreed to, 11th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 17th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 19th, 1833. HOUSE OF REPRESENTATIVES. The Committe to whom was referred the memorial of James Holderness, beg leave to make the following report, to wit: That from the memorialist's petition, and the evidence submitted accompanying the same, that the said James rented to the regularly appointed agents and officers of the Bank of Darien, a banking house, for their branch establishment at Macon, that he rented the same for the annual rent of three hundred dollars, that after the officers of said branch had occupied the same for about three months, the house was burnt down in consequence of the criminal neglect and carelessness of their cashier at said branch. The said petitioner commenced his action against the said Bank of Darien, in M`Intosh county, for the recovery of the value of said house with the rents and issues thereon. The said Bank of Darien, after maintaining the cause in court as long as the law would allow, sheltered itself under a clause in the charter, which required all contracts made with said bank to be signed by the President and countersigned by the Cashier, in consequence of which the said petitioner was defeated in the obtaining of his just claim. Therefore, as the State is directly

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interested in one half if not more of the stocks of said Bank, and ought and should be unwilling at all times to do manifest injustice to its citizens, they deem the prayer of the petitioner reasonable and that it ought to be granted. Resolved, That the sum of fifteen hundred dollars, with in-interest upon the same, from the time of the destruction of the property be, and the same is hereby appropriated for and to the use of James Holderness, it being one half of the value of said house destroyed by fire, saying nothing of rent for interest due thereon, while occupied by the officers of the Branch Bank of Darien, at Macon, and in consequence of their criminal neglect and carelessness, and that the said sum be inserted in the appropriation bill. In the House of Representatives, Agreed to, 11th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in 17th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 19th, 1833. HOUSE OF REPRESENTATIVES. The Committee to whom was referred the petition of Zachariah B. Hargrove, make the following report, That the Committee have had the same under consideration, and believe the claim of the petitioner to be reasonable and just, and recommend the following resolution: Be it resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the

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sum of twenty-five dollars be allowed to Zachariah B. Hargrove, for services rendered the state as attorney at law, in the employ of the state agent, in a case the State vs. Joseph B. Leathers, charged with the offence of gold digging, in the Cherokee territory; and the sum of twenty-five dollars for services rendered in a case the State vs. Jeremiah Gibbs, charged with the same offence, also the sum of twenty-five dollars for services rendered the state in a case the State vs. Thomas Hewell, charged with the same offence; and the further sum of twenty-five dollars for services rendered the state, in a case the State vs. Nathan Howard, charged with the same offence, and that the aforesaid amounts be placed in the general appropriation act. In the House of Representatives, Agreed to Dec. 11th, 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 17th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Assented to, 23d Dec. 1833. HOUSE OF REPRESENTATIVES. The committee, to whom was referred the petition of John Martin, asking to be remunerated for the loss of a negro man purchased by him from the Oakmulgee Navigation Company, which negro was afterwards recovered from him by due course of lawhaving carefully examined the petition aforesaid, and the accompanying documents, find that the said John Martin did, on the third day of July, 1825, purchase from Furney F. Gatlin, then acting as President of the Board of the Oakmulgee Navigation Company, a certain negro man slave named Dave, for which he paid the sum of six hundred dollars, as appears

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by the bill of sale annexed to said petition; and it further appears, that after a long, expensive, and vexatious law suit, said negro man Dave was recovered from him by due course of law, under a title derived from an individual in the state of Delaware, by the name of Moore; and it further appears, that the petitioner, while prosecuting his claim to said negro, necessarily expended two hundred dollars or upward, beside loss of time, and other small incidental expenses. The committee therefore think the prayer of the petitioner reasonable and just, and that it ought to be granted; they therefore recommend the adoption of the following resolution: Resolved, That the sum of nine hundred and fifty-four dollars be allowed the said John Martin, in full, for the value of said negro man Dave, the expense of prosecuting the suit, and interest on the amount paid, and that the same be placed in the appropriation law. In the House of Representatives, Agreed to, 11th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 17th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 19th, 1833. HOUSE OF REPRESENTATIVES. Resolved, That the solicitor general of the southern circuit institute suit against George Walker, for the recovery of damages on the bill of sale executed by the said George to the Oakmulgee Navigation Company, for a certain negro man slave named

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David or Dave, sold by said Walker to said Company, on or about the year 1822 or 3. Agreed to, 14th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 17th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 19th, 1833. HOUSE OF REPRESENTATIVES. The committee, to whom was referred the petition of the heirs of John Cooper, beg leave to report the following resolution: Resolved, That the comptroller general be required to strike the name of John Cooper from the list of defaulting tax collectors, on the payment of one thousand dollars into the Treasury of this State, by Charles M. Cooper and Jacob Rockenbaugh. In the House of Representatives, Agreed to, 27th Nov. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS Clerk. In Senate, concurred in, Dec. 17th, 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 19th, 1833.

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HOUSE OF REPRESENTATIVES. The committee, to whom was referred the memorial of Leroy Napier, have had the same under consideration, and after mature deliberation, have arrived at the conclusion that the prayer of the memorialist is reasonable and ought to be granted, and therefore recommend the adoption of the following resolution: Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the comptroller general be authorized and required, in his settlement with the tax collector of Troup county, to allow the said collector a credit of four thousand dollars, that being the amount improperly entered on the books of the receiver of tax returns of Troup county against Leroy Napier, for the year 1832, as a defaulter, the said Napier having given in his taxable property in the county of Putnam before his removal to the county of Troup. In the House of Representatives, Agreed to, 4th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, Dec. 5th, 1833 JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 7th, 1833.

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HOUSE OF REPRESENTATIVES. The committee to whom was referred the memorial of Calvin Baker, praying the reimbursement of a certain sum of money, paid by his son, William H. Baker, for a vendue license, believe his request to be reasonable and just, and ought to be granted, therefore beg leave to offer the following resolution: Be it resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the treasurer be, and he is hereby authorized and required, to refund to Calvin Baker, the amount of one hundred dollars, so paid by his son, W. H. Baker, for a vendue license, and that the same be inserted in the appropriation act. In House of Representatives, read and agreed to, 27th Nov. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, Dec. 4th, 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 7th, 1833. HOUSE OF REPRESENTATIVES. The committee to whom was referred the memorial of Mary G. Franklin, executrix of Col. Bedney Franklin, late Solicitor General of the Ocmulgee Circuit, deceased, and the matters connected therewith, have had the same under serious consideration, and ask leave to make the following report:

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From the facts submitted to your committee, and which have been examined by them, it appears that the judgment against which the memorialist seeks relief, was obtained in the superior court, held in and for the county of Clark, at the February term of said court, 1833, on the appeal trial, the former [Illegible Text] being for the defendants, the cause of action being for money alleged to have been collected by Col. Bedney Franklin in 1816, and before that time, whilst he was acting as Solicitor General of the Ocmulgee Circuit, and which it was contended, had not been paid over to the state. The suit was instituted by the Central Bank, since its incorporation in 1828, and a verdict in 1833, rendered against the executors of Col. Franklin. The late Solicitor General died in the fall of 1816, a very short time after his return from the circuit. The memorialist at the sessions of the legislature in 1817, 1818, 1819, and at different periods since that time, urged an investigation of the matter and that the accounts might be adjusted, as she had every reason to believe that the state was largely indebted to her testator, for services rendered by him to the state, and the subject of investigation was more especially urged, as the papers and management of the affairs appertaining to the Solicitor's office upon his death went into other hands, by executive and legislative appointment. Various resolutions having been passed by the legislature, and committees appointed, who have made reports to be found on the journals of the legislature. In consequence of the death of Col. Franklin, the removal and deaths of the clerks and sheriffs of the different counties, and the indistinct recollection of facts occurring so long since, would naturally deprive the defendants, who were only the representatives of another, of the power to avail themselves of such facts as perhaps really existed, and which might have presented a substantial defence to the action. From the great length of time elapsed since the alleged collection of the money, and the death of Col. Franklin in 1816, until rendition of judgment in 1833, it appears to your committee, that justice could not be done the parties, and that any verdict which might be rendered could not be considered as settling the facts with certainty, this delay of some fifteen years between the death of Col. Franklin and the institution of the suit against the executors, your committee think, is not in the slightest degree to be imputed to the memorialist. Your committee cannot say the money was not collected, but from facts which do exist, though they might not present a sufficient defence at law, yet advance strong claims on the consideration and magnanimity of the legislature for relief. These facts negative the presumption,

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that the money (if collected) was ever applied to the use of the late Solicitor General, or that it came to the hands of his executors. Col. Franklin, during his life, and in his intercourse with men, was esteemed as strictly honest and honourable, free from the vice of gambling, and not extravagant in his expenses or in his style of living. By a reference to the returns of his taxable property of file in the comptroller's office, it appears that in 1808, he returned fourteen slaves and sundry tracts of land, in 1817, the year following his decease, the memorialist as his representative, returned only twenty-one slaves and sundry parcels of land, showing but a very reasonable increase of his property in the eight years preceding his death, at a time when he enjoyed an extensive and lucrative practice. These facts, in connection with the continued and urgent manner in which the memorialist urged an investigation of the matter, appear to afford conclusive evidence to your committee, that the amount of eleven thousand dollars, could not have been used by Col. Franklin, and that it never came into the hands of his executors. The following facts, in the opinion of your committee, may perhaps show how the deficit occurred. Col. Franklin, whilst he was acting as Solicitor General of the Ocmulgee Circuit, twice and perhaps three times, in the presence of Judge Shorter, deposited large packages of public money in the post office, whilst on the circuit, directed to the treasurer of the state, because Col. Franklin considered it useless to carry such large sums with him around the circuit. He was also in the habit of leaving large amounts with the sheriffs and clerks, until it was convenient to call for the same, when he visited Milledgeville, for the purpose of paying the amounts collected into the treasury. From the statement of Geo. R. Clayton, it appears that no money was ever received at the treasury from Col. Franklin, through the post office, and it is possible the packages may have been abstracted by dishonest post masters, or applied to the individual use of those with whom it may have been left for safe keeping by Col. Franklin, after his death. Your committee would further state, that the memorialist had no notice of the claim against her testator, until long after the administration and distribution of almost the entire estate of Col. Franklin. The statute of limitations being a quieting statute, and the reason of the statute applying to claims in favour of the state as well as those of an individual, and not believing in the prerogative

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maxim, no time runs against the king, when applied to our government and free institutions; your committee think, that the length of time which the state has slept over its rights alone should in justice and in equity, bar the present claim against the memorialist, who is only the representative of one, who, had he been living, could long since have accounted for the money, if it had ever been collected. Your committee beg leave therefore, under conviction of the fair claims of the memorialist to relief, to recommend the passage of the following resolution: Resolved, That his Excellency the Governor, and the Directors of the Central Bank, be, and they are hereby authorized and requested, to instruct John H. Howard, the attorney prosecuting said case, to suspend all further proceedings on the judgment obtained at February term, 1833, of Clark superior court, against the executors of Col. Bedney Franklin, deceased, late Solicitor General of the Ocmulgee Circuit, in favour of the Central Bank, and to enter a remittitur of the judgment, except the costs, on the minutes of said court, on their paying the attorney's fees for prosecuting the same. In the House of Representatives, agreed to, 12th Dec. 1333. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 17th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 19th, 1833.

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HOUSE OF REPRESENTATIVES. The Committee to whom was referred the petition of Mrs. Eliza Mackay, beg leave to make the following report: That they have examined the facts stated in her memorial in connexion with the joint resolution of the two Houses of this Assembly of 21st December, 1831, and find that the application made by Mrs. Mackay, to the Legislature of 1831, was misunderstood, and the resolution aforesaid was consequently such, as not to extend to her that relief for which she asked, or to which, in the opinion of this committee, she had strong claims from the generosity of this Legislature. This Committee have learned on inquiry, that Mrs. Mackay has with very limited means, raised a large family in respectability and with great credit to herself and the members of her family. That the estate of the deceased husband is inadequate to pay over five per cent. interest, authorized by the aforesaid resolution, and that the only relief that can be of service to her is the entire remission of the balance due on said debt for interest. Referring to the said resolution and the facts therein contained, your committee beg leave to recommend the adoption of the following resolution: Resolved, That the Solicitor General of the Eastern Circuit be, and he is hereby authorized and directed to enter of record an acknowledgement of satisfaction on the judgment which the State has against the estate of Robert Mackay, deceased, and in the mortgage given by the said Robert Mackay, to the state to secure the debt on which such judgment is founded. In the House of Representatives, Agreed to, 12th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 17th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, 19th Dec. 1833.

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HOUSE OF REPRESENTATIVES. Whereas, it appears from the certificate of John Bethune, Surveyor General, that lot No. 72, in the fourth district of Muscogee county, was by mistake granted on the 17th of February, 1832, to Arnold Holly; whereas, Arnold Holly was not the drawer of 72, in said district, but of No. 172, in the same district, and which had been previously granted. And it further appears that Arnold Holly, after said mistake was found out, returned the plot and grant for lot 72, in said district to the Surveyor General's office, and said grant has since been lost or mislaid. And it further appears, Elijah Akin, of Allen's district, Henry county, was the drawer of lot seventy-two, and as such has applied for the grant. Be it therefore resolved, That the plot and grant to lot No. 72, in the former district of Muscogee county, be issued to and in the name of the said Elijah Akin, and that his excellency do order the money paid into the treasury on the 7th day February, 1832, to be entered on the plot of said lot for the proper owner. In the House of Representatives, Agreed to, 6th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 17th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, 20th Dec. 1833.

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HOUSE OF REPRESENTATIVES. Whereas, the State's half of lot No. 43, in the sixth district in the county of Monroe, and eastern half of said lot, has been sold; and whereas, the purchaser has wholly neglected and refused to comply with the terms of sale, in such cases by law provided: Be it therefore resolved, That his excellency the Governor be, and he is hereby required to cause the said half lot to be sold at public outcry, in the town of Forsyth, agreeably to the provisions of the law heretofore enacted for the disposal of the State's interest in fraudulent lots of land. In the House of Representatives, Agreed to, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, 21st Dec. 1833. HOUSE OF REPRESENTATIVES. Whereas, the charter of the Bank of Darien will expire, by its own limitation, in the course of a few years; and whereas, a true knowledge of its present condition is indispensable in order to determine upon the policy of rechartering the same:

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Resolved, That his excellency the governor be, and he is hereby authorized to appoint three fit and proper persons, whose duty it shall be to examine into the situation and condition of the Bank of Darien and its branches, and report the same to the Governor, whose duty it shall be to lay the same before the next General Assembly. In the House of Representatives, Agreed to, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, 21st Dec. 1833. HOUSE OF REPRESENTATIVES. Whereas, the State's agent, appointed by his excellency the Governor to rent the fractions and abandoned improvements in the Cherokee country, did proceed to rent several improvements which were in the possession and occupancy of Indians, Indian countrymen, and United States' officers and agents, residents in said country: and whereas, the occupants of said fractions and improvements refused to give possession to those who rented them. Be it therefore resolved, by the Senate and House of Representatives, in General Assembly met, That upon sufficient showing being made to the directors of the Central Bank, that any person has been kept out of the possession of improvements

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rented as aforesaid, to deliver up to such persons, his, her, or their notes, given in consideration of the same; and where any part of said improvements may not have been received by the said renter for the said reasons, he shall receive a credit for the same. In the House of Representatives, Agreed to, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, 21st Dec. 1833. HOUSE OF REPRESENTATIVES. The committee, to whom was referred the communication of his excellency the Governor, and the accompanying report of William Nichols, civil engineer upon the survey of the Chattahoochee river from West Point to Columbus, have had the same under their consideration, and beg leave to make the following Report: Your committee very much regret the unavoidable postponement of the said report until this late period of the session, owing, as they understand, to the want of time, and the great labour and importance of the work which the engineer had to perform, and the difficulty of having the report printed, and which, your committee are proud to say, has been executed in a style and with an ability that does great honour to the engineer, Mr. Nichols, and which has fully demonstrated the practicability of

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constructing a rail-road from West Point to Columbus. Your committee will therefore submit the following resolution: Resolved, That it is highly expedient and practicable that a rail-road should be constructed from West Point to Columbus, and that this legislature regret that it is too late for them to pass a law, granting a charter for that purpose; and would therefore recommend the formation of a company for that purpose, hoping and believing that the next legislature of this State will grant them a charter, upon the same liberal principles which have been extended to different rail-road companies which have been incorporated this session. In the House of Representatives, Agreed to, 19th December, 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, Dec. 20th, 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 21st, 1833. HOUSE OF REPRESENTATIVES. Whereas, the improvement of the Oclockoney river is a matter of great interest to many of the inhabitants of Decatur, Thomas, and Irwin counties, and will tend to enhance the value of a considerable tract of unsettled country on that river: and whereas, the territory of Florida is engaged in clearing said river of

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impediments to its navigation up to the Georgia line, which will be speedily accomplished: and whereas, it is confidently believed that the navigation of said river may be extended many miles in the State, at little comparative expense. Be it resolved, That Elias McElvire, Kindred Hall, and Henry Atkison, of Thomas county; and Daniel Rambo and William Hawthorn, of Decatur county, be appointed commissioners to examine and report to the next legislature the state of the river, and its capacity for transportation at the present, noting the obstructions and the probable cost of removing the same, so far as they may deem the navigation practicable, with such views as they may please to suggest on the subject generally; and that the expenses of said examination be defrayed by the counties aforesaid. In the House of Representatives, Agreed to, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, 21st Dec., 1833.

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HOUSE OF REPRESENTATIVES. Whereas, in the former lotteries of the lands of this State, many lots by mistake were not put in the wheel, and consequently not drawn by any individual: and whereas, there are several cases of fraudulent draws, or lots drawn by mistake, in which the drawers have relinquished their rights to the State, which lots still remain undisposed of: Be it therefore resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That his excellency the Governor be, and he is hereby authorized and required to cause all lots of the foregoing description to be placed in the wheels and drawn for, in the same manner as has been authorized for disposing of the fractions of the Cherokee country. In the House of Representatives, Agreed to, Dec. 4th, 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 5th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 7th, 1833. HOUSE OF REPRESENTATIVES. Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That Charles M. Cooper, of the county of McIntosh, be appointed a commissioner

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of pilotage for the port and city of Darien, in place of William Scarborough, removed. In the House of Representatives, Agreed to, 6th Nov. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 8th Nov. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 9th, 1833. HOUSE OF REPRESENTATIVES. Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That Nathan C. Sayre, Green H. Jourdan, George W. Murray, and Robert McCombs, be, and they are hereby appointed to examine and audit the accounts of the several delegates and officers of the convention held in May last. In the House of Representatives, Agreed to, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, 20th Dec. 1833.

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HOUSE OF REPRESENTATIVES. Resolved, That the officers of the several Departments in the State House be required to arrange, classify, and properly endorse such papers and documents of ancient date and little immediate use as may be in their respective offices, and deposite them in some safe place in the basement story of the State House, for safe keeping, and ready access, that the offices themselves may be no longer encumbered by them. In the House of Representatives, Agreed to, 3d Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 5th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 7th, 1833. HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the treasurer of this State be, and he is hereby authorized and required to receive in payment of taxes, any bill or bills of the Merchants' and Planters' Bank, which may have been received by any tax collector, before the depreciation of said bills, upon his being satisfied that such was the fact, which may be determined by the affidavit of such collector, made before any [Illegible Text]; and in case any collector has made settlement

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with the treasurer for the amount of taxes chargeable against him, he may, nevertheless, be availed of the provisions of this resolution, by an exchange of the depreciated money for good money by him paid in. In the House of Representatives, Agreed to, 5th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 7th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 10th, 1833. HOUSE OF REPRESENTATIVES. Resolved, That his excellency the Governor, be authorized and requested to furnish for the use of the Justices of the inferior court, and Justices of the peace of Scriven county, five copies of Dawson's Digest, and eight copies of the Georgia Justice, and transmit the same with the Laws and Journals. In the House of Representatives, Agreed to, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 21st, 1833.

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HOUSE OF REPRESENTATIVES. Resolved, That his excellency the Governor, is hereby authorized and requested to send to the county of Thomas with the Laws and Journals of the present session of the Legislature, four copies of Dawson's Diggest, five copies of Prince's Digest, and five copies of the Georgia Justice, for the use of the officers of said county. In the House of Representatives, Agreed to, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 21st, 1833. HOUSE OF REPRESENTATIVES. Resolved, That his Excellency the Governor be, and he is hereby requested to transmit to the county of Jackson, with the laws and journals, two copies of Prince's Digest, two copies of Foster's Digest, two copies of Dawson's Compilation, and two copies of the last edition of Clayton's Georgia Justice, for the use of the Justices of the Peace for Captain Reden's district, said copies having been destroyed by fire; also one copy of Prince's Digest for the Justices of the Peace for Captain Lay's District of the county of Jackson, and also one copy of Dawson's Compilation for the use of the Inferior court of the county of Clark, and one copy of the Georgia Justice for the use of the

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Justices of the Peace in and for Buncombe district in said county; also one copy of Prince's Digest, and one copy of the Georgia Justice for the 477th district of the Georgia militia in Newton county. In the House of Representatives, Agreed to, 20th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 21st, 1833. HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That his Excellency the Governor be authorized and requested to furnish the county of Crawford for the magistrates of Capt. Hobb's district, two copies of Prince's Digest and Georgia Justice, and that the same be sent with the laws and journals. In the House of Representatives, Agreed to, 21st Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 21st Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 23d, 1833.

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HOUSE OF REPRESENTATIVES. Be it resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That his Excellency the Governor be, and he is hereby authorized to furnish the inferior court of the county of Cass with ten copies of Prince's Digest, ten copies of the Georgia Justice, and five copies of Dawson's Compilation, and that the same be forwarded to the said county of Cass, at the same time, with the laws and journals of the present session of the legislature. In the House of Representatives, Agreed to, 9th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in 17th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Dec. 19th, 1833. HOUSE OF REPRESENTATIVES. Resolved, That a joint committee consisting of two of the Senate and three of the House, be appointed by the Senate and House of Representatives, to investigate the present and past condition of the Merchants' and Planters' Bank of Augusta, all facts connected with its establishment and the general management of the institution; the causes of the failure of the same, and all such matters connected with said institution, as said committee may deem necessary, and that Nathaniel W. C. Cocke, Henry Cook, and Robert Campbell, of Augusta, be appointed

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with said committee in the prosecution of the objects of this resolution, and that said committee be required to visit said corporation to carry the object of this resolution into effect, and that said committee have full and complete powers to send for persons and papers, as they may deem necessary; and make a report of the same to the present legislature. In the House of Representatives, Agreed to, 19th Nov. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 3d Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, 4th Dec. 1833. HOUSE OF REPRESENTATIVES. The joint select committee, appointed to investigate the present and past condition of the Merchants' and Planters' Bank of the city of Augusta, the causes of its failure, and for other purposes, beg leave to Report: That, in obedience to the resolution of the legislature, they visited said corporation, and entered upon the discharge of their duties. The first obstacle presented to the efficient discharge of those duties, was the unqualified refusal of the president and directors of said Bank to submit their books and papers to the inspection of your committee. A formal protest under their order was presented, in which the investigation directed by the supreme legislative authority of the State, was denouneed as a proceeding illegal, utterly subversive of private right, an assumption

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of power, which, under the constitution, the legislature cannot exercise. This lofty tone of presumptuous defiance, against the authority of the highest tribunal recognised by the constitution and the people of the State, adopted by this banking interest, a mere creature of the legislature, and owing every moment of its existence to the forbearance of that body, seemed well to become the arrogance of an in inflated aristocracy, more gratified at the possession of power to abuse, than respect to those whose interests are affected by its exercise for the virtuous use of it, and placed in bold relief the shameless desperation which violated confidence, fraught with its excesses, was capable of assuming. Your committee, entertaining no doubt as to the visitorial powers of the legislature over this institution, hesitated not to overrule the grounds of protest presented to them, and required the president and directors to appear before them, in furtherance of the objects of their appointment, and to produce the books of the Bank. So fearful had those immediately connected with this Bank [Illegible Text], that their conduct might meet the public eye, by an order of the board, passed on the first day of the session of the committee, the books were taken from the possession of the cashier pro tem, and deposited in the Bank, not to be removed unless by an order of the board; and in reply to the subp[oelig]na of your committee, the president and their directors, being all the board, on their oaths stated that the books were not and had not been in their power to produce them, for that they were deposited in Bank, subject to removal only by the order of the board, and no such order existed. This studied evasion of the subp[oelig]na of your committee was not permitted to have its effect; the showing was declared insufficient, and the books ordered to be produced. In the mean time, a rule had been served upon said president and directors, as individuals, to show cause why an attachment should not issue against them, for refusing to attend in person and testify before the committee. The same grounds assumed in the protest of the Bank were relied upon by them in answer to this rule, and in aid of their defence asked to be heard by their counsel. As this was a question affecting the personal liberties of individuals, your committee would have felt bound to grant their request. To have done this, would necessarily have consumed much time; and as the committee were required to report to the present session of the legislature, and as much testimony had been collected apart from that which was sought from the Bank, and of a similar character, embracing the most important subjects of inquiry;

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and as the judge of the middle circuit was absent, so that your committee could not obtain the interference of the judiciary if they had desired its aid in the last extremityfarther proceedings against the president and directors, as individuals and officers, were suspended. Had not the object of their appointment, however, been fully accomplished, in despite of all the opposition of the Bank, your committee would have felt called upon to exhaust all the means placed, as they conceived, within their power, in order to have attained it. For it is justly doubted, whether such perfect exemption from accountability has ever before been claimed for, or conceded to, any banking institution. One thing is certain, that when such exemption is granted as a matter of right, there is no longer any security to the interests of the people. Nothing short of a resort to just principles can release them from the machinations of avarice, or the unhallowed designs of fraud. Your committee are compelled to place a different estimate upon the chartered rights of banking institutions, from that which has been gratuitously adopted by the Merchants' and Planters' Bank: they are mere corporations, designed to subserve some public good; when they refuse or fail to act out the objects of their design, their powers are subject to revocation, or amendment, as the public good requires. To ascertain the manner or extent of action on the part of the creating power, justice to the institution itself requires the exercise of this visitorial power, and duty to the country brings it into operation. If, however, this right of exemption claimed, and attempted to be recognised, does in truth exist, it is a matter of great moment that the community should be cautious in its favouritism of those institutions, in whose notes they place a large portion of their property, and which may speculate upon their interest without the fear of accountability. In reviewing the facts disclosed by the witnesses who were called upon to testify before your committee, little can be said complimentary of the faithful management of the Merchants' and Planters' Bank. The duty which its managers owed to the public, as a banking institution, has been entirely forgotten, while the interests of that public have been rendered entirely subservient to the private speculations of a very few persons, who have been placed at its head as directors and stockholders. The first point to which the investigation of the committee was directed, was, as to the manner in which the institution went into operation. Upon a minute and diligent examination of this preliminary question, the confident opinion is expressed, that the Merchants' and Planters' Bank never did have any legal existence whatever. By the charter of incorporation, the

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stockholders are authorized to elect nine directors for the management of the affairs of the institution, so soon as gold and silver coin, to the amount of twenty per cent. of the subscription for the said stock shall have been received. After the election shall take place, the directors are authorized to receive the money subscribed for stock from commissioners, and shall forthwith thereafter commence the operations of said Bank, at the city of Augusta. According then, to the obvious meaning of the charter, the bank cannot commence until the directors are elected, the directors cannot be elected until gold and silver coin to the amount of 20 per cent. of the subscriptions to said stock shall have been paid in. Now your committee would inquire, if this indispensable pre-requisite had ever been complied with when the bank commenced operations? We answer, unhesitatingly, that it had not. From the testimony of the witnesses it appears that the subscription for the stock of the bank was paid partly in specie and partly in bank bills. Mr. Henry, cashier of the Branch of the State Bank, at Augusta, states that on the 22d of April, 1828, ten thousand dollars were deposited in that bank to the credit of the commissioners of the Merchants' and Planters' Bank; it was withdrawn 4th December of the same year; the deposite was made in current bank notes. Mr. Edward Thomas, then a commissioner of said bank, and now a director and stockholder, requested that the deposits making in current bank notes should be represented by a certificate as a specie deposit, with a pledge that coin would not be demanded; a certificate for the amount of ten thousand dollars was granted. Mr. Hale, president of the same bank, states that the certificate was given upon an understanding between himself and Mr. Wheeler, a large stockholder, and president of the Merchants' and Planters' bank, that no more specie should be drawn than was deposited, and that no more was drawn than had been agreed upon. The object was to enable the bank to go into operation. Another deposite was likewise made of twenty thousand dollars, as Mr. Hale states; a certificate of specie deposite for this amount was refused by the board. A certificate of the usual character was given, which was endorsed by the president of the bank, Mr. Hale, in his individual character, guaranteeing the payment in specie, if required. The time when this deposite was withdrawn is not known; but Mr. Hale states that when withdrawn, it was paid in the bills of city banks, and not in specie. Mr. Ansly, who was an original stockholder, and one of the first directors, and was present at the first meeting

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of the board of directors, states that the bank had funds deposited in the State Bank at Augusta, for which they had a certificate, and which they treated as specie. Mr. Jussap states, that deposite was never resumed to specie, which could have been controlled by commissioners. Then the capital stock of the bank consisted of a specie certificate for ten thousand dollars, received with the understanding that it was not to be paid in specie, and a certificate for twenty thousand dollars, not payable in specie, but endorsed by a private individual, that it should be paid in specie if required. But if we could mistake the object of these singular movements upon the part of this bank, all doubt will be removed by the testimony of Mr. Heard, who states that Mr. Thomas stated to him, that their only object in getting the specie certificate was to present it to the Governor, in order that the Merchants' and Planters' bank might go into operation, and that the specie would never be required. This is what constitutes the 20 per cent. of gold and silver even required to be paid by the charter before the bank commenced its operations. As well might the stockholders have paid their subscriptions for stock in their individual notes, the charter would have been as strictly complied with in the one instance as the other. Upon such a palpable infraction of the charter your committee will forbear to comment. Another material violation of the charter of the Merchants' and Planters' Bank, has consisted in an utter disregard of the fourth article of its constitution. By that article it is expressly enjoined, that not less than five directors shall constitute a board for the transaction of business, of whom the president shall be one. Now, by the testimony of Mr. Barnes, who has been connected with the bank as discount clerk since May 1828, it is proven that both bills and notes have been discounted by a less number than five directors. That the president alone sometimes discounted bills, and that for some time past the affairs of the bank have been managed entirely by Messrs. Wheeler, Thomas, Holocombe, and Bridges. By the testimony of Mr. Stewart, it appears that the president and cashier alone or together, frequently discounted bills of exchange without consulting the board. If discounting notes and bills of exchange with less number than five directors be not transacting business in direct violation of the charter, your committee are utterly unable to conceive of any violation whatever. Another violation of the charter of this institution has been the election of individuals as directors who were not stockholders. This may be justified in some instances, upon the ground that the stock book deems them to be such; yet your committee cannot countenance such an evasion of an express requisition, when it

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is disclosed to them by the testimony, that the transfer was merely nominal, intending to vest no interest and designed as a mere formality, which no other subterfuge could effect. From the returns of the list of stockholders it appears that there were but seven persons [who, according to the charter] could have [been] appointed as directors in the bank. And from the sequel of the history of this institution, it is manifest that it was no part of the policy of a few largely interested, that any one should be brought into the management of its concerns, who might disclose the gross imprudences of which they were guilty. Your committee sought assiduously to learn the causes of failure of this institution, and feel satisfied that they have been enabled to accomplish their object. The bank has no capital; the stock to a very large extent was represented by the notes and bills of stockholders. The discount of the bank had been made to its directors, and they were unable to reduce their notes to meet the calls made on the bank for the redemption of their bills which had been paid out upon their discounts. The proportion of debts due the bank, besides those of its three directors and president was very small. By the testimony of Mr. Barnes and the acknowledgments of Mr. Wheeler, it appears that at the time of the failure of this bank, there was owing to the bank by all its debtors other than its president and three directors, only eighty thousand dollars; while the debts of these individuals could have varied but little from half a million of dollars. Mr. Barnes states that at the time of the failure of the bank, its four directors owed to it independently of exchange, fully two hundred thousand dollars. He further states that the amounts of seventy-eight thousand dollars, being exchange payable in New York, and of one hundred and twenty-five thousand dollars exchange, payable in Savannah, as per the last report made in October, were papers of the directors reciprocally drawn and reciprocally endorsed, and that a part of these bills of exchange represented the capital stock of the bank, and instead of being forwarded for collection, have remained in its vaults ever since its failure. This fact is confirmed by the representation of Mr. Thomas, one of the directors, to Mr. Kendrick. And in a conversation with Mr. Stewart, Mr. Thomas expressly declared that the greater part of exchange running to maturity, as referred to in the report to the Governor, was exchange given for the payments of instalments on stock; that that clause of the charter which prohibited them from pledging their stock to the bank, left them no alternative but to give this exchange for that purpose, which was the only way of evading that clause of the charter. The failure of this institution is a matter wholly inexplicable to your committee,

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if the officers have kept truth in view in their annual report to the Governor, and in their representation of its condition to the community, such has been the confidence of the community in its solvency that its stock had advanced to 30 per cent. premium, dividends were declared at and after the rate of eight per cent. per annum. In 1829 it reported a reserved fund and undivided profits of $14,944, in 1830 of $27,668, in 1831 of $44,418, in 1832 of $23,060, and even on the 1st day of April, 1833, it reports a circulation of $393,491, amount due other banks, dividends unclaimed, and individual deposits amounting in all to $418,803, with notes and bills of exchange, reported as good, specie, bills of other banks, amount due by other banks, real and personal estate, amounting to $659,981, to meet that debit, and yet in the short space of six weeks, the bank failed, and its notes 66 per cent. below par. How comes this sudden reverse of fortune! Has the bank suffered any heavy losses? Mr. Barnes, its now acting cashier says, that from its commencement the bank has suffered no losses of consequence. How then shall we regard this most extraordinary failure? The report on the first of April, comes presented with the solemn sanction of an oath as to its truth, yet in the short space of six weeks, the directors of that bank, under whose very eye that return must have passed, are proclaiming that its bills can never be worth more than they were then, and their then depreciation 66 per cent. Your committee will leave these inconsistencies to be reconciled by those who have created them. They cannot pass however, from this branch of their report, without bestowing the most unqualified censure upon the conduct of those, who, by false representations, have succeeded in gaining the confidence of the community for this institution, then, by their imprudence for their own gain, have shamefully betrayed it to ruin. From the testimony of the acting cashier, it appears that there are now bills in circulation of this bank, to the amount of $98,000. The amount reported in circulation on the first of April last, was $393,000, which shows an amount withdrawn from circulation since that time, and the greater portion since the failure, of $205,000, and how has this been done? In the first place, John W. Bridges, Edward Thomas, John C. Holcombe and Joseph Wheeler, being the almost entire stockholders in the bank, and the only directors, discounted their own notes at their own bank, for such sums as their wishes dictated. The bills of the Merchants' and Planters' Bank, were thus,

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through its directors, thrown into circulation, and all the advantages of their credit afforded solely to those directors. These bills returned upon the bank for payment, the bank was unable to meet the demand, it closed its doors, and its bills depreciated far below their nominal value. The difference between their depreciated and nominal value, became the profits of those who had received and passed them at the one, and were now able to buy them at the other. Those who were thus situated, were the directors, the stockholders over the very bank itself, for no one comparatively, could have any interest in this depreciation; all were opposed to it save those very directors themselves, for all must lose, and nonesave them, could gain. A public sale of the property of Holcombe, Bridges, Thomas, and Wheeler, was had for bills on the Merchants' and Planters' Bank; and instead of the injured community meeting from the hands of their oppressors recompence for their necessities, were publicly appealed to by the president of the bank in an admonition, that the bills of the bank were not worth one half of their nominal value. The sales thus effected reached beyond $68,000, while the real value of the property sold, did not equal one half the amount. It is thus that the misfortunes of the people have been speculated upon by the very men who were the sole instruments in bringing down upon the sufferers those misfortunes; but this injustice has not stopped here; these same directors have themselves entered into the market, and become the purchasers of their own bills at that depreciation of value which they have caused, and these bills thus bought have been returned to the bank in payment of their own notes to that institution. Amply possessed of the means to control the value of these bills, these directors, or at least some of them, have entered into a still more unwarrantable speculation of them, and bought and sold them for a profit. Nor has the bank itself been disposed to permit this golden harvest for speculation to pass by unheeded. Its own property has been exposed to sale for its own bills, and double price received for it. But the insidious temptation of speculation, had too many inducements to limit here, the indulgence of this bank, while it denied payment at its counter for its bills, it was enabled to furnish the means in the hands of a friend to shave up its own paper, and to pocket for itself the profits of the job. Mr. Campbell states, that at the time of the failure, he had a note in the bank, to pay which, he bought its bill at 35 per cent. discount; upon presentation, the bank desired that he should not pay his note with these depreciated bills, as he had not so received them, and at their request, he permitted the bank to take them at the same rate per cent. discount, at which he had obtained them, and for which he received current bills.

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With a consciousness of these glaring truths, well might the Merchants' and Planters' Bank protest against the investigation directed by the legislaturewell might they seek to hide from public scrutiny their illegal proceedings, and the use of means which have proven utterly subversive of private right. Your committee will not venture an opinion as to the future redemption of the bills of this institution. The facts presented to them were not sufficiently authentic to justify any decided opinion. It was, however, the opinion of Mr. Barnes, one of the officers of the Bank, and wholly disinterested in it, that the bills would eventually be redeemed at par value. There is a provision of the charter, however, which subjects the person and property of the original stockholders, and those holding stock by transfer, to the payment of its bills, in proportion to the amount of stock ownedby which, some of the holders of the bills have been enabled to obtain not only the amount of the bills, but the cost of suit and interest upon these bills, as the testimony of Mr. Miller shows. The spirit of favouritism, which seems to have influenced the operations of this Bank, while in character, appears not to have forsaken it now in disreputefor while creditors at home have sacrificed their claims at various losses from 12 to 66 per cent. discount, a debt of 16 or 18,000 dollars has been paid, dollar for dollar, to the firm of Ogden, Ferguson Co. of New York. It is difficult to recognise the propriety of injury being sustained by the citizens of our State, while those of other States are held harmless from loss; and it would be unjust to suggest that any farther or greater sacrifice should be submitted to, by those who have as yet alone submitted to it. One fact more, and your committee will conclude. Oppression to this Bank has been resorted to, for the purpose of directing public censure from the authors of this wanton injury upon the rights and property of the people of Georgia. To the unjustifiable imprudence of the Bank can alone be attributed their misfortune, and our injury. This institution was not compelled to suspend its operations because the funds which it had reported but a few days before to the executive department as solvent, were not available to relieve its pressurebut because those funds thus reported were not solvent. The Bank had sought a loan from the several Banks of the city of Augusta of 100,000 dollars, to sustain itself. An assurance was given it by the president of the Branch State Bank, that if it would permit two disinterested and competent persons to examine its condition, and they should report it solvent,

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the loan would be immediately granted. The Bank with a distaste then, as now, for investigation, declined the proposition. Hence its utter insolvency, and not oppression on the part of others, caused its failure. From an impartial review of the facts, your committee assert, without hesitation, that the conduct of the Bank has justly forfeited not only the confidence of the legislature, but of the whole community: they therefore recommend the adoption of the following: Resolved, That the attorney general be instructed to institute judicial proceedings against the Merchants' and Planters' Bank, for the purpose of procuring a forfeiture of said charter; and that a copy of this report, together with the evidence, be furnished him. The committee also recommend the adoption of the following resolution: Resolved, by the Senate and House of Representatives of the State of Georgia, That no bills of the Merchants' and Planters' Bank shall, at any time hereafter, be received into the Treasury of the State, (except from public offices authorized by resolutions of this legislature to deposit them,) or in payment of any debt due to the State, or to any agent of the same, as such; and that no agent or officers of the State be allowed to make any deposite in the said Bank, but at his individual risk and adventure. In the House of Representatives, Agreed to, Dec. 19th, 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, Dec. 20th, 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, 21st Dec. 1833.

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HOUSE OF REPRESENTATIVES. Resolved, That his excellency the Governor be, and he is hereby requested and authorized to appoint a competent person or persons to take into possession, in behalf of the State, any and all slaves, animals, and utensils, procured or used for the improvement of the public roads, whenever his excellency may deem it expedient for the interest of the State; and that his excellency be, and he is hereby authorized and requested to demand and receive, from any superintendent of the public hands, or other person by him to be appointed to sell said hands, or any portion of them, bond with security satisfactory to his excellency in the sum of ten thousand dollars, with condition well and faithfully to discharge the duties created by the act recently passed, entitled, An act to sell the public hands, c. of this State; and to account for the property in his hands, and for the monies and effects that may accrue from the sale of such property; and on the refusal or failing of any superintendent to comply with such demand, that his excellency be requested to remove him from office. In the House of Representatives, Agreed to, December 21st, 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, Dec. 21st, 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved, Jan. 3d, 1834.

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HOUSE OF REPRESENTATIVES. Your committee have had under examination the general returns and statements of the Bank of Darien, and the Insurance Bank of Columbus, from which they are enabled to make the following report: That the Bank of Darien is in a sound and safe condition, and appears, by comparing the returnx of the 1st April and 1st October, to be carefully and judiciously managed; that its amount of bills in circulation is small, compared with the resources; and that it is capable of meeting any demand with promptness, under any probable contingency. And as it is understood by your committee that a bill is before the House of Representatives for a renewal of its charter, we recommend its passage under such modification as may enable the State of Georgia to sell out her stock therein, and withdraw her interest in said Bank, at pleasure. Your committee are also highly gratified at the condition of the Insurance Bank of Columbus. Its ample resources in specie, and funds convertible into specie, when compared with its capital and bills in circulation, are a warrant that the public has nothing to fear, while the present cautious administration is adhered to. In the House of Representatives, Agreed to, 18th Dec. 1833. THOMAS GLASCOCK, Speaker of the House of Representatives. AttestJOSEPH STURGIS, Clerk. In Senate, concurred in, 20th Dec. 1833. JACOB WOOD, President of the Senate. AttestJOHN A. CUTHBERT, Secretary. WILSON LUMPKIN, Governor. Approved,

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INDEX TO THE LAWS. A. ACADEMIES. Talonaga Academy, in Lumpkin county, incorporated, 3 Livingston, in Floyd county, incorporated, 4 Bibb county, trustees authorized to sell part of Academy Square, in Macon, 5 Blairsville, in Union county, incorporated, 7 Starkesville, in Lee county, incorporated, 8 At Americus, in Sumpter county, incorporated, 9 Warren, in Houston county, incorporated, (see Academic Fund, ) 12 Forsyth county Academy, incorporated, 15 Etowah, in Cherokee countyCobb county, in Cobb countyLivingston, in Floyd countyTelonica, in Lumpkin county, (see Talonaga, above)Murray, in Murray countyPleasant Grove, in Paulding countyBlairsville, in Union county, (see p. 7)Shady Dale, in Jasper countyTaylor's Creek Union, in Liberty countyBethesda, in Warren countyBuckeye, in Laurens countySouth Liberty, in Wilkes countyUnion, in Upson countyOakchumpna, in Upson countyPond Town, in Sumpter countyFranklin, in Putnam countyTessentee, in Lumpkin county. All incorporated, 17 to 20 Houston, Oakmulgee, additional trustees appointed, 20 Cassville, in Cass county, incorporated, 20 Marion county, laws appointing trustees, repealed, 21 And trustees appointed, 22 Paulding county, in Paulding county, incorporated, 22 Planters', in Twiggs county, incoporated, 22

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Union Hill Male and Female, in Jones county, incoporated, 23 Newton County Female Seminary, incorporated, 23 Midway Male and Female, in Baldwin county, incorporated, 23 Etowah, in Cherokee county, incoporated, (see also p. 17,) 23 Knoxville, in Crawford county, incorporated, 24 Hill, in Monroe county, incorporated, 24 Pleasant Grove, in Burke county, incoporated, and entitled to part of Academic Fund, 24 Union, in Talbot county, incorporated, 24 Cullodenville, in Monroe county, incorporated, 25 Gullitsville, in Monroe county, incorporated, 25 Jefferson, in Muscogee county, incorporated, 25 Cherokee Corner, in Oglethorpe county, incorporated, 25 Yellow River, in Newton county, incorporated, 26 Centreville, in Talbot county, incorporated, 26 Newton County Female Seminary, incorporated, and entitled to one-third of Academic Fund, for Newton county, 26 Mount Carmel, in Crawford county, to draw Academic Fund of said county, 15 Washington county, certain deeds made to, legalized, 8081 ACADEMIC FUND. Lots Nos. 10 and 100, in Ware county, to be sold for Academic purposes, 6 Lots Nos. 10 and 100, the State's half of condemned lotsall undrawn lots, and lands still belonging to the State, in Thomas, Decatur, Early, and Baker counties, to be sold for Academic purposes, 13 Sheriff of Lowndes county, authorized to give title to purchasers of Nos. 10 and 100, in said county, sold for Academic purposes, 14 Grants to said lots to issue for two dollars, 14 Trustees of Mount Carmel Academy, to draw Academic fund of Crawford county, 15 Half Academic fund due to Laurens county, payable to Buckeye Academy, 20 Pleasant Grove Academy, in Burke county, entitled to part of Academic fund, 24 Midway Male and Female Academy, in Baldwin county, entitled to part of Academic fund, 23

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Act requiring joint application of trustees of several academies in same county, to draw fund, repealed; and each academy to draw according to number of students, by order of majority of its trustees, 9 Counties in which are no academies now, to draw according to former laws now of force, 9 Trustees of Poor School Fund, in Houston county, authorized to pay to Warren Academy, one-fourth of Academic fund of said county, for two ensuing years, 12 Newton County Female Seminary, entitled to one-third of nett proceeds of Academic fund for said county, 26 APPROPRIATION, of money to compensate delegates, and officers, c. of convention in May, 1833, 27 Of money for the support of Government, for 1834, 28 ASYLUM. Inferior Court of Liberty county, authorized to establish, for the invalid poor, 32 Inferior Court of Columbia county, authorized to establish, for the invalid poor, 38 Inferior Court of Bibb county, authorized to establih, for the invalid poor, 34 ATTACHMENT. Plaintiffs in attachment, their agents or attornies at law, or in fact, to give bond at least equal to double the amount sworn to be due, 36 B. BANKS. President and Directors of the Central Bank, ordered to sell all forfeited lands, and all lands intended to be drawn, but not drawn, at public outcry, 37 The sales to be at Hawkinsville, Macon, Columbus, Newnan, Campbellton, and La Grange, within sheriff's hours of sale, 37 Sixty days' notice to be given in one of the papers in the circuit where land lies, and in those at Milledgeville, 37 No sale to be advertised before the first day of March, 1834, 38 The purchaser or holder of the certificate allowed to stop the sale, by coming forward before the day of sale and paying up the principal and interest, 37-8

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Grants to issue to holders of certificates, in the usual way, 38 Governor authorized to publish reports of banks and banking companies, in as many gazettes as he may deem necessary for general circulation, 38 Receiver of the assets of the Bank of Macon, may bring any suit he may deem necessary, to recover debts due the bank, 39 May hold to bail, attach, c. without security, 39 Exclusive right to bridge across Savannah river, at Augusta, given for ten years, to the Bank of the State of Georgia, 40 BRIDGES. Exclusive right to bridge across Savannah river, at Augusta, extended to Bank of the State of Georgia, for ten years. 41 Bridge across Beaver Dam, at Jacksonboro', in Scriven county, to be rented by inferior court, 41 Duty of the court and rates of toll, 42 Persons residing in Scriven, not to pay toll, 42 C. CANALS. See Rail Roads and Canals. CENSUS. Of the counties composing the Cherokee Circuit, to be taken, 43 Duty of the Governor, and compensation of the person taking the census, 43 CHURCHES AND CAMP-GROUNDS. Baptist Church at Providence, Habersham county, incorporated, 44 Baptist Church at Blue Creek, in Habersham, incorporated, 44 Sparta Baptist Church, in Hancock, incorporated, 45 Pleasant Grove Camp-Ground, in Tatnall, incorporated, 44 Methodist Episcopal Camp-Ground, in Elbert, incorporated, 44 Rock Spring Camp-Ground, in Putnam, incorporated, 45

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Methodist Camp-Ground, near Monroe, Walton county, incorporated, 45 Pond Town Camp-Ground, in Sumpter, incorporated, 45 Mount Zion Camp-Ground, in Lowndes, incorporated, 45 Land on which Churches of different denominations are situated, not exceeding five acres, and and burying grounds attached thereto, exempted from taxation, 47 CIRCUIT. Coweta Circuit formed, and times of holding court therein, 76-7 Chattahoochee Circuittimes of holding courts therein, 77 CONSTITUTION. 9th sec. 3d Art. amended, 47 Divorces final and conclusive, when obtained by concurrent verdicts of two special juries, 48 3d, 7th and 12th secs. of 1st art.; and 1st and 3d secs. of 3d art. amended, 48 Senators and Representatives elected bi-ennially, and sessions of legislature bi-ennial, after 1835, 49 Judges of the superior court, attorney general and solicitors, after 1837, to hold their office for four years, 49 Judges and solicitors now in office, or elected previous to session of 1837, to hold office till session of 1837, and election and qualification of successors, 49 COUNTIES. Appling Inferior court authorized to transcribe record of superior court of, 69 Justices in, compensated for election returns, 91 Baker time of holding courts in, 77 Sheriff to sell lots, Nos. 10 and 100, 13 Added to Chattahoochee Circuit, 76 Justices of Peace in, compensation for consolidating election returns, 89 Baldwin time of holding superior and inferior courts altered, 71 Bibb part of Twiggs added to it, 51 Early added to Chattahoochee Circuit, 77 Sheriff to sell lots 10 and 100, 13 Decatur sheriff to sell lots 10 and 100, 13 Thomas sheriff to sell lots 10 and 100, 13

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Washington Inferior court authorized to levy extra tax, to build court house, 50 Twiggs part of, added to Bibb, 51 Randolph act adding a lot in, to Stewart, repealed, 52 Murray divided, 52 And reorganized, 53 Walker (in honour of Freeman Walker) organized, 53 Paulding county site to be permanent, at such place as a majority of voters may select, Inferior court of Paulding authorized to sell town lots, 54 Ware sheriff to sell lots 10 and 100, 6 Lowndes sheriff to give titles for Nos. 10 and 100, sold by him, 14 Stewart times of holding inferior court altered, 68 Chatham county to keep in repair all roads and bridges across Ogeechee canal, 103 See Courts Academiesand Academic Fund Land County Treasurer to pay over jail fees in certain cases, 66 Time of holding courts in various counties. See Courts. Acts, of John P. Lucas, as clerk of the superior and inferior courts, legalized, 73 COURTS. Judge of the Court of Oyer and Terminer in Savannah, authorized to draw juries for summary trials in certain cases, 56 Court of Common Pleas established in Macon, 57 Judge of said court, how elected and commissionedhis term of office and oathhis salary, how raised, and duty of clerk of said court in paying the same over, 57 Times of its sessionits jurisdiction over civil causes ex contractu and ex delicto limitedsaid causes to be tried by jurytrial finalbut the Judge may grant a new trialjuror's oathwho shall serve as jurors in said courtand how drawnpenalty for misconduct of jurorsfailure of court to meet, not to discontinue causeswitnesses and jurors free from arrestjudge of said court has concurrent jurisdiction with Inferior Court, in what cases. 58

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mode of pleading, and manner of defence in said court, c. 59 any person liable on any written or unwritten joint contract, residing within the jurisdiction, may be sued, and judgment go against him, 5960 bail, how taken in said courtduty of clerk in issuing subp[oelig]nas, and liability of witnesses under subp[oelig]na, 60 interrogatories, how taken when witness resides beyond the jurisdiction of said court, 6061 executions, how issued, signed and leviedillegality to proceed as in Superior Courtclaims to proceed as in Superior Courtsales to be on the third Tuesday in each month, between 10 and 3 o'clocksheriff to advertise sales ten days in a gazette, and at the court and market-house, c.attachments in said court to issue by the Judge or any member of the city council, in what cases and how, 61 how levied, advertised, c. 62 proceedings, when the Judge is a partyrent cases tried the first termclerk and sheriff how electedclerk how qualifiedclerk justice of peace, how farhis dutysheriff's and deputy sheriff's qualification and dutyclerk's and sheriff's fees, 63 clerk and sheriff liable to suit in said courtmode of proceeding against themattorney's tax fees, and their liabilitiesstay of execution in said court, 64 jurisdiction of said court not to extend to persons living out of the corporate limits of Macon, 65 Time of holding the Inferior Court of Sumpter altered, 65 Duty of Inferior Court where prisoners are sent from one county to jail of another, 66 Mayor's Court of Columbusact organizing it alteredregular term of said court to be held on 1st Mondays in January, March, May, July, September and Novembercases not to be tried the first term, unless for renthow juries to be made up, and drawn for said courtcourt authorized, in certain cases, to summon talesmen, and to fine jurors, 67 to issue attachments, and summons of garnishments, as in Superior Courts, 678

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in the absence of the Judge, one of the town commissioners to preside, 68 Time of holding the Inferior Court of Stewart county, altered, 68 Inferior Court of Appling authorized to transcribe the records of the Superior Court, 69 Sessions of the Inferior Court of Bibb countyof Superior and Inferior Courts Houston county, and of Inferior Courts of Richmond county, altered, 70 Times of holding Superior and Inferior Courts of Baldwin, altered, 71 Court house of Wayneact to remove it to the centre of the county, amended, 712 Clerks of Superior and Inferior Court of Montgomery, authorized to keep their offices in any part of said county, 73 Inferior Court of Houstontime of holding altered, 74 Time of holding Superior and Inferior Courts in Cherokee circuitto wit, in the counties of Gilmer, Lumpkin, Forsyth, Union, Cass, Murray, Walker, Floyd and Cherokee, 75 Times of holding courts in Coweta circuitto wit, in Meriwether, Troup, Heard, Coweta, Fayette, De Kalb, Campbell, Cobb, Paulding and Carroll, 7677 Times of holding Superior Court in Chattahooche circuitto wit, in Stewart, Randolph, Early, Baker, Lee, Sumpter, Marion, Talbot, Muscogee and Harris, fixed, 77 Times of holding Superior courts in Thomas and Decatur, altered, 77 Acts of John P. Lucas as clerk of Superior and Inferior courts of Walton, legalized, 73 D DAMS. Dam and lock across Oconee, near Milledgeville, to be removed, how and by whom, 78 DEEDS. Certain deeds to Washington county Academy, and other deeds, declared valid, 80 , 81 DIVORCES. Green Fuller and Susannah, divorced; Isaac Melton and Rachel Melton, Nancy Williamson and Peter G. Williamson, Mary Young and Elijah R. Young, Perry Ozier and Elizabeth Ozier, Cloud Barton and Hester Ann Barton, Jane M`Curdy and Robert J.M.`Curdyall divorced, 83

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Rebecca Davis and Bazzil M. Davis, John Reynolds and Elizabeth Reynolds, Jacob Davis and Mary Davis, Zachariah T. Knight and Russena Knight, Elisha Hendrick and Alvina Hendrick, Samuel Pasmore and Zilpha Pasmore, James Davis and Elizabeth Davisall divorced, 83 Sally Shivers and Obadiah Shivers, divorced, 85 George Eason and Penelope Eason, Joseph Dixon and Sarah Dixon, Mary Thornton and Elijah Thornton, James Crosby and Ann Crosby, Charles Muggeridge and Mary K. Muggeridge, Elizabeth Patton and John W. Patton, Catharine Taylor and William Taylor, Polity Wasden and Bryant Wasdenall divorced, 86 Martha C. Johnston and Patrick C. Johnston, divorced, 87 Abraham Walker and Amarintha Louisa Walker, divorced, 88 E ELECTIONS, and Election Precincts. Citizens of this State authorized to vote at certain elections, out of the county in which they reside, 95 Justices of peace, who consolidate election returns in Coweta, Warren, Putnam, Forsyth, Bibb, Jefferson, Lumpkin, Dooly, Houston, Thomas, Richmond, Marion, Lowndes, Monroe, Columbia, Baker, Henry, Hancock, Wilkes, Randolph and Jonescompensated, 89 Election Precinct to be held in the 335th District in Wayne, and act authorizing it to be held at Capt. Charles M'Quinney's repealed, 90 Justices in Bryan, who carry up election returns, not to receive more than $1 50 cts. for that service, 91 Persons carrying up election returns for Appling and Columbia, compensated, 92 Election Precincts in Montgomery established, and former act repealed, 92 Justices carrying up returns for said county, compensated, 93

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Election Precincts for Troup county fixed at store of J. H. Goss Co. 93 Acts creating election districts in Greene, repealed, 94 Election Districts created in the county of Cherokee, and rules for their regulation, 95-6 Election Also, in the county of Bibb, 96 Election Also, in the county of Stuart, in the county of Crawford, in the county of Hancock, in the county of Talbot, in the county of Jones, in the county of Pike, in the county of Carrol, in the county of Decatur, 97 Election Precincts established in the county of Morgan, 97 Election Also in the county of Upson, in the county of Irwin, in the county of Crawford, in the county of De Kalb, 98 Precinct in Newton removed from Samuel Scott's to Early Greathouse's, 98 Precinct in Telfair removed from John W. Lea's to James Ryal's, 98 Precinct in Hall removed from Patrick J. Murry's to Jacob Hollingsworth's, 98 Precinct in Talbot removed from Robert Duncan's to George Pierce's, 98 Precinct in Campbell removed from Ingraham Bass's house to place of holding justices' court in Captain Knight's districtand additional precinct established at Hugh W. Brewster's, 98 Precinct established at Matthew Whitfield's, in 363d District in Jasper, 98 Precincts in Randolph established at the several places of holding justices' courtsand when the courts move, the precincts to go with them, 98 Precincts in Wilkes, held at the muster ground of the 39th battalion G. M., removed to Danburg, 98 And name of precincts, known as Scotts Deuberry's store, changed to that of Raytown, 98-9 F FACTORIES, (See Incorporations. ) FEES. On grants for land lots in Cherokee country, reduced to $10, 99 On grants for gold lots, $5, 99

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FERRIES. Jacob Putnam authorized to establish a ferry on lot No. 181, 4th district, 4th section, Floyd countyacross Etowa river, 100 John Brewster authorized to establish a ferry across Etowa, on lot No. 181, 21st district, 2d section, Cherokee, 100 Joseph Donaldson authorized to establish a ferry across Etowa, on lot No. 167, 14th district, 2d section, 101 John Thomason authorized to establish a ferry across the Oostanala river, in Floyd county, 102 G Grants for Cherokee lands, fees on, reduced, 99 I INCORPORATIONS. Savannah, Ogeechee and Alatamaha Canal Company shall build safe bridges across water courses intersected by the canal, within the county of Chatham, 103 Cotton and Woollen Manufactory of Upson incorporated, and regulated, 104-5 Franklin Factory in Upson incorporated, 106 Camak Manufacturing Company incoporated, 107 Incorporation of Macon, amended, 109 City council to consist of mayor and seven memberstheir powers and privileges definedduty of the mayor, in case of tumult or riot, 109 Penalty for disobeying his call, 109-10 Powers of mayor or member of council as a justice of peacetheir power in removing obstacles, nuisances, c. in the streets and lanestheir power in having lots filled up and cellars drained, 110 Penalty on persons for not obeying the orders of council, in levelling or filling up lots, or draining cellars, 111 Mayor, council and commissioners, to have entire control of forges and smith shops, so far as relates to safety from fire, 111 Jerry Cowles, Charles J. M'Donald, Frederick Sims, Levi Eckley, George Jewett, Simri Rose, and Ambrose Baber, appointed commissioners to aid in carrying into effect certain provisions in said incorporation, 111

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No person allowed to open, lay out, extend or establish any street, lane, alley, or open court, in said city, under penalty of forty dollars for every week the same may remain open, 111 Mayor and council authorized to pass ordinances to protect the bridge and ferry across the river, 112 Mayor and city council may borrow money, not exceeding two hundred thousand dollars, and pledge the town property and common for its redemption, 112 Mayor and council authorized to erect a new market house, 112 Have power of butcher's pens, 112 To control moving and anchoring of boats, and to tax boats, 113 Former corporate rights confirmed, 113 No house to be removed as a nuisance, till so declared by the superior court, 113 See Mechanic Society, Rail Roads and Canals, Academies, Towns. INDIANS. White man, head of Indian family, has only the Indian use and occupation of property claimed under Indian rightsrights of property remaining in the Indian Family, 114 White man with Indian family, desirous of retaining rights as head thereof, must notify clerk of superior court before the 1st March, 1834,notification to be recorded, 114 Indians, descendants of Indians, and white men claiming Indian privileges, prohibited from employing certain persons, 114 Indian, descendant of Indian, or white man claiming Indian privileges, having more wives than one, who reside on separate farms, the wife or wives entitled to the farm, slaves, c. 115 Indians, or those enjoying Indian privileges, who enrol and refuse to emigrateforfeit future right of occupancy. ( See [Illegible Text]. ) 115

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No Indian, or person claiming Indian privileges, shall set up any claim or demand against Indian, after he has enrolled for emigration, 115 No contract between white man and Indian binding, unless attested by two witnessesright of Indian occupancy limited. ( See 8 th sec. ) 116 Penalty on Indian, c. for obstructing peaceable possession of a draweragent authorized to place the drawer upon improvements valued and paid for, c. 116 Governor authorized to issue grants for designated lots, 116 In what cases grants may issue for lots contiguous to Indian improvements, c. 116 Agent to be appointed to examine and report lots having Indian improvements, c. 116 Duty of the agent, and his liability, 117 Persons preventing Indian emigration, how punished, 117 Indian Agents, their payment provided for, 119 J JURORS, in Lumpkin county, compensated, 120 See Penal Code. L LAND. Lots No. 10 and 100, in Ware, to be sold, 6 Lots 10 and 100, in Lowndes, to be sold, 14 Lots 10 and 100, and State's half of condemned lots, and all other public lands, in Baker, Decatur, and Early, to be sold for academic purposes, 13 Land on which churches are situate, exempt from taxation, 47 Land in Lumpkin, Paulding, Cobb, Gilmer, Union, Cass, Murray, Cherokee, Floyd, Forsyth, and such other counties as may be made parts thereof, not to be levied on by sheriffs or constables, till grant, or certificate of grant, is exhibited, 121 And not to be sold without grant or certificate, though already levied on, 122 Sheriffs, or other ministerial officers, making sales of land in said counties without grant or certificate, to refund the money to the purchaser, 122 Sales of land or mortgage in said counties, without grant or certificate, void, 122

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Purchasers of the State's interest in condemned lots, placed on the same footing with purchasers of fractions, 123 Governor to issue grants to the holders of certificates for the State's right in lots No. 392 and 152, in Newton, when the holders of the certificates pay up the principal, at the Central Bank, 124 and four dollars for the grant, 125 LICENSE. To retail liquors, may be granted or refused, by inferior court of Liberty county, 125 LOTTERIES. See Penal Code. Fractions in the late Cherokee territory disposed of by lottery, 126 Act to abolish all lotteries, and prevent the sale of lottery tickets, c. 128 LOTS. (See Academic Fund, Land. ) LUCAS, JOHN P. His acts as clerk of the superior and inferior court of Walton, legalized, 73 M MECHANIC SOCIETY, Of Macon, incorporated, 129 MEDICAL COLLEGE OF GEORGIA. (See Medical Institute)outfit given, and name changed to Medical College of Georgia. 130-1 MILITARY. Colonels of regiments, and majors of battalions, authorized to appoint captains in certain cases, 132 Persons heretofore nominated to the command, who have served, or may hereafter serve twelve months, exonerated from further nominations, 132 Commanding officers to muster their companies, four times per annum, 132 Muster ground, as near the centre of the district as may be, to be selected by the company, 132 Company courts of inquiry, how held, 133 Stay of execution against defaulters, how made, 133 Provost marshal, how appointed, and penalty for non-performance of his duty, 133 Southern Spies, in Talboton, incorporated, 134 Eleventh and Twefth Divisions of Georgia Militia, created, 135

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Paulding, Cobb, and De Kalb, form the first brigade of eleventh division; Newton and Walton, the second brigade of said division, 135 Cass, Cherokee, and Gilmer, form the first, and Floyd and Murray, the second brigade of the twelfth division, 135 Lumpkin, Union, and Forsyth, constitute the second brigade of the seventh division, and Coweta, Campbell, and Carroll, the second brigade of the ninth division, 135 Justices of the inferior court of Lowndes county, to lay off the same into militia districts, 136 Inferior court of Fayette, arthorized to grant a lot of land in Fayetteville, to the commander of the fifty-third regiment, 136 Washington Guards, exempt from all musters, reviews, and inspections, except those ordered by the commander-in-chief, 137 also, from all duty in time of peace, after a certain term of service, 137 Lincoln Volunteer Cavalry, incorporated, 138 Fayette Blues, incorporated, 139 Habersham Mountaineers, incorporated, 140 All field and commanding officers of companies in Harris, to sit on regimental and battalion courts of inquiry, 141 P PATROL. Fees of Justices of peace, in Liberty county, for patrol commissioners, c. 142 Captain of patrol bound to return defaulters under oath, 142 PENAL CODE. Former Code repealed, and this to go into effect after the first day of June, 1834, 143 A. B. C. table, Sections 10 and 11 185 Accessory, before or after the fact, 2 146 before the fact, defined, 2 ib . after the fact, defined, 4 ib . before the fact, how punished, 5 ib . after the fact, how punished, 6 ib . Acts of Legislature, former penal, repealed, 3 21516 Adultery and fornication, 5 184

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Affray, definition and punishment, Sect. 18 180 Aiding escape, (see Escape, ) 23 175 Animals, all domestic fit for food, subjects of larceny, 14 158 Apothecary, selling without license, 18 186 Arson, definition, 2 155 in city, town, or village, 3 155 elsewhere than in city, c. 4 155 setting fire with intent to commit elsewhere than in city, c. 5 155 of an out-house, c., not in city, c., 6 155 its punishment, 7 156 offence of burning, when complete, 8 156 of setting fire, when complete, 9 156 in the day time, not in city, c., 10 156 which produces death, 11 156 Arraignment, prisoner, when arraigned, not to be tied, c., 14 206 indictment to be read to prisoner on arraignment, 9 205 to be entered on the indictment, 13 206 and recorded by the clerk, 12 206 Assault, definition, 41 153 bare assault, punishment, 42 153 what may justify, 51 213 with intent to murder, 43 153 with intent to rob, defined, 44 153 its punishment, 45 153 with intent to spoil clothes, c., 46 153 under colour of office, 17 174 with intent to commit rape, 35 152 no person to be convicted of an assault, who perpetrates the crime, 44 212 Attempt to rescue, 21 174 to commit various other crimes, how punished, (see 1 st, 2 d, 3 d, 4 th, and 5 th items of 3 d Section, ) 215 Attorney and Solicitors General, their duty in prosecuting generally, 5 205 Baker, brewer, c., selling unwholesome drink, 15 186 Bank officers, violating charter, 37 164 deemed always to know the affairs of the corporation, and liable thereforhow to escape liability, 38 164-5 indictable for bank insolvency, or refusal, or failure to redeem bills, with proviso, Sect. 39 165

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all conveyances, assignments, transfers of stock, c., in contemplation of, or after insolvency, except for benefit of all concerned, void, and criminal, 41 165-6 indictable for any dividends except of nett profit of corporation business, 42 166 indictable for applying their own stock to buy shares, 43 166 thirty-ninth section, sixth division, not applicable to banks heretofore insolvent, with an exception, 44 166 Bar-dock, who to be put into for arraignment, 6 205 prisoner not to be placed in, when, 14 206 Barretry, definition, punishment, 34 and 35 177 Bastard child, putative father to give bond to supportrefusal, how punished, 26 189 Battery, definition and punishment, 47 174 Beacons and buoys, 3 194 Benefit of clergy, abolished, 209 Bestiality, definition, 38 152 punishment, 39 153 attempt to commit, 40 153 Betting, (see Gaming, ) 185 Bigamy, definition, 1 183 of married persons, with married, how punished, 2 183 of unmarried with married, 3 184 Biting and biting off, nose, ear, lip, c., declared mayhem, 24 151 biting, how punished, 28 151 biting off, how punished, 29 151 any member, not designated, 32 152 Bluff and brag, 11 185 Bribery, definition, 10 172 various kinds, punishment of persons bribing and bribed, 11 172-3 Burglary, may be committed in day or night, 12 156 in the day, how punished, 13 156 in the night, how punished, 14 156 Buying or selling a vote, 30 190 Butcher or other person, selling diseased meat, or other unwholesome provisions, 16 186

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Castration, punished with death, Sect. 30 152 injury to the privates, less than castration; how punished, 31 152 Cattle Stealing, definition, 9 158 indictment for, what to state, 10 158 punishment, 11 158 Challenge, punishment for sending and accepting, 4 180 carrying the same, knowing it to be such, verbal, printed or written, 5 180 of jurors, 15 206 Cheating and Swindling, by obtaining credit by false representations; punishment, 1 191 by fraud, shift, circumvention, deceit, c. at cards, gaming, betting on sides, c. how punished, 2 191 by selling bread, c. under the assize, 3 191 by false weights or measures, 4 191 by fraudulently counterfeiting any brand, mark, c. required by law, 6 191-2 by putting dirt, rubbish, c. in cotton bags, hogsheads, barrels, c. of provisions and the like, 7 192 by falsely personating another, and obtaining goods, moneys, c. thereby, 8 192 by falsely personating in any judicial matter, or procedure, or in any other way, to the injury of another, 10 193 by obtaining bail, endorsements, security, c. upon false representations, 11 193 Clergy, benefit of, abolished, 209 Clerk to inform keeper of convictions, 28 209 to pay over fines to county treasurer, 24 208 to record arraignment at any time, 12 206 Compounding Felony, 31 176-7 any other offence, 32 177 Commutation of punishment, when allowed, 36 210 Concealing, (see harbouring and concealing, pp. 176, 200,) woman concealing death of child, 21, 22 150

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Confessing judgment, c. Any person except the attorney of record, acknowledging, or procuring to be acknowledged, any judgment, c. how punished, Sect. 15 173-4 Constable or Coroner refusing to receive prisoner, 26 175 permitting escape, 25 175 Conspiracy, definition and punishment, 38 177 Contempt, power of the court in punishing, 1 214 Convicts, how to be conveyed to Penitentiary, 27 208 insanity of, after trial, sentence how delayed, 37 210-11 female pregnant, sentence how delayed, 38 211 Costs, 4 204 Counts, form of, in indictments, 1 203-4 Counterfeiting, (see forgery and counterfeiting,) Counterfeiting any brand or mark required by law, 6 191 Coward, publishing one a coward, how punished, 8 181 Court, how to exercise the discretion given by this code, 26 208 also, 21 203 to make special annual reports to the governor, of defects and omissions in this code, 32 209 to give in charge to grand jury at opening of each term, the gambling acts, 13 185 duty of judge of superior court, in suspending, and ordering sentence, in cases of insane convicts, and pregnant females, condemned to death, 37, 38 210-11 duty where sentence has not been executed at the appointed time, 39 211 to give in charge to grand jury, law against trading with slaves, 16 202 Crime or misdemeanor, defined, 1 143 intention, how manifested, 2 143 idiot, lunatic, insane person, or infant under years of discretion, incapable of crime, Sect. 3 143

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infant under ten, considered incapable of crime, 4 143 lunatic, without lucid intervals, incapable of crime, but liable for crime at lucid intervals, 5 144 idiot incapable of crime, 6 144 any person counselling, encouraging or advising, infant under ten years, idiot or lunatic, to commit crime, how punished, 7 144 Feme covert, acting under threats, c. of her husband, not liable for crimes not punishable by death or penitentiary confinementher husband how to be punished for the coercion, c. 8 144 drunkenness no excuse for crime, unless occasioned by fraud, artifice, c. and then the person producing it, liable for the drunkard's crime, 9 144 offences done by misfortune or accident, declared not criminal, 10 144 slave committing crimes, not capital, by coercion, not liable, but the person having authority over him, and exercising the coercion, to be punished, and how, 11 144 5 other persons committing crimes under threats, which induce the fear of deathnot punishable, the person threatening liable and how, 12 145 Felony, in this code, means any crime punishable with death, or penitentiary imprisonment, 13 145 Dead bodies, removing them from the grave, without consent of friends, for dissection, (except malefactors)how punished, 25 189 Degree, principal in first degree, 1 145 second degree, 5 146 Treason in first and second degree, 1 146 first degree, definition and punishment, 2 146-7

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second degree, definition and punishment, Sect. 3 147 Demand of trial, how made, and to be placed on the minutes, 18 207 Demurrer to indictment to be in writing, 11 206 Destroying deeds, leases, wills, c. 1 193-4 beacons and bouys, 3 194 bridges, river or meadow bank, dams, c. 7 195 turnpike-gates, posts, rails, c. 9 195 ship, boat or vessel, over the value of $200, 10 195 trees for shade, ornament or profit, 11 196 mile stones, mile posts, and guide boards, 12 196 Detainer, forcibledefinition, 13 181-2 punishment, 14 182 when peaceable possession bars, 14 182 restitution part of sentence, 14 182 remedy in case of detainer of land or tenements, how pursued, 15 182 Discretion, court in exercising it to pay regard to the recommendation of the jury, 26 208 of court in commuting punishment, 36 210 discretion of court, when not limited in this code, where imprisonment in common jail is part of sentence, not to go beyond six months imprisonment, 21 203 Disfiguring the privates, 31 152 Disfranchisement, penitentiary convicts disfranchised, 49 213 Disturbing the peace, 1 179 Documents, offences relative to, 12-14 173 Drunkenness, no excuse for crime, unless induced by others by fraud, c. 9 144 Duelling, its punishmentif death ensue, declared murder and made capital, 6 180 public officer, having knowledge of intended duel and not preventing it, dismissed from office, 7 180-1 Duress, by jailor, 13 173 Ear, cutting, biting, or injuring, 24 151 cutting or biting off, 29 151

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Election, voting more than once at the same, Sect. 29 190 unlawfully voting at election, 30 190 Embracery, definitionpunishment of the embracer, and the person he corrupts, 36 177 Entering house, c. with intent to steal, 28 161 Entering and stealing from any tent, hut, c. 32 162 Entry, forcible, 12 181 how punished, 14 182 remedy for, 15 182 E. O. table, 10 and 11 185 Escape, aiding from jail, of prisoner lawfull [Illegible Text] 22 175 from custody of officer lawfully in charge, 23 175 of convict from penitentiary, 24 175 penitentiary officer permitting, 25 175 convicts escaping from penitentiary to be tried in Baldwin county, 29 209 Evidence, person who has betted with another, compelled to give evidence, 13 185 his confessions not to be given in evidence against him, 13 185 opporbrious words and abusive language may be given in evidence in justification of assault, or assault and battery, 51 213 in cases of felony to be recorded, if there be a conviction, 23 214 plea of guilty not to be given in evidence against prisoner, who may afterwards plead not guilty, 9 205 in trials for escape from the penitentiary, record of former trial to be produced, and filed of record in Baldwin Superior court, 29 209 circumstantial, judge has power of commuting capital punishment for convictions on circumstantial evidence, 36 210 concealment of death of child not conclusive evidence against the mother, 21 150 Exceptions to the form of the indictment must be made before trial, 2 204 Exciting insurrection of slaves, 4 and 5 147 Execution of sentence of death shall be by hanging, 32 209

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to be delayed and re-ordered, when and how, Sect. 37 210 and 38 211 when it has not been done according to judgment, how and under what formalities sheriff is to do execution, 39 211 judge to specify time and place of execution, which time is not to be less than 20 nor more than 60 days from time of sentence, except case of pregnant female, 40 212 Extortion of money, goods, c. by any writing, c. containing threats, c. 38 178 by public officerdefined, 39 178 of fees, not due, or more than due, 40 178 Eye, offences relative to, 24, 26 and 27 151 Factor, commission merchant, c. converting, goods, c., to their own use, how punished, unless they pay for them, 34 163 Failure of bank to redeem bills, c. made penal, 39 165 False swearing, definition, 2d sec. punishment, 3 171 False imprisonment, definition, 48th sec. punishment, 49 154 Falsification of record, c. how punished, 12 173 False personification of another, and obtaining money, goods, c. therebypunishment, 8 192 Falsely personating another in answering interrogatories, or doing any act in course of a suit, c., 10 193 False representation of one's credit, and obtaining security, c. thereby, 11 ib Faro table, c., 10 and 11 185 Felony, its meaning, 13 145 Feme covert, acting under command of husband, c., 8 144 Female pregnant, execution to be suspended, c., 38 211 Fence, setting fire to, 6 194 Fines, inflicted by court, when to be paid, 25 208 in cases of fines, indictment barred in two years, 35 210 Fixtures, may be subjects of larceny, 18 159 Forcible entry, defined, 12 131

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Forcible detainer, defined, Sect. 13 181-2 entry and detainer, or either, punishment, 14 182 remedy for forcible entry and detainer, 15 ib . Fornication, 5 184 Free persons of colour, punishment for teaching them to read and write, or procuring them, c. to transact business in writing, 18 202 not to be employed in setting types, or other labour requiring a knowledge of reading or writing, 19 203 Forestalling, regrating, and engrossing, abolished, 191 Game of faro, loo, brag, or bluff, c., 11 185 Gambling house, 9 ib . Gaming, officer authorized to break open room, where he suspects, 14 ib . Harbouring and concealing any person guilty of capital or penitentiary punishment, 30 176 slave, 9 200 Hog stealing, definition, 12 158 punishment, 13 ib . Homicide, definition and division, 1 147 murder, defined, 2 148 malice express, what, 3 ib . implied, what, 4 ib . punishment of murder, 5 ib . manslaughter, defined, 6 ib . voluntary manslaughter, 7 ib . punishment, 8 ib . involuntary manslaughter, 9 ib . in the commission of an unlawful act, 10 149 in the commission of a lawful act, c., 11 ib . distinction between justifiable and excusable homicide, abolished, and justifiable homicide defined, c. 12 ib . what necessary to justify, sections, 13, 14, 15, 16, 17, 18, and 19, 149-50 counselling a woman to kill child she goes with, declared murder, c. 20 150 concealing death of child, not conclusive evidence that the mother murdered it, 21 ib . concealment of death of child, how construed against the mother, 22 ib .

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Idiot, Sect. 3 143 Do. 6 144 Ill governed and disorderly houses, 8 184 Imprisonment, (see False Imprisonment, ) Incest, 4 ib . Indecency, public, 6 ib . Indictment, for cattle stealing shall sufficiently describe the animal, c. 10 158 allegation in indictment, for introducing slaves, c., 2 198 when sufficiently technicalits form in generaland form of second and other counts, 1 203-4 exceptions to its form, must be made before trial, 2 204 prosecutor's name must appear on the indictment, 3 ib . every prisoner charged with capital or penitentiary offence, to be furnished with a copy of indictment and list of witnesses, before arraignment, 7 205 every person charged with an offence, may demand a copy of indictment, and list of witnesses, 8 ib . to be read to prisoner on his arraignment, 9 ib . demurrer or plea to indictment must be in writing, 11 206 Limitation of indictment, indictments for murder may be found and prosecuted at any time after the death, c.in all cases (except murder,) when the punishment is death, or perpetual imprisonment, indictments must be filed and found in seven years, and not afterin all other felonies, within four years after the crimein all cases of fine or imprisonment, indictments must be filed and found within two years after the crime Provided, if the offender abscond, conceal, or absent himself from the State, the time of absence shall not be computed in the limitationthese limitations applicable to crimes already committed, c., 35 210

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Infant, under ten years, incapable of crime, Sect. 4 143 Injuring the privates, 31 152 Insane person, not capable of crime, 5 144 Insanity, of convict sentenced to death, good cause for suspending sentence, 37 210 Cause for postponement of trial, 43 212 Oath required of jury on issue of insanity, 52 213 Insolvency of chartered bank, how punished, 39th sec. (See also 40th sec. ib.) 165 Insurrection, exciting or attempting to excite, among slaves, 4 147 Bringing, introducing, or circulating, or causing, c. any paper or pamphlet, c. with intent to cause insurrection, 5 147 Intention, necessary ingredient of crime, 1 143 How manifested, 2 143 Jailor, duress by, how punished, 1 173 Judge, to give in charge the gambling acts, 13 185 His duty in the confinement of convicts, 30 209 May commute the punishment in certain cases, 36 210 His duty in suspending sentence of insane persons condemned to death, 37 ib . His duty in suspending execution of pregnant females condemned to death, 38 211 His duty in cases where sentence has not been executed pursuant to judgment, 39 ib . His duty in passing sentence of death, 4 212 Judgment, obtained by perjury, void, under certain modifications, 8 172 Confessing or acknowledging, or procuring confession or acknowledgment of judgment, by any but the attorney of record, how punished, 15 173 To be pronounced upon persons pleading guilty, 9 205 Jurisdiction, where offence committed on boundary of two counties, 41 212 Where person is wounded or poisoned in one county, and dies in another, 42 ib . Jury, grandoath of witnesses sent before grand jury, 22 208

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Jury, petitmay find prisoner not guilty of the offence charged, but guilty of attempt to commit, c. Sect. 45 212 Oath of, on trial of issue of insanity, 52 213 Oath of in criminal trials, 20 207 Judges of law and fact, and form of their verdict, 16 207 Justification opprobrious words or abusive language of prosecutor, may be pleaded in justification of assault, or assault and battery, 51 213 Justifiable homicide. See Homicide. Keeper of jail or penitentiary permitting prisoner to escape, how punished, 25 175 Refusing to receive prisoner into his charge, how punished, 26 ib . Keeper of the penitentiary, or other officer there, refusing to receive convicts, 27 176 Kidnapping a free white person, or free person of colour, 51 154 Any free white child under twelve years old, 52 154 Lands, setting fire to, how punished, 5 194 Land marks cutting, felling, altering, or removing, how punished, 2 ib . Larceny divided into four parts, 4 157 1st. Simple Larceny, defined, 5 ib . Horse stealing defined, 6 ib . offence how charged, c. 7 ib . punishment, 8 ib . Cattle stealing defined, 9 158 how the indictment shall describe the animal, 10 ib . punishment for larceny of animals of particular value, 11 ib . Hog stealing, 12 ib . All other domestic animals fit for food, subjects of simple larcenypunishment for stealing them, 14 ib . Larceny of title papers, 16 159 Larceny of evidences of debt, 17 ib . Larceny of things that savor of the realty, or fixtures, 18 ib . plundering a wreck, 19 ib . stealing a slave, 20 ib . enticing away or inveigling a slave is simple larceny, 21 ib .

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Larceny of things not enumerated, how punished, Sect. 22 160 2d. Larceny from the person, defined, 23 ib . how punished, 24 ib . Any secret, sudden, or wrongful taking, falls within this class, 25 ib . 3d. Larceny from the house, defined, 26 161 punishment, 27 ib . Entering with intent to steal, but preventedpunishment, 28 ib . Breaking with intent to steal, but preventedpunishment, 29 ib . Breaking and entering any house (other than a dwelling house, c.) with intent, c. but preventedbreaking, entering and stealing therefromand intimidating or alarming any person thereinhow punished in each case, 30 162 This class of larceny may be committed in any public building, church, c. 31 ib . Entering and stealing from a hut, tent, booth, c. how punished, 32 ib . 4th. Larceny after trust or confidence reposed. Public officers, servants or agents, embezzling money, bullion, evidences of debt, or any writing of valuehow punished, 33 ib . Any factor, commission merchant, wharehouse keeper, wharfinger, wagoner, stage driver, or other common carrier, violating their trusthow punished, 34 163 Any clerk, agent or servant, violating his trust, how punished, 35 ib Any person entrusted with papers, or other things of value, to be applied to the use of the owner, and violating his trusthow punished, 36 164 Lewdness open, punishment, 6 184 Lewd house, keeping, punishment, 7 ib . Libel, definition and punishment, 9 181 printer or publisher of the libel a good witnessrefusing to give up the author's name, may be indicted himself, 10 ib .

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truth may be given in evidence in libel, 11 181 License, practicing medicine or surgery without license from the board of physicians indictable, ( Proviso. ) 17 186 apothecary, not a licensed physician, selling or exposing to sale drugs or medicines, without license, how punished, ( Proviso. ) 18 ib . on trial under either of the foregoing sections, defendant can only exempt himself by showing that he has been licensed by the board of physicians, 19 187 any minister of the gospel, judge, justice of the Inferior court, or justice of the peace, marrying without license, or publication of banns, how liable, 28 190 Limb, cutting, biting, or disabling any limb of the body, how punished, 24 151 25 152 Limitations of indictment, 35 210 Lip, injuries to thehow punished, 24, 28 and 29 151 Loo, 11 185 Lunatic, incapable of crime, when not lucid, 5 144 not to be put upon trial, while affected by insanity, 43 212 Malicious arrest, punishment of magistrate and others concerned in, 50 154 Malice aforethought, necessary ingredient in murder, 2 148 malice express, 3 ib . implied, 4 ib . Malicious mischief, in what it consists, and upon what subjects it may be committed, 1 to 16 193-6 Mal-practice, justice indicted for, to be served with copy of indictment before it goes to the grand juryprosecutor, justice and witnesses may all appear before the grand jurypunishment, 37 178 Manslaughter (See Homicide. ) Mark, or brand, required by lawcounterfeiting, 6 191-2 Marking and branding animals with intent to claim thempunishment, 15 158 Marriage license, or publication of banns, necessary to justify minister of the gospel, judge or justice in performing the ceremony, Sect. 28 190

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Mayhem, general definition, 22 151 See 24, 25, 26, 27, 28 and 29 ib . and 30, 31 and 32 152 Members See ( Mayhem. ) Misdemeanor, 1 Sec. 1 Div. 143 Misfortune or accident, acts committed by, not punishable, 10 144 Murder. (See Homicide. ) Mutiny of penitentiary convicts, 42 178 persuading, enticing, or instigating a convict to mutiny, 43 179 Nolle prosequi, not to be entered after case has gone to the jury without defendant's consent, 19 207 Nose, offences relative to, 24, 28 and 29 151 Not guilty, plea of, may be entered after plea of guilty, 9 205 plea, of to be immediately recorded, 10 206 jury in all cases to return general verdict of guilty, or not guilty, 16 207 Nuisances, not enumerated in this code, how to be abated, and punished, 24 188 Oath, of petit jurors, 20 207 of witness in criminal cases, 21 ib . of witnesses before grand jury, 22 208 of jury on trial of insanity, 52 213 clerk required to record oaths, c. 8 200 Open lewdness, 7 184 Peace, disturbing the, 1 179 Pedlars selling without license, 12 193 trading with slaves without consent, or in presence of owner, c. 20 203 Penitentiary, aiding escape from, 24 175 public officer suffering escape from, 25 ib . keeper of, failing or refusing to receive prisoner, 27 176 Perjury, definition, 1 171 punishment, 2 ib . subornation of, 5 and 6 ib . persons convicted of perjury or subornation disqualified from being witness, 7 172 verdict, judgment, rule or order of court obtained by, void under certain modifications, 8 ib .

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taking away life by perjury, Sect. 9 172 Plea, how to be made and recordedand altered, 9 205 prisoner standing mute, or pleading not guilty, clerk shall immediately record on the minutes not guilty, 10 206 demurrer, plea to the jurisdiction, in abatement, or in bar, to be made in writing, 11 ib . arraignment and plea to be entered on the indictment by attorney or solicitor general, 13 ib . not recorded when made, may be afterwards recorded by the clerk, 12 ib . Picklocks, persons found with any picklock, key, crow, bit, c. 23 187 Physicians, board of. (See practicing without license. ) 19 ib . Polygamy. (See bigamy. ) Principal, division and definition, 1 145 in second degree, 6 146 Presumption, arising from concealment of child's death, not sufficient to convict the mother of murder, 21 150 Pregnant female, execution how suspended, 38 211 Prisoner, aiding to escape, 22, 23 and 24 175 on arraignment to plead guilty or not guilty, c. 9 205 standing mute, or pleading not guilty, plea of not guilty to be immediately recorded, 10 206 his plea to the jurisdiction, in abatement, in bar, c. must be in writing, 11 ib . Process, rescuing from civil or criminal, or attempting to rescue from, 19, 20, 21 174 Prosecutor, name to be endorsed on all bills of indictment, and to pay cost when jury find prosecution unforunded or malicious, 3 204 Attorney or solicitor general may indict on presentments, without a prosecutor's name, 5 205 Prosecutions must all be under laws of force when the offence was committed, whether repealed or not, 34 209

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Practising without license from board of physicians, Sect. 17 186 how defended, 19 187 Publishing a person a coward, 8 181 Public justice, offences against, 171 Public indecency, 6 184 Public records, c.stealing, altering, embezzling, c. 12 173 officer after his term has expired, with-holding, c. 14 ib . Punishment in common jail, when not limited in this code, never to exceed six months, 21 203 Quarantine, personsentering the State from any place infected by contagious disease, in violation of quarantine laws, 21 187 Rape, definition of, 33punishment, 34 152 assault with intent to commit, 35 ib . Records, public officer stealing, embezzling, altering, c. 12 173 withholding from successor, mutilating, c. 14 ib . Refusing to receive prisoner, officer how punished, 26 175 keeper of penitentiary refusing, 27 176 Removing dead body, without consent of friends, except criminals, 25 189 Rescue, definition, 18 174 from criminal process, 19from civil, 20 ib . attempt to, 21 ib . Resisting peace officer, 16 ib . Restitution, part of judgment in forcible entry and detainer, 14 182 Riot, 2 179 Selling or buying a vote, 30 190 Slaves, offences relative to, 1 196 introducing into the state with intent to sell, indictableunless introduced for private use, c. 1 ib . no person exempt from penalty of 1st sec. who does not comply with its requisites, 2 197 what sufficient to allege in indictment for this offence, 3 ib . defendant how to plead to this offence, and what acts taken as conclusive against him, 4 197

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this act not applicable to travellers, Sect. 5 199 persons purchasing, hiring, c. any slave illegally introduced, 6 ib . persons not prevented from giving, loaning, or hiring negro to his child, 7 ib . clerk's duty in recording certificates under 1st sec. 8 200 concealing, harbouring, or hiding, 9 ib . removing, carrying, c. out of State or county, 10 ib . any person, but the owner, overseer, or employer, who shall beat, whip, c. any slave, or any free person of colourhow punished, 11 ib . any person, employer, c. cruelly treating, by whipping, withholding proper food, clothing, by excessive labour, c. 12 201 buying from slaves, c. 13 ib . slave found in tippling shop, after particular hours, or on the Sabbath, presumptive evidence against the shopkeeper, 14 202 selling or delivering to slave, goods, wares or merchandize, without permission, c. 15 ib . act in regard to trading with slaves to be given in charge to the grand jury by the judge, at every term, 16 ib . giving pass, ticket or license, to any slave not under the writer's charge, 17 ib . teaching slave or free negro to read or write, 18 ib . not to be employed in printing office in any thing that requires a knowledge of reading or writing, 19 203 pedlar or itinerant trader not to deal with slaves without permission, c. 20 ib . Sheriff, coroner, constable, c. refusing to receive prisoner, 26 175 Sentence, in penitentiary cases, where for more than one offence, to be severally executed one after expiration of the other, 23 208 of death executed by public hanging, 32 209 of death, how suspended, re-ordered and executed, in case of insanity after conviction, 37 210

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Sentence of death, on pregnant femalepregnancy how ascertainedexecution suspended, and how long, c. Sect. 38 211 when not executed pursuant to sentence, how afterwards executed, 39 ib . in sentence of death, time and place of execution to be mentioned, and within what time after sentence passed, 40 212 second sentence to penitentiary confinement, its duration, 46 ib . Severing in trial, when it may be permitted, 50 213 Small pox, surgeon or physician endeavouring to spread, c. 20 187 Sound mind, who considered of, 3 143 Stabbing, 53 154 Stolen goods persons buying or receiving them, knowing them to be stolen, how punished, 28 176 if principal thief cannot be taken, the buyer or receiver may be indicted for a misdemeanor, 29 ib . Subornation. See Perjury. Suspected rooms officer may break open rooms or houses, where it is commonly known that gaming is carried on, 14 185 Swindling. See Cheating and Swindling. Theft. See Larceny. 157 Threats married woman committing crime, not capital or punished perpetually, by threats of her husband, not to be responsible, 8 144 slave committing crime not capital, by the threats or coercion of white person having authority over him, not responsiblebut the person coercing to be punished, 11 ib . Threats, extorting money, c. by threats, or threatening to maim, wound, kill or murder, c. without demanding money or other valuable thing, c. 38 178 Tippling shop, any person keeping, without license, c. 27 189 slaves found in any tippling-shop at particular hours, and on the sabbath, taken as presumptive evidence against the shopkeeper, c. Sect. 14 202

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Tongue, injuries to, how punished, 24-25 151 Trading with slaves, 13 201 14 202 Trial, no prisoner to be brought into court for trial or arraignment, tied, bound, or fettered, c. 14 206 of prisoner to be had at the first term, c. 17 207 demand of, placed on minutes, and its effect, 18 207 severing in, 50 213 Trust, violation of, or larceny after, 162-4 Truth, may be given in evidence in libel, 11 181 Unwholesome provisions, bread, c.any butcher, baker, brewer, c. sellinghow punished, 15-16 186 Vagrants, definition and punishment, 22 187 Verdict, jury in all cases to return general verdict of guilty, or not guilty, 16 207 obtained by perjury, void, 8 172 Violation of quarantine laws, 21 187 Voir dire, in all trials for felony, any juror may be put upon his voir dire what questions shall be put to him, 48 213 Vote, person of age buying or selling a vote, how punished, 30 190 Voting more than once, or out of the county in which voter resideshow punished, 29 190 Wagoner, violating his trust, and Wharfinger, doing the same, how punished, 34 163 Witholding records from successor, c.officer how punished, 14 173 Witness, printer or publisher of libel, competent, 10 181 accomplice in gaming competenthis admissions not to be used against himself, 12 185 two required to convict of treason, 2 146-7 in indictments for felony, list of witnesses must be furnished the prisoner before trial, 7 205

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in other cases to be furnished at request of defendant or his counsel, Sect. 8 205 oath of, before petit jury, 21 207 before grand jury, 22 208 convict in penitentiary competent witness on trial for escape therefrom, 47 213 in indictments for mal-practice, the justice and prosecutor may appear before the grand jury with their witnesses, 37 178 PENITENTIARY POLICE. Account of assistant keepers, Rule 35 222 Articles not to be carried in our out without leave, 20 220 made for the State, to be paid for, 29 222 Assistant keepers, duty of, 32 ib . extra duty of, 33 ib . not subject to jury or patrol duty, 50 225 Bedding furnished to prisoners, 9 215 Bond to be given by officers, 35 223 Book keeper, duty of 37 ib . Cells to kept clean, 15 219 regulated as to lights, 17 221 numbered and divided, 24 ib . Clothes of prisoners to be put away or sold, 4 218 furnished to prisoners annually, 9 ib . to be uniform, 9 ib . furnished to prisoners when discharged, 49 225 Collecting clerk, duty of, 39 223 Commissions not allowed to principal keeper, 26 221 Convicts, how conveyed, 3 218 Contracts for supplies, how made, 25 221 not to be taken by inspectors or other officers, 25 ib . Debts to be collected, 27 ib . Description of prisoners to be recorded 6 218 Diet of prisoners, 13 219 Diseased prisoners not to be turned off, 17 220 Escapes, laws punishing, to be read, 7 218 Evidence of accounts, 28 221 Faults of prisoners punishable by principal keeper, 18 220 the inspectors, 19 ib . Garden for prisoners, 14 219 Guard organized, 40 223 may be employed in conveying convicts, 3 218

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subject to the principal keeper, Rule 31 221 not subject to jury or patrol duty, 50 225 Hospital, 16 220 Inspectors, general powers of, 42 and 45 224 to make contracts, 25 221 may sue, 27 ib . may try and punish offences, 18, 19 and 44 224 may investigate fraud, 43 ib . Intercourse of prisoners restricted, 10 219 Intoxicating liquors prohibited, 22 221 Inventory of materials, c. 34 222 Labour of prisoners, 10 219 hours of, 11 219 Laws to be read to prisoners, 7 218 Letters to and from prisoners to be examined, 20 220 Lights in the cells, when to be extinguished, 23 221 Money to be taken from prisoners on their entry, 5 218 to be furnished them when discharged, 49 225 not to be retained by prisoners, 4 218 Oath of officers, 36 223 Offences aggravated, of prisoners, how punished, 19 220 Officers, for the Penitentiary, 1 217 appointed and removed by the Governor, 2 ib . their term of office, 2 ib . not to be contractors or securities, 25 221 Physician, duty of, 39 223 Principal keeper, powers of, 30 and 31 224 18 220 not subject to jury or patrol duty, 50 225 Privilege of prisoners to labour for themselves, 47 ib . not to be confined in the cells on Sabbath, 48 ib . Punishment of prisoners by the principal keeper and inspectors, 18 and 19 220 44 224 Rations of prisoners, 13 219 Report, quarterly of Inspectors, 38 224 annual, 38 ib . Rules established, (1st section,) 217 Sabbath to be observed, 41 224 Salaries, 51 225 Search of prisoner, when received, 5 218

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daily, of prisoners and cells, Rule 24 221 Security, officers may not be, 25 ib . Sexes, separation of 8 218 Spirituous liquors prohibited, 22 221 Token for prisoners, 46 225 Tools to be taken care of, 12 219 Visiters restrained, 21 220 Walls to be kept clean, 15 219 PERSONS OF COLOUR, their guardians to make returns in the clerk's office, by the first day of May of each year, c. 226 Penalty for failing to do so, 227 Not to be credited, but on written order of guardian, 227 If neither guardian's nor ward's property sufficient to pay penalty, ward to be bound, 227 Not allowed to preach without license under certain restrictions, 227 Offence against this act, how indicted and sued for, in qui tam, 228 Not to carry fire arms, 228 Penalty for carrying them, 228 First and second section of this act, only applicable to Chatham county, 229 POOR SCHOOL. Trustee in Bryan county authorized to loan out fund, 229 Trustees of poor school fund in Montgomery and Tatnal, to give security equal to the fund, 230 Trustee of poor school fund in Sumpter, to collect the same, 231 Error in regard to poor school fund of McIntosh, corrected, 232 Governor to issue his warrant for poor school fund due to Muscogee, 233 To add academic to poor school fund in Baker, and appoint sub-trustees, 234 Coweta Circuit laid off into poor school districts, and fund apportioned, 235 Funds more equally distributed and how disbursed, 237 RAIL ROADS AND CANALS. Monroe rail road company incorporated, 238 Central rail road and canal company of Georgia, incorporated, 246 President, directors Co. of the steamboat company, authorized to run a rail road or canal, from Augusta to some point on Savannah river, 252 Georgia rail road company incorporated, with power to make branches, 256

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R. RELIEF. Abraham Rowan, allowed to adopt Ascenith Dobbins, 268 Jesse Mitchell, of Walton, relieved, 269 John Marsh's name changed to Terry, 270 Martha Gregory's name changed to Phillips, 271 Inhabitants of Hamilton relieved from road duty out of town, 272 Holders of certificates for fractions and square lots, in first district, originally Muscogee, how relieved, 272 Heirs of John S. Cripps, relieved, 273 Rufus K. Evans, Alexander Burnett, and Hockey L. Towns, relieved, 274 Thomas J. Harper, of Franklin, and Isaac Scott, of Chatham, relieved, 275 Tax collectors of Lowndes and Carroll, for 1832, relieved, 277 William Leard, relieved, 279 Tax collectors of 1832, relieved, 280 Allen McWhorter and J. C. Benson, relieved, City council of Macon, relieved, in regard to the purchase of the bridge. 281 Heirs of Charles Cutteau, relieved, 282 Citizens of the several counties formed from Cherokee, relieved as to taxes, 283 John Smith's name changed to John Golding Smith; William P. Knowles and Lucretia Maria Knowles, to William P. Janes and Lucretia Maria Janes; Richmond R. O'Neal, legitimatized, and his name changed to Richmond R. Fielder; Henry Funderbuy's name to William Jackson; Jacob William Baldwin, to Jacob William Clements; William W. Urile T. Ezekiel L. John S. Nancy V. Mary Ann E. Clementina and Martha Ann, Pennington, to William W. Urile T. Ezekiel L. John S. Nancy V. Mary Ann E. Clementina and Martha Ann, Adamsand they legitimatized, 285 Columbus Blackstone Rogers, to Robert Rogers Pope, and legitimatized, 285 Ambrose Edmunson, changed to William Ambrose McMath, and he legitimatized, 285 David Stancel, relieved, 286 John H. Brodnax, relieved, 287 Fraction purchasers, in the fifteenth district of Early, relieved, 288 Mary and her child, Cordelia, coloured persons, wife and child of Lovewell C. Flewellin, manumitted, 289

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Dorah Ann Driggers, Hustus Berrien Driggers, and Rachel Adaline Driggers, legitimatized, and the name of Driggers changed to Studstill, 289 Ashley Moy, legitimatized, and his name changed to Ashley Vickers, 290 Jurors and bailiffs, in Laurens and Telfair, relieved from ferriage in going to court, [Illegible Text] Lewis A. Thomas and John Gauley, of Thomas and Morris and Lewis Pollock, of Houston, relieved, 292 RIVERS AND ROADS. Commissioners appointed to lay off road from Tucker's ferry, to Americus, and thence to Roanoke, 293 Newington road, commissioners appointed for and act authorizing Ebenezer Jencks to establish toll gate thereon, repealed, 294 Coosa river to be kept open for navigation and passage of fish, 295 Great Ogeechee river, act to improve navigation, 298 Road law, 19th Dec. 1818, repealed as to Franklin county, 299 Broad river, additional commissioners appointed for, and to sue for public moneys in hands of their predecessors, 300 Road law of 19th Dec. 1818, repealed as to Henry, Franklin, Fayette and Heard, 301 Road laws, repealed in part, as to Effingham, 302 Road or settlement cartways to be granted by the inferior courts of Stewart and Talbot, 303 Roads and patrols, justices of peace to exercise their authority over in towns or villages, in certain cases, 304 S SALES of public hands, horses, mules, carts, tools and implements, ordered, 305 See Land. Clerks, sheriffs and other officers in Warren, authorized to advertise in any paper in Augusta, Milledgeville, or Northern Circuit, 308 Sheriff of Hall and Hancock, authorized to publish their sales in any paper in the State, 309 See also Land. T TAX. Thomas P. Helton required to pay over to Stewart county, taxes of 1831, 310 Commissioners appointed to ascertain the amount, 310 Act to collect taxes for the political year, 1834, 311

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Receiver and collector of Randolph, for 1832, required to correct books, and refund illegal taxes, 313 Tax in Lee, for 1830 and 1831, to be paid proportionally, to Sumpter county, 314 TOWNS. Franklinville, inferior court of Lowndes, to take possession of notes, c. given for lots, and to make titles to lots sold, or to be sold, 316 Lowndesville, made the county seat of Lowndes, and inferior court to sell lots, c. 317 Clerk to live within one mile of, 317 and elections to commence there in Oct. 1834, 317 Cassville incorporated, as the county seat of Cass, 318 Athens, act of incorporation amended, 320 Livingston, incorporated as the county seat of Floyd, 321 Berrien, name changed to Drayton, 322 Drayton, county site of Dooly, 322 Lawrenceville, 3d section of incorporation amended, 323 Jefferson, in Jackson county, incorporated, 324 Savannah, water line of wharf lots established, and Canal street made public, 326 Etowa, in Cherokee, incorporated, and commissioners appointed, 331 Talonaga, in Lumpkin, incorporated, 334 Centreville, in Talbot, incorporated 336 Knoxville, in Crawford, commissioners appointed, 336 Salem, in Clark county, corporation amended, 337 Swainsborough, in Emanuel, inferior court to lay off and sell lots, 338 Brunswick, in Glynn, intruders not to fence up streets and public squares, 339 See Incorporations. V VOTERS authorized to vote in certain cases out of the counties of their residence, 94 W WITNESS. See Penal Code.

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INDEX TO THE RESOLUTIONS. A ALABAMA. Report of committee on the state of republic relative to boundary line between it and Georgia, 344 ADVERTISEMENT Of certain acts ordered, 372-3 AKIN Elijah, resolution in favour of, 386 ACTS certain, ordered to be advertised, 372 3 B BANKS Report of committee favourable, in relation to Bank of Columbus, of the State of Georgia, Marine and Fire Insurance, Mechanics', of Hawkinsville, Commercial, of Macon, Planters', of Savannah, Farmers', of Chattahoochee, Augusta Insurance and Banking company, 352 Darien and Insurance of Columbus, 410 of Darien, committee appointed to investigate its condition and report, 387 Central, authorized to deliver notes to certain persons, 389 certain notes to be deposited in, 369 Merchants' and Planters' bills, to be received by Treasurer in certain cases, 394 Merchants' and Planters', committee appointed to examine and report cause of its failure, 398 report of committee on Merchants' and Planters', to be advertised in Augusta and Milledgeville papers, 364 Merchants' and Planters', report and resolution of committee on causes of its failure, 399 attorney general instructed to institute proceedings to forfeit its charter, 408 its bills not to be received for public dues, 408 BOUNDARY line between Georgia and Alabama, 344

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C COMMISSIONERS to sell fractions, notes received by certain, to be deposited in Central bank, 369 of pilotage at Darien, appointed, 392 CONVENTION, committee appointed to adjust accounts of officers and members of, 393 COX, Charles, resolution in his favour, 360 D DIGEST, Prince's, to be furnished to Cherokee circuit, 353 Appling county, 354 Tatnall county, 564 Prince's and Dawsons' and Schley's, to be sent to Carroll, 355 Prince's, and Georgia Justice, to be sent to Union, 367 to Sumpter, 367 Dawson's, and Georgia Justice to be sent to Scriven, 395 Prince's, Dawson's, and Georgia Justice ordered to Thomas, 396 Prince's, Foster's, Dawson's, and the Georgia Justice ordered to Jackson, 396 Dawson's sent to Clark, 397 Prince's, and Georgia Justice sent to Newton, 397 Prince's, and Georgia Justice, to Crawford, 397 Prince's, Dawson's, and Georgia Justice, to Cass, 398 E EDUCATION, and Free Schools. Five hundred copies of digest of laws on, sent to the counties, 364 ELECTIONS, of certain generals, 341 Judge and Solicitor for Coweta circuit, 342 certain generals, 342 Solicitor of Eastern circuit, 343 Senator in Congress, 344 State house officers, 371 ENGINEER, William Nichols, report as, highly commended, 389 F FINANCE, Joint committee's report, favourable to late comptroller, 361 on treasurer's account, favourable, 361 FLOURNOY, John J. report on his memorial, 361 FRACTION Commissioners, for Hall, Habersham, and Gwinnett, their duty, 369 FREE SCHOOLS, laws respecting, c. 364

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G GARTMAN, Daniel, relieved, 360 GOVERNOR, to draw warrants in favour of De Kalb and Thomas counties, 374 H HANDS, public, to be sold, 347 L LANDS, public, of United States, report on, 347 public, of United States, report of the committee on state of republic thereon, 347 LAWS and Journals to be furnished the members of Legislature, 356 LOT, No. 34, in Monroe, State's half of, to be sold, 387 M MEMORIAL, see Petition. MILITARY, Joint committee's report, 351 N NAVIGATION of Oclokoney river, to be inquired into by commissioners, 390 NICHOLS, William, civil engineer, his report on the survey from West Point to Columbus, on the Chattahoochee, applauded and recommended to future legislature, 389 O OCLOKONEY river, to be examined by commissioners, 390 P PENITENTIARY, report on, and principal keeper and bookkeeper highly applauded, 365 PETITION, of Robert Birdsong and William Scott, resolution in favour of, 357 of William Barker and Levin F. Chain, and resolution in favour of, 358 of John J. Flournoy, for institution for deaf and dumb, applauded, and referred to the Governor, 363 of James Holderness, and resolution in favor of, 375 of Zachariah B. Hargrove, and resolution in favour of, 376 of John Martin, and resolution in favour of, 377 of John Cooper, and resolution in favour of, 379 of Leroy Napier, and resolution in favour of, 380 of Calvin Baker, and resolution in favour of, 381

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of Mary C. Franklin, executrix, c. and resolution in favour of, 381 of Eliza Mackay, and resolution in favour of, 385 PILOTAGE, Commissioner of, for Darien, 392 PRINTING, report and resolution on, 369 PUBLIC HANDS, Governor to appoint agent to take charge of, till day of sale, 409 Lands of United States, report on, by committee on state of republic, 347 R RIVERS, See William Nichols and Oclokoney. S SALE of public hands, 409 SAM, a coloured man, a noble fellow that deserves his freedom, 367 SESSIONS of Legislature, vote to be taken concerning biennial, instead of annual, in October next, 372 STATE HOUSE, report on Governor's communication concerning fire at, and recommendation to manumit Sam, a coloured man, 367 officers directed to arrange, label, and deposit ancient papers in basement story, 394 T TREASURER, complimented in report, 360 required to receive certain bank bills, 394 U UNIVERSITY, report and resolutions approving its management and application of funds, 349 V VOTES to be taken in October next, on the question of biennial and annual sessions of Legislature, 372 W WALKER, Alexander, ordered to be sued, 378 WARE, Alexander, relieved, 356 WARRANTS, Governor required to draw on Treasury, in favour of De Kalb and Thomas counties, 374

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APPENDIX. A STATEMENT OF WARRANTS Drawn on the Treasurer during the political year eighteen hundred and thirty-three, or between the first Monday in November, eighteen hundred and thirty-two, and the first Monday in November, eighteen hundred and thirty-three. APPROPRIATION FOR COUNTY ACADEMIES. Date. No. In whose favor drawn. For what purpose drawn, and fund chargeable. Amount. 1832. Trustees of November 6, 1 Harris county, For the amount due said county, agreeably to a distribution of the Academic Fund, made in the year 1832, 220 00 November 14, 19 Dooly For the amount due said county, agreeably to a distribution of the Academic Fund, made in the year 1830, 1831, 544 30 November 14, 21 Coweta For the amount due said county, agreeably to a distribution of the Academic Fund, made in the year 1832, 220 00 November 15, 23 Upson, For the amount due said county, agreeably to a distribution of the Academic Fund, made in the year 1832, 220 00 November 15, 24 Walton, For the amount due said county, agreeably to a distribution of the Academic Fund, made in the year 1832, 220 00 November 16, 26 Effingham, For the amount due said county, agreeably to a distribution of the Academic Fund, made in the year 1832, 220 00 November 17, 28 Fayette, For balance of 1832, 20 00 November 17, 29 Irwin, For balance of 1831 and 1832, 381 39 November 17, 31 Montgomery, For balance of 1831 and 1832, 381 39 November 22, 40 Habersham, For balance of 1832, 220 00 December 14, 80 Glynn, For balance of 1828, 1830, 1831 and 1832, 952 95 December 14, 82 Jasper, For balance of 1832, 220 00 December 17, 89 Merriwether, For balance of 1832, 220 00 December 18, 93 Burke For balance of 1832, 220 00 December 19, 97 Bryan, For balance of 1828, 1830, 1831 and 1832, 952 95 December 29, 137 Appling, For balance of 1832, 220 00 1833. Jan. 12, 160 De Kalb, For balance of 1833, 456 00 1833. Jan. 12, 164 Liberty, For balance of 1833, 226 50 1833. Jan. 17, 172 Bullock, For balance of 1833, 102 00 1833. Jan. 18, 175 Hall, For balance of 833, 543 50 1833. Jan. 18, 178 Twiggs, For balance of 1831 and 1833, 528 50 1833. Jan. 21, 181 Jones, For balance of 1833, 465 50 1833. Jan. 22, 183 Washington, For balance of 1833, 367 00 1833. Jan. 23, 187 Richmond, For balance of 1833, 418 00 1833. Jan. 24, 192 Bibb, For balance of 1833, 284 50 1833. Jan. 24, 193 Clarke, For balance of 1833, 357 00 1833. Jan. 24, 198 Heard, For balance of 1833, 83 50 1833. Jan. 25, 201 Houston, For balance of 1833, 317 50 1833. Jan. 25, 202 Fayette, For balance of 1833, 240 50 February 1, 209 Lowndes, For balance of 1831, 1832 and 1833, 488 89

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February 2, 221 Gwinnett, For balancd of 1833, 546 50 February 15, 283 Chatham, For balancd of 1833, 534 00 February 15, 285 Dooly, For balancd of 1828, 1830 and 1831, 732 95 February 16, 289 Newton, For the one half 1833, 222 25 February 18, 290 Campbell, For the one half 1833, 163 50 February 22, 296 Putnam, For the one half 1833, 445 00 February 26, 298 Butts, For the one half 1833, 198 00 March 4, 308 Laurens, For the one half 1833, 198 50 March 14, 320 Henry, For the one half 1833, 448 50 March 16, 323 Camden, For the one half 1833, 148 00 March 18, 328 Wilkes, For the one half 1833, 477 00 March 20, 329 Oglethorpe, For the one half 1833, 442 00 March 20, 330 Taliaferro, For the one half 1833, 211 50 March 21, 331 Harris, For the one half 1833, 270 50 March 26, 337 Elbert, For the one half 1833, 442 00 April 6, 352 Muscogee, For the one half 1833, 192 50 April 18, 364 Monroe, For the one half 1833, 640 00 April 25, 369 Hancock, For the one half 1832, 220 00 May 8, 446 Baker, For the one half 1832 and 1833, 271 50 May 8, 447 Jefferson, For the one half 1832 and 1833, 257 50 May 8, 448 Baldwin, For the one half 1832 and 1833, 258 50 May 8, 449 Madison, For the one half 1832 and 1833, 196 00 May 9, 453 Habersham, For the one half 1832 and 1833, 494 00 May 9, 454 Columbia, For the one half 1832 and 1833, 400 50 May 10, 455 Appling, For the one half 1832 and 1833, 280 00 May 11, 462 Coweta, For the one half 1832 and 1833, 227 00 May 13, 467 Decatur, For the one half 1832 and 1833, 163 00 May 14, 468 Scriven, For the one half 1832 and 1833, 160 00 May 15, 478 Wilkinson, For the one half 1832 and 1833, 486 00 May 15, 479 Hancock, For the one half 1832 and 1833, 426 50 July 1, 512 Jasper, For the one half 1832 and 1833, 461 50 July 15, 525 Warren, For the one half 1832 and 1833, 353 00 July 24, 529 Tattnall, For the one half 1832 and 1833, 318 00 $21,597 57 POOR SCHOOL FUND. 1832. Nov. 8, 7 Jefferson, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 210 00 1832. Nov. 12, 13 Jackson, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 410 00 1832. Nov. 14, 20 Laurens, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 184 00 1832. Nov. 17, 30 Irwin, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 65 00 1832. Nov. 17, 32 Montgomery, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 58 00 1832. Nov. 23, 41 Montgomery, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1831, 84 30 1832. Nov. 26, 45 Camden, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 88 00 December 8, 69 Habersham, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 659 00 December 12, 75 Walton, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 463 00 December 14, 79 Irwin, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1831, 86 60 December 14, 81 Glynn, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 38 00 December 15, 84 Effingham, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 104 00 December 18, 94 Burke, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1831 and 1832, 735 40 December 18, 95 Marion, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 109 00 December 19, 98 Bryan, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 45 00 December 19, 100 Elbert, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 396 00

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Dec. 20, 105 Greene, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1831 and 1832, 754 52 Dec. 20, 106 Harris, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 256 00 Dec. 20, 107 Baker, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 60 00 Dec. 21, 109 Columbia, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 240 00 Dec. 24, 131 Early, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1830, 1831 and 1832, 335 55 1833. Jan. 10, [Illegible Text] Fayette, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1833, 270 50 1833. Jan. 12, 165 Merriwether, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1831 and 1832, 344 70 1833. Jan. 12, 166 Monroe, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 572 50 1833. Jan. 14, 169 Jasper, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 385 00 1833. Jan. 17, 171 Bullock, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 109 00 1833. Jan. 18, 176 Hall, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 658 50 1833. Jan. 19, 179 Taliaferro, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 183 00 1833. Jan. 21, 182 Jones, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 365 00 1833. Jan. 22, 184 Washington, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 342 50 1833. Jan. 22, 185 Upson, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 231 00 1833. Jan. 22, 186 De Kalb, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 531 50 1833. Jan. 24, 190 Gwinnett, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 632 00 1833. Jan. 24, 191 Bibb, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 264 00 1833. Jan. 24, 194 Clark, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 302 50 1833. Jan. 24, 197 Heard, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 87 50 1833. Jan. 25, 200 Houston, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 330 00 1833. Jan. 29, 204 Decatur, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 162 00 1833. Jan. 31, 206 Richmond, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 327 50 1833. Jan. 31, 207 Talbot, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 264 00 1833. Jan. 31, 208 Liberty, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1832, 93 00 1833. February 1, 213 Lowndes, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1831, 1832 and 1833, 392 50 1833. February 4, 266 Troup, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1833, 296 00 1833. February 7, 274 Oglethorpe, For the amount due said county agreeably to a distribution of the Poor School Fund in the year 1833, 313 00 1833. February 7, 275 M`Intosh, For several distributions under resolutions of December, 1832, including 1833. 528 25 1833. February 9, 278 Cowets, For several distributions under resolutions of December, 1832, including 1833, 244 50 1833. February 15, 286 Dooly, For several distributions under resolutions of December, 1832, including 1830 and 1831, 140 25 1833. February 15, 287 Butts, For several distributions under resolutions of December, 1832, including 1833, 198 50 1833. February 15, 288 Ware, For several distributions under resolutions of December, 1832, including 1832 and 1833, 131 00 1833. February 18, 291 Campbell, For several distributions under resolutions of December, 1832, including 1833, 200 50 1833. February 21, 295 Franklin, For several distributions under resolutions of December, 1832, including 1833, 443 00 1833. February 23, 297 Wilkes, For several distributions under resolutions of December, 1832, including 1833, 307 00 1833. February 27, 300 Newton, For several distributions under resolutions of December, 1832, including 1833, 477 50 1833. March 7, 310 Jackson, For several distributions under resolutions of December, 1832, including 1833, 397 00 1833. March 7, 312 Carroll, For several distributions under resolutions of December, 1832, including 1833, 181 00 1833. March 12, 318 Putnam, For several distributions under resolutions of December, 1832, including 1833, 312 00 1833. March 14, 319 Henry, For several distributions under resolutions of December, 1832, including 1833, 494 00 1833. March 15, 322 Habersham, For several distributions under resolutions of December, 1832, including 1833, 604 50 1833. March 16, 325 Rabun, For several distributions under resolutions of December, 1832, including 1833, 176 00 1833. April 25, 368 Wilkinson, For several distributions under resolutions of December, 1832, including 1833, 281 00 1833. April 26, 370 Morgan, For several distributions under resolutions of December, 1832, including 1833, 300 00 1833. May 7, 441 Telfair, For several distributions under resolutions of December, 1832, including 1833, 88 00 1833. May 7, 442 Crawford, For several distributions under resolutions of December, 1832, including 1833, 163 50 1833. May 8, 444 Warren, For several distributions under resolutions of December, 1832, including 1833, 297 00 1833. May 8, 450 Madison, For several distributions under resolutions of December, 1832, including 1833, 209 50 1833. May 10, 456 Appling, For several distributions under resolutions of December, 1832, including 1832 and 1833, 147 00 1833. May 10, 461 Jefferson, For several distributions under resolutions of December, 1832, including 1833, 207 00 1833. May 14, 469 Scriven, For several distributions under resolutions of December, 1832, including 1833, 130 50 1833. May 15, 472 Lincoln, For several distributions under resolutions of December, 1832, including 1833, 164 00 1833. May 15, 473 Pike, For several distributions under resolutions of December, 1832, including 1832 and 1833, 531 00 1833. June 3, 496 Harris, For several distributions under resolutions of December, 1832, including 1833, 246 50 1833. June 15, 505 Hancock, For several distributions under resolutions of December, 1832, including 1833, 296 00 1833. June 24, 509 Stewart, For several distributions under resolutions of December, 1832, including 1833, 81 00 1833. July 5, 514 Twiggs, For several distributions under resolutions of December, 1832, including 1833, 268 00

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July 25, 530 Tattnall, For part of the distribution 1832, 102 00 August 19, 579 Chatham, For part of the distribution 1833, 295 00 August 27, 580 Pulaski, For part of the distribution 1833, 176 50 Sept. 19, 588 Twiggs, For part of the distribution 1831 and 1832, 723 50 $ 22,380 57 APPROPRIATION FOR THE PROTECTION OF THE GOLD MINES, 1832. November 26, 44 John Coffee, For an advance to him as States' agent and commander of the guards for the protection of the gold mines, 1000 00 December 21, 108 John Coffee, For an advance to him as States' agent and commander of the guards for the protection of the gold mines, 3000 00 1833. Feb. 1, 209 John Coffee, For balance to close his agency and command of the guard for the protection of the gold mines, 1858 18 1833. Feb. 1, 211 Wm. W. Williamson, For his pay and subsistence as sub-agent and commander of the guard for the protection of the gold mines, 660 00 August 9, 574 Eli M'Connell, For provisions, c. furnished the guards for, c. which account was not presented in time to be settled by Gen. Coffee, 16 50 $6534 68 CONTINGENT FUND, 1832. 1832. Nov. 7, 2 Isaac Lang, For the amount of his insolvent list as tax collector of Camden county for the year 1830, 20 27 1832. Nov. 7, 4 Thomas Smith, For the amount of his insolvent list as tax collector of Campbell county, 15 43 1832. Nov. 7, 5 Thomas Thornton, For costs, c. incurred in prosecutions vs. Indians and others in Hall county for offences committed in in Cherokee, 39 64 1832. Nov. 12, 9 E. R. M`Law, For bringing election return of election for electors of President and Vice President of the United States from Heard county, 17 00 1832. Nov. 12, 10 H. W. Ector, For bringing election return of election for electors of President and Vice President of the United States from Merriwether county, 12 00 1832. Nov. 12, 14 Thos. F. Greene, P. M. For postage on letters and newspapers, c. to and from the Executive Department, from 12th October to date, 111 90 1832. Nov. 12, 16 J. W. L. Daniel, For repairs done on the State House windows, 31 75

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November 13, 17 John Barnett, et al. For fees and cost in cases of criminal prosecutions in Cherokee, 20 87 November 15 25 Thomas Jones, For the one-half of his insolvent list as tax collector for Coweta county, for the year 1830, 44 58 November 17, 33 John Williams, Treas. For postage and other incidental expenses incurred at the Treasury Department, 16 83 November 19, 34 William T. Carroll, For cost incurred by the State of Georgia in the Supreme Court, U. S. as claimant of certain Africans, 147 04 November 20, 35 D. R. Mitchell, For attorney's fees in the case, Reuben Thornton, vs. John Coffee. Injunction, in Hall Superior Court, 100 00 November 21, 37 Thomas L. Wootan, For the one-half of his insolvent list as tax collector of Wilkes county for the year 1830, 129 39 November 22, 39 Thomas F. Greene, For stationary, c. furnished for the several departments of the government, 256 90 November 29, 58 Laban Hargrove, For carrying express to one of the electors (elect) of President and Vice President of the United States, 18 80 November 29, 59 Thomas Watts, For carrying express to one of the electors (elect) of President and Vice President of the United States, 12 60 December 1, 60 William Reynolds, For carrying express to one of the electors (elect) of President and Vice President of the United States, 56 00 December 3, 62 Josiah Newton, For carrying express to one of the electors (elect) of President and Vice President of the United States, 24 00 December 3, 64 J. C. F. Clarke, For binding record books for the office of Secretary of State, 267 00 December 6 67 David Blackshear, For the compensation of the electors of President and Vice President of United States, 767 60 December 7, 68 Thomas F. Green, For stationary furnished for the use of the Legislature and the Executive Department, 144 00 December 12, 74 C. C. Cooper, For his insolvent list as tax collector of Glynn county, for the years 1825 to 1828, 40 40 December 15, 87 Isaac Newell, For furnishing wood, c. for the public offices as per contract, 155 13 December 15, 88 John G. Park, Fees and cost in cases of prosecutions in Gwinnett Superior Court, for offences committed in Cherokee, 81 93 December 18, 92 James Alderman, For the one-half of his insolvent list as tax collector of Thomas county, for the year 1831, 3 74

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Dec. 20, 104 D. Williams, For the one-half of his insolvent list as tax collector of Bulloch, 1831, 4 00 Dec. 28, 135 John Marlor, For work done and materialsfurnished in repairing the arsenal and magazine agreeably to concurred resolution, 1831, 332 50 Dec. 28, 136 Samuel Tucker, For work done and materialsfurnished in repairing the arsenal and magazine agreeably to concurred resolution, 1831, 54 25 Dec. 29, 139 William Burrow, James H. Porcher,[UNK] For the reward offered by Executive proclamation for the apprehension of John Bradberry, 200 00 1833. Jan. 1, 144 Thomas F. Green, For postage on letters, c. to and from the Executive department, from 12th Nov. to 31st Dec. ult. 111 45 1833. Jan. 2, 146 Jacob Fogle, For cleaning the State House clock, 40 00 February 2, 220 David Bell, For the one-half of his insolvent list as tax collector of Chatham county, for the year 1831, 265 43 February 20, 292 Evans Myrick, For the amount received from him, through mistake, at the Treasury Department, on fraction 185-12th, Habersham, 12 40 $3554 83 CONTINGENT FUND, 1833. 1833. Jan. 5, 156 B. Bower, For bees-wax furnished for the Secretary of State's office, 27 53 1833. Jan. 11, 159 Manning and Lane, For carpeting, c. furnished for the executive chamber, 81 50 1833. Jan. 17, 173 Peter F. Boisclair, For serving notices as Sheriff of Richmond county, in relation to charges preferred against`Judge Holt, 6 00 1833. Jan. 18, 177 J. C. F. Clark, For record books furnished for the Surveyor General's office, 279 50 1833. Jan. 23, 188 Thomas B. Stubbs, For stationary, c. furnished the Executive department, 15 62 1833. Jan. 23, 189 R. A. Greene, For the purpose of paying small incidental expenses of the Executive department, 100 00 February 4, 256 Peter Fair, For his first quarter salary as messenger to the Executive department, 100 00 February 4, 257 C. D. Hammond, For the pay of the guard kept at the State House during the first quarter, 376 50

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February 4, 258 Governor's secretaries, For their fees on grants passed during the first quarter, 189 03 February 4, 265 Thomas F. Green, For postage on letters, c. to and from the Executive department, from 1st ult. to date, 599 32 February 5, 269 Jesse Lewis, For the one-half of his insolvent list as tax collector of Wayne county, for the year 1829, 11 33 February 5, 270 John Clemants, For the one-half of his insolvent list as tax collector of Wayne county, for the year 1830, 10 80 February 5, 271 Aaron Tyson, et al. For the reward offered by the Executive in the year 1813, for the apprehension Gilbert Clemant, 250 00 February 20, 293 Benjamin Ivie, For jail fees in cases of prosecutions for offences committed in Cherokee, 90 21 March 7, 311 Isaac T. Cushing, For work done for the different offices in the State house, 21 62 March 8, 313 Thomas F. Green, For postage on letters, c. to and from the Executive department, from the 4th ult. to date, 148 40 March 9, 314 John Bethune, For articles furnished for the use of the Surveyor General's office, 13 88 March 22, 332 Joseph D. Bethune, For grant fee paid by him into the Treasury, through mistake, when the lot had been relinquished to the State, 10 00 March 22, 333 Thomas Worthy, For fees, c. in case of criminal prosecution in Gwinnett, for an offence committed in Cherokee, 35 00 April 4, 348 Taylor Patten, For furnishing the Houston county cavalry with arms, in pursuance of an act of the late General Assembly, 882 50 April 5, 351 Thomas B. Stubbs, For furnishing fire wood, for the use of the public offices, 10 00 April 9, 357 Thomas F. Green, For postage on letters, c. to and from the Executive department, from the 8th of March to date, 162 12 April 11, 359 Wiley Harben, For fees, c. in cases of criminal prosecutions, the State, vs. J. and B. Kimble, for offences in Cherokee, 23 80 April 13, 361 R. A. Greene, For the purpose of paying the account of William T. Williams, for stationary for the public offices, 335 50

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April 15, 362 Peter Fair, For counting and tying np in bundles for distribution, the laws and journals, 1832, school laws, c. and furnishing twine, 40 00 April 22, 365 A. M. Horton, For the one-half of his insolvent list as tax collector of Hancock, for the years 1830 and 1831, 58 46 April 30, 375 Sherod Rowlan, For the one-half of his insolvent list as tax collector of Coweta, 1831, 35 29 April 30, 376 William W. Farnum, For delivering the laws and journals of 1832, to sixteen counties, per contract, 69 00 April 30, 378 Thomas Gallaway, For the one-half of his insolvent list as tax collector of Walton county, for the year 1831, 23 79 May 6, 427 Peter Fair, For his second quarter salary as messenger to the Executive department, 100 00 May 6, 428 C. D. Hammond, For the pay of the guard kept at the State house during the second quarter, 372 50 May 6, 429 Governor's secretaries, For their fees on grants passed during the second quarter, 172 27 May 6, 432 Samuel O. Bryan, For the one-half of his insolvent list as tax collector of Wayne county, 1831, 20 41 May 6, 434 Benjamin Ivey, For his fees in cases of prosecution in Gwinnett county, for offences committed in Cherokee, 41 75 May 7, 437 Jesse L. Baker, For the one-half of his insolvent list as tax collector of Newton county, for the year 1831, 8 38 May 8, 445 Simon Frazer, For the one-half of his insolvent list as tax collector of Liberty, 1831, 1 94 May 10, 457 Thomas F. Green, For postage on letters, c. to and from the Executive department, from 9th of April to 9th inst. 153 50 May 11, 463 J. M. D. Bond, For the one-half of his insolvent list as tax collector of the county of Butts, for the year 1831, 25 12 May 11, 464 Thomas Glascock, For the expenses of agents, sent on special business of interest to the State, to attend the Cherokee council to meet this month, 500 00 May 14, 471 Joseph Hagan, For the one-half of his insolvent list as tax collector of Bulloch county, for the years 1826-7-8-9 and 1830, 32 04

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May 15, 476 John G. Polhill, Moses Fort, and Hugh Lawson,[UNK] For an advance to them as commissioners appointed under a resolution of the General Assembly, to examine the port of Brunswick, and the rail road avenue to the Alatamaha, 500 00 May 15, 477 James Myers, For the one-half of his insolvent list as tax collector of Glynn county, for the year 1831, 3 20 May 29, 494 Hamblin Sanders, For carrying the laws and journals to ten counties, per contract, 115 00 June 3, 497 Thomas F. Green, For postage on letters, c. to and from the Executive department, from the 9th ult. to 3d inst. 85 50 June 3, 499 George W. Jennings, For carrying the laws and journals of 1832, to sixteen counties, per contract, 95 00 June 5, 500 C. C. Mills, For carrying the laws and journals of 1832, to sixteen counties, per contract, 174 00 June 7, 501 Tomlinson Fort, For balance due him for printing compilation of school laws, 317 18 May 2, 382 C. C. Mills, For carrying laws and journals of 1832, to fourteen counties, per contract, 89 50 June 13, 504 Joshua H. Alston and John Peddy,[UNK] For apprehending William Gilmore, charged with the murder of James Mock, 200 00 June 15, 506 Samuel Tucker, For an advance to procure materials for repairing the State house, 612 39 June 18, 507 Redfearn Weems, For the one-half of his insolvent list as tax collector of Franklin, for the year 1831, 59 25 July 6, 515 Thomas F. Green, For postage on letters, c. to and from the Executive department, (including convention journals,) from 3d June, 277 46 July 9, 521 John G. Polhill, For services as commissioner to visit the port of Brunswick, c. 240 00 July 12, 522 James F. White, For the apprehension of William T. Jones, in pursuance of the Executive proclamation, 250 00 July 13, 524 Jacob Nicholson, For riding express from Cherokee, bearing dispatches from the United States enrolling agent, 36 00 July 18, 528 Moses Fort, Hugh Lawson, and John G. Polhill,[UNK] For services performed by them, respectively, as commissioners to examine the port of Brunswick, c. 592 00

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August 2, 533 Thomas F. Green, For postage on letters, c. to and from the Executive department, from July 6th to date, 96 55 August 5, 567 Peter Fair, For his third quarter salary as messenger to the Executive department, 100 00 August 5, 568 C. D. Hammond, For the pay of the guard kept at the State house during the third quarter, 376 50 August 5, 569 Governor's secretaries, For their fees on grants during the third quarter, 108 53 August 13, 575 William Nichols, Jr. For advance to him as engineer, appointed to examine the Chattahoochie river, between West Point and Columbus, 650 00 August 16, 576 Thomas S. Tate, For jail fees for cases of prosecutions in Hall county, for offences committed in Cherokee, 17 20 August 19, 577 Pliny Carter, For the reward offered, in 1829, by Executive proclamation, for the apprehension of John M`Donald, one of the persons charged with the murder of Indian Billy, 100 00 Sept. 2, 583 Thomas F. Greene, For postage on letters, c. to and from the Executive department, from 1st of August to 1st of September, 90 35 Sept 10, 587 James Neal, For the reward offered by Executive proclamation, for the apprehension of Daniel Barksdale. 200 00 Sept. 23, 589 L. P. Thomas, and Allen Barber,[UNK] For the reward offered by Executive proclamation, for the apprehension of John Grier Maxey, 250 00 Sept. 24, 591 Orange Green, For one set of land and gold maps of the new territory, for the use of the Executive department, 11 00 Sept. 27, 592 J. W. Born, For cost due him in cases of prosecutions for offences committed in that part of the new territory, formerly attached to Gwinnett, 17 45 Sept. 27, 593 Thomas F. Greene, For stationary furnished the office of the surveyor general, 16 50 October 2, 594 Henry Darnell, For an advance, to pay hands employed under his superintendence in cleaning up and repairing State house square, c. 30 00 October 11, 595 Vincent Bowman, For the reward offered by Executive proclamation, for the apprehension of George Tooke, 200 00

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October 16, 599 James Orr, For bringing the election returns for Governor, and members of the General Assembly from Cass county, 30 00 October 16, 600 Thomas Holsenbock, For cost in cases of criminal prosecution, for offences in that part of the new territory formerly attached to Gwinnett, 119 87 October 18, 602 R. A. Greene, For the purpose of paying small incidental charges against the Executive departments, 100 00 October 18, 603 Johnson P. Wellborn, For bringing election returns for Governor and members of the General Assembly from Union county, 35 00 October 21, 606 J. Hamilton Couper, For the purchase of arms for the Glynn county Hussars, agreeably to act of 22d December, 1832, 446 64 October 26, 608 William Majors, For his insolvent list as tax collector of Carroll county, for the years 1829 and 1830, 30 75 October 28, 609 Thomas F. Greene, For postage on letters, c. to and from the Executive department, from 1st to 30th September, ult. 73 49 October 31, 610 John Marlor, For carpenter's labour, and materials furnished in repairing the State house, under resolution of late General assembly, 749 77 October 31, 611 Samuel Tucker, For mason's labour, and materials furnished in repairs done to the State house, under resolution of late General Assembly, 2316 31 October 31, 612 Henry Darnell, For the pay of labourers, (including his services,) in cleaning up and repairs done to the State house square, and fencing, 61 86 Novem. 2, 613 Samuel Tucker, For painter's labour and materials, in painting the inside of State house, and for iron work in bracing south wall of State house, c. 235 31 Novem. 4, 648 Peter Fair, For his fourth quarter salary as messenger of the Executive department, 100 00 Novem. 4, 649 C. D. Hammond, For his fourth quarter pay as officer of the State house yard, including pay for guards, candles, c. 376 50

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November 4 650 Governor's secretaries, For their fees on grants passed during the fourth quarter, 1833, 68 91 $16,089 58 FUND FOR THE REDEMPTION OF THE PUBLIC DEBT. 1832, Dec. 21, 110 J. J. W. Davis, For two audited certificates, Nos. 377 and 378, at one-eighth of their nominal value, 107 14 1832. Dec. 22, 111 Timothy Barnard, For twenty-seven audited certificates, Nos. 377 and 378, at one-eighth of their nominal value, 979 09 1833. May 6, 433 James M. Wayne, For two audited certificates, Nos. 377 and 378, at one-eighth of their nominal value, 482 13 $1568 36 MILITARY FUND, 1827. 1832. Nov. 7, 3 Zim. W. Tate, For fourteen days service as Brigade inspector, 1st brigade, 4th Division, Georgia Militia, 1833, 56 00 1832. Nov. 8, 6 S. Bateman, For fourteen days service as Brigade inspector, 1st brigade, 8th Division, Georgia Militia, 1833, 56 00 1832. Nov. 12, 11 Nimrod W. Long, For ten days service as Brigade inspector, 1st brigade, 8th Division inspector, 6th Division, 40 00 1832. Nov. 16, 27 William Turk, For fourteen days service as Brigade inspector, 2d brigade, 4th division, 56 00 1832. Nov. 21, 36 H. B. Hathaway, For four days service as Brigade inspector, 1st brigade, 6th division, 16 00 Decem. 17, 91 David Dobbs, For eighteen days service as Brigade inspector, 1st brigade, 4th Division inspector, 4th division, 72 00 January 28, 203 Elisha Strong, For four days service as Brigade inspector, 2d brigade, 3d division, 16 00 February 4, 261 John H. Currie, For his first quarter salary as military store keeper at Milledgeville, 100 00 February 4, 262 F. M. Stone, For his first quartre salary as military store keeper at Savannah 60 00 April 6, 353 John H. Currie, For materials used in cleaning the public arms in the arsenal at Milledgeville, 15 43 April 25, 367 John Cureton, For sixteen days service as Inspector of the 2d brigade, 8th division, Georgia militia, 1833, 64 00 May 6, 430 John H. Currie, For his second quarter salary as military store keeper at Milledgeville, 100 00 May 6, 431 Francis M. Stone, For his second quarter salary as military store keeper at Savannah, 60 00 May 7, 439 S. H. Fay, For twelve days service as Inspector of the 1st brigade, 8th division, Georgia, militia, 1833, 48 00

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May 8, 443 G. A. Chandler, For twenty-three days service as Inspector of the 1st brigade, 2nd division, Georgia militia, 1833, 92 00 May 8, 451 P. T. Schley, For nine days service as Inspector of the 2d brigade, 2d division, Georgia militia, 1833, 36 00 May 22, 486 N. B. Williams, For fourteen days service as Inspector of the 1st brigade, 8th division, 56 00 May 22, 487 W. H. C. Mills, For forty days service as Inspector of the second brigade, 1st division, 160 00 May 23, 488 W. C. Wayne, For forty days service as Inspector of the 1st brigade, 1st division, Georgia militia, 1833, 160 00 May 27, 491 H. B. Hathaway, For nine days service as Inspector of the 1st brigade, 6th division, Georgia militia, 1833, 36 00 May 28, 493 Elisha Strong, For seven days service as Inspector of the 2d brigade, 3d division, Georgia militia, 1833, 28 00 June 22, 508 A. B. Dawson, For ten days service as Inspector of the 1st brigade, 10th division, Georgia militia, 1833, 40 00 June 26, 510 Samuel Rockwell, For ten days service as Inspector of the 1st brigade 3d division, 40 00 June 29, 511 James Gladin, For cleaning and repairs of one hundred and forty muskets, which were returned to the arsenal in Milledgeville in bad order, 140 00 July 15, 526 Chappell Cox, For nineteen days service as inspector of the 1st brigade, 10th division, 76 00 July 30, 532 John H. Currie, For articles and materials furnished for cleaning public arms returned to the arsenal in bad order, 54 50 August 5, 570 John H. Currie, For his third quarter salary as military store keeper at Milledgeville, 100 00 August 5, 571 Francis M. Stone, For his third quarter salary as military store keeper at Savannah, 60 00 August 5, 572 W. W. Montgomery, For expenses incurred in collecting and cleaning public arms in 2d division Georgia militia, 201 62 August 29, 581 James Gladin, For cleaning and putting in order public arms returned to the arsenal in Milledgeville, in bad order, 160 00 Sept. 2, 584 Joshua Sutton, For forty days service as inspector of the seventh division, Georgia militia, 160 00 Sept. 5, 585 Benjamin Henry, For ten days service as inspector of the 10th division, Georgia militia, 40 00 October 11, 596 Isaac N. Davis, For twelve days service as inspector of the 1st brigade, 4th division, 48 00 October 12, 597 John H. Currie, For bill of freight paid by him on box of emory procured for cleaning public arms, 5 25 October 14, 598 Robert V. Hardeman, For seven days service as inspector of the 1st brigade, 5th division, Georgia militia, 28 00 October 19, 604 Thomas Akin, For thirteen days service as inspector of the 2d brigade, 7th division, Georgia militia, 52 00 October 25, 607 James Gladin, For repairing and cleaning one hundred and twenty-eight muskets, returned to the arsenal, Milledgeville, in bad order, 128 00 Nov. 4, 651 John H. Currie, For his fourth quarter salary as military store keeper at milledgeville, 100 00

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Nov. 4 652 F. M. Stone, For Milledgeville, Savannah, 60 00 $2820 80 SPECIAL APPROPRIATION, 1832. 1832. Nov.13, 18 R. L. Simms, For the amount specially appropriated for him by the act of 24th Dec. 1831, 15 47 1832. Nov. 24 42 Samuel Neidlinger, For taking the State census in the county of Effingham, for the year 1831, 62 00 Dec. 13, 77 Intendant and Commissioners of Columbus, For part of the loan authorized by the act of 26th December, 1831, 5870 00 Dec. 20, 102 Intendant and Commissioners of Columbus, For further part of the loan authorized by the act of 26th December, 1831, 215 00 1833. Jan.21, 180 Intendant and Commissioners of Columbus, For balance of the loan authorized by the act of 26th December, 1831, 9915 00 $ 16,077 47 SPECIAL APPROPRIATION, 1833. 1832. Dec.22, 115 W. T. Colquitt, For amount specially appropriated for him by the act of 22d Dec. 1832, 300 00 1832. Dec.22, 116 J. J. Singleton, For amount specially appropriated for him by the act of 22d Dec. 1832, 48 00 1832. Dec.22, 120 Irby Hudson, chairman, For amount specially appropriated for him by the act of 22d Dec. 1832, 380 00 1832. Dec.22, 122 F. A. Brown, For amount specially appropriated for him by the act of 22d Dec. 1832, 400 00 1832. Dec.22, 123 G. A. Parker, For amount specially appropriated for him by the act of 22d Dec. 1832, 50 00 1832. Dec.22, 124 Trus's Sumpter acad. For amount specially appropriated for them by the act of 22d Dec. 1832, 815 00 1832. Dec.22, 127 Samuel Clay, For amount specially appropriated for him by the act of 22d Dec. 1832, 25 00 1832. Dec.22, 128 Isaac Bailey, and Wm. G. Henderson,[UNK] For amount specially appropriated for them by the act of 22d Dec. 1832, 850 00 1832. Dec.26 132 Trustees Stewart acad. For amount specially appropriated for them by the act of 22d Dec. 1832, 815 00 1832. Dec.27 133 Samuel W. Flournoy, For amount specially appropriated for him by the act of 22d Dec. 1832, as a witness on the part of the State in the trial of S. Bogan, 46 50 1832. Dec.29, 138 Iverson L. Harris, For amount specially appropriated as clerk of the high court of impeachment in the trial of S. Bogan, 100 00 1832. Dec.31, 141 Z. B. Hargrove, For amount specially appropriated as a witness on the part of the State in the trial of S. Bogan, 24 00 1833. Jan.3, 149 John Brewster, For amount specially appropriated as a witness on the part of the State in the trial of S. Bogan, 66 00 1833. Jan.3, 150 Charles M`Hugh, For amount specially appropriated as a witness on the part of the State in the trial of S. Bogan, 12 00 1833. Jan.3, 151 Thomas Humphrey Henry Vaugh, Hines Holt, and John N. Reeves,[UNK] For amount specially appropriated for them by the act of 22d Dec. 1832, 115 50 1833. Jan.4, 152 Evans Shannon, For amount specially appropriated for him by the act of 22d Dec. 1832, 90 00 1833. Jan.7, 157 John Wing, For amount specially appropriated as a witness on the part of the State in the trial of S. Bogan, 19 50

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1833. Jan. 12, 161 Samuel Fee, For amount specially appropriated for him by the act of 22d Dec. 1832, as a witness on the part of the State in the trial of S. Bogan, 19 50 1833. Jan. 17, 174 James M'Laws, For his fees as clerk of the Superior Court of Richmond county, for furnishing documents to committee appointed to examine into the nature of the charges preferred against Judge Holt, 10 00 1833. Jan. 24, 199 Trus. Heard co. acad. For amount specially appropriated for them by the act of 22d Dec. 1832, 815 00 1833. February 1, 210 Wm. W. Williamson, For an advance to him as commander of the guard for the protection of the Cherokee Indians, 1500 00 1833. February 2, 223 Elisha Wynn, and William Hamilton,[UNK] For amount specially appropriated for them by the act of 22d Dec. 1832, as witnesses in the trial of S. Bogan, 39 00 1833. February 4, 253 William D. Jarratt, For his first quarter salary as inspector of the penitentiary, 56 00 1833. February 4, 254 B. A. White, For his first quarter salary as inspector of the penitentiary, 56 00 1833. February 4, 255 John A. Cuthbert, For his first quarter salary as inspector of the penitentiary, 56 00 1833. February 4, 259 Henry Darnell, For his first quarter pay as keeper of the Legislative halls, 25 00 1833. February 4, 260 Peter Fair, For his first quarter pay as keeper of the Legislative halls, State house clock, 25 00 1833. February 13, 280 John Bethune, Sur.Gen. For the first quarter pay allowed him for clerk hire, by the act of 22d Dec. 1832, 200 00 1833. March 30, 339 A. Willingham, For his services as commissioner to lay out a public road from Decatur to Columbus, 84 00 1833. April 1, 342 Lewis Williams, For his services as commissioner to lay out a public road from Decatur to Columbus, 75 00 1833. April 24, 366 David Shelton adm. c. For amount specially appropriated him by the act of 22d December, 1832, 27 32 1833. May 4, 393 William Grigg, For eleven days attendance as a witness on the part of the State in the trial of Shadrack Bogan, 33 00 1833. May 6, 422 William D. Jarratt, For his second quarter salary as inspector of the penitentiary, 56 00 1833. May 6, 423 Benjamin A. White, For his second quarter salary as inspector of the penitentiary, 56 00 1833. May 6, 424 John A. Cuthbert, For his second quarter salary as inspector of the penitentiary, 56 00 1833. May 6, 425 Henry Darnell, For his second quarter salary as keeper of the Legislative halls, 25 00 1833. May 6, 426 Peter Fair, For his second quarter salary as State house clock, 25 00 1833. May 7, 435 James Simpson, For services as commissioner in laying out a public road from Decatur to Columbus, 75 00 1833. May 7, 436 James Anderson, For services as commissioner in laying out a public road from Decatur to Columbus, 75 00 1833. May 8, 452 John Bethune, For the second quarter pay allowed him for clerk hire by the act of 22d December, 1832, 200 00

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May 11, 465 Wm. W. Williamson, For balance due him on settlement of his account as State's agent and commander of guard for protection of Indians, 110 25 May 15, 474 John Crowell, Jr. For attendance as a witness on the part of the State in the trial of S. Bogan, 9 00 August 5, 562 William D. Jarratt, For his third quarter salary as inspector of the penitentiary, 56 00 August 5, 563 Benamin A. White, For his third quarter salary as inspector of the penitentiary, 56 00 August 5, 564 John A. Cuthbert, For his third quarter salary as inspector of the penitentiary, 56 00 August 5, 565 Henry Darnell, For his third quarter salary as keeper of the Legislative halls, 25 00 August 5, 566 Peter Fair, For his third quarter salary as State house clock, 25 00 August 9, 573 John Bethune, For the third quarter pay allowed him for clerk hire, by the act of 22d December, 1832, 200 00 Nov. 4, 643 William D. Jarratt, For his fourth quarter salary as inspector of the penitentiary, 56 00 Nov. 4, 644 B. A. White, For his fourth quarter salary as inspector of the penitentiary, 56 00 Nov. 4, 645 J. A. Cuthbert, For his fourth quarter salary as inspector of the penitentiary, 56 00 Nov. 4, 646 Henry Darnell, For his fourth quarter salary as keeper of the Legislative chambers, 25 00 Nov. 4, 647 Peter Fair, For his fourth quarter salary as State house clock, 25 00 Nov. 4, 653 John Bethune, For the fourth quarter pay allowed him for clerk hire by the act of 22d December, 1832, 200 00 $ 8,700 60 APPROPRIATION FOR THE SUPPORT OF THE PENITENTIARY, 1833. 1833. Jan. 1, 143 C. C. Mills, P. K. P. For amount appropriated the support of the penitentiary for the year 1833, 2,500 00 $ 2,500 00 APPROPRIATION FOR IMPROVEMENT OF THE PENITENTIARY BUILDINGS, 1833. 1833. April 9, 357 Inspec's Penitentiary, For an advance to them in procuring material, c. in the erection of additional cells, 2000 00 Sep. 24, 590 Inspec's Penitentiary, For an advance to them in procuring material, c. in the erection of additional cells, 3000 00 $ 5000 00

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ROAD AND RIVER FUND, 1832. 1832. Nov. 14, 22 N. B. Powell, For an advance to him as superintendent of the roads and rivers in the western division, 1500 00 Dec. 11, 71 William C. Lyman, For an advance to him as superintendent of the roads and rivers in the eastern division, 2000 00 $3500 00 ROAD AND RIVER FUND, 1833. 1832.Dec. 27, 134 William B. Davis, For an advance to him as superintendent of the public hands stationed at Rail Road creek, 500 00 1833. Jan. 24, 196 N. B. Powell, For an advance to him as superintendent of the public hands stationed at roads and rivers in the western division, 2500 00 February 4, 263 Wm. C. Lyman, For an advance to him as superintendent of the public hands stationed at roads and rivers in the eastern division, 2500 00 March 30, 338 Wm. B. Davis, For an advance to him as superintendent of the public hands stationed at Rail Road creek, 1000 00 April 3, 346 Wm. C. Lyman, For an advance to him as superintendent of the public hands stationed at roads and rivers in the eastern division, 2000 00 May 7, 440 Wm. C. Lyman, For an advance to him as superintendent of the public hands stationed at roads and rivers in the eastern division, 1000 00 May 10, 460 N. B. Powell, For an advance to him as superintendent of the public hands stationed at roads and rivers in the western division, 1500 00 July 3, 513 Wm. C. Lyman, For an advance to him as superintendent of the public hands stationed at roads and rivers in the eastern division, 2500 00 July 16, 527 N. B. Powell, For an advance to him as superintendent of the public hands stationed at roads and rivers in the western division, 1500 00 Sept. 10, 586 W. B. Davis, For an advance to him as superintendent of the public hands stationed at Rail Road creek, 400 00 October 16, 601 Wm. C. Lyman, For an advance to him as superintendent of the public hands stationed at roads and rivers in the eastern division, 2500 00 October 21, 605 N. B. Powell, For an advance to him as superintendent of the public hands stationed at roads and rivers in the western division, 2000 00 $ 19,900 00 PRINTING FUND, 1832. 1832. Nov. 8, 8 C. E. Bartlett, For advertising done for the public in the Columbus Democrat, 20 50 1832. Nov. 12, 12 A. Chase, For advertising done for the public in the Southern Banner, 9 00 1832. Nov. 12, 15 S. Rose Co. For advertising done for the public in the Georgia Messenger, 59 00 1832. Nov. 21, 38 B. H. Robinson, For advertising done for the public in the Rural Cabinet, and for subscription to said paper, 8 37 1832. Nov. 24, 43 M. D. J. Slade, For advertising done for the public in the Times, 43 50 1832. Dec. 13, 76 S. W. Minor, For advertising done for the public in the M'Donough Jacksonian, 9 00 1832. Dec. 17, 90 M. Bartlett, For advertising done for the public in the Macon Telegraph, 48 12 1832. Dec. 19, 99 A. H. Pemberton, For advertising done for the public in the Augusta Chronicle, 10 50 1832. Dec. 20, 103 Wm. A. Mercer, For advertising done for the public in the News, 13 75 1832. Dec. 24, 130 M. D. J. Slade, For advertising done for the public in the Times, 36 50

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1833, Jan. 5, 153 John B. Childers, For advertising done for the public in the Hancock Advertiser, and for subscription to said paper, 11 25 $269 49 PRINTING FUND, 1833. 1833. Jan.14, 167 Polhill Cuthbert, For printing done for the public at the office of the Federal Union, and for advertisements in said paper, 707 12 1833. Jan. 16, 170 Michael Smith, For publishing an act entitling widowers, c. to given in for additional draws in the lotteries, 12 37 February 4, 267 Prince Ragland, For printing documents for the use of the General Assembly, 529 00 February 6, 273 C. E. Bartlett, For printing done for the public in the Columbus Democrat, 31 75 February 12, 279 Polhill Cuthbert, For furnishing eighty-nine counties, the Executive department, and the commissioners of each of the lotteries, with lists of the drawing of the lotteries in conformity with a concurred resolution of the General Assembly, 460 00 March 15, 321 Van Ness, Bethune Cline, For printing done for the public in the Columbus Enquirer, 38 50 March 25, 336 Howell Cobb, For printing done for the public in the Cherokee Intelligencer, 124 35 April 1, 343 Gabriel Capers, For printing done for the public in the Christian Repertory, 9 25 April 4, 349 P. L. Robinson, For printing done for the public in the Standard of Union, 54 77 April 5, 350 S. W. Minor, For printing done for the public in the M'Donough Jacksonian, 49 50 April 6, 354 M. D. J. Slade, For printing done for the public in the Times, 74 75 April 8, 355 Prince Ragland, For printing the laws and journals of 1832, per contract with the Legislature, 3876 00 April 17, 363 Benjamin Brantley, For printing done for the public in the North American Gazette, 27 75 April 27, 371 James N. Bethune, For printing done for the public in the Columbus Enquirer, 63 50 April 30, 374 M. D. J. Slade, For printing nine quires Comptroller General's receipts, 13 50 May 3, 384 S. W. Minor, For his printing account of 1831, (paid in pursuance of Resolution of 22d Dec. 1832), and for printing account, 1833, 201 62

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May 10, 458 M. Bartlett, For printing done for the public in the Macon Telegraph, 103 00 May 10, 459 C. E. Bartlett, For printing done for the public in the Columbus Democrat, 56 00 May 14, 470 P. C. Guieu, For printing done for the public in the Constitutionalist, 34 18 May 15, 475 S. Rose Co. For printing done for the public in the Macon Messenger, 55 50 May 16, 480 C. E. Bartlett, For printing done for the public in the Columbus Democrat, 10 25 May 17, 482 A. H. Pemberton, For printing done for the public in the Augusta Chronicle, 48 12 May 20, 483 Ritchie Cook, For subscription to the Richmond Enquirer for one year, ending 1st Dec. next, 5 00 May 20, 484 George Oates, For subscription to the Niles' Register to March 1834, and National Intelligencer, to 26th August, 1833, 15 00 May 21, 485 Polhill Cuthbert, For job printing done for the Executive and Legislative departments, at the Federal Union, and for advertisement in said papaper, 426 80 May 24, 489 James N. Bethune, For advertising the States' interest in eight lots in the county of Troup, 20 00 May 25, 490 M. D. J. Slade, For printing blanks for the office of Secretary of State, 12 50 June 3, 498 Prince Ragland, For publishing various laws, resolutions proclamations, c. and for printing blanks for the public offices, 1033 37 June 10, 503 Grieve Orme, For printing done for the several departments of government, 578 37 June 10, 502 Grieve Orme, For printing sundry advertisements for the State, between 30th Aug. 1832, and 5th June, 1833, 57 87 July 13, 523 Tomlinson Fort, For printing done for the State at the Federal Union, including printing for the late reduction convention, 395 44 July 27, 531 M. D. J. Slade, For printing blanks for the office of the surveyor general, 15 00 August 19, 578 A. Chase, For printing done for the public in the Southern Banner, to 27th April, 1833, and for subscription, 56 62 August 29, 582 Arnold Bulloch, For printing done for the Savannah Georgian, to 21st Jan. 1833, 62 63 $ 9,259 38

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LAND FUND, 1832. 1832. Nov.27, 46 John Cleghorn, For the balance due him as Surveyor of the 3d district of the 2d section, Cherokee, 1327 37 1832. Nov.27, 47 N. B. Juhan, For his services as one of the lottery commissioners to date, 312 00 1832. Nov.27, 48 R. A. Greene, For the purpose of paying the persons employed in preparing the tickets for the land and gold lotteries, 2430 04 1832. Nov.27, 49 R. A. Beall, For his services as one of the lottery commissioners to date, 312 00 1832. Nov.27, 50 J. B. Beall, For his services as one of the lottery clerks to date, 276 00 1832. Nov.27, 51 S. Bogan, For his services as one of the lottery commissioners to date, 312 00 1832. Nov.27, 52 F. P. Juhan, For his services as one of the lottery clerks, 492 00 1832. Nov.28, 53 Henry Darnell, For his services as one of the lottery door keeper to the lottery commissioners, to 27th inst. 512 00 1832. Nov.28, 54 Orange Greene, For binding and varnishing maps of the several districts in Cherokee, 151 22 1832. Nov.28, 55 William Wright, For the balance due him as surveyor of the 8th district of the 1st section, Cherokee, 802 50 1832. Nov.28, 56 F. T. Tennille, For his services as one of the lottery commissioners to date, 316 00 1832. Nov.28, 57 W. W. Gaither, For his services as one of the lottery clerks, 516 00 Decem. 3, 61 Thomas Rhodes, For his services as one of the lottery commissioners, 52 00 Decem. 3, 63 Young Johnson, For the balance due him as surveyor of the 12th district of the 1st section, Cherokee, 1785 67 Decem. 4, 65 John Hatcher, For the purpose of paying the negroes who were employed in spinning the tickets for the land and gold lotteries 124 00 Decem. 6, 66 Charles Smith, For the balance due him as surveyor of the north half of the 13th district of the 1st section, Cherokee, 702 00 Decem. 11, 70 P. T. Schley, For his services as one of the lottery clerks to date, 412 00 Decem. 12, 72 Wm. W. Carnes, For his services as one of the lottery clerks to date, 200 00 Decem. 12, 73 N. E. Barnett, For balance due him as surveyor of the 1st district of the 2d section, Cherokee, 1343 87

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Decem. 13, 78 John Harris, For his services as one of the lottery clerks, to 10th inst. 84 00 Decem. 15, 83 Thomas M. Harris, For his services as one of the lottery clerks, to 10th inst. 84 00 Decem. 15, 85 M. D. Cullens, For his services as one of the lottery clerks, to 10th inst. 272 00 Decem. 15, 86 A. G. Raiford, For his services as one of the lottery clerks, to 15th inst. 76 00 Decem. 18, 96 L. J. W. Kraatz, For his services as one of the lottery clerks, to 10th inst. 84 00 Decem. 20, 101 Lewis Wynn, For his services as one of the lottery commissioners to 20th inst. 124 00 Decem. 22, 112 R. A. Beall, Sen. For his services as one of the lottery commissioners to 22d inst. 104 00 Decem. 22, 113 W. W. Gaither, For his services as one of the lottery clerks to date, 48 00 Decem. 22, 114 Arthur Foster, For his services in reporting to the Executive department the drawings of the land and gold lotteries, 204 00 Decem. 22, 117 H. S. Rhodes, For his services as one of the lottery clerks to date, 136 00 Decem. 22, 118 Edward Conner, For his services as one of the lottery clerks to date, 136 00 Decem. 22, 119 Peter Solomon, For his services as one of the lottery clerks to date, 136 00 Decem. 22, 121 James Payne, For his services as door keeper to the commissioners of the land lottery, 136 00 Decem. 22, 125 H. L. Sims, For his services as one of the lottery clerks to date, 44 00 Decem. 22, 126 Jesse Cox, For his services as one of the lottery commissioners to date, 136 00 Decem. 24, 129 Charles M'Hugh, For his services as one of the lottery clerks to 10th inst. 208 00 Decem. 31, 140 N. B. Juhan, For his services as one of the lottery commissioners to date, 136 00 Decem. 31, 142 F. P. Juhan, For his services as one of the lottery clerks, 112 00 1833. Jan. 2, 145 Henry Darnell, For his services as doorkeeper to the commissioners of the gold lottery to 31st ult. 136 00 1833. Jan. 2, 147 John Hatcher, For his services as one of the lottery commissioners, 416 00 1833. Jan. 2, 148 P. T. Schley, For his services as one of the lottery clerks to 31st ult. 52 00 1833. Jan. 5, 154 Thomas Rhodes, For his services as one of the lottery commissioners to 22d ult. 76 00 1833. Jan. 5, 155 A. G. Raiford, For his services as one of the lottery clerks to date, 84 00 1833. Jan. 12, 162 Henry Bogan, For his services in drawing tickets from the lottery wheels to 20th ult. 120 00 1833. Jan. 12, 163 Shadrack Bogan, For the balance due him as one of the lottery commissioners, 56 00 1833. Jan. 14, 168 Henry L. Sims, For his services as one of the lottery clerks to date, 60 00 1833. Jan. 24, 195 James Davis, For services in drawing the tickets from the lottery wheels to date, 118 00 1833. Jan. 30, 205 Henry L. Sims, For services as one of the lottery clerks to date, 64 00 February 1, 212 Myles D. Cullens, For services as one of the lottery clerks 31st ult. 184 00 February 1, 214 Jesse Cox, For services as one of the lottery commissioners to 31st ult. 128 00 February 1, 216 N. B. Juhan, For services as one of the lottery commissioners to 31st ult. 124 00 February 1, 217 F. P. Juhan, For services as one of the lottery clerks, 124 00 February 1, 218 A. G. Raiford, For services as one of the lottery clerks, 104 00 February 2, 222 Peter Fair, For preparing lottery tickets for additional draws returned under the act of 22d November, 1832, 67 15

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February 4, 264, R. A. Beall, Sen. For services as one of the lottery commissioners to date, 140 00 February 4, 268 Henry Hagan, For balance due him as surveyor of the 11th district of the 1st section, Cherokee, 1815 00 February 6, 272 Daniel S. Pearce, For his services as one of the lottery clerks to 31st ult. 504 00 February 8, 276 James Payne, For his services as door keeper to the commissioners of the land lottery, 192 00 February 9, 277 Heflin S. Rhodes, For his services as one of the lottery clerks to date, 224 00 February 13, 281 Henry L. Simms, For his services as one of the lottery clerks to date, 56 00 February 14, 282 John Mills, For his services in drawing tickets from the lottery wheels, to 13th inst. 114 00 February 16, 284 Lewis Wynn, For his services as one of the lottery commissioners, to date, 232 00 February 21, 294 H. S. Rhodes, For his services as one of the lottery commissioners, to date, clerks, 20 00 February 26, 299 H. L. Simms, For his services as one of the lottery commissioners, to date, clerks, 84 00 March 1, 301 N. B. Juhan, For his services as one of the lottery commissioners to 28th ult. 112 00 March 2, 302 A. G. Raiford, For his services as one of the lottery commissioners, to 28th ult. clerks, 112 00 March 2, 303 Henry Darnell, For his services as door keeper to the commissioners of the gold lottery, 236 00 March 2, 304 John Hatcher, For his services as one of the lottery commissioners, 264 00 March 2, 305 M. D. Cullens, For his services as one of the lottery commissioners, clerks, 140 00 March 2, 306 F. P. Juhan, For his services as one of the lottery commissioners, clerks, 140 00 March 2, 307 Arthur Foster, For his services as one of the lottery commissioners, 320 00 March 6, 309 William W. Carnes, For his services as one of the lottery commissioners, clerks to date, 324 00 March 9, 315 Jesse Cox, For his services as one of the lottery commissioners, 180 00 March 9, 316 James Payne, For his services as door keeper to the commissioners of the land lottery, 116 00 March 11, 317 Edward Conner, For his services as one of the lottery clerks to date, 316 00 March 16, 324 Wm. W. Carnes, For balance for his services as one of the lottery clerks to date, 44 00 March 16, 326 H. L. Sims, For his services as one of the lottery clerks to date, 72 00 March 16, 327 Peter Solomon, For his services as one of the lottery clerks to date, to 11th inst. 316 00 March 23, 334 P. T. Schley, For his services as one of the lottery clerks to date, 400 00 March 23, 335 William J. Davis, For services of his son, in drawing tickets from the lottery wheels, to completion of the land lottery, 44 00 April 1, 340 N. B. Juhan, For his services as one of the lottery commissioners to 31st ult. 124 00 April 1, 341 F. P. Juhan, For his services as one of the lottery commissioners to 31st ult. clerks, 124 00 April 1, 344 A. G. Raiford, For his services as one of the lottery commissioners to 31st ult. clerks, 124 00 April 2, 345 H. L. Sims, For his services as one of the lottery commissioners to 31st ult. clerks, to date, 68 00 April 3, 347 Henry Darnell, For his services as door keeper to the commissioners of the gold lottery to 31st ult. 124 00

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May 9, 358 John S. Wright, For his services in preparing for the drawing of the land and gold lotteries, 92 00 May 12, 360 Myles D. Cullens, For his services as one of the lottery clerks to 31st ult. 128 00 May 29, 372 Arthur Foster, For his services as one of the lottery commissioners to date, 236 00 May 29, 373 F. T. Tennelle, For his services as one of the lottery commissioners to date, 608 00 May 30, 377 Peter Fair, For preparing tickets from returns for draws in the lotteries made under the act of 22d Nov. last, 6 80 May 1, 379 N. B. Juhan, For his services as one of the lottery commissioners to 30th ult. 120 00 May 1, 380 II. L. Sims, For his services as one of the lottery commissioners to 30th ult. clerks, 112 00 May 1, 381 A. G. Raiford, For his services as one of the lottery commissioners to 30th ult. clerks, 120 00 May 2, 383 John Mills, For his services in drawing tickets from the lottery wheels to date, 156 00 May 3, 385 F. D. Tennille, For his services in drawing tickets from the lottery wheels to date, 386 00 May 4, 386 Myles D. Cullens, For his services as one of the lottery clerks to close of the lottery, 128 00 May 4, 387 F. P. Juhan, For his services as one of the lottery clerks to close of the lottery, 136 00 May 4, 388 D. S. Pearce, For his services as one of the lottery clerks to close of the lottery, 400 00 May 4, 389 John Hatcher, For his services as one of the lottery clerks to close of the lottery, commissioners to date, 264 00 May 4, 390 H. L. Sims, For his services as one of the lottery clerks to the close of the lottery, 16 00 May 4, 391 A. G. Raiford, For his services as one of the lottery clerks to the close of the lottery, 16 00 May 4, 392 Henry Darnell, For services as door keeper to lottery commissioners to date, and for sundry articles of stationary, c. furnished, 149 65 May 7, 438 F. T. Polhill, For services in drawing tickets from the lottery wheels, 182 00 May 11, 466 Arthur Foster, For balance due him for services as one of the lottery commissioners to the 4th inst. 20 00 May 17, 481 Philip T. Schley, For balance due him for services as one of the lottery commissioners to the 4th inst. clerks, 2d inst. 160 00 June 1, 495 Arthur Foster, For his services as one of the lottery commissioners to 31st ult. 48 00 July 6, 516 F. T. Tennille, For his services as one of the lottery commissioners to 31st ult. to 6th inst. 212 00 July 6, 517 N. B. Juhan, For his services as one of the lottery commissioners to 31st ult. to 6th inst. 208 00 July 6, 518 Wm. Searcey, For his services as one of the lottery commissioners to 31st ult. to 6th inst. 692 00 July 6, 519 John Hatcher, For his services as one of the lottery commissioners to 31st ult. to 6th inst. 208 00 July 6, 520 Arthur Foster, For his services as one of the lottery commissioners to 31st ult. to 6th inst. 144 00 $ 28,581 27

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CIVIL ESTABLISHMENT, 1833. 1833. Feb. 4, 224 Wilson Lumpkin, For his first quarter salary as Governor, c. c. 750 00 1833. Feb. 4, 225 James Bozeman, For that part of his first quarter salary as secretatary of the Executive department, 166 66 1833. Feb. 4, 226 John H. Lumpkin, For that part of his first quarter salary as secretatary of the Executive department, 83 33 1833. Feb. 4, 227 R. A. Greene, For his first quarter salary as secretatary of the Executive department, 250 00 1833. Feb. 4, 228 W. J. W. Wellborn, For his first quarter salary as secretatary of the Executive department, 250 00 1833. Feb. 4, 229 E. Hamilton, For his first quarter salary as Secretary of State, 500 00 1833. Feb. 4, 230 John Williams, For his first quarter salary as secretatary of the Treasurer, 500 00 1833. Feb. 4, 231 John Bethune, For his first quarter salary as secretatary of the Surveyor general, 500 00 1833. Feb. 4, 232 T. B. Howard, For his first quarter salary as secretatary of the Comptroller general, 500 00 1833. Feb. 4, 233 J. L. Harris, For his first quarter salary as secretatary of the Secretary of Senate, 150 00 1833. Feb. 4, 234 R. W. Carnes, For his first quarter salary as secretatary of the Clerk of the House of representatives, 150 00 1833. Feb. 4, 235 Wm. H. Crawford, For his first quarter salary as secretatary of the Judge of the Superior courts, 525 00 1833. Feb. 4, 236 Charles Dougherty, For his first quarter salary as secretatary of the Judge of the Superior courts, 525 00 1833. Feb. 4, 237 G. E. Thomas, For his first quarter salary as secretatary of the Judge of the Superior courts, 525 00 1833. Feb. 4, 238 Lott Warren, For his first quarter salary as secretatary of the Judge of the Superior courts, 525 00 1833. Feb. 4, 239 Wm. W. Holt, For his first quarter salary as secretatary of the Judge of the Superior courts, 525 00 1833. Feb. 4, 240 Wm. Law, For his first quarter salary as secretatary of the Judge of the Superior courts, 525 00 1833. Feb. 4, 241 C. B. Strong, For his first quarter salary as secretatary of the Judge of the Superior courts, 525 00 1833. Feb. 4, 242 L. Q. C. Lamar, For his first quarter salary as secretatary of the Judge of the Superior courts, 525 00 1833. Feb. 4, 243 John W. Hooper, For that part of his first quarter salary as secretatary of the Judge of the Superior courts, 350 00 1833. Feb. 4, 244 C. J. Jenkins, For his first quarter salary as secretatary of the Attorney general, 56 25 1833. Feb. 4, 245 Edward Y. Hill, For his first quarter salary as secretatary of the Solicitor general, 56 25 1833. Feb. 4, 246 Daniel Chandler, For his first quarter salary as secretatary of the Solicitor general, 56 25 1833. Feb. 4, 247 Washington Poe, For his first quarter salary as secretatary of the Solicitor general, 56 25 1833. Feb. 4, 248 T. H. Trippe, For his first quarter salary as secretatary of the Solicitor general, 56 25 1833. Feb. 4, 249 J. W. Jackson, For his first quarter salary as secretatary of the Solicitor general, 56 25 1833. Feb. 4, 250 S. F. Miller, For his first quarter salary as secretatary of the Solicitor general, 56 25 1833. Feb. 4, 251 William Ezzard, For that part of his first quarter salary as secretatary of the Solicitor general, 37 50 1833. Feb. 4, 252 J. P. H. Campbell, For his first quarter salary as secretatary of the Solicitor general, 56 25 1833. May 6, 394 Wilson Lumpkin, For his second quarter salary as Governor, c. c. 750 00 1833. May 6, 395 W. J. W. Wellborn, For his second quarter salary as Secretary of the Executive department, 250 00 1833. May 6, 396 R. A. Greene, For his second quarter salary as Secretary of the Executive department, 250 00 1833. May 6, 397 John H. Lumpkin, For his second quarter salary as Secretary of the Executive department, 250 00 1833. May 6, 398 Everard Hamilton, For his second quarter salary as Secretary of State, 500 00 1833. May 6, 399 John Williams, For his second quarter salary as Treasurer, 500 00 1833. May 6, 400 John Bethune, For his second quarter salary as Surveyor general, 500 00 1833. May 6, 401 T. B. Howard, For his second quarter salary as Comptroller general, 500 00 1833. May 6, 402 J. L. Harris, For his second quarter salary as Secretary of Senate, 150 00 1833. May 6, 403 R. W. Carnes, For his second quarter salary as Clerk of the House of representatives, 150 00 1833. May 6, 404 Wm. H. Crawford, For his second quarter salary as Judge of the Superior courts, 525 00 1833. May 6, 405 Charles Dougherty, For his second quarter salary as Judge of the Superior courts, 525 00 1833. May 6, 406 G. E. Thomas, For his second quarter salary as Judge of the Superior courts, 525 00 1833. May 6, 407 Lott Warren, For his second quarter salary as Judge of the Superior courts, 525 00

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1833. May 6, 408 Wm. W. Holt, For his second quarter salary as Judge of the Superior courts, 525 00 1833. May 6, 409 Wm. Law, For his second quarter salary as Judge of the Superior courts, 525 00 1833. May 6, 410 C. B. Strong, For his second quarter salary as Judge of the Superior courts, 525 00 1833. May 6, 411 L. Q. C. Lamar, For his second quarter salary as Judge of the Superior courts, 525 00 1833. May 6, 412 J. W. Hooper, For his second quarter salary as Judge of the Superior courts, 525 00 1833. May 6, 413 Charles J. Jenkins, For his second quarter salary as Attorney general, 56 25 1833. May 6, 414 Edward Y. Hill, For his second quarter salary as Solicitor general, 56 25 1833. May 6, 415 Daniel Chandler, For his second quarter salary as Solicitor general, 56 25 1833. May 6, 416 Washington Poe, For his second quarter salary as Solicitor general, 56 25 1833. May 6, 417 Turner H. Trippe, For his second quarter salary as Solicitor general, 56 25 1833. May 6, 418 Joseph W. Jackson, For his second quarter salary as Solicitor general, 56 25 1833. May 6, 419 Stephen F. Miller, For his second quarter salary as Solicitor general, 56 25 1833. May 6, 420 William Ezzard, For his second quarter salary as Solicitor general, 56 25 1833. May 6, 421 Jas. P. H. Campbell, For his second quarter salary as Solicitor general, 56 25 1833. August 5, 534 Wilson Lumpkin, For his third quarter salary as Governor, c. c. 750 00 1833. August 5, 535 W. J. W. Wellborn, For his third quarter salary as Secretary of the Executive department, 250 00 1833. August 5, 536 R. A. Greene, For his third quarter salary as Secretary of the Executive department, 250 00 1833. August 5, 537 J. H. Lumpkin, For his third quarter salary as Secretary of the Executive department, 250 00 1833. August 5, 538 Everard Hamilton, For his third quarter salary as Secretary of State, 500 00 1833. August 5, 539 John Williams, For his third quarter salary as Treasurer, 500 00 1833. August 5, 540 John Bethune, For his third quarter salary as Surveyor general, 500 00 1833. August 5, 541 T. B. Howard, For his third quarter salary as Comptroller general, 500 00 1833. August 5, 542 J. L. Harris, For his third quarter salary as Secretary of Senate, 150 00 1833. August 5, 543 R. W. Carnes, For his third quarter salary as clerk of the House of Representatives, 150 00 1833. August 5, 544 Wm. H. Crawford, For his third quarter salary as Judge of the Superior courts, 525 00 1833. August 5, 545 Charles Dougherty, For his third quarter salary as Judge of the Superior courts, 525 00 1833. August 5, 546 G. E. Thomas, For his third quarter salary as Judge of the Superior courts, 525 00 1833. August 5, 547 Lott Warren, For his third quarter salary as Judge of the Superior courts, 525 00 1833. August 5, 548 Wm. W. Holt, For his third quarter salary as Judge of the Superior courts, 525 00 1833. August 5, 549 Wm. Law, For his third quarter salary as Judge of the Superior courts, 525 00 1833. August 5, 550 C. B. Strong, For his third quarter salary as Judge of the Superior courts, 525 00 1833. August 5, 551 L. Q. C. Lamar, For his third quarter salary as Judge of the Superior courts, 525 00 1833. August 5, 552 John W. Hooper, For his third quarter salary as Judge of the Superior courts, 525 00 1833. August 5, 553 Charles J. Jenkins, For his third quarter salary as Attorney general, 56 25 1833. August 5, 554 Edward Y. Hill, For his third quarter salary as Solicitor general, 56 25 1833. August 5, 555 Daniel Chandler, For his third quarter salary as Solicitor general, 56 25 1833. August 5, 556 Washington Poe, For his third quarter salary as Solicitor general, 56 25 1833. August 5, 557 Turner H. Trippe, For his third quarter salary as Solicitor general, 56 25 1833. August 5, 558 Wm. H. Stiles, For his third quarter salary as Solicitor general, 56 25 1833. August 5, 559 Stephen F. Miller, For his third quarter salary as Solicitor general, 56 25 1833. August 5, 560 Wm. Ezzard, For his third quarter salary as Solicitor general, 56 55 1833. August 5, 561 J. P. H. Campbell, For his third quarter salary as Solicitor general, 56 25 1833. Nov. 4, 614 Wilson Lumpkin, For his fourth quarter salary as Governor and commander in chief, c. 750 00 1833. Nov. 4, 615 W. J. W. Wellborn, For his fourth quarter salary as Secretary of the Executive department, 250 00 1833. Nov. 4, 616 R. A. Greene, For his fourth quarter salary as Secretary of the Executive department, 250 00 1833. Nov. 4, 617 J. H. Lumpkin, For that part of his fourth quarter salary as Secretary of the Executive department, 83 33 1833. Nov. 4, 618 L. D. Buckner, For that part of his fourth quarter salary as Secretary of the Executive department, 166 67 1833. Nov. 4, 619 E. Hamilton, For that part of his fourth quarter salary as Secretary of State, 500 00 1833. Nov. 4, 620 John Williams, For that part of his fourth quarter salary as Treasurer, 500 00

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1833. Nov. 4, 621 John Bethune, For that part of his fourth quarter salary as Surveyor general, 500 00 1833. Nov. 4, 622 T. B. Howard, For that part of his fourth quarter salary as Comptroller general, 500 00 1833. Nov. 4, 623 J. L. Harris, For that part of his fourth quarter salary as Secretary of Senate, 150 00 1833. Nov. 4, R. W. Carnes, For that part of his fourth quarter salary as clerk of the House of Representatives, 150 00 1833. Nov. 4, 625 William H. Crawford, For that part of his fourth quarter salary as Judge of the Superior courts, 525 00 1833. Nov. 4, 626 C. Dougherty, For that part of his fourth quarter salary as Judge of the Superior courts, 525 00 1833. Nov. 4, 627 G. E. Thomas, For that part of his fourth quarter salary as Judge of the Superior courts, 525 00 1833. Nov. 4, 628 Lott Warren, For that part of his fourth quarter salary as Judge of the Superior courts, 525 00 1833. Nov. 4, 629 W. W. Holt, For that part of his fourth quarter salary as Judge of the Superior courts, 525 00 1833. Nov. 4, 630 W. Law, For that part of his fourth quarter salary as Judge of the Superior courts, 525 00 1833. Nov. 4, 631 C. B. Strong, For that part of his fourth quarter salary as Judge of the Superior courts, 525 00 1833. Nov. 4, 632 L. Q. C. Lamar, For that part of his fourth quarter salary as Judge of the Superior courts, 525 00 1833. Nov. 4, 633 J. W. Hooper, For that part of his fourth quarter salary as Judge of the Superior courts, 525 00 1833. Nov. 4, 634 C. J. Jenkins, For that part of his fourth quarter salary as Attorney General, 56 25 1833. Nov. 4, 635 E. Y. Hill, For that part of his fourth quarter salary as Solicitor General, 56 25 1833. Nov. 4, 636 Daniel Chandler, For that part of his fourth quarter salary as Solicitor General, 56 25 1833. Nov. 4, 637 W. Poe, For that part of his fourth quarter salary as Solicitor General, 56 25 1833. Nov. 4, 638 T. H. Trippe, For that part of his fourth quarter salary as Solicitor General, 56 25 1833. Nov. 4, 639 W. H. Stiles, For that part of his fourth quarter salary as Solicitor General, 56 25 1833. Nov. 4, 640 S. F. Miller, For that part of his fourth quarter salary as Solicitor General, 56 25 1833. Nov. 4, 641 W. Ezzard, For that part of his fourth quarter salary as Solicitor General, 56 25 1833. Nov. 4, 642 J. P. H. Campbell, For that part of his fourth quarter salary as Solicitor General, 56 25 $35,931 24 RECAPITULATION, Drawn chargeable to account of Appropriation for County Academies 21,597 57 Drawn chargeable to account of Poor School Fund 22,380 57 Drawn chargeable to account of Appropriation for the Protection of the Gold Mines 6,534 68 Drawn chargeable to account of Contingent Fund, 1832 3,554 83 Drawn chargeable to account of Contingent Fund, 1833 16,089 58 Drawn chargeable to account of Fund for the Redemption of the Public Debt 1,568 36 Drawn chargeable to account of Military Fund, 1827 2,820 80 Drawn chargeable to account of Special Appropriation, 1832 16,077 47 Drawn chargeable to account of Special Appropriation, 1833 8,700 60 Drawn chargeable to account of Appropriation for the Support of the Penitentiary, 1833 2,500 00 Drawn chargeable to account of Appropriation for the Improvement of the Penitentiary Buildings, 1833 5,000 00 Drawn chargeable to account of Road and River Fund, 1832 3,500 00 Drawn chargeable to account of Road and River Fund, 1833 19,900 00 Drawn chargeable to account of Printing Fund, 1832 269 49 Drawn chargeable to account of Printing Fund, 1833 9,259 38 Drawn chargeable to account of Land Fund, 1832 28,581 27 Drawn chargeable to account of Civil Establishment, 1833 35,931 24 $ 204,265 84 EXECUTIVE DEPARTMENT, GEORGIA, Milledgeville, 4th Nov. 1833. Certified by RHODOM A. GREENE, Secretary.

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CONDITION OF ACADEMIES. County. Name of Academy. Branches of Education. Number of Students. Receipts. Expenditures. On hand. Male. Female. Total. Appling, Baker, Baldwin, Bibb, Lake, Higher branches. 30 177 00 112 37 5 37 No distinction of males and females. Bryan, Bulloch, County, The funds of this academy, amounting to 3235 dollars, is loaned out at interest. Burke, Waynesborough, Higher branches. 19 10 29 220 00 113 18[frac34] 106 81 This academy in a prosperous condition. Butts, Jackson, Higher branches. 15 6 21 423 45 57 50 365 95 Butts, Cool Spring, Various. 22 31 53 No report as to funds. The academy in academy in a prosperous condition. Camden, County, Higher branches. 6 7 13 406 10 336 32 The receipts from this academy arise from notes and bond for a considerable sum. Campbell, County, Various. 38 36 74 184 00 157 50 26 50 This academy in a flourishing condition. Carroll, County, 233 50 From the report it appears that the funds of this county are loaned out. Cass, Chatham, County, Various. 230 2581 44 1390 51 1190 93 The funds of this academy consists in money on hand, bank stock, c. Chatham, Savannah free sch'l, English. 33 57 90 472 98 739 59 There appears to be a small amount due this school from trustees of poor school fund Cherokee, Clark, County, Higher branches. 22 25 47 624 87 491 50 133 37 This academy in a prosperous condition.

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Clark, Salem, 28 22 50 178 50 178 50 No report as to the branches of education. Cobb, Columbia, County, Higher branches. 54 1087 30 187 40 899 90 This academy appears to be in a prosperous condition. Columbia, Oak Hill, Higher branches. 40 200 25 122 18[frac34] 78 06[frac34] No distinction as to males and females. Coweta, Newnan, 70 237 00 227 00 10 00 No report as to the branches of education taught. Crawford, Decatur, De Kalb, County, Higher branches. 50 56 106 550 20 250 20 300 00 The sum as stated on hand is loaned out on interest. Dooly, Early, Blakely, English. 17 5 22 434 53 422 65 11 88 Early, Fort Gaines, English. 10 5 15 450 00 No report as to receipts. Effingham, County, Higher branches. 40 3582 15 3260 29 321 86 This academy has available funds, consisting of bank stock, land, c. to the amount of 19,825 75. Elbert, Elberton Male, Higher branches. 32 32 220 00 213 50 6 50 This academy in a prosperous condition. Elbert, Elberton Female, Various. 44 44 220 00 138 87 82 12 The report from this institution well executed. Emanuel, Fayette, County, Various. 19 18 37 260 00 260 00 This academy in a prosperous condition. Floyd, Forsyth, Franklin, Gilmer,

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Glynn, County, No academy in operation this yearfunds applied to the education of twenty-five poor children. Green, Greensborough, Various. 35 46 81 1394 15 37 75 1356 40 The receipts of this institution consists of cash on hand, notes, tuition dues, c. Green, Lafayette Hall, Higher branches. 45 No money received, consequently none expended. Gwinnett, Laurenceville, English. 59 43 102 546 50 424 62 121 87 This academy in a flourishing condition. Gwinnett, Washington, Higher branches. 40 12 52 268 31 118 00 150 31 An interesting report from this academy. Habersham, Hall, County, Higher branches. 25 790 64 528 29 262 34 No distinction of males and females, otherwise report a good one. Hancock, Sparta, 55 142 12 142 12 None. Hancock, Mount Zion, 111 142 12 Hancock, Powelton, 35 109 87 109 87 Hancock, Farmers, 23 17 40 None. None. No report as to the branches of education taught in the academies from Hancock county. Report otherwise favourable. Harris, Hamilton, 30 30 470 00 This academy has besides the receipts 147 dollars in notes on interest. Harris, Jenkins, Higher branches. 38 16 54 None. None. No receipts, consequently no expenditures. Harris, Union, Various. 34 This academy in a flourishing condition. No report as to funds. Heard, Franklin, 1118 50 709 00 409 50 No report as to students or branches of education taught. Heard, Corinth, Higher branches. 35 14 49 None. None. No money received, consequently none expended. Henry, County, Classics Eng'h. 40 50 90 571 76[frac34] 52 25 519 51[frac34] This academy in a flourishing condition. Houston, Irwin, Jasper, Monticello Union. Various. 45 158 66 769 55 81 71

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Jasper, Hillsboro', Higher branches. 31 24 55 278 17 278 17 Jasper, Constitution Hall, Higher branches. 75 125 00 92 25 32 75 From the reports of the several academies in Jasper county, it is presumable that they are in a prosperous condition. Jackson, Jefferson, Various. 36 24 60 779 83 165 00 674 83 The report from this academy favourable. Jackson, Columbiana, Various. 27 10 37 115 00 100 00 15 00 Jefferson, County, 859 63 No academy in operation at present. Jones, Clinton, Higher branches. 32 1121 34 35 37 1085 97 No distinction of males and females. Laurens, County, 48 801 65 375 00 426 65 Besides there is a considerable amount due for tuition. Lee, Liberty, Walthourville, Various. 33 50 83 226 50 226 50 Fund expended for building female academy. Liberty, Sunbury, 34 32 18 100 68 No report as to the branches of education. Lincoln, Lincolnton, 25 9 34 1192 20 None. 1192 20 Lincoln, Goshen, English. 25 15 40 298 32 149 44 148 89 Lincoln, Double Branch, English. 12 10 22 120 00 None. 120 00 The academies of this county in a prosperous condition. Lowndes, Lumpkin, Madison, County, Various. 22 14 36 196 00 50 00 146 00 Marion, County, 1124 70 No academy edifice in this county. The funds at interest. M'Intosh, County, Various. 30 30 60 1561 32 1303 34 257 98 This academy appears to be in debt to teacher and for lot in Darien. Meriwether, County, 45 993 93 422 16 571 77 This academy in a flourishing condition.

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Monroe, [Illegible Text] Higher branches. 40 30 70 126 00 126 00 None. Monroe, County line, Higher branches. 25 17 42 126 00 62 12 63 87 Monroe, Cullodensville, Higher branches. 80 None. None. None. Monroe, Cicero, English. 32 21 53 282 94 237 12 45 82 Monroe, Mount Vernon, Various. 22 23 45 72 00 54 00 18 00 Monroe, Jackson, English. 32 20 52 126 00 18 01 110 84 The academies in Monroe county appear to be in a prosperous condition. Morgan, Madison male, Higher branches. 40 40 None. None. Morgan, Madison female, Various. 47 47 None. None. Morgan, Evansville, Higher branches. 27 9 36 None. None. Morgan, Oak Grove, Various. 42 18 60 None. None. From the reports of the several academies in Morgan county, they appear to be in a prosperous condition. Muscogee, County, 192 56 192 50 No report as to the number of students. Academy in a prosperous condition. Murray, Newton, County, Higher branches. 60 53 113 1841 60 1727 57 114 03 This academy in a prosperous condition. Newton, Jefferson, Various. 14 17 31 None. None. No money received, consequently none expended. Oglethorpe, Mason, 50 600 00 500 00 100 00 No distinction of males and females. Paulding, Pike, Zebulon, Higher branches. 42 19 61 1701 98 The amount on hand consists in cash on hand, notes, c. Pulaski, County, 1185 00 1136 50 48 50 No report as to students or branches of education taught. Putnam, Eatonton, Higher branches. 35 56 91 296 67 296 67 Putnam, Jefferson, 40 242 70 99 40 143 30 The academies in Putnam county in a prosperous condition. Raban, Randolph, Richmond, County, Higher branches. 300 This academy has a considerable fund in bank dividends, tuition, c.

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Scriven, County, The funds of this institution amount to 2762 dollars, 19 cents. No report as to Students. Stewart, Sumpter, Talbot, Talbotton, Various. 49 49 98 800 00 850 00 Four hundred dollars due the academy for tuition. Talbot, Oak Ridge, Various. 19 20 39 None. None. This academy in a flourishing condition. Talbot, Centerville, English. 27 25 52 No report as to the funds of this academy. Tattnall, Talliaferro, Crawfordville, Higher branches. 54 44 98 1750 33 1006 13 744 134 This academy in a prosperous condition. Thomas, Thomasville, Higher branches. 30 12 42 2134 50 933 93[frac34] 1180 56 Of the amount on hand, 100 dollars is of the Merchants' and Planters' bank, Augusta. Troup, Lagrange Male, Higher branches. 60 60 None. None. No funds received the last year, consequently none expended. Troup, Lagrange Female, Various. 53 53 None. None. Troup, West Point, Various. 25 00 The amount on hand is the dividend of 1831. No money received for 1832-3. Twigg, Oakmulgee, Various. 45 120 50 104 80 15 70 No distinction of males and females. Twigg, Jefferson, Higher branches. 90 211 40 192 17 19 23 Twigg, Slow creek, Various. 32 21 53 108 75 88 12 20 62 Union, Upson, Thomaston, 48 46 94 220 00 214 43[frac34] 5 68[frac34] No report as to the branches of education taught, but it is presumable the higher branches. Upson, Franklin, Higher branches. 27 16 43 53 00 Walton, Social circle, 60 96 25 This sum is of the Merchants' and Planters' bank of Augusta, except $3 25 cents.

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Ware, Warren, Warrenton, Higher branches. 19 22 41 None. None. Warren, Brier creek, Higher branches. 38 21 59 Warren, Monaghan, Higher branches. 23 10 33 28 64[frac34] 18 00 10 64[frac34] Warren, Locust Grove, Higher branches. 47 18 65 None. None. The academies in Warren county, from the reports, appear to be in a prosperous condition. Washington, County, English. 8 12 20 367 00 208 00 159 00 The trustees of this academy report 150 dollars paid to the Danesboro' academy. Washington, Daviston, Various. 13 11 24 70 00 No report as to the receipts of this academy. Washington, Bethlehem, English. 42 21 63 None. None. This academy in a prosperous condition. Wayne, Wilkes, Washington, Higher branches. 42 35 77 268 78 274 83 From the report of this academy, there is a judgment of 726 dollars due against it. Wilkes, Mallorysville, Higher branches. 18 19 37 208 25 85 35 122 90 Wilkinson, County, English. 22 14 36 1191 12 500 00 691 12

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CONDITION OF POOR SCHOOLS. County. Trustee. No. entitled. No. instruct. Branch. of Literat. Receipts. Expenditures. Balance on hand. Appling, John Johnson, 884 09 492 40 392 51[frac34] No report of students in this county. Baker, Baldwin, Bibb, William B. Cone, No report. 172 00 349 00 The fund is in debt to the trustee 77 dollars. Bryan, Wm. English, 997 95 401 95 596 00 Bulloch, Joseph Hagin, 107 No report. 109 00 109 00 No report as to the number educated. Burke, J. G. Baduly, 191 Various. 761 92[frac34] 777 87 15 95 The return from this county is very favourable. Butts, Charles Bailey, 195 50 177 85 20 64 No report as to students. Camden, J. W. Bailey, 73 234 17 167 32 66 85 No return as to the number educated in this county. Campbell, J. M. Butt, 273 87 189 69 83 58 No return as to the number educated. Carroll, W. G. Springer, Not stated. 597 53[frac34] 576 86 20 67 No report as to students in this county. Cass, Chatham, Cherokee, Clark, Columbia, H. W. Massingale, 100 100 No report. 240 00 206 42 33 57 The funds of this county were insufficient to be of much benefit. Cobb, Coweta, J. Vineyard, 104 No report. 244 00 258 30 The return from this county very [Illegible Text]. Crawford, P. M. Calhoun, 163 50 165 87 It appears that the fund is indebted to the trustee a small sum. Decatur, S. Scarborough, No report. 1748 47 1627 41 121 05[frac34] The fund appears to have been well expended. De Kalb, E. B. Reynolds, 238 Not stated. 531 50 531 50 None. No report as to the number entitled to the benefits of this fund. Dooly, Thomas H. Key, Not stated. 1505 97 385 52 1120 45 No report as to students in this county. Early, Effingham, John Charlton, No report. 331 71 158 48 173 23 No report as to the number of students in this county. The funds Elbert, William B. Nelms, Not stated. 686 58[frac34] 628 49 58 09[frac34] [however appear to have been judiciously expended. Emanuel, John Love, Suit has been brought against the former trustee for the collection of the poor school fund of this county. The amount not stated. Fayette, William M`Bride, 111 270 50 270 50 None. No report as to the number entitled to the benefit of the fund. Floyd, Forsyth, Franklin, Thomas King, 306 443 00 443 85 The fund of this county is in debt to the trustee eighty-five cents. Gilmer, Glynn, Green, Thos. W. Grimes, 184 Not stated. 972 99 258 10 714 88[frac34] Six capt. districts failed to make returns. Return well made out. Gwinnett, Chas. W. Rawson, 328 Not stated. 632 57 632 57 None. Habersham, Thos. J. Rusk, 175 940 00 401 89 538 11 Hall, Geo. Haupe, 307 Not stated. 681 45 677 63 3 82 The return from this county is favourable. Hancock, Henry Rogers, 138 Not stated. 336 00 338 95 Balance due trustee 2 dolls. 95 cents. Harris, Heard, P. H. Taylor, 39 Not stated. 87 00 84 00 3 00 The trustee reports no fund paid to this county for 1831. Henry, Amasa Spencer, 312 Not stated. 584 87 596 76 The fund in debt to the trustee 11 dollars 82 cents. Houston, A. A. Morgan, 150 English. 647 50 487 31 160 19 The report from this county much approved of. Irwin, William Slone, 200 36 English. Jasper, Edward Price, Not stated. 385 00 385 00 There is yet due to the teachers of poor children 360 dolls. 48 cents. Jackson, William Cowan, 341 Not stated. 807 00 807 00 The funds of this county appear to have been well expended. Jefferson, Jones, Chas. M`Carthy, 280 Not stated. 365 00 365 00 This return does credit to the trustee. Laurens, Bryan Allen, 314 99[frac34] 245 05 69 95 From the report of the trustee it appears that there is 400 dollars due Lee, [from the estate of Neil Munroe. Liberty, John Shaw, 27 93 00 93 00 There is yet a considerable amount to be paid out for tuition. Lincoln, Wm. Jones, 424 52[frac34] 221 95 202 57 No report as to the number of students from this county. Lowndes, Lumpkin, Madison, Wm. Sanders, 89 English. 253 22[frac34] 255 31[frac34] The fund is indebted to the trustee a small amount.

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Marion, Solomon Wall, English. 109 00 118 04 It appears from the report that there is 9 dolls. 04 cts. due trustee. M`Intosh, Meriwether, Elijah Reeder, 338 00 338 00 No report as to the number of students in this county. Monroe, Elias Beall, 85 572 00 464 00[frac34] 108 00 The report from this county well made out. Montgomery, T. G. M'Farland, 53 Not stated. 2068 67 98 87[frac34] 1969 79 The most of the money on hand is on interest. Morgan, J. W. Porter, 561 75 514 03 47 72 No report as to the number of students in this county. Muscogee, Murray, Newton, L. Hopkins, 158 Not stated. 487 40 487 40 Report from this county well made out. Oglethorpe, W. H. Smith, 137 English. 387 11 387 11 No report as to the number entitled to the benefits of the fund. Paulding, Pike, 531 00 315 10 215 90 Pulaski, Putnam, W. B. Carter, 51 588 21 480 99 107 22 The report from this county well executed. Rabun, Jacob Capehart, 133 English. 149 58 No report as to receipts. Richmond, Randolph, Scriven, 48 English. 130 50 124 25[frac34] 6 23[frac34] The foreman of the grand jury makes this return. Stewart, T. M. Dennis, 42 Not stated. 129 85 129 85 Sumpter, Talbot, Wm. S. Goss, No report. 264 00 265 25 A balance of one dollar twenty-five cents due trustee. Tatnall, Seth Knight, Not stated. 2372 61 37 01[frac34] 2335 59[frac34] The funds of this institution consists of notes, cash, c. One hun- Taliaferro, James O'Neall, Not stated. 183 48[frac34] 183 48[frac34] [dred and fifty-five dollars Macon money, twenty Augusta. Telfair, G. R. M`Call, 104 Not stated. 959 45 202 13 757 32 The funds of this county appear to have been well expended. Thomas, Troup, Henry Perkins, 177 English. 296 00 296 00 The fund is yet in debt to teachers for tuition. Twiggs, Richard Ricks, 28 No report. 119 64[frac34] 61 68[frac34] 57 96 The fund in hand delivered to new trustee. Union, Upson, T. F. Bethel, 77 Not stated. 231 00 231 00 The fund not sufficient to pay teachers. Walton, Jesse Mitchell, 184 English. 745 00 593 35[frac34] 151 64 75 dolls. of the money on hand of the Merchants' and Planters' bank Augusta. Ware, David J. Miller, 79 English. 136 00 234 61 A much greater amount than the receipts appears to have been disbursed. Warren, J. C. Gipson, No report. 382 96 380 99 1 97 The return from the districts not complete. Washington, Sherrod Sessions, 152 No report. 342 50 255 37 87 13 The report from this county is well made out. Wayne, Robert Howe, 48 English. 132 55 99 75 32 80 Wilkes, John H. Dyson, 109 No report. 350 55 350 55 From the report there appears to be due the trustee 43 dols. 55 cts. Wilkinson, V. H. Brazill, No report. 281 00 288 74[frac34] 8 dollars 74[frac34] cents due the trustee.

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COMPTROLLER GENERAL'S OFFICE. Milledgeville, 8 th November, 1833. To the Hon. the President, and Members of Senate. I have the honour herewith to present to the Senate, a statement of the receipts and disbursements at the treasury, during the political year 1833, which is Respectfully submitted. T. B. HOWARD, Comptroller General.

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JOHN WILLIAMS, Treasurer, in account current with the State of Georgia, for receipts and disbursements at the Treasury, during the political year, 1833, viz. from the 31 st October, 1832, to the 31 st October, 1833, inclusive. DR. For amount received on the following accounts to wit: General Tax of 1810, 159 00 General Tax of 1829, 433 03 General Tax of 1830, 710 37 General Tax of 1831, 51,574 97 General Tax of 1832, 2,082 98 State stock, 181,905 10 Vendue tax, 2,572 58 Dividend on Bank stock, 52,275 00 Fund from fees on grants for fractions sold under act of 1822, 131 75 Fund from fees on grants for in fractions sold under act of 1823, 16 00 Fund from fees on grants for in fractions sold under act of 1827, 985 50 Fund from fees on grants land drawn for in fractions sold under act of 1820, 1,065 00 Fund from fees on grants land drawn for in fractions sold under act of 1821, 635 00 Fund from fees on grants land drawn for in fractions sold under act of 1827, 9,992 00 Fund from fees on grants land drawn for in fractions sold under act of 1832, 20,556 00 Fund from fees on grants gold lots fractions sold under act of 1832, 25,560 00 Fund from fees on grants lots and reserves at Macon, 342 00 Fund from fees on grants reverted lots, B. W. and W. 65 00 Fund from fees on grants lots in Macon, 63 75 Fund from fees on grants lots fraudulently drawn, 72 00 Fund from fees on grants lots in the 1st dist. Muscogee, 12 00 Fund from fees on grants lots at Columbus, 432 00 Fund from fees on grants M'Intosh reserves, 4 50 Fund from fees on Grants and testimonials, 691 50 Fund from fees on Copy grants, 134 35 Fund from Tax on Bank stock, 7,223 86 Escheated estates, 112 91 Fund from the sale of lots fraudulently drawn, 2,182 51[frac34] Fund from the sale of lots 1st district Muscogee, 187 60 Fund from the sale of fractions under act of 1830, 152 80 Fund from the sale of lots on the Milledgeville common, 320 00 Fund from the sale of relinquished lots, 150 50 Fund from rent of Indian possessions, Cherokee nation, 207 67 $ 363,009 13[frac34]

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CR. By amount paid to Governor's warrants chargeable to the following accounts to wit: Fund for the redemption of the public debt, 1,568 36 Appropriation for county academies, 21,812 95 Appropriation for the protection of the gold mines, 6,534 68 Appropriation for the penitentiary, 1833, 7,500 00 Poor school fund, 22,380 57 Military fund of 1827, 2,818 46 Civil establishment of 1831, 637 50 Civil establishment of 1832, 9,725 00 Civil establishment of 1833, 25,099 99 Road and river fund of 1832, 4,000 00 Road and river fund of 1833, 19,400 00 Special appropriation of 1832, 16,127 47 Special appropriation of 1833, 8,226 60 Contingent fund of 1832, 4,234 693/4 Contingent fund of 1833, 15,308 87 Printing fund of 1832, 1,758 24 Printing fund of 1833, 9,270 63 Land fund of 1832, 28,581 27 Appropriation for the Legislature, 1833, 61,479 30 $ 266,464 59 By balance, 96,544 54 $ 363,009 133/4 COMPTROLLER GENERAL'S OFFICE, Milledgeville, 8 th Nov. 1833. The foregoing statement is respectfully submitted. T. B. HOWARD, Comptroller General.

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TREASURY DEPARTMENT, Milledgeville, Nov. 8, 1833. The Hon. President, and Members of Senate: Herewith I have the honour to lay before the Honourable Senate of the State of Georgia, an abstract of the receipts and disbursements at the treasury, during the political year 1833. Of the amount remaining on hand the 31st ult. is included ten thousand dollars in stock of the State Bank of Georgia; two thousand seven hundred and eighty-seven dollars seventy-three cents in paper medium, and one thousand and one hundred and twenty-two dollars in bills on the Bank of Macon. Respectfully submitted, JNO. WILLIAMS. Treasurer.

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Statement of the receipts and payments at the Treasury of the State of Georgia, from the 1 st Nov. [Illegible Text], to the 24 th inst. inclusive. DR. For amount received on the following accounts, viz. General tax of 1831, 105 75 General tax of 1832, 23,720 11 Dividend on bank stock, 15,000 00 Tax on bank stock, 281 25 Vendue tax, 25 00 Funds raised by fees on fractions sold 1822-23, 41 75 Funds raised by fees on fractions sold 1827, 72 00 Funds raised by fees on grants for land drawn 1820, 100 00 Funds raised by fees on grants for land drawn 1821, 80 00 Funds raised by fees on grants for land drawn 1827, 1,384 00 Funds raised by fees on grants for land drawn 1832, 648 00 Funds raised by fees on grants for gold lots, 1832, 1,140 00 Funds raised by fees on grants for Macon lots, 13 50 Funds raised by fees on grants for fraudulent lots, 20 00 Funds raised by fees on grants for head rights, 101 00 Funds raised by fees on grants for Columbus lots, 18 00 Funds raised by fees on grants for B. W. W. 10 00 Funds raised by fees on grants for copy grants, 12 00 Funds raised by fees on grants for testimonials, 17 00 Sale of lots fraudulently drawn, 219 05 Sale of lots 1st district Muscogee county, 6 00 43,014 91 14,985 59 28,028 32 CR. By amount of Governor's warrants, charged to the following account, during same time, viz. Appropriation county academies, 966 50 Appropriation special, 1821, 1,000 00 Appropriation special, 1833, 362 00 Contingent fund, 1833, 1,091 23 Printing fund, 1833, 433 86 Military fund, 1827, 288 00 Poor school fund, 206 50 Road and river fund, 1833, 500 00 Civil establishment, 1833, 10,137 50 $14,985 59 TREASURY DEPARTMENT, Milledgeville, 28 th Nov. 1833. Respectfully, JNO. WILLIAMS, Treasurer.