Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia MILLEDGEVILLE: PRINTED BY DENNIS L. RYAN 18081100 English

ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA PASSED AT MILLEDGEVILLE, AT AN ANNUAL SESSION, IN NOVEMBER AND DECEMBER, 1808. 18081100 18081200 PUBLISHED BY AUTHORITY. MILLEDGEVILLE, GEO. PRINTED BY DENNIS L. RYAN. STATE PRINTER. 1809.

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CONTENTS. AN ACT To alter and amend the several Militia Laws of this State, and to organize the Cavalry, 3 For the establishment and support of Military Schools in the several Militia Divisions of this State, to point out the mode of distributing the public arms and to designate the several places within each major-general's command where the same shall be deposited, 11 To appropriate the funds heretofore set apart for the redemption of the public debt, 14 To alleviate the condition of debtors, and to repeal an a[UNK]ct entitled An a[UNK]ct to alleviate the condition of debtors, and afford them temporary relief, passed the 23d of May, 1808, 16 To incorporate the Savannah Poor House and Hospital Society, 19 Amendatory of the seventh se[UNK]ction of the Judiciary a[UNK]ct, passed the 16th day of February, 1799, 22 To point out the mode of rendering void all grants, or other proceedings, founded on false or fraudulent returns, made by persons not entitled to draws in the late Land Lotteries in this State, and to repeal an a[UNK]ct passed at the last General Assembly on that subje[UNK]ct, 24 To alter so much of an a[UNK]ct, entitled, An a[UNK]ct to regulate the pilotage of vessels to and from the several ports of this State, so far as relates to the number of commissioners therein named, for the port of Savannah, 26 Pointing out the duty of Sheriffs, in selling lands under execution, 27 Supplemental to the several Tax Laws of this State, 28 To repeal the ninth se[UNK]ction of an a[UNK]ct to lay out and identify six new counties, out of the counties of Baldwin and Wilkinson, 30 To alter and amend an a[UNK]ct, entitled an a[UNK]ct to repeal an ordinance passed at Augusta the twenty-sixth day of January, one thousand seven hundred and eighty-six, so far as respe[UNK]cts fixing the seat of the University of this State, and an a[UNK]ct for the more full and complete establishment of a public seat of Learning in this State, so far as respe[UNK]cts the appointment of Trustees, passed at Savannah the 27th day of January, one thousand seven hundred and eighty-six, and to appoint a board of Trustees, and to define the board of Visitors, and to fix a permanent seat for the said University, 31

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For the better regulation of Tavern and Shop-keepers and more effe[UNK]ctually to prevent their trading with Slaves, 33 To amend an a[UNK]ct, entitled an a[UNK]ct to organize the counties lying between the rivers Oconee and Ocmulgee, and to form a judicial circuit, 35 To keep open Great Ogechee River and Brier Creek, 36 To regulate Toll-Bridges, Ferries and Turnpike Roads 37 To keep open the main channel of Broad River, from the consluence of the same with the Savannah River, to the mouth of Blue-Stone Creek, 38 Empowering Justices of the Peace with three freeholders, in their several distri[UNK]cts, to bind out to service male free negroes, and persons of color, minors above the age of eight years, to artisans and farmers, 40 To authorise the president and trustees of the Bethesda College, the president of the Union Society, the president of the board of managers of the Savannah Poor House and Hospital Society, the chairman of Commissioners of the Chatham Academy, and the Mayor of the city of Savannah, to dispose of the property of the Bethesda College or Orphan House Estate, for the uses therein mentioned, 42 Authorizing and requiring the conveyance of a lot on the common of Augusta, to certain trustees, and their successors, for the purpose of building a new Church, and to incorporate the trustees of said Church, 44 To code jurisdi[UNK]ction over lands acquired by the United States, for the purpose of cre[UNK]cting fortifications in this State, 46 To amend an a[UNK]ct, authorising Ebenczer Jenckes to ere[UNK]ct a Turnpike Gate on the road leading from Joshua Loper's in the county of Effingham to Savannah, and for other purposes therein contained, 47

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To incorporate the Thespian Society, and Library Company of Augusta, 48 For establishing a Ferry over the River Alatamaha at Fort-Barrington, 50 To divide the county of Laurens, and to form one other new county, 52 To appropriate money for the political year eighteen hundred and nine, 53 To establith a Toll-Bridge on the Apalachie River, 56 To add a part of Camden to Wayne, 57 To incorporate a company for the purpose of opening the Oconee River, and to grant a lottery for that purpose, 59 To authorise the trustees of the Columbia county Academy to establish a lottery, for the purpose of raising the sum of two thousand dollars, for the support of that institution, 60 To repeal an a[UNK]ct, entitled an a[UNK]ct to suspend, for the time therein expressed, the operation of an a[UNK]ct passed the 8th day of December, 1806, entitled an a[UNK]ct to extend the operation of the laws of this State, over the persons refident in Wafford's settlement, and to organize the same, passed 5th December, 1807, 61 To establish a Toll-Bridge at the plantation of John Whitehead, on Little River, in [Illegible Text] county, 62 To incorporate the Episcopal Church in the town of Frederica, called Christ Church. 63 To revise and amend an a[UNK]ct, entitled an a[UNK]ct to alter and amend an a[UNK]ct to relieve certain fortunate drawers in the late Land Lottery, passed at Louisville, on the eighth day of December, eighteen hundred and fix, and an a[UNK]ct passed the 23d day of May, one thousand eight hundred and eight, entitled an a[UNK]ct to alter and amend ana[UNK]ct, entitled an a[UNK]ct to dispose of and distribute the late session of lands, obtained from the Creek nation by the United States, in a treaty concluded at the City of Washington, on the fourteenth day of November, one thousand eigh hundred and five. 66

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To authorise the Trustees of the German Lutheran Congregation at Ebenezer, or their successors in office, to fell the glebe land belonging to said congregation, and for other purposes therein mentioned. 67 To amend an a[UNK]ct to prote[UNK]ct religious societies in their religious duties, passed the 13th day of December, 1792. 68 To make permanent the site of the public buildings for the county of Randolph, at Monticello, 69 To make permanent the seat of the public buildings in the county of Wilkinson. 70 To establish the public, buildings in the county of Morgan. 72 To establish the site of public buildings in the county of Jones, and to appropriate the money arising from the sale of lots. 73 To prevent any person or persons from placing obstru[UNK]ctions in or over the rivers, creeks or water courses of Chatham and Bryan counties, 75 To make permanent the site of the public buildings for the county of Putnam, in the town of Eatonton, to establish and confirm the lines of said county as they now are; and to make valid the proceedings of the commissioners for said county 76 To authorise the justices of the Inferior court of the county of Baldwin tolevy an extra tax, which shall not exceed one half the general tax, for the purpose of building a court-house and jail in said county, and to appoint commissioners to carry the same into effe[UNK]ct. 78 To revise and amend an a[UNK]ct entitled an a[UNK]ct to regulate and keep in repair the public roads, causeways and bridges in the counties of Burke, Jefferson, Richmond, Greene and Morgan, so far as respe[UNK]cts the counties of Greene and Morgan. 79 To extend the limits of the city of Savannah 81 To authorise the justices of the inferior court of the county of [Illegible Text] to appropriate a certain portion of the county tax to the support of the poor. 82 To authorise the justices of the inferior court of Elbert county to appropriate a certain part of the county tax, for the support of the poor of said county. 83

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To amend an a[UNK]ct entitled, an a[UNK]ct to amend the several a[UNK]cts regulating roads in this state, so far as respe[UNK]cts the operation of said a[UNK]cts in the counties of Bryan, Liberty, M`Intosh, Glynn, Camden and Wayne, so far as respe[UNK]cts the county of Wayne. 84 To remove the courts, ele[UNK]ctions and other county business of the county of Telfair. 86 To continue in force for one year the sixteenth section of an a[UNK]ct, to be entitled an a[UNK]ct to amend the several a[UNK]cts regulating roads in this state, so far as respe[UNK]cts the operation of said a[UNK]cts in the counties of Bryan, Liberty, M`Intosh, Glynn, Camden and Wayne. 87 To allow further time to the justices of the inferior court of Elbert county to let the building of the jail of said county. 87 To alter and amend an a[UNK]ct, entitled an a[UNK]ct to appoint commissioners for the purpose of carrying into effe[UNK]ct the building the court-house and jail for the county of Wayne. 88 To amend an a[UNK]ct entitled an a[UNK]ct to incorporate the town of St. Mary's. 89 To extend the town of Greenesborough, and the corporate jurisdi[UNK]ction thereof. 91 To authorize the commissioners of Louisville to lay out in lots, and sell such part of the common of said town as they may think proper, and to appropriate the proceeds of such sales to the use of the Academy of Louisville, 92 To give further time to the purchasers of lots in the town of Milledgeville, so far as it respe[UNK]cts the improvement of said lots, agreeable to an a[UNK]ct passed the 12th day of December, 1804. 93 To regulate the town of Darien, in the county of M`Intosh. 94 To repeal an a[UNK]ct entitled an a[UNK]ct to compel clerks to keep their offices at or within one mile of the court-houses of the respe[UNK]ctive counties in this state, passed at Milledgeville the 7th December, 1807; so far as respe[UNK]cts the county of Washington. 96 To regulate the town of Jefferson in the county of Camden. 97

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To enlarge the limits of the town of Elberton, and to extend the jurisdi[UNK]ction of the corporation thereof. 99 To amend an a[UNK]ct to regulate the town of Carnesville. 101 To repeal an a[UNK]ct, entitled an a[UNK]ct to compel clerks to keep thir offices at or within one mile of the court houses of the respe[UNK]ctive counties in this state; passed at Milledgeville the 7th of December, 1807, so far as respe[UNK]cts the county of Warren. 102 To repeal an a[UNK]ct entitled an a[UNK]ct to compel clerks to keep their offices at the court house of the respective counties, or within one mile thereof, passed 7th of December, 1807, so far as respe[UNK]cts the counties of Wayne, Tattnall, Wilkinson and Laurens, 103 For the relief of John M`Connel and Jas Elmore. 104 For the relief of John Smith, (R. H.) 105 For the relief of David Terrell and John Holliday. 106 For a temporary relief of Cornelius Murphy 107 To vest the real estate of James Alger, late of Chatham county, deceased, in Sarah Alger, his widow, and Preserved Alger, his adopted son, 108 Granting leave to J. Landrum to bring three negroes purchased by him in Virginia, to this state. 109 To alter the name of John Clifton, to that of John Anderson [Illegible Text]. 110 To divorce and seperate Robert Rudolph and Mary his wife. 111 To change the name of Ednev Robertson. 111 To divorce Jesse Corum and Patfy his wife, and for prote[UNK]cting each of them in their respe[UNK]ctive rights 112 To alter the name of Thomas Ryan to that of Thomas Coram. 113 To alter and change the name of Eliza Moriah Dixon to tha of Eliza Moriah Hughes. 114 To secure to Jane Cone, formerly Jane Cason, any property which she may hereafter acquire by deed will or otherwise. 114 To divorce John Fitzpatrick and Elizabeth his wife, 116 To pardon Osborne Randle, 117 To pardon Russel Bailey, 118 To alter and amend the tenth se[UNK]ction of the third article of the Constitution, 121

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ACTS OF THE GENERAL ASSEMBLY, OF THE State of Georgia; PASSED IN NOVEMBER AND DECEMBER 1808. AN ACT To alter and amend the feveral Militia Laws of this state, and to organize the Cavalry. 1. BE it ena[UNK]cted by the Senate and House of Represen atives of the state of Georgia, in General Assembly met, and it is ena[UNK]cted by the authority of the same, That when any vacancy, shall happen by death, resignation or otherwise of any captain, or where any new created distri[UNK]ct shall require [Illegible Text], such officers shall be ele[UNK]cted by the citizens liable to [Illegible Text] arms within such company distri[UNK]ct, under the following rules and and restri[UNK]ctions: The commanding officer of the regiment or battalion shall give at least ten days public notice of the time and place of holding such ele[UNK]ction, and the ele[UNK]ction shall be held under the presidency of two or more of the justices of the county such company may be in, together with two freeholders belonging to said distri[UNK]ct, or a majority of them, who shall receive the ballots of all such citizens of the distri[UNK]ct as aforesaid, and make report thereof, under their hands and seals within thirty days to the commander

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in chief, for the time being, of the persons having the the highest number of votes, together with a state of the poll, and the commander in chief shall within five days after the receipt thereof commission the persons so ele[UNK]cted, and in the interim between the term of such ele[UNK]ction and receiving their commisions, such officers shall be fully authorised to a[UNK]ct in all their fun[UNK]ctions, by brevet from the lieutenant colonel, or in counties containing but one battalion, from the major commandant, upon the officers ele[UNK]cted procuring a certificate from the persons superintending said ele[UNK]ction, that he or they had the highest number of votes at said ele[UNK]ction, provided that such ele[UNK]ction is not protested against by any person having been a candidate; and where any vacancy shall happen by death, resignation or otherwise of any subaltern officer, the captain or commanding officer of the distri[UNK]ct where such vacancy or vacancies shall happen, shall give at least ten days public notice of the time and place of holding such ele[UNK]ction, and shall be held and condu[UNK]cted in the same manner as pointed out by this a[UNK]ct for the ele[UNK]ction of captains; and such officers, when ele[UNK]cted, shall be fully authorised to a[UNK]ct in all their fun[UNK]ctions by brevet, under the same rules and restri[UNK]ctions as pointed out by this a[UNK]ct [Illegible Text] other officers; and when it shall happen in any company distri[UNK]ct that the privates negle[UNK]ct, or refuse to eie[UNK]ct any such officer or officers, to the command, it shall be the duty of the lieutenant colonel commanding the regiment to which they belong, or in counties containing but one battalion, of the major commandant, to nominate a fit and proper person or persons, as the case may require, to take command of said company distri[UNK]ct until such ele[UNK]ction shall be had, and the person or persons ele[UNK]cted are

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commissioned by the commander in chief, or breveted as aforesaid. 2. And be i further ena[UNK]cted, That it shall be the duty of the brigadier generals, within thirty days after receiving information of a vacancy having occurred in any regiment within their respe[UNK]ctive brigades, by death, resignation or otherwise, of the lieutenant colonel commandant, to order a new ele[UNK]ction, and give the then commanding officer of the regiment at least thirty days notice of the time and place, when and where such ele[UNK]ction shall be held, who shall advertise the same at least twenty days before such ele[UNK]ction, at the muster ground in each captain's distri[UNK]ct within such regimental distri[UNK]ct, and such vacancy shall be filled by the commissioned or brevetted officers within such regimental distri[UNK]ct, who will become subje[UNK]ct to the command of such officer, when ele[UNK]cted, under the following rules and restri[UNK]ctions, that is to say--any two or more captains or lieutenants, within such regimental distri[UNK]ct, with two or more justices of the county, (not being themselves candidates) shall preside at, and superintend such ele[UNK]ction; and the said presiding officers civil and military, shall, within thirty days thereafter, certify under their hands and seals, the person or persons having the highest number of votes, which, together with the state of the poll, shall be transmitted to the commander in chief, who shall, within ten days after such transmission, commission the person or personsso ele[UNK]ctedand it shall be the duty of the lieutenant colonel commandant, within thirty days after receiving information of a vacancy having occurred in any battalion distri[UNK]ct, by death, resignation or otherwise, of the major, to order a new ele[UNK]ction, and give the then commanding office [Illegible Text] [Illegible Text]

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battalion at least thirty days notice of the time and place, when and where such election shall be held who shall give public notice of the same at [Illegible Text] twenty days before such ele[UNK]ction, by advertising the same at the muster ground in each captain's district, within such battalion district, and such vacancy shall be filled by the commissioned or [Illegible Text] officers within such battalion district, who will become subject to the command of such officer when electedand any two or more captains or [Illegible Text] within such regimental or battalion district, as the case may be, with two or more of the justices of the county, (not being themselves candidates) shall preside at and superintend said ele[UNK]ctions, and the said presiding officers, civil and military, shall, within thirty days thereafter, certify, under their hands and seals, the person or persons having the highest number of [Illegible Text] which together with the state of the poll, shall be transmitted to the commander in chief; who shall, within ten days after such transmission, commission the person or persons so elected. 3 And be it further ena[UNK]cted, That the commanding officers of companies of every description shall [Illegible Text] [Illegible Text] [Illegible Text] respe[UNK]ctive companies four times, and not [Illegible Text] fix times in time of peace, in every year, at such places within their company distri[UNK]ct, as may be [Illegible Text] convenient to a majority of each company and [Illegible Text] [Illegible Text] times as shall be ordered by the [Illegible Text] officer of such company, and it shall [Illegible Text] [Illegible Text] of all commanding officers of companies, [Illegible Text] and every of their company musters to take an [Illegible Text] account of arms, accoutrements [Illegible Text] [Illegible Text] in [Illegible Text] of each member of his company, and shall add to such account the arms, accoutrements and ammunition in possession of any

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other person who may fall into his company from time to time, and shall make an exa[UNK]ct return of his company to the commanding officer of the regiment or battalion review, in the form which he shall receive from such commanding officer or the the [Illegible Text], which return shall be filed ready to be delivered to the inspe[UNK]ctor as he shall commence the inspe[UNK]ction of each company. 4. And be it further ena[UNK]cted, That all courts of enquiry and courts martial, as pointed out by the [Illegible Text] law of this state, the officers present, who may be highest in grade, shall preside; but where there are two or more of the same grade, the senior officer shall preside, and that all commissioned or brevetted officers shall be entitled to set on regimental and battalion courts of enquiry. 5 And be it further ena[UNK]cted, That on the brigade inspe[UNK]ctor's producing to the brigadier generals a certificate from under the hand of the lieutenant colonel and majors of battalions certifying his services, as having been well and faithfully performed, it shall be the duty of the brigadier generals to certify the same to the commander in chief, who is hereby authorised to pay [Illegible Text] same out of the contingent fund, at the rates of two dollars per day, provided such service does not exceed thirty days in any one year. 6. And be [Illegible Text] further ena[UNK]cted, That company courts of enquiry shall be held on the next muster day after any company muster, to consist of a majority of the commissioned or brevetted officers of said company, and the delinquents or defaulters shall be notified thereof by a sergeant of such company at least five days previous to the meeting of such court; and that all fines colle[UNK]cted by virtue of company courts of enquiry, shall be paid into the hands

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of the paymaster of the regiment, or in counties holding but one battalion, into the hands of the paymaster of such battalion and shall be appropriated in such manner as the regimental or battalion courts of enquiry shall dire[UNK]ct, that it shall be the duty of the captain or commanding officer of each company, annually to lay a fair and corre[UNK]ct return or statement in writing of all proceedings had in such company. courts of enquiry, before the regimental court of enquiry, or in counties holding but one battalion before the battalion court of enquiry. And in case of refusal or negle[UNK]ct of such captain or commanding officers of companies, they shall be fined at the [Illegible Text] of such regimental or battalion court of enquiry. 7. And be it further ena[UNK]cted, That all courts of enquiry shall be competent to take cognizance of such offences under this a[UNK]ct, as shall relate to the fining or imprisonment of the person or persons so charged; whether officers or soldiers. And that the powers of a court martial shall extend solely and exclusively, to trials for disobedience of orders, contempt of any descision of a court of enquiry, mutiny, desertion or the encouragement thereof, and to all such offences as by the [Illegible Text] law of the United States, or articles of war, or the Militia law of this state requires corporal punishment of soldiers or cashering of officers. 8. And be it further ena[UNK]cted, That the [Illegible Text] of cavalry within the several brigades and divisions shall be arranged into one brigade, regiments and squadrons, and that a regiment shall consist of two squadrons and each squadron of not less than two nor more than five troops. 9. And be it further ena[UNK]cted, That a brigadier general to command the whole, shall be appointed

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by the Legislature and commissioned by the governor, who shall dire[UNK]ct such returns to be made to him as are dire[UNK]cted to be made to other officers of the same rank; and that to each division there shall be one regiment of cavalry, and the lieutenant colonel to command the same, shall be appointed by the Legislature and commissioned by the Governor: and to each brigade there shall be one squadrond of cavalry, and the Major to command the same, shall be ele[UNK]cted by all the commissioned or brevetted officers of cavalry within [Illegible Text], as shall become subje[UNK]ct to his command, and that forty days notice shall be given in one or more of the public gazettes within the Militia division where such ele[UNK]ction is to be held, by the lieutenant colonel or Major, of the time and place of holding such ele[UNK]ctions, which shall be condu[UNK]cted, in the same manner and under the same restri[UNK]ctions as are provided for other Militia officers of the same grade. 10. And be it further ena[UNK]cted, That the commander in chief be authorised and empowered to call together by regiments or squadronds, the cavalry thus organized, once in every year for the purpose of being inspe[UNK]cted trained and instur[UNK]cted, by thier brigadier generals or the adjutant general, for a term not exceeding three days at any one meeting. 11. And be it further ena[UNK]cted, That the cavalry shall retain their accustomed priviledges, subje[UNK]ct nevertheless to the usual duties required of them, by the Militia law. 12. And be it further ena[UNK]cted, That it shall be the duty of the several [Illegible Text], to accompany the adjutant genaral at the saveral reviews of inspe[UNK]ction within their respe[UNK]ctive brigades. 13. And be it further enacted, That the commander

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in chief in the annual promulgation of general orders, be impowered to order and dire[UNK]ct such measures as he may deem best calculated to [Illegible Text] more fully into effe[UNK]ct the requisitions and intention of the Militialaw of this state and of the United States. 14 And be it further ena[UNK]cted, That all officer; are permitted to wear lace; and that the uniform [Illegible Text] formerly by the Major Generals of this state, shall be the established uniform of all the general, field, staff, and company officers, of the militia as aforesaid, Cavalry and Artillery [Illegible Text] and that the militia as aforesaid be permitted to wear plain buttons. 15. And be it further ena[UNK]cted, That in all returns of el[UNK]ctions that may be held for any field or company officers, that the number of the regiment, battalion or company distri[UNK]ct shall be expressed. 16. And be it further ena[UNK]cted, That the sixth seventh and fourteenth se[UNK]ctions of the militia [Illegible Text] passed on the 10th day of December, one thousand eight hundred and seven; and the fifth and sixth se[UNK]ctions of the [Illegible Text] law [Illegible Text] on the 23d day of of May, one thousand eight [Illegible Text] and eight, and all parts of the [Illegible Text] a[UNK]cts, that [Illegible Text] [Illegible Text] this a[UNK]ct, be and the same are hereby [Illegible Text] 17. And be it further enacted, That the person who has contra[UNK]cted to print the Laws of the present Session do [Illegible Text] one thousand copies of this a[UNK]ct, and deliver them into the [Illegible Text] Department by the time [Illegible Text] for the [Illegible Text] of the other Laws; for which [Illegible Text] he shall [Illegible Text] the same price per. sheet as is allowed him [Illegible Text] Laws aforesaid, and that his excellency be [Illegible Text] to pay the same out of the contingent [Illegible Text] and it shall be the duty of his Excellency the Governor to distribute the same [Illegible Text] to the number

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of Militia Officers in each county within this state. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 17th December, 1808. AN ACT For the establishment and support of Military Schools in the several Militia divisions of this state, to point out the mode of distributing the public arms and to designate the several places within each majorgeneral's command where the same shall be deposited. WHEREAS, from full and sufficient experience it is evident, that our present Militia system is inadequate to bring about that state of organization, order, and discipline, which the exigences of the present crisis of our national affairs require, and which at all times ought to be one of the first wishes of an independent nation. Be it therefore enacted by the Senate and House of Representatives of the state of Georgia in General Assembly met, That there shall be established within the state, military institutions for the instru[UNK]ction and

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information of all officers who may think proper to attend them, at the most convenient places near the centre of the first and second brigades, and the second, third and fourth divisions. 2. And be it further enacted That the exercises at these institutions shall be condu[UNK]cted under the superintendence and dire[UNK]ction of the adjutant-general, and (when circumstances will permit) shall embrace every principle and duty conne[UNK]cted with the complete initru[UNK]ction of an officer and a foldier, and shall continue at each place for a period not less than one, nor more than two weeks, once in every year. 3. And be it further enacted, That the sum of one dollar and fifty cents, be allowed daily to one drummer and fiser each whilst in a[UNK]ctual service, their accounts to be certified by the adjutant-general, their duty shall be to attend the schools for the purpose of instru[UNK]cting all boys who may be sent thither, in corre[UNK]ct principles of military music, and that they shall likewife attend the adjutant general in his annual tour throughout the state. 4. And be it further enacted, That all officers and other persons who may attend these institutions shall be governed by such rules, regulations and restri[UNK]ctions as the general officers present and the adjutant general may adopt and dire[UNK]ct. 5. And be it further enacted, That the commander in chief be empowered to have delivered from the public arsenal to the respe[UNK]ctive major generals all the arms and accoutrements therein contained, in proportion to the number of men in each division, and shall make such arrangements and disposition as he may think best calculated to keep them safe, and at all times in good order, at or near the centre of each brigade or division for the use, as occasion

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may require, of the officers at the Military Schools, and the volunteers that may be raised in obedience to the requisition of the President of the United States: Provided, That such arms shall not be delivered out of the respe[UNK]ctive places of deposit on any other occasion than for immediate use as contemplated by this act; and that the officer or officers having the command while such arms are in use shall be compelled to see them safely returned to the place of deposit. 6. Andbeit further enacted, That the commander in chief, for the same use and purpose as expressed in the foregoing section, be empowered to contract, in any way he may deem most adviseable, for a number of tents for two regiments (officers included) complete with hammers, pins, poles, and of the size, description and stile of those which are now used by the army of the United States. 7. And [Illegible Text] it further enacted, That the respective major generals shall appoint some fit and proper person or persons to take charge of the arms deposited in their respective divisions; who shall give bond and security to his excellency the governor for the faithful discharge of their duties in a sum equal to double the amount of the value of arms and accoutrements so to be deposited. Benjamin Whitaker, Speaker of the House of [Illegible Text] Henry Mitchell, President of [Illegible Text] Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808.

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AN ACT To appropriate the funds heretofore set apart for the redemption of the Public Debt. WHEREAS by an A[UNK]ct of the general Assembly passed the 26th of June 1806, entitled an A[UNK]ct to dispose of and distribute the late cession of Lands obtained from the Creek Nation by the U. States in a treaty concluded at the City of Washington the 14th day of November 1805; it is among other thing ena[UNK]cted, That the Fra[UNK]ctional parts of Surveys which may be created by the natural or artificial boundaries of said Territory, shall be set apart for the Redemption of the Public Debt under the dire[UNK]ction of a future Legislature. And whereas the aforesaid fund is now becoming produ[UNK]ctive, and a considerable part of the monies due and owing to the state for such Fra[UNK]ctional Surveys, have and will speedily become due; and the Legislature having failed to make such arrangement of the said fund as to enable the proper officers to carry the intentions of the aforesaid a[UNK]ct into effe[UNK]ct, 1 BE it therefore ena[UNK]cted by the Senate and House of Representatives of the state of Georgia in General Assembly met and by the authority of the same, That the Treasurer, under the immediate dire[UNK]ction of his Excellency the Governor for the time being, shall and he is hereby authorised and dire[UNK]cted to receive at the Treasury Office, in payment for such monies as are or hereafter may become due on bonds taken and deposited in the Treasury Office, for the aforesaid Fra[UNK]ctional Surveys, certificates or out standing evidences of the debt of this State, at and after the following rates, to wit:Audited certificates

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and Governor's warrants, commonly called warrants of anticipation, at one eighth of their nominal value, President's and Speaker's warrants issued since the year 1789; gratuitous certificates, funded certificates, with seven years interest added thereto after the rate of seven per cent, per annum, and Governor's warrants issued fince the year 1789, at their nominal value, and bounty land warrants issued to the late state troops, amounting in the whole to Three Hundred and Eighty-Five Thousand, Five Hundred and Ten Acres, at and after the rate of thirty one and a quarter cents per acre. 2. And be it further ena[UNK]cted by the authority aforesaid, That the sum of fifty-five thousand dollars of the money arising from payments on the aforesaid bonds, shall be and the same is set apart and appropriated annually and every year for the redemtion of the aforefaid outstanding evidences of the debt of this state Provided, such sum shall be annually received at the treasury, and his Excellency the Governor for the time being is hereby authorised and empowered to issue to the holder or holders of certificates of any of the aforesaid denominations, reduced as before dire[UNK]cted by warrant on the the treasury for the amount of his, her or their claim, reduced as aforesaid, payable cut of any money arising from payments made to the Treasury for the aforesaid fra[UNK]ctional surveys. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 2d December, 1808,

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AN ACT To alleviate the condition of Debtors, and to repeal an a[UNK]ct entitled An a[UNK]ct to alleviate the condition of debtors, and afford them temporary relief, passed the 23d of May, 1808: 1. BE it ena[UNK]cted by the Sexate and House of Representatives in General Assembly met, and by the authority of the same, That on all judgements that have been heretofore recovered, or that may hereafter be recovered in the Superior or Inferior Courts of the several counties, or in the Justices Courts, or other Courts of inferior jurisdiction, the defendant, or defendants, may stay execution for and during the period of the continuation of this law, by entering good and sufficient freehold security, of the county in the Clerk's office of such Court, or with the Justice, as the case may be, for the ultimate payment of the debt, cost and interst, and upon one third part of the judgement, and one-third part of the cost. 2. And be it further ena[UNK]cted, That where execution has issued on judgments already had and obtained, or that may be had and obtained after the passing of this law, the defendant, or defendants, may stop the sale of property, under such execution, upon paying one-third of the amount of such execution, and by entering good and sufficient freehold security within the county to the Sheriff, Coroner or Justice, as the case may be, for the ultimate payment of the balance of the judgement, interest and cost at the expiration of the time for which this law was passed, and all the property of the security shall

Page 17

be bound for the balance of the execution and redelivery of the property at the expiration of the time for which this law was passed, and in case the said property shall not be delivered, all the property of the security shall be bound and be subje[UNK]ct to the said execution. 3. And be it further ena[UNK]cted, That this law shall not extend, to prevent the recovery of taxes, to torts or wrongs, or to fines infli[UNK]cted by the proper authority. 4. And be it further ena[UNK]cted, That no conveyance or sale of any property after security entered, belonging to the defendant, or his securities, shall defeat the lien in favor of the plaintiff. 5. And be it further ena[UNK]cted, That all judgements shall bear interest. 6. And be it further ena[UNK]cted, That this law shall continue and be in full force and effe[UNK]ct until the 25th day of December, 1809. 7. And be it further ena[UNK]cted, That no Court-officer, or officers, shall be permitted to enter into any rule so as to authorize them to receive any other cost than the one third, as pointed out by the above recited a[UNK]ct until its final colle[UNK]ction. 8 And be it further ena[UNK]cted, That in all cases where the debtor will pay one-third of the debt due to his, her or their creditor or creditors, and give good security, for the payment of the balance, shall exonerate them from being sued during the continuation of this a[UNK]ct. 9. And be it further ena[UNK]cted, That the Treasurer shall not be authorized to issue his execution against any purchaser of fra[UNK]ctional surveys for more than one third of his, her or their bonds when such aforesaid debt shall become due, any law to the contrary notwithstanding.

Page 18

10. And be it further ena[UNK]cted, That no ca. sa. shall issue during the continuation of this a[UNK]ct, nor shall any already issued be executed or a[UNK]cted on Provided, the defendants in judgment shall comply with the requisitions of this a[UNK]ct. 11. And be it further enacted, That the a[UNK]ct passed the 23d day of May last, entitled an a[UNK]ct to alleviate the condition of debtors, and afford them temporary relief, be, and the same is hereby repealed. 12. And be it further ena[UNK]cted, That if any security taken in virtue of this a[UNK]ct hath good grounds to believe that the defendant for whom he is or may be bound hath removed or absconded, or is about to remove or abscond from the county, and makes oath thereof before any justice of the peace, may proceed against his, her or their principal, as in cases of attachment. Benjamin Whitaker. Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 21st Dec. 1808.

Page 19

AN ACT To incorporate the Savannah Poor-House and Hospital society. WHEREAS, it appears from the joint memorial of the Justices of the Inferior Court of Chatham county, and of the Mayor and Aldermen of the city of Savannah, that the county of Chatham containing within its limits a commercial city, much reforted to by the citizens of this State, and adventurers from the different parts of the world, is exposed to the burthen of those affli[UNK]cted with poverty, disease, and infirmity, in a much greater degree than the other counties of this State; that no adequate provision has yet been made for their succour and support in times of accident, sickness, and distress; that the said Justices and Mayor and Aldermen aforesaid, have united their efforts in commencing an establishment for alleviating the condition of the poor, sick, and infirm, of all descriptions, whom Providence may cast upon their prote[UNK]ction, and have accepted the offer of the Faculty, who have proffered their medical services promptly and gratuitously; and that a number of respe[UNK]ctable citizens of the city and county aforesaid, have, with benevolent and disinterested views, subscribed liberally for the support of a Poor-House and Hospital, and there is a prospe[UNK]ct of further considerable donations from many other humane and benevolent persons: THEREFORE, for the purpose of promoting and encouraging the above-mentioned humane, laudable, and necessary institution, Be it ena[UNK]cted by the Senate, and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same it is hereby enacted, That William Smith,

Page 20

Edward Harden, John P. Williamson, Edward Stebbins, William Stephens, John Miller, Joseph Habersham, William Woodbridge, Hugh M'Cail, Richard Wayne, senior, Gordon I. Seymour, Philip D. Woolhopter, George Anderson, Jeremiah Cuyler, Lemuel Kollock, William Parker, John Grimes, John Lawson, William Cocke, Thomas Schley, Oliver Sturges, John Hunter, Alexander Hunter, Abraham Richards, Silus Richards, Benjamin Burroughs, James Johnson, junior, John Caig, Andrew Knox, Benjamin [Illegible Text] William Taylor, William Scarbrough, junior, Eleazer Hand, Joshua E. White, Steele White, Ebenezer Stark, Francis H. Macleod, George Harrel, Robert Mitchell, Fyngal T. Flyming, Joseph Curruthers, * * * Ogden, * * * Baker, James Dixon, Nathaniel G. Rutherford, Catherine Grimes, Henrietta Trezevant, Ann Rutherford, Morris Miller, Benjamin Wall, Adam Cope, Benjamin Ansley, John Shellman, Thomas Rice, James Marshall, David Taylor, Charles Machin, Samuel Barnett, John Bacon, Philip Box, John B. Mars, Henry Harden, Howard, Phelps, William Gaston, Joseph Davis, David Leion, Zachariah Miller, Benjamin Story, John H. Deubell, C. H. Fisher, George Dantzman, James Bilbo, James T. Coit, John Macpherson Berrien, Joseph Bryan, Thomas Telfair, and Francis Curvoisie, senior, and such other persons as shall become members of the corporation hereby ere[UNK]cted, by subscribing and paying annually into the Treasury thereof the sum of ten dollars, shall be, and they are hereby declared to be a Body Corporate in name, and in deed, by the style and denomination of the Savannah Poor House, and Hospital Society, and by the said name and style, shall have perpetual succession of officers and members,

Page 21

and a common Seal to use, and shall have full power to make, alter, amend, and change such bye laws as may be agreed on by the members of the same; provided such bye laws be not repugnant to the laws or constitution of this State, nor of the United States. 2. And be it further enacted by the authority aforesaid, That they shall have full power and authority, under the style and name of the Savannah Poor House and Hospital Society, by which name they shall sue, and be sued, in any courts of law or equity in this State, and to take, and to hold and enjoy real and personal property, to sue for, and recover all such sum or sums of money as now are, or hereafter may become due to the said Society, at any court of law or equity, or at any tribunal having jurisdi[UNK]ction thereof, and the rights and privileges of the said Society in any court, or at any tribunal whatever, to defend, and also [Illegible Text] receive, take, and apply, such bequests or donations, as 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 of a Society of people, incorporated for the purposes and intentions of their laudable institution. 3. And be it further ena[UNK]cted, by the authority aforesaid, That for the purpose of carrying fully into effe[UNK]ct the benevolent designs of the aforesaid institution, there shall be twelve managers of the said Poor-House and Hospital, from whom there shall be taken a President, a Treasurer, and a Secretary; all of which officers, viz [Illegible Text], managers, treasurer and secretary shall be chosen by the members of the corporation, or their successors, or as many of them as shall assemble at the hospital; or

Page 22

at any other convenient place according to notification on the first Monday in January in each year, when a majority of those present shall have power to ele[UNK]ct by ballot or otherwise, as may be dire[UNK]cted by the bye-laws of said corporation. The board of managers, thus ele[UNK]cted, shall have power to choose six or more Physicians and Surgeons to attend the Institution, after such manner as they may dire[UNK]ct. 4 And be it further ena[UNK]cted by the authority aforesaid, That in order to aid in promoting a scheme so benevolent and humane, the said Poor-House and Hospital society, be, and they are hereby invested with the use and appropriation of the poor tax of the county of Chatham, and of the [Illegible Text] property that may accrue in said county, under the same rules, regulations and restri[UNK]ctions, and with the same reservations as to the right of [Illegible Text] of the deceased, as property escheated is held by the stateany thing in the escheat laws of force in this state, to the contrary notwithstanding. Benjamin Whitaker, Speaker of the House of [Illegible Text]. Henry Mitchell, President of the [Illegible Text] Executive Department, Georgia. Jared Irwin, Governor. Assented to, 10th December, 1808. AN ACT Amendatory of theseventh se[UNK]ction of the Judiciary a[UNK]ct, passed the 16th day of February, 1799. WHEREAS, instances are frequent of notorious felons and others escaping from justice, from

Page 23

a defe[UNK]ct of legal precision, and a want of technical form in the mittimus, to the great injury of the community, for remedy whereof, [Illegible Text] [Illegible Text] ena[UNK]cted by the Senate and House of [Illegible Text] of the State of Georgia, in General Assembly [Illegible Text] and by the authority of the same, That when a [Illegible Text] or other person, charged with the commission of a crime, shall have been committed to jail, and shall be brought up before a judge of the Superior Court, or justice, or justices of the Inferior Court, by writ of habeas corpus, he, she, or they shall not be admitted to bail, or discharged from [Illegible Text], merely by reason of such defe[UNK]ct of legal [Illegible Text], or want of technical form in the mittimus as a foresaid, but the court shall, in all such cases, proceed and determine as if the said mittimus had all the legal and technical formany law or usage to the contrary notwithstanding. Provided, the felony or other crime of which he, she, or they are [Illegible Text], together with the time and place, when and where such felony or other crime have been committed, shall be plainly and clearly set [Illegible Text] in the said mittimus. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808.

Page 24

AN ACT To point out the mode of rendering void all grants, or other proceedings, founded on salfe or fraudulent returns, made by persons not entitled to draws in the late Land Lotteries in this state, and to repeal an a[UNK]ct passed at the last general assembly on that subje[UNK]ct. 1. BE it ena[UNK]cted by the [Illegible Text] and House of Representatives of the state of Georgia in general assembly met, That from and after the passing of this a[UNK]ct it shall be the duty of the clerks of the superior courts whenever application is made for that purpose, to issue a [Illegible Text] facias, in the name of the Governor, for the time being, and his successors in office, against any person or persons who may be charged with having made false or fraudulent returns, for the purpose of obtaining draws in the late land [Illegible Text] of this state, which sci. fa. shall fully, distin[UNK]ctly and clearly set forth the grounds of the charge or charges, and shall be served on the defendant if within the county, wherein such fraudulent return was made, twenty days before the meeting of the court to which the writ may be returnable; if not within the county, a notice shall be published in one of the Gazettes in the judicial circuit, at least [Illegible Text] months, requiring all persons having any interest in the land in question to come forward and make themselves parties in the cause, and to answer the allegations, and shew cause if any they have, why the proceedings which may have been had under the false or fraudulent return or returns, or the grant itself,

Page 25

if the grant is issued, shall not be set aside and made void. 2. And be it further ena[UNK]cted, That where a jury shall, in any such case returna verdi[UNK]ct for the state, it shall be the duty of the presiding judge of the court to grant a judgment or order thereupon, declaring that all proceedings that may have taken place in consequence of the false or fraudulent return, or the grant, if the same has been issued, are set aside, as fully as if such proceedings or grants had never been had or obtainedand it shall be the duty of of the clerk of the court to give out a certified copy of the whole record to the prosecutor, or his or her attorney, whose duty it shall be to lodge the same with the secretary of state within sixty days [Illegible Text] 3. And be further ena[UNK]cted, That all suits or a[UNK]ctions to be commenced under the provisions contained in this a[UNK]ct, shall be commenced within one year from the passing of this a[UNK]ct, and not after. 4. And be it further ena[UNK]cted, That in all such cases the burthen of the preof shall rest with the state, or the person prosecuting in behalf of the state. 5. And be it further ena[UNK]cted, That any person or persons who may prosecute in behalf of the state, as aforesaid, and obtain an order for setting aside any proceedings or grants as aforesaid, shall be entitled to one half of the lands, which shall be laid off to him by the surveyor of the county according to quantity and quality, and the part to be reserved for the state, shall be decided by lot, in a fair and equal mannerProvided that all costs attendant on the cause, shall be paid by the prosecutor. 6. And be it further ena[UNK]cted, That the a[UNK]ct passed on the tenth day of December last, entitled `an

Page 26

a[UNK]ct to point out the mode, and punish such persons as have made fraudulent returns under the former laws disposing of the territory lately acquired from Creek Nation,' be, and the same is hereby repealed. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department Georgia, Jared Irwin, Governor. Assented to, December 22d, 1808. AN ACT, To alter so much of an a[UNK]ct, entitled, an a[UNK]ct to regulate the pilotage of vessels to and from the several ports of this state, so far as relates to the number of commissioners therein named, for the port of Savannah. WHEREAS the aforecited a[UNK]ct limits the number of commissioners for the port of Savannah to five, and from experience they have been found too few; for remedy whereof, 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in general assembly met, and by the authority of the same, That the several persons herein after named, be, and are hereby appointed commissioners of Pilotage for the port of Savannah, viz: John P. Williamson, John

Page 27

Cummings, John H. Morel, John Bolton, James Johnson, George Anderson, Andrew Knox, Francis Dovle, and John Y. White; three of each respectively are hereby declared to be a quorumprovided such three constitute a majority of such commissioners as may be at the time within the limits of Savannah; which said commissioners are hereby declared to be fully vested with all the powers and authority as recited in the a[UNK]ct, entitled `an a[UNK]ct to regulate the pilotage of vessels to and from the several ports of this State' passed on the 6th day of December, 1799, and so much of said a[UNK]ct as relates to the number of commissioners, be, and is hereby repealed. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 30th November, 1808. AN ACT Pointing out the duty of Sheriffs, in selling Lands under execution. 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That it shall hereafter be the duty of the Sheriffs of the several counties in this State, when they levy any execution on land, to leave a written notice of the said levy with the owner, if

Page 28

in the county, or tenant in possession if any, or transmit the same to him, her, or them, in five days after such levy. 2. And be it further ena[UNK]cted, That it shall not hereafter be lawful for any Sheriff within this State, to levy upon, or sell any land which lies out of the counties of which he is Sheriff, any thing in any law to the contrary notwithstanding 3. And be it further ena[UNK]cted, That it shall be the duty of the Sheriffs aforesaid, to advertise their sales in some public gazette, within the judicial circuit, where such sales are intended to be made; provided there is such a gazette within the fame. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. Supplemental to the several Tax Laws of this state. AN ACT 1 BE it enacted by the General Assembly of the State of Georgia, That in all cases where the owners of taxable property shall be in default for one or more years, and such property hath not been seized or sold, that it shall be lawful for the owner or owners thereof, his her or their agent or attorney to make a return thereof to the Clerk of the Inferior Court, where such defaulter or defaulters, his, her [Illegible Text] their agent or attorney may reside, and it shall be ohe duty of such Clerk to enter the same in the

Page 29

book [Illegible Text] digest of the taxes of the year when such return shall be made, and to furnish the colle[UNK]ctor of such year with a copy thereof, whose duty it shall be to receive the amount of such Taxes and pay the same over to the Treasurer of this state on or before the day of closing his accounts [Illegible Text] that year. 2. And be it further enacted, That there shall be levied and colle[UNK]cted five per centum on the amount of sale of all Lottery Tickets in Lottery Schemes [Illegible Text] other states, sold or disposed of in this state, for which the person or persons making sale of tickets shall be answerable. 3. And be it further enacted That it shall be the duty of clerks of the several courts where property shall have been or may hereafter be returned by defaulters, to transmit a copy thereof to the Comptroller-General, on or before the first day of O[UNK]ctober in each and every year; and also to furnish the tax colle[UNK]ctor for the time being with a copy of all such returns as have been made and not heretofore transmitted, as well as those which may hereafter be made; and it shall be the duty of the colle[UNK]ctor for the time being to receive and pay over as aforesaid, all such monies as may appear to be due on such returns; any law to the contrary notwithstanding: Provided such property has not been assessed with double tax, or noted by the proper officers as being in default: And provided also, That such returns and payment [Illegible Text] taxes shall not be construed to effe[UNK]ct any seizure or sale that has been, or hereafter may be made. 4. And be it further ena[UNK]cted, That the said clerks shall be entitled to receive the sum of fifty

Page 30

cents for each year on every return so to be made as aforesaid, to be paid by each defaulter. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT To repeal a part of the ninth se[UNK]ction of an a[UNK]ct to lay out and identify six new counties, out of the counties of Baldwin and Wilkinson. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, That [Illegible Text] much of the above recited a[UNK]ct as authorises the holding the Courts for the county of Baldwin at the State House in Milledgeville, be and the same is hereby repealed. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808,

Page 31

AN ACT To alter and amend an a[UNK]ct entitled an a[UNK]ct to repeal an ordinance passed at Augusta the twenty-sixth day of January one thousand seven hundred and eighty-six, so far as respe[UNK]cts fixing the seat of the University of this state, and an a[UNK]ct for the more full and complete, establishment of a public seat of Learning in this state, so far as respe[UNK]cts the appointment of Trustees, passed at Savannah the twenty-seventh day of January one thousand, seven hundred and eighty-six, and to appoint a board of Trustees, and to define the Board of Visitors, and to fix a permanent seat for the said University. WHEREAS, it hath been found inexpedient for the Senatus Academicus to convene in the State-House, during the sitting of the General Assembly, as their meetings at such time tends to interrupt legislative deliberationsand whereas it will be inconvenient for the Senators from the several counties in this state to convene at the University, to perform the duties assigned for the Board of Visitorsfor remedy whereof,

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1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from, and immediately after the passing of this a[UNK]ct, that his Excellency the Governor, the judges of the superior courts, the president of senate, and speaker of the house of representatives, shall form and compose the Board of Visitors. 2. And be it further ena[UNK]cted, That the Senatus Academicus shall meet annually on the first Monday in August, at Franklin college, at which time and place the Board of Trustees shall lay before the Senatus Academicus a full and corre[UNK]ct statement of all their funds, accounts and expenditures, up to the first day of August in each year and shall also lay before the General Assembly at their annual meeting, yearly and every year, a full and corre[UNK]ct statement of all their a[UNK]ctings and doings, touching the affairs of the said university. 3. And Whereas, The board of Trustees hath heretofore consisted of the number of thirteen, which number is deemed to be too unwieldy and expensive; for remedy whereof Be it further enacted, and it is hereby provided, That in case any vacancy shall hereafter happen in the said board, it shall not be lawful for the Trustees to fill such vacancy until their number shall be reduced to seven, which number shall compose the board of Trustees, and be vested with all the powers as is pointed out in the above recited a[UNK]cts as heretofore in force; which board, or a majority of them, in such case shall be competent to do and

Page 33

perform all the duties assigned to the board of [Illegible Text] of the University of Georgia. Benjamin Whitaker. Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d Dec. 1808. AN ACT For the better regulation of Tavern and Shop-keepers, and more effectually to prevent their trading with slaves. WHEREAS it has been the custom with tavern keepers and retailers of merchandize, under the denomination of shop-keepers, to encourage the slaves of the citizens of this State, to sell unto them a quantity of provisions and other commodities, and in return, to pay unto them spirituous liquors, c. without the consent or licence of the owner, or owners of such slave, or slaves, by which the owners of such slaves are, and may be, great sufferers, should such pernicious pra[UNK]ctices continue, 1. BE it therefore ena[UNK]cted, by the Senate and House of Representatives of the State of Georgia, in general assembly met, That from and after [Illegible Text] [Illegible Text] day of April next, any personor persons [Illegible Text] to keep a store, shop or tavern, and are retailers of spirituous liquors and other commodities, by which a former a[UNK]ct obliges them to take out licencesshall be

Page 34

obliged on receiving such sicence, to take and subscribe the following oath or affirmation, before the clerk of the Inferior court: I A. B. do solemnly swear or affirm, as the case may be, that I will not either dire[UNK]ctly or indire[UNK]ctly, nor shall any person in my employ, with my desire, knowledge or approbation, deal, barter or trade with any negro slave for the article of provisions or otherwise, neither will I sell unto him, her or them, any spirituous liquors or mixture thereof, without the permission, or consent of the owners, agents, attorneys, or overseers of such slaves, as long as I continue in this State, and in the capacity of a retailer of merchandize, c.; so help me God. 2. And be it further ena[UNK]cted, That if any retailer of spirituous liquors, or any other persons, shall sell to any slave any spirituous liquors or mixture thereof, or shall purchase from him, her or them any commodities without the licence or consent of the owner, or such other persons who may have the care or government of such slaves, every person, so offending, shall forfeit the sum of thirty dollars, and shall be bound in a recognizance in the sum of two hundred dollars, with one or more sufficient securities, before any one of the Justices of the Inferior court, not to offend in like manner, and to be of good behavior one year; and for want of such security, to be committed to the nearest common Jail for a term not exceeding six monthsat the same time not exempt from a prosecution for perjury before any court having cognizance thereof: provided always, that it shall and may be lawful for any slave who lives in or near, or is a[UNK]ctually employed in or near any town or borough in this State, to buy and sell fruit, fish, meats and [Illegible Text] stuff, and to purchase any thing for the use of

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[Illegible Text] owner, manager or employer in open market under such regulations as are or may by law be made and appointed concerning the market in such town or borough. 3. And be it further ena[UNK]cted, That all fines and forteitures recovered under and by virtue of this a[UNK]ct, shall be paid to the Interior court of the county where such offence may be committed, to be by them applied to county purposes, any law to the contrary notwithstanding. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia, Jared Irwin, Governor. Assented to, December 22d, 1808. AN ACT To amend an a[UNK]ct entitled an a[UNK]ct to organize the counties lying between the rivers Oconee and Ocmulgee, and to form a judicial circuit. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in general assembly met, and by the authority of the same, That the Superior Courts shall be held twice in every year in the following counties, at the times and in the manner following, to wit:On the second Monday in April and O[UNK]ctober in Jones; the Monday thereafter in Wilkinson; the Monday thereafter in

Page 36

Pulaski; the Monday thereafter in Laurens; the Monday thereafter in Baldwin; and the second Monday thereafter in Telfair; and where writs of Venire or any other writs or summonses have been returnable at a day sooner, or otherwise, the same shall stand over to the times above-mentioned. 2. And be it further enacted, That the Inferior Courts of the counties of Pulaski and Laurens shall be held twice in every year at the times and in the manner following, to wit:First Monday in August and February in the county of Laurens, and on the third Monday of August and February in the county of Pulaski 3. And be it further enacted, That the Superior Court of Morgan county, shall be held on the second Monday in February and August, and all writs of Venire of summonses, made returnable sooner, or otherwise, and all other proceedings shall stand as returned to the above-mentioned periods. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. To keep open Great Ogechee River and Briar Creek. AN ACT, 1. BE it ena[UNK]cted by the [Illegible Text] and House of Representatives of the state of Georgia in general assembly met, That it shall not be lawful to throw any obstru[UNK]ctions into the aforesaid streams or water courses, for the purpose of narrowing the same, or to place or

Page 37

build any Trap made of wood orother materials, so that boats may be impeded, or fifth prevented from a free passage. 2. And be it further enacted, That no obstruction whatever shall be made in any of the channels or cuts of the River Great Ogechee, from Fenn's Bridge, above Louisville, to the mouth of the same; and in Briar Creek, it shall not be lawful to place any Trap or other obstru[UNK]ction from the Mill of Seaborn Jones, Esq. to the mouth thereof. 3. And be it further enacted, That any person or persons offending against this a[UNK]ct, by placing obstru[UNK]ctions aforesaid, or continuing those obstructions which already exist, shall be subje[UNK]ct to a fine not exceeding Three Hundred Dollars, to be recovered in any Court of Law, having competent jurisdi[UNK]ction; one half to be for the benefit of the informer, the other half for the benifit of the State: And it shall be the duty of the proper officers refiding on the said River or Creek, where the same may happen, to prosecute the offender or offenders. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. To regulate Toll-Bridges, Ferries and Turnpike Roads. AN ACT 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and after the first day of January,

Page 38

1809, it shall be the duty of every and all proprietors of Toll-Bridges, Ferries and Turnpike Roads, to fix a board in a conspicuous situation, on each Bridge, Turnpike Gate or Landing Place, held by him or them, the Board to be painted Black with white [Illegible Text] characters written upon the fame, noting the [Illegible Text] rates of Toll or Ferriage (as the case may be) allowed by Law. In case of any [Illegible Text] or proprietors negle[UNK]cting so to do, he or they, shall not be entitled to the Toll or Ferriage [Illegible Text] from such Bridge, Ferry or Turnpike Road. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia, Jared Irwin, Governor. Assented to, 22d December 1808. AN ACT To keep open the main channel of Broad river, from the confluence of the same with the Savannah-river, to the mouth of Blue-stone creek: WHEREAS, many of the citizens of the counties of Wilkes, Oglethorpe, Elbert, Jackson, and Franklin, are improperly and unjustly [Illegible Text] from partaking of the advantages and benefits which nature has ordained and granted them, by a number of persons whose interest it has become to obstru[UNK]ct and hinder the passage of Fifth up Broad

Page 39

river, by stopping the current and stream, in divers [Illegible Text] by [Illegible Text] dams and [Illegible Text] so as really to become a monopoly to individuals, and detrimental to the inhabitants [Illegible Text] on said river: And whereas divers persons, inhabitants of the counties aforesaid, have already subscribed considerable sums for the purpose of opening Broad river, and others it is expe[UNK]cted, will willingly subscribe to so valuable an obje[UNK]ct, whereby they may convey their produce to market with more ease and convenience. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby ena[UNK]cted by the authority of the same, That it shall not be lawful for any person or persons to stop or keep stopped the main [Illegible Text] of Broad river, from the confluence of the same, with the Savannah river, up to Coleman and Anthony's mills, but the same is declared to be at least one-fourth part thereof, including the main channel, a free passage for boats, rafts or fish. 2. And be it further ena[UNK]cted, by the authority aforesaid, That all that part of Broad river commonly called Middle river, running between Coleman and Anthony's mills, shall, before and after its jun[UNK]ction with either of the rivers on which the said mills are [Illegible Text] be, and is hereby declared to be a free passage for fish, boats or rafts, and to be clear of all and every [Illegible Text] whatever, to the final jun[UNK]ction of all its parts with the main river aforesaid. 3. And be it further enacted, That it shall not be lawful for any person or persons to stop or keep stopped the main [Illegible Text] of Broad river, from Coleman and Anthony's mill up to the fork of the said river, and up the north fork of the same, to the mouth of Blue stone creek; but the same is hereby declared to be at least one fourth part thereof, including

Page 40

the main channel, a free passage for [Illegible Text] boats or rafts. Any person or persons who shall stop, cause to be stopped, or keep stopped any part of the said Broad river, which is declared by this a[UNK]ct to be a free passage for fish, boats, or rafts, shall [Illegible Text] the sum of fifty dollars for every day such artificial obstru[UNK]ction, now in meaning of this a[UNK]ct, shall remain unremoved, to be recovered in any Court of record having cognizance thereof; one moiety thereof to any person or persons who shall inform, prosecute and convi[UNK]ct the offender; the other moiety to the use of the fund for opening and improving the navigation of the said river: provided that no penalty imposed by this a[UNK]ct shall take place prior to the twenty-fifth day of February next, any law to the contrary notwithstanding. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT Empowering Justices of the Peace with three freeholders, in their several distri[UNK]cts, to bind out to service male free Negroes, and persons of color, minors above the age of eight years, to artisans and farmers. WHEREAS the permitting of [Illegible Text] negroes and

Page 41

persons of color to rove about the country in idleness and dissipation has a dangerous tendency. 1. Be it therefore ena[UNK]cted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, That the Justices of the Peace with any three free holders of the di[UNK]ctri[UNK]ct, be, and they are hereby vested with power to bind out to service, any male free negroes or persons of color, over the age of eight years, until he arrives to the age of twenty one years, to artisans or farmers: Provided, such free person or persons of color have no guardian. 2. And be it further ena[UNK]cted, That the respe[UNK]ctive masters to whom such servants may be indented, shall find them sufficient clothing to prote[UNK]ct him or them from the inclemency of the weather, and sufficient boarding and lodging. 3. And be further ena[UNK]cted, That where a complaint is made to the Justices of the distri[UNK]ct, where such indented servant may reside, of any ill usage by his said master, that then, and in that case, an investigation shall be had before the said Justices; and on sufficient evidence being adduced, the said bounden servant shall be released from such master, and placed again to service, to another person of the same trade or farming. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808.

Page 42

AN ACT To authorise the president and trustees of the Bethesda College, the president of the Union Society, the president of the board of managers of the Savannah Poor-House and Hospital Society, the chairman of Commissioners of the Chatham Academy, and the Mayor of the city of Savannah, to dispose of the property of the Bethesda College or Orphan House Estate, for the uses herein mentioned: WHEREAS, it has been suggested that from the loss by fire of one of the wings of the College, the injury of the other, as well as the destru[UNK]ction of the buildings on the plantation by the hurricane, and which inundated the rice-lands with salt water so as to render them unprodu[UNK]ctive, with other casualties, have rendered this property by no means advantageous, or the original intention of the institution in its present situation, capable of being carried into effe[UNK]ct. To the end thereof, that the said property may be useful, and applied as nearly as possible to the original intention of the said institution. 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assemby met, and by the authority of the same, That it shall and may be lawful for the president of the Trustees of Bethesda College for the time being, the president of the Union Society in Savannah, for the time being, the president of the Board of Managers

Page 43

of the Savannah Poor-House and Hospital Society, for the time being, the chairman of the commissioners of the Chatham Academy, and the Mayor of the city of Savannah, for the time being, or a majority of them, to sell and dispose of all the real and personal property of the said Bethesda College or Orphan-House estate, on the most advantageous terms that may be obtained for the fame, and to make titles to the purchasers thereof, and after the trustees of the Orphan-House estate shall have retained a sufficiency to pay any just debts that may be due and owing from the said Orphan-House estate, and also retained a sufficient sum to pay any debts that may be in litigation until decisions at law on such claims, when such sum retained shall be applied agreeably to such legal decisions, to apply the nett proceeds as follows, that is to say: One-fifth of such nett proceeds to the uses of the Savannah Poor-House and Hospital Society; and the remainder of such nett sum one-half thereof to the Union Society; in Savannah; and the other half to the Chatham Academy, to aid their funds for the instru[UNK]ction of youth generally. 2. And be it further enacted, That the aforesaid herein authorised persons shall after carrying this a[UNK]ct into execution, file their proceedings in the Executive office of this State for public information. 3. And be it further enacted, That the commissioners of the Chatham Academy shall in confequence of this donation, support and educate at least five orphan children from its funds, as soon as it shall receive the property herein vested in faid institution. 4. And be it further enacted That nothing in this a[UNK]ct shall be construed to defeat the responsibility

Page 44

of the present trustees of the Bethesda College be under an a[UNK]ct passed in December, 1791. 5. And be it further ena[UNK]cted, That this a[UNK]ct shall held a public a[UNK]ct. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of [Illegible Text] Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT Authorizing and requiring the conveyance of a lot on the common of Augusta, to certain Trustees, and their successors, for the purpose of building a new Church, and to incorporate the Trustees of said Church 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the Trustees of the Richmond county Academy be, and they are hereby authorised and required to convey by proper deeds to John Taylor, James Pearre, John Willson the elder, Thomas Cumming, John Campbell, John B. Barnes, and William White, who have been named Trustees of the said Church, by the persons associated for the purpose of desraying the expence of building the same, all that parcel of ground heretofore designated and set apart by the Trustees of the said

Page 45

Richmond County Academy, being situated and bounded as follows: On the north by Telfair-street, on the east by the road leading from Washington-street to Savannah, on the west by [Illegible Text], and on the south by a line to be drawn paralel to, and distant from Telfair-street aforesaid, three hundred feet, being a part of the said Town Common. 2. And be it further enacted, That the said John Taylor, James Pearre, John Willson the elder, Thos. Cumming, John Campbell, John B. Barnes, and Wm. White and their successors, shall be and they are hereby declared to be a body corporate, by the name and style of the Trustees of Christ-Church, in the City of Augusta, to have and use a common Seal; with power to sue and be sued, plead and be impleaded, and to acquire, have, hold and enjoy real and personal property, for the sole use and benefit of the said Church. 3. And be it further ena[UNK]cted, That the Trustees of said Church, shall continue in office, until the first day of January 1810; on which day, and on the first day of January in every year thereafter, the subscribers to the said Church, shall meet at St. Paul's Church, (until the new Church is prepared) in the City of Augusta, and proceed to ele[UNK]ct by ballot or otherwise seven Trustees of the said Church, who shall be vested with all the powers of their predecessors: Provided, nothing herein shall prevent the re-ele[UNK]ction of any Trustee. 4. And be it further enacted That the said Trustees, and their successors, shall have power to fill all vacancies which may happen in that body from time to time, by resignation, removal from the county, death or otherwise. 5. And be it further enacted, That no person who resides out of the County of Richmond, or

Page 46

who is not a subscriber to said Church shall be a Trustee. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 16th Dec. 1808. AN ACT To cede jurisdi[UNK]ction over Lands acquired by the United States, for the purpose of ere[UNK]cting fortifications in this state. BE it enacted by the General Assembly of the State of Georgia, That from and immediately after the passing of this a[UNK]ct, the Congress of the United States shall have and maintain jurisdi[UNK]ction in and over all the Lands they have purchased, or which has been ceded or otherwise acquired by them, or hereafter may be acquired, for the purpose of ere[UNK]cting Forts or Fortifications in this State: Provided, The said United States, do or shall cause Forts or Fortifications to be ere[UNK]cted thereon. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808.

Page 47

AN ACT To amend an a[UNK]ct, to authorize Ebenezer Jenckes, to ere[UNK]ct a Turnpike Gate, on the road leading from Joshua Loper's in the County of Effingham, to Savannah, and for other purposes therein contained. WHEREAS great impositions have taken place on the said road, for want of sufficient Gates, to secure the tolls, by said a[UNK]ct allowed, to be colle[UNK]cted, whereby the good intentions of said a[UNK]ct, are in a great measure defeated; and the said Jenckes deprived of an adequate compensation, for the great expense which has arisen in procuring the said road to be made, and in keeping the same in repair. 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, it is hereby enacted, That from and after the passing of this a[UNK]ct, he, the said E. Jenckes, his heirs, executors, administrators or assigns, shall be authorized and empowered, to ere[UNK]ct and maintain on the road aforesaid, a Turnpike Gate, in addition to that already ere[UNK]cted; and that he or they, may cause the same to be placed on any part of said road, as in his or their judgment, may best secure the colle[UNK]ction of the tolls, provided for by the a[UNK]ct aforesaid: Provided, said Gates shall not be so placed as to obstru[UNK]ct passengers in passing the public road, leading from Savannah to Augusta; and provided such Gate shall not stop the road, leading from Joshua Leper's to the big ferry on Ogechee: And Provided also, That nothing in this a[UNK]ct shall be construed, to enable

Page 48

said Jenckes, or other persons to colle[UNK]ct any other, or greater tolls, in the whole distance of said road, than such, and at such rates as are allowed and established by the a[UNK]ct aforesaid; any thing in this a[UNK]ct contained, to the contrary notwithstanding. 2. And be it further enacted, That any person who shall travel the distance of five or more miles on said road, and afterwards leave it for the purpose of evading payment of the toll, by said a[UNK]ct allowed, shall forfeit to, and for the use of the State, for every such offence, the sum of Ten Dollars. 3. And be it further enacted That any person who shall open, or aid or assist, in opening a public road, that shall be evidently calculated for the purpose of evading payment of the tolls, granted by the a[UNK]ct aforesaid, shall forfeit and pay to and for the use of the State, the sum of One Hundred Dollars. 4. And be it further enacted by the authority aforesaid, That all fines and forfeitures, incurred by this a[UNK]ct, shall and may be recovered in any court, having cognizance thereof. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 17th December, 1808. AN ACT To incorporate the Thespian Society, and Library Company of Augusta. WHEREAS, an association exists in the city of Augusta known by the name of the Thespian Society,

Page 49

and organised for the purpose of establishing a Public Library. 1. BE it therefore ena[UNK]cted, by the Senate and House of Representatives of Georgia, in General Assembly met, and it is hereby ena[UNK]cted by the authority of the same, That Robert M`Rea, Richard Wilde, Daniel M`Murphey, Samuel Hale, Abraham A. Leggett, Henry L M`Rea, John U. Shinholster, Joseph W. Jarvis, James Wilde, Zachariah Roffel, junior, Daniel Savage, Willoughby Barton, Albert Brux, Thomas J. Wray, and John B. Barnes, whosoever they may afterwards admit, and their successors, shall be, and are hereby declared to be a body corporate, by the name and style of the Thespian Society, and Library Company of Augusta. 2. And be it further ena[UNK]cted, That the said Robert M`Rea, Richard Wilde, Daniel M`Murphey, Samuel Hale, Abraham A. Leggett, Henry L. M`Rea, John U. Shinholster, Joseph W. Jarvis, James Wilde, Zachariah Rossel, junior, Daniel Savage, Willoughby Barton, Albert Brux, Thomas J. Wray, John B Barnes, and their successors, shall be, and are hereby invested with all manner of property both real and personal, all donations, gifts, grants, hereditaments, privileges, and immunities whatsoever, which may belong to the said Thespian Society at the passing of this a[UNK]ct, or which may hereafter be made, conveyed or transferred to them or their successors. To have and to hold, for the proper use, benefit and behoof of the said Society. 3. And also that the persons above-mentioned, and their successors, shall be, and are hereby declared capable of suing and being sued, pleading and being impleaded, granting and receiving by their corporate name, and doing all other things as natural persons may, and also of framing bye-laws for

Page 50

their own government, which shall be binding in all cases where the same are not contrary to the laws of this State, or the ordinances of the City Council of Augusta. 4. And be it further ena[UNK]cted, That the members of the Thespian Society shall meet once in every three months, at such place and hour as they may appoint, then and there to ele[UNK]ct proper officers, whose duties and titles shall be pointed out by the bye laws of the Society, which bye-laws shall be framed, altered and amended by the majority. 5. And be it further ena[UNK]cted, That this a[UNK]ct shall be deemed and taken as a public a[UNK]ct in all the courts of law and equity throughout this State. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 17th December, 1808. AN ACT For establishing a Ferry over the River Alatamaha at Fort-Barrington. 1. BE it enacted by the Senate and [Illegible Text] of Representatives of the State of Georgia, in general assembly met, That from and after the passage of this a[UNK]ct the heirs and representatives of William M`Intosh, on the one part, and William Oneal on the other, are hereby authorized to keep a Ferry across the river Alatamaha, at the place commonly known by the name of Fort Barrington, and to hold and occupy

Page 51

the profits and advantages for and during the term of ten years, at the following rates, to wit: For a loaded waggon and four horses, one dollar; for an empty waggon and four horses, seventy-five cents; for all other four-wheel carriages, one dollar; for a cart, thirty-seven and a half cents; for other two-wheel carriages, seventy-five cents; for man and horse, twelve and a half cents; for all led horses, twelve and a half cents; for each foot passenger, fix and a quarter cents; for each head of hogs, [Illegible Text] or goats, two cents. 2. And be it further enacted, That when ever the fresh shall be so high as to compel either of the parties to have to go long ferriage, they shall receive the following rates of ferriage, to wit: For a loaded waggon and four horses, four dollars; for an empty waggon and four horses, three dollars; for all other four-wheel carriages, three dollars; for a cart and one horse, one dollar and fifty cents; for all other two-wheel carriages, two dollars; for a man and horse, one dollar; for all led or drove horses, fifty cents each; for every foot passenger, twenty-five cents. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate, Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808.

Page 52

AN ACT, To divide the county of Laurens, and to form one other new county. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in general assembly met, and by the authority of the same, [Illegible Text] a new county shall be laid off out of part of the county of Laurens, in the following manner, that is to say - beginning on the Ocmulgee river, at the upper line of Laurens county, thence along said line to the centre between Ocmulgee and Oconee rivers, thence a dire[UNK]ct course to the centre of the county line dividing Laurens and Telfair counties, thence on said line to the Ocmulgee river, thence up the meanders of the same to the beginning corner on said riverand all that part of Laurens county comprehended within the lines aforesaid, shall form a new county, known by the name of PULASKI; and that the Justices of the Inferior Court hereafter appointed for said county shall be vested with full power and authority to fix on the most convenient place within said county, for the site of public buildings, at which place the courts and ele[UNK]ctions shall be held as soon as suitable buildings are ere[UNK]cted thereat, and said commissioners, or a majority of them, are authorised and empowered to contra[UNK]ct with fit and proper persons for the purpose of building a court-house and jail in the county aforesaid, which after at least thirty days notice, shall be let to the lowest bidder Provi ed, That until the court-house shall be ere[UNK]cted the ele[UNK]ctions and courts for said county shall be held at the house of Isham Jordan. 2. And be it further ena[UNK]cted, That all officers civil and military shall hold their respe[UNK]ctive appointments within the aforesaid new county.

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3. And be further ena[UNK]cted, That the expence attending the laying off the [Illegible Text] county of [Illegible Text] shall be paid jointly by the counties of Laurens and [Illegible Text]. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia, Jared Irwin, Governor. Assented to, December 13th, 1808. AN ACT To appropriate money for the Political Year eighteen hundred and nine. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met and by the authority of the same, it is hereby enacted, That for the support of Government for the political year eighteen hundred and nine, the following sums of money be, and the sameare hereby, appropriated, that is to [Illegible Text]: The salary of the Governor shall be two thousand dollars per annum, and the further sum of five hundred dollars, for house rent, c.; the Secretaries of the executive department, (not exceeding two) five hundred dollars each; the Secretary of State two hundred dollars; the [Illegible Text] twelve hundred dollars; the Surveyor General two hundred dollars; the [Illegible Text] General, six hundred dollars; the Clerk of the house of representatives, three hundred dollars; the Secretary of the senate, three hundred dollars; the Judges of the superior courts, each fourteen hundred

Page 54

dollars; the Attorney-General, and three Solicitors-General one hundred and fifty dollars each which said several sums shall be, and they are, hereby appropriated for their use, to be paid quarter yearly by warrant from the Governor on the Treasurer, out of any monies not otherwise specially appropriated. 2. And be it further enacted, That the sum of fifteen thousand dollars be, and the same is, hereby appropriated as a contingent fund, subje[UNK]ct to the orders of the Governor. 3. And be it further enacted, That for the compensation to the members of the House of Representatives and Senate, three dollars each per day during their attendance, and the sum of three dollars for every twenty miles in coming to, and returning from, the seat of government; and the sum of four dollars each to the President of the Senate and the Speaker of the House of Representatives during their attendance; and the sum of three dollars each 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 sitting of the Legislature, four dollars each per day, and the sum of ninety-two dollars each for contingent expences, c. to the two engrossing and one assistant Clerk to the House of Representatives, and two engrossing Clerks to the Senate four dollars per day each; to John Forsyth and Elijah Clarke, the sum of one hundred dollars each; to William Harris, clerk to the Committee on finance, fixty dollars; to Anthony Porter, clerk to the Committee on the state of the republic, the sum of sixty dollars; to the Messenger and Door-keepers to both branches of the Legislature, the sum of three dollars each per day; to the Adjutant-General twelve hundred dollars per annum, to be paid quarter yearly; to Peter

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Deveaux, tax colle[UNK]ctor of Chatham county, the sum of twenty-three dollars, sixty-two and an half cents; the sum of ten thousand dollars subje[UNK]ct to the draughts of the Governor, for the purpose of furnishing the quota of the militia of this State, with blankets and knapsacks whenever they may be called into a[UNK]ctual service; to Everitt and Evans, for printing, nine dollars and fifty cents; to Dennis L. Ryan the sum of one hundred and forty-four dollars, for printing the testimony and other proceedings of the High Court of Impeachment on the trial of Obadiah Echols, Reddick Simms and Francis Flournoy; two thousand and sixty dollars for defraying the expences of the [Illegible Text] on the trial of Echols, Simms and Flournoy, for summoning the guard, summoning witnesses and other expences; to David M`Cord the sum of four hundred dollars; to Daniel Sturges the sum of four hundred and fifty dollars; to William Robertson the sum of one hundred and five dollars; to Augustin Smith Clayton sixteen dollars for his services as clerk in the High Court of Impeachment; to John Hamilt for like services eighty-four dollars; to Dennis L. Ryan three dollars and fifty cents; to Thomas and Scott the sum of twenty-nine thousand nine hundred and ninety-nine dollars, ninety nine cents, on account of what hath heretofore and may hereafter be done in building the State-house, they to be accountable on final settlement; to Peter Pharr ninety dollars for winding up the Clock, keeping clean the steps and stair case and the entries between the Senate and Representative chambers and gallaries; to Thomas H. Kenan fifty dollars for recording in a separate book the whole procceedings of the High Court of Impeachment in the trial of Echols, Simms and Flournoy; the sum of three thousand dollars for the State's quota of militia called for by the general

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government, to furnish [Illegible Text] when called out to be mustered and reviewed; to John H. Mann fifty dollars as [Illegible Text] clerk in the late impeachment; to William [Illegible Text] dollars for extra services performed in the late high court of impeachment; to the Messenger and door keeper of Senate, ten dollars each, for extra services; to Josiah Durden one hundred and thirty six dollars; to Alexander M`Millan forty dollars and seventy-five cents; and to Sarah Hillhouse nine dollars, eighty-seven and an half cents, which said several sums are hereby appropriated for their use, to be paid out of any monies which now are, or hereafter may be in the Treasury not otherwise specially appropriated. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT To establish a toll-bridge on the Apalachie river. 1. BE it enacted by the Senate and House of Representatives in General Assembly met, and by the authority of the same, That a bridge already built on a public road, leading from Greenesborough to the county of Morgan, across the Apalachie river, be, and the same is hereby established a Toll-bridge, in the right of Col. Joseph Phillips, his heirs or assigns. 2. And be it further enacted, by the authority

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aforesaid, That the said Joseph Phillips, his heirs or assigns, shall hold the said bridge, and all the profits arising therefrom, and be entitled to receive, and may lawfully demand from travellers passing over said bridge the following rate of Toll: For every four wheel carriage twenty five cents; for each two wheel carriage twelve and an half cents for each man and horse (or rider) six and a quarter cents; for each rolling hogshead twelve and an half cents; for each and every other horse, cattle, sheep, goat or hog, one cent per head. 3. And be it further enacted, That the said Joseph Phillips shall give his bond with sufficient security, to the Inferior court of Morgan county, under the penalty of five hundred dollars, to keep the said bridge in good, safe, passable repair (casualties excepted) until the Inferior court of Greene and Morgan do co-operate and purchase the said Bridge for public use in terms of the law in such case made and provided. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808: AN ACT To add part of Camden county to the county of Wayne. WHEREAS the Legislature in passing an a[UNK]ct to add a part of the county of Glynn to the county of Wayne, and to add a part of the county of Wayne to the county of Camden, and to organize

Page 58

the county of Wayne, did add fully two thirds of the county of Wayne to the said county of Camden, which has a tendency very much to retard the population of the county of Wayne, and the citizens thereof have petitioned this Legislature, praying that a part of Camden county be added to the county of Wayne, for remedy whereof, 1. BE it ena[UNK]cted by the Sekate and House of Representative of the state of Georgia in general assembly met, That all that part of Camden county lying west of a line to be drawn from the ford on the Little Satilla, where the post-road crosses the same, to the south end of the plantation of James Fort's, so as to include said Fort in Wayne county, thence a dire[UNK]ct line to the Buffaloe, where the lower line of that part of Camden, which was formerly known as the lower line of the second distri[UNK]ct of Wayne county crosses the same; thence up the main channel of the Buffaloe swamp to the Indian boundary line, thence along said line to the line at present dividing the counties of Wayne and Camden, thence along said line to the place of beginning, which shall be added to, and form a part of the county of Wayneany law to the contrary notwithstanding. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia, Jared Irwin, Governor. Assented to, 20th December 1808.

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AN ACT To incorporate a Company for the purpose of opening the Oconee river, and to grant a Lottery for that purpose. 1. Be it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in general assembly met, That Peter Randolph, Peter Early, Zachariah Sims, James Turner, Thomas Terrell, Joseph Phillips, James Park, Thomas B. Scott, Benjamin Sanford, Robert Pope, Nathaniel M`Clurg, Ezekiel E. Park, Robert Royston, Thomas W. Grimes, Peter Robinson, Jeremiah Early, Arthur Simms, Oliver Porter, Samuel Harper, and James H. Nicholson, and their affociates, be and they are hereby appointed a body corporate by the name or style of the Oconee Navigation Company, by which name they shall sue and be sued, and do all other a[UNK]cts that properly belong to corporate bodies, as far as it respe[UNK]cts the opening of the Oconee river from the town of Milledgeville to Barnett's shoals on the same river, upon such plan, and at such time or times as the said Company, or a majority of them may think fit and proper, to effectually put it in the power of said company to carry the above obje[UNK]ct into effe[UNK]ct. 2. And be it further ena[UNK]cted, That they may establish a Lottery upon such plan or scheme as a majority may think fit and proper for the purpose of [Illegible Text] fifty thousand dollars, to be appropriated to the purposes aforesaid. 3. And be it further enacted, That as soon as the said river is opened, so as to admit boats of a moderate size, they may establish such rates of [Illegible Text],

Page 60

not exceeding one half of the full toll allowed by this a[UNK]ct, until such time as the work shall be completely finished. 4. And be it further enacted, That the full rates of toll shall be the same as are allowed by an a[UNK]ct passed the fourteenth of February, one thousand seven hundred and ninety-nine, entitled an a[UNK]ct to incorporate a Company for the improvement of the navigation of that part of Savannah river between the town of Petersburgh and the city of Augusta. 5. And be it further enacted, That all laws militating against this a[UNK]ct, be, and the same are hereby repealed. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to 22d December, 1808. AN ACT To authorise the Trustees of the Columbia county Academy to establish a Lottery, for the purpose of raising the sum of two thousand dollars for the support of that Institution. 1. Be it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That it shall and may be lawful for the commissioners hereinafter named, to establish a [Illegible Text], whereby they may be enabled to raise the

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[Illegible Text] of two thousand dollars, for the use and support of the Columbia county Academy, under such schemes and regulations as they or a majority of them may deem necessary and proper to carry into effe[UNK]ct the above recited obje[UNK]ct 2. And be it further enacted, That Nathan Crawford, Benjamin Leigh, James Hamilton, Gazaway Davis and John Briscoe, be and they are hereby appointed commissioners to carry into effe[UNK]ct the aforesaid Lottery. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, [Illegible Text] December, 1808. AN ACT Torepeal an a[UNK]ct, entitledan a[UNK]ct tosuspend, for the time therein expressed, the operation of an a[UNK]ct passed the eighth day of December, eighteen hundred and six, entitled an a[UNK]ct to extend the operation of the laws of this State, over the persons resident in Wafford's settlement, and to organize the same, passed fifth December, eighteen hundred and seven. BE it ena[UNK]cted by the Senate and House of Representatives

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of the State of Georgia, and by the authority of the same, That the said suspending a[UNK]ct be, and the same is, hereby repealed. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT Toestablish a toll-bridge attheplantation of John Whitehead, on Little river, in Putnam county. WHEREAS, the said John Whitehead hath represented to this Legislature, that he hath, at a great expence ere[UNK]cted a bridge [Illegible Text] Little river, which is attended with considerable convenience to citizens of said county, and others, and it being but just and equitable that the said John Whitehead should be remunerated for the samewherefore, 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That from, and immediately after the passing of this a[UNK]ct, it shall and may be lawful for the said John Whitehead, and his heirs and successors to receive at the said bridge the following rates of toll, viz. forevery loaded four wheel carriage or waggon the sum of twenty-five cents; for every empty waggon, eighteen and three fourth cents; for every loaded cart, eighteen and three fourth cents; for every pleasure carriage at the rate of fix and one

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fourth cents per wheel; for every man and horse, fix and one fourth cents; for every led horse, fix and one fourth cents; for every head of nett cattle two cents; for every head of sheep, goats, hogs c. one cent. 2. And be it further ena[UNK]cted, That the said John Whitehead shall be, and is hereby made liable for any damages to passengers, which may accure to them from any defe[UNK]ct or insufficiency in the said bridge. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d Dec. 1808. AN ACT To incorporate the Episcopal Church in the town of Frederica, called Christ Church: WHEREAS, it is necessary for the promotion of religion and virtue, that churches, or religious societies, be made capable of holding, enjoying and defending any property which they may have, or may acquire, by gifts, grants, or otherwise: 1. BE it therefore enacted by the Senate, and House of Representatives of the State of Georgia, in general assembly met, and by the authority of the same, That William Page and Robert Grant be, and they are, hereby appointed Church-Wardens, and that Joseph Turner, John Couper, James Hamilton, Raymond Demerie, junior, and George Abbott,

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be, and they are, hereby appointed Vestry-men of said Episcopal Church in said town of Frederica, called Christ Church aforesaid; and they the said William Page and Robert Grant, together with the said Joseph Turner, John Couper, James Hamilton, Raymond Demerie, junior, and George Abbott, and their successors in office, shall be, and they are hereby declared to be, a body corporate, by the name and style of The Church Wardens, and Vestry men of the Episcopal Church of the town of Frederica, called Christ Church And they the said William Page and Robert Grant, church wardens and the said Joseph Turner, John Couper, James Hamilton, Raymond Demerie, junior, and George Abbott, vestry-men aforesaid, and their successors in office, shall be invested with all manner of property, both real and personal, all monies due, or to grow due, conations, gifts, grants, hereditaments, priviledges and immunities whatsoever, which may belong to the said church, and all monies that have been granted for building the said church, or which may hereafter be given, granted, conveyed or transferred, for building the said church in Frederica aforesaid, or which may be made, or transferred to them, or to their successors in office: to have and to hold the same for the proper use, benefit or behoof of the said church; and the said church wardens and vestry-men, and their successors in office, shall be, and they are hereby declared to be capable of suing, and being sued, and of using all necessary legal steps for recovering and defending any property whatsoever, which the said church may hold, claim or demand, and is hereby secured, or otherwise; and also, with all power to make all necessary regulations and rules; and to recover in their own name, or otherwise, as well the said monies as other property, with all rents, issues and profits of the same,

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or of any lands, monies or other estate belonging thereto, or of any part thereof. 2. And be it further ena[UNK]cted, That eleven lots of land, out of the commons belonging to the town of Frederica, defignated in the plan thereof by the letters A. B. C. D. E. K. L. M. N. O. P. and Q. and comprehending the site whereon the said church is now ere[UNK]cting, together with certain lots in the said town, distinguished in the plan thereof by the numbers 17 and 18, be, and the same are hereby given, granted and secured to and for the use and benefit of the said Episcopal Church, called Christ Church aforesaid. 3. And be it further ena[UNK]cted, That the said church wardens and vestry men shall hold their offices until the first Monday in December, 1809, and on that day and on every other first Monday in December annually thereafter, the members and supporters of the gospel in said church shall convene at the church aforesaid, and there between the hours of ten and two o'clock, ele[UNK]ct from among the members and supporters of the gospel in said church two discreet persons as church wardens, and five other discreet persons as vestry men for the said church, who shall be, and are hereby declared to be vested with all necessary powers to carry the purposes intended by this a[UNK]ct, fully into effe[UNK]ct. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia, Jared Irwin, Governor. Assented to, 22d December, 1808.

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AN ACT To revise and amend an a[UNK]ct, entitled an a[UNK]ct to alter and amend an a[UNK]ct to relieve certain fortunate drawers in the late Land Lottery, passed at Louisville, on the eighth day of December, eighteen hundred and six, and an a[UNK]ct passed the 23d day of May, one thousand eight hundred and eight, entitled an a[UNK]ct to alter and amend an a[UNK]ct, entitled an a[UNK]ct to dispose of and distribute the late cession of lands, obtained from the Creek nation, by the United States in a treaty concluded at the City of Washington, on the fourteenth day of November, one thousand eight hundred and five. WHEREAS, many persons who have been fortunate drawers in the aforesaid Lotteries, have failed and omitted to take out their Grants within the time prescribed by said a[UNK]cts: For remedy whereof, BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in general assembly met, and by authority of the same, That the term allowed for taking out Grants, and receiving monies on Grants, in lieu of office-fees, in pursuance of the aforesaid a[UNK]cts, shall be, and the same is hereby

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continued and extended to the 25th day of December, one thousand eight hundred and nine. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT To authorise the trustees of the German Lutheran Congregation at Ebenezer, or their successors in office, to sell the glebe land belonging to said Congregation, and for other purposes therein mentioned. WHEREAS it appears that the value of said land is lessening by trespasses being made on the same 1. BE it therefore enacted by the senate and house of representatives of the state of Georgiain general assembly met, and by the authority of the same, That the [Illegible Text] trustees, or their successors in office, or a majority of them, are hereby fully authorised and empowered to sell the said glebe land to the best advantage, and appropriate the monies arising from [Illegible Text] sales to the use of said congregational [Illegible Text] or Churches. 2. And be it further enacted, by the authority aforesaid, That the said trustees, or their [Illegible Text] in office, or a majority of them, are hereby [Illegible Text]

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authorised and empowered, to enforce the following fines on persons not being residents or lot holders in the town of Ebenezer, for [Illegible Text] on the commons of said town, to wit: Any person or persons hereafter cutting and carrying off any live tree, or any part thereof, shall be fined for the first offence in the sum of two dollars; for the second offence of the same kind in the sum of four dollars, and for the third offence in the sum of eight dollars; which said fines shall be recovered before the distri[UNK]ct justice's court wherein the defendant resides. 3. And be it further enacted, That the fines aforesaid, when recovered, shall be appropriated to and for the use of said congregationany law to the contrary notwithstanding. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared'Irwin, Governor. Assented to, 22d December, 1808. AN ACT To amend an a[UNK]ct to prote[UNK]ct religious societies in their religious duties, passed the thirteenth day of December, one thousand seven hundred and ninety-two: 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in general assembly met, and by the authority of the same, That it shall

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not be lawful for any person to sell, or cause to be sold any wine, cider, beer, whiskey, gin, rum or brandy, or any other intoxicating liquors, within one mile of any meeting house, or other place set apart, or publicly resorted to for divine worship, during the time appropriated to such worship. 2. And be it further ena[UNK]cted, That for every offence committed in violation of this a[UNK]ct, the offender, or offenders shall be subje[UNK]ct to the penalty of thirty dollars, which shall be recoverable after the manner pointed out in the first clause of the above recited a[UNK]ct, which fine shall be put into the hands of the Justices of the Inferior Court and become a part of the county funds, where such offence shall have been committed. Provided nevertheless that the penalties of this a[UNK]ct shall not extend to licenced retailers of liquors [Illegible Text] [Illegible Text] within the limits herein [Illegible Text] [Illegible Text]. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT, To make permanent the site of the public buildings, for the county of Randolph, at Monticello. WHEREAS the commissioners for the county of Randolph, appointed by a resolution of the Legislature passed on the 10th day of December last, did procure and purchase more land for county purposes

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than was contemplated by said resolution, or in the event of the sale thereof, which was made for the sole advantage of the public funds, and placed therein the sum of eight thousand dollars. 1. BE it therefore ena[UNK]cted, That the proceedings of the commissioners as far as it respe[UNK]cts the purchase of said territory, more than was contemplated by the resolution before recited, is hereby made firm and valid in law. 2. And be it further enacted, That the site of the public buildings of the said county of Randolph shall be, and they are hereby made permanent at Monticello. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 10th December, 1808. AN ACT To make permanent the seat of the public buildings in the county of Wilkinson. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in general assembly met, and by the authority of the same, That the seat of the public buildings in the county of Wilkinson, so far as relates to the court house and jail, shall be in the centre of said county, or such other place as may be adjudged most convenient for the citizens thereof Provided, the same be within two

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miles of such centre, by Arthur Fort, John Hays, William Biven, Elkanah Lostin and Jesse Brown. 2. And be it further ena[UNK]cted, That the said Arthur Fort, John Hays, William Biven, Elkanah Lostin and Jesse Brown, or a majority of them, shall be and they are hereby fully authorised to purchase, or otherwise procure a title in fee simple for such lot of land as they or a majority of them shall judge most convenient for the seat of the aforesaid public buildings, containing not less than one hundred acres, nor more than two hundred two and an half acres in trust, to and for the use of the said county of Wilkinson, and to let the building of a court house and jail thereon to the lowest bidder, first giving thirty days public notice of such intentions. 3. And be it further ena[UNK]cted, That the house of Willis Anderson shall be confidered as the court house of the said county, until the aforesaid buildings shall be compleated, and no longer and that all monies which shall be necessary to carry this a[UNK]ct into execution, shall be provided for by the inferior court of the aforesaid county, by exposing to sale such part of the foregoing lot of land as they may think proper, or otherwise, for the benefit of the county. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808.

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AN ACT To establish the public buildings in the county of Morgan. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia in general assembly [Illegible Text], and by the authority of the same, That the site of public buildings in the county of Morgan be, and the same is hereby established and made permanent on one hundred acres of land, being a part of the three following lots of land, viz lot N 36, lot N 35, and lot N 23, in the fifth distri[UNK]ct, formerly Baldwin, now Morgan county. 2. And be it further enacted That the justices of the Inferior Court of the county aforesaid, be, and they are hereby appointed commissioners to six on a site for the court-house and jail on the above mentioned land, and they, or a majority of them, are hereby authorised to receive titles in fee simple to the aforesaid tra[UNK]ct of land, and lay off the same, or any part thereof into lots of such size as they, or a majority of them may deem most proper, and expose the aforesaid lots to sale to the highest bidder, on a credit of twelve months, after giving thirty days notice in the Georgia Argus, and two or more public places in said county, the purchaser giving bond and approved security, payable to the said justices of the inferior court of the county aforesaid, and their successors in office, for the use of said countyand also the said inferior court, or a majority of them, are hereby authorised to execute titles in see simple to the purchasers, and the money arising from the sale of said lots shall be, by them appropriated to the building a court-house and jail for said county, which shall be immediately under their dire[UNK]ction and superintendance,

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3. And be it further ena[UNK]cted, That the superior and inferior courts of faid county shall be [Illegible Text] at the house at present occupied by Abraham [Illegible Text] Afee, until the court house at the permanent seat-aforesaid is in such a state of readiness as to admit the said courts to be held thereinany thing to the contrary notwithstanding. 4. And be it further enacted, That the name of the aforesaid town shall be known by the name of Madison. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia, Jared Irwin, Governor. Assented to, December 22d, [Illegible Text]. AN ACT To establish the site of public buildings in the county of JONES, and to appropriate the money arising from the sale of lots. 1. BE it ena[UNK]cted by the [Illegible Text] and House of Representatives in general assembly met, and by the authority of the same, That the site of public buildings in and for the county of Jones shall be in the town called and known by the name of Clinton in said county. 2. And be it further enacted, That the Justices of the Inferior Court for the time being, or a majority of them, shall be dire[UNK]ctors of the Court-house and Jail of said county, with power to superintend the building of the same, and all notes, bonds or

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other liquidated demands that may have been had, or may hereafter grow out of any purchase of land or donation to said county, shall be, and the same is hereby appropriated to the building of the Courthouse and Jail, and such other purposes as the commissioners aforesaid may find conducive to the interest of said county, any thing to the contrary notwithstanding. 3. And be it further enacted, That the commissioners aforesaid, shall reserve at least four acres for the seat of public buildings, and other county purposes, and they are hereby authorised to sell and convey titles in see simple to the purchaser of all other lands they may find legally vested in the county aforesaid, after giving at least thirty days notice of such intended sale, in one or more of the public gazettes, and at three or more public places, in the county. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the [Illegible Text] Executive Department, Georgia, Jared Irwin, Governor. Assented to, 22d December, 1808.

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AN ACT To prevent any person or persons from placing obstru[UNK]ctions in or over the rivers, creeks, or water courses of Chatham and Bryan counties. WHEREAS, great inconvenience has arisen to the people of Chatham and Bryan counties from the pra[UNK]ctice of placing bridges over, and ere[UNK]cting dams across, the rivers, creeks and water courses of the said counties, which might otherwise be navigated by boats. For remedy whereof, 1. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia. That no person in future shall be authorized to build any bridge across any river, creek or water course, which will, at any time admit the passage of boats, unless the said bridge is at least six feet higher than spring tides ordinarily rise; and in no case shall any person be authorized to dam across a river, creek or water course, which is convenient to, and frequented by the inhabitants of [Illegible Text] or Chatham counties, in the county aforesaid. 2. And be it further enacted that if at this time any bridge exists, or is in future ere[UNK]cted, over any water course frequented by; or convenient to the inhabitants of the counties above named, which does not answer the description given in the above recited ena[UNK]cting clause, the inferior court of Chatham county is hereby authorized and required to cause the same to be removed on the application of five or more of the inhabitants of the said counties of Chatham and Bryan, by the person or persons who have built the same, and in case of their refusal, to employ persons to do it, at the cost of the builder

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or builders, to be levied on his, her, or their property by distress and sale; and in every [Illegible Text] where a dam has been ere[UNK]cted, as above described, to cause the same to be removed and the water [Illegible Text] cleared out in like manner. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 13th December, 1808. AN ACT To make permanent the site of the public buildings for the county of Putnam, in the town Eatonton, to establish and confirm the lines of said county as they now are; and to make valid the proceedings of the Commissioners for said county: WHEREAS, the commissioners for the county of Putnam, appointed by a resolution of the legislature, passed on the tenth day of December, 1807, did proceed and purchase more land than was contemplated by the said resolution, and which has been secured to and for said county, to constitute a part of the funds thereof, and for the sole use of, and benefit of the said county, the proceeds of the sales of a part of said land has produced a sum of upwards of eight thousand dollars in notes.

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1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by authority of the same, That the site of the public buildings for the said county of Putnam be, and they are hereby made permanent in the town of Eatonton. 2. And be it further enacted by the authority aforesaid, That the proceedings of the commissioners for said county, so far as respe[UNK]cts the purchase of the said land, more than was contemplated by the before recited resolution, and of the sale of a part thereof, and appropriating the same to county purposes, is hereby confirmed and made valid in law. 3. And be it further ena[UNK]cted by the authority aforesaid, That the original lines of said county as [Illegible Text] by law, are hereby ratified and confirmed. 4. And be it further enacted, That the commissioners for said county are hereby authorized and empowered to rent, lease, sell, or make such disposition of the lands so purchased by them now remaining unsold, as in their judgement shall be most conducive to the advantage and benefit of the inhabitants of said county. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808.

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AN ACT To authorise the justices of the Inferior court of the county of Baldwin to levy an extra tax, which shall not exceed one half the general tax, for the purpose of building a court-house and jailin saidcounty, and to appoint commissioners to carry the same into effect. 1. BE it ena[UNK]cted by the Senate and House of Representatives in General Assembly met, and by the authority of the same, That the justices of the inferior court of the county of Baldwin are hereby authorised to levy an extra tax, for the purpose of building a court house and jail in said county, which tax shall not exceed one half of the general tax; and the tax colle[UNK]ctors of said county are hereby authorised to colle[UNK]ct the same at the same time, and in the same [Illegible Text] that the general Tax is colle[UNK]cted, and pay the same into the hands of the jusstices of the inferior court for the purpose aforesaid. 2. And be it further enacted, That the court house and jail shall be built in the town of Milledgeville, on the Penetentiary Square, the courthouse on the south east corner, and the jail to be built on the narth east corner of said square, and the justices of the inferiort court of the county of Baldwin are hereby authorised to contra[UNK]ct for the building of the said court house and jail, in manner and form as they may think proper. 3. And be it further enacted by the authority aforesaid, That in order to carry the said buildings

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into effe[UNK]ct, the justices of the inferior court as aforesaid, are hereby authorised and empowered to sell and dispose of fix town lots, that is most convenient where the said court house is to be built, in such manner as they may think most advantageous to said county, and the money arising from the sales thereof, shall be applied for the purpose of building the said court house and jail. 4. And be it further ena[UNK]cted, That the justices of the inferior court as aforesaid, are hereby authorised to rent some house in the town of Milledgeville, for the purpose of holding courts, until the said court house is in a situation for courts to be held therein. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT To revise and amend an a[UNK]ct entitled an a[UNK]ct to regulate and keep in repair the public roads causeways and bridges in the counties of Burke, Jefferson, Richmond, Greene and Morgan so far as respe[UNK]cts the counties of Greene and Morgan. 1. Be it ena[UNK]cted by the Senate and House of Representatives

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in General Assembly met and by the authority of the same, That it shall be the duty of the commissioners that are appointed under the aforesaid law or may hereafter be appointed, to apportion the hands liable to work on the several roads in their respe[UNK]ctive distri[UNK]cts, which apportionment or list of hands shall contain the name of the hands subje[UNK]ct to work as aforesaid, and the special distance on each road that they are located to work upon, which list shall be given into the hands of an overseer who shall be appointed by said commissioners, whose duty it shall be, to give at least three days notice to all persons liable to work on the road assigned to his trust, immediately preceding the day appointed by said overseer to work as aforesaid, and such overseer shall not be at liberty to call [Illegible Text] the hands under his dire[UNK]ction more than two days, in any one month in the year. 2. And be it further ena[UNK]cted, That when a road may be the line between distri[UNK]cts, the commissioners of such distri[UNK]ct shall co operate in pointing out the overseers and hands that are to work on such road, and the part of such road each overseer and hands shall work. 3. And be it further ena[UNK]cted, That it shall be the duty of the overseers to return a list of all defaulters the to respe[UNK]ctive commissioners of the road immediately under their dire[UNK]ction, who shall give ten days notice of the time and place within their distri[UNK]ct, for hearing and determining all excuses and defaults that may come before them; and it shall be the duty of the said commissioners to make a return of all such persons they may find in default to either of the justices of the inferior court of the county they respe[UNK]ctively belong, and it shall be the duty of the justices aforesaid to return such list of defaulters, together with all overseers and comissioners

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that may come to their knowledge; as having committed a default, to the grand jury of their respe[UNK]ctive counties, whose duty it shall be to pass upon such defaulters by presentment to the court. 4. And be it further ena[UNK]cted, That each commissioner of a road that may be found by [Illegible Text] [Illegible Text] in default of duty, [Illegible Text] [Illegible Text] by law, shall, at the diseretion of the court be fined in a sum not exceeding thirty dollars, each [Illegible Text] as aforesaid not exceedingten dollars, and each and every other person liable to work upon roads agreeably to the before recited a[UNK]ct, that may be found in default of duty, the sum of one dollar for every day they may re-refuse or negle[UNK]ct to work as aforesaid. 5. And be it further enacted, That so much of the before recited a[UNK]ct as militates with this a[UNK]ct, be, and [Illegible Text] same is hereby repealed. Provided, This a[UNK]ct shall not be construed to effe[UNK]ct the jurisdi[UNK]ction of any corporation within the said counties. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT To extend the limits of the city of Savannah. WHEREAS doubts have arisen as to the western limits of the city of Savannahfor remedy whereof, 1. BE it ena[UNK]cted by the senate and House of Representatives of the state of Georgia in general assembly

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met, and by the authority of the same, That immediately from and [Illegible Text] the passing of this a[UNK]ct, the limits of the city of Savannah shall be, and they are hereby extended as far [Illegible Text] as the east side of Musgrove creek, running thence a southern [Illegible Text] as far as the north side of Spring-Hill road, and thence along said road until interse[UNK]cted by the known boundary of said city, leaving all the improvements on the south side of the said road without the limits of said city. 2. And be it further enacted, That said boundaries be and hereby are declared to be within the limits of the said city of Savannah, and under [Illegible Text] the ordinances and regulations of the corporation of said city; any law to the contrary notwithstanding. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. [Illegible Text] Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT To authorise the justices of the inferior court of the county of M`Intosh to appropriate a certain portion of the county tax to the support of the poor: BE it enacted by the Senate and House of Representatives of the [Illegible Text] of Georgia in [Illegible Text] assembly [Illegible Text], and by the authority of the same, That from and after passing this a[UNK]ct, [Illegible Text] Justices of the Inferior Court

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of the aforesaid county may appropriate one half the amount of the county tax of the county of M`Intosh to the discharge of the debts that have been, or may be, contra[UNK]cted for the support of the poor of the said county, any law to the contrary notwithstanding. Provided, the aforesaid a[UNK]ct does not extend or be construed to extend to authorize the Justices to apply any taxes now due, or which may hereafter be due to the State, to the purposes above mentioned. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 17th December, 1808. AN ACT To authorise the justices of the inferior court of Elbert county to appropriate a certainpart of the county tax, for the support of the poor of said county. WHEREAS it appears to this legislature that the tax authorised by law for the support of the Poor, is not sufficient to answer the purposes aforesaid, for remedy whereof, 1 BE it ena[UNK]cted by the Senate and House of Representatives of the state of Georgia in General Assembly met and it is enacted by the authority of the same, That the justices of the inferior court of the county of Elbert are hereby authorised to appropriate such

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part of the county tax as they may from time to time deem sufficient for the support of the Poor of said county, and that they be authorised to pay out of the county tax is aforesaid, such sum of money to John Thomason of said county, as may appear to them reasonable, for his having taken into his care a certain young woman by the name of Delilah Wooten, who appeared to be an obje[UNK]ct of charity, and that the said inferior court do also pay out of the taxes as aforesaid the Do[UNK]ctors bills, for such medical and surgical aid as she has had Provided, The same shall appear to them reasonable and just. And provided also, That there shall not be more than one third of the county tax, in any one year, appropriated for the purposes as aforesaid. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT To amend an a[UNK]ct entitled, an a[UNK]ct to amend the several a[UNK]cts regulating roads in this State, so far as respe[UNK]cts the operation of said a[UNK]cts in the counties of Bryan, Liberty, M`Intosh, Glynn, Camden and Wayne, so far as respe[UNK]cts the county of Wayne. 1. Be it enacted by the Senate and House of Representatives

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of the State of Georgia, in general assembly met, That Matthew Jones, Charles Smith and Richard Leveritt be, and they are hereby appointed commissioners of the road to be laid off in the county of Wayne, commencing on the post road at or near William O'Neal's, thence running to Phinholloway creek, cross the same at some convenient place for the ere[UNK]ction of a bridge, running thence to the mouth of Goose creek, or near it. 2. And be it further enacted, That the faid commissioners shall be, and they are hereby empowered to command the personal assistance of all persons, who by law are compelled to perform duty on roads, within five miles of said road, except those below the plantation of John Grantham, for the purpose of cutting the same out as aforesaid. 3. And be it further enacted, That Major John Fort, William Clements and William O'Neal be, and they are hereby appointed commissioners on the post road in said county, who shall have power to require the assistance of all persons not embraced within five miles of the new road to be cut out by this a[UNK]ct. 4. And be it further ena[UNK]cted, That the commissioners appointed by this a[UNK]ct shall form a board of commissioners, and shall have power to fill all vacancies that may happen therein, and if they shall find the persons liable to work on the roads aforesaid, not equally proportioned, they may proportion them accordingly. 5. And be it further enacted, That if any person or persons shall wish any other new road, they shall [Illegible Text] the board of commissioners, and if they think proper, they may grant the same, and proportion the inhabitants to work thereon. 6. And be it further ena[UNK]cted, That no whitemale persons in the county of Wayne, shall be liable

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to pay more than one dollar for each and everyday they shall fail to appear and work on said roads, and that all male negroes from sixteen to fifty years of age, shall be liable to work on the said roads. 7. And be it further enacted, That so much of the before recited a[UNK]ct as is not repugnant to this a[UNK]ct, shall be and remain in full force and virtue. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate Executive Department, Georgia. Jared Irwin, Governor. Assented to 10th December, 1808. AN ACT To remove the courts, elections and other county business of the county of Telfair. Be it ena[UNK]cted 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 immediately after the passing of this a[UNK]ct, the courts, ele[UNK]ctions and other county business, shall be held and transa[UNK]cted at the house of John Pattersonany law or usage to the contrary not-withstanding. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d, Dec. 1808.

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AN ACT To continue in force for one year the sixteenth se[UNK]ction of an a[UNK]ct, to be entitled an a[UNK]ct to amend the several a[UNK]cts regulating roads in this State, so far as respe[UNK]cts the operation of said a[UNK]cts in the counties of Bryan, Liberty, M`Intosh, Glynn, Camden, and 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 the sixteenth se[UNK]ction of the above recited a[UNK]ct be, and the same is hereby continued in force for the term of one year, any law to the contrary notwithstanding. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia, Jared Irwin, Governor. Assented to, December 13th, 1808. AN ACT To allow further time to the justices of the inferior court of Elbert county to let the building of the jail of said county: BE it enacted by the Senate and House of Representatives of the State of Georgia, in general assembly

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met, and it is enacted by the authority of the same. That the time allowed by law for the Justices of the Inferior court of Elbert county, to let the building of the Jail of said county, as pointed out by an a[UNK]ct passed on the fifth day of December, one thousand eight hundred and seven, be, and the same is hereby extended until the fifth day of December, one thousand eight hundred and nine. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia, Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT To alter and amend an a[UNK]ct, entitled an a[UNK]ct to appoint commissioners for the purpose of carrying into effe[UNK]ct the building the court house and jail for the county of Wayne. WHEREAS, it is just and reasonable that the place of holding courts in the several counties should be as nearly in a central situation as possible, and whereas, in Wayne county the place pointed out by said a[UNK]ct, is on one side, and near the upper corner of said county. For remedy whereof, 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and after the passing of this

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a[UNK]ct, the courts and ele[UNK]ctions in said county; shall be held at the house of captain William Clements, which is near the centre of said county, until such time as the commissioners hereafter named shall fix on the place, and build a court house. 2. And be it further enacted, That Major John Fort, John Kemp, [Illegible Text] Jones, Jones Bevin, and George Linder, esquires, be, and they are hereby appointed commissioners for the purpose of fixing on a proper place for the ere[UNK]ction of a court house and jail, which place so fixed on by any three or more of them, shall become the permanent seat of the public buildings in said county, as so on as the court house can be got into a state of readiness for that purpose. 3. And be it further enacted, That so much of the above recited a[UNK]ct as contradi[UNK]cts this a[UNK]ct, be, and the same is hereby repealed. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate, Executive Department, Georgia. Jared Irwin, Governor. Assented to, 10th December, 1808. AN ACT To amend an a[UNK]ct entitled an a[UNK]ct to incorporate the town of St. Mary's. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in general assembly met, and by the authority of the same it is hereby ena[UNK]cted, That from and after the passing of this a[UNK]ct, all white persons, persons of color, and [Illegible Text], refiding

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within the town of St. Mary's shall be subje[UNK]ct to the control of the Intendant and Council for the time being, for the purpose of clearing and keeping clean the streets and public squares of and appertaining to the town aforesaid, under the same rules, regulations, fines, and forfeitures, as are in like cases incurred by law, as respe[UNK]cts roads in Camden county; and shall not be subje[UNK]ct to the dire[UNK]ction of the commissioners of county roads, or any other persons requiring the performance of road duty, without the consent of the council first had and obtained for so doing. 2. BE it ena[UNK]cted by the authority aforesaid, That the Intendant or any member of the Council of the town of St. Mary's is hereby authorised and empowered to administer oaths, which oaths shall be, and are hereby declared equally valid as if the same had been administered by a justice of the peace. 3. And be it further enacted, That all a[UNK]cts, or parts of a[UNK]cts that [Illegible Text] against this a[UNK]ct, shall be, and the same are hereby repealed. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the [Illegible Text] Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808.

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AN ACT To extend the town of Greenesborough, and the corporate jurisdiction thereof: 1. BE it enacted by the Senate and House of Representatives, in General Assembly met, and by the authority of the same, That the board of commissioners for the town of Greenesborough and County Academy, be, and they, or a majority of them for the time being, are hereby authorised to lay off lots in the said town of Greenesborough out of the tra[UNK]ct of one hundred acres set apart by the board of trustees of the University of Georgia, under an a[UNK]ct passed in 1786, impowering them so to do, for a common of such size and dire[UNK]ction as they may in their discretion think sit and proper for the welfare and prosperity of said town, and the same or any part thereof, to sell and dispose of to the best advantage, and execute good and sufficient titles in see simple to the purchasers, provided, that the funds arising from the sales shall be applied to the support and maintenance of the Academy in said town. 2. And be it further enacted, That the corporate limits of the said town of Greenesborough shall be extended over allsuch lots as may be sold by the said commissioners under this a[UNK]ct in the same manner and with the same powers as the old lots are, or have heretofore been subje[UNK]ct. 3. And be it further enacted, That the said commissioners, or a majority of them, are hereby authorised one day in each month, to call upon all persons in said town that by law are bound to perform duty upon the public roads of this State, for the purpose of clearing out, improving and keeping

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in a state of good repair the streets of the said town. And all persons who shall faithfully perform their duty in this respe[UNK]ct, shall be exempt from doing duty upon any other road or roads in the county. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT To authorise the commissioners of Louisville to lay out in lots, and sell such part of the common of said town as they may think proper, and to appropriate the proceeds of such sales to the use of the Academy of Louisville. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly, met, and by the authority aforesaid it is hereby enacted, That from and immediately after the passing of this a[UNK]ct, the commissioners of the town of Louisville are authorised and required to lay out in lots of such size as they may judge will be most produ[UNK]ctive, such part of the commons as may to them appear proper or necessary, and to sell or dispose of such lots by public sale, or otherwise, that may be most produ[UNK]ctive, and on receipt of the monies arising from such sales after paying the expences incurred by laying out and selling the same, the proceeds

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shall by them be placed in the hands of the commissioners of the Louisville Academy, by them to be applied to the use and benefit of that institution. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, December 10th, 1808. AN ACT To give further time to the purchasers of lots, in the town of Milledgeville, so far as it respe[UNK]cts the improvement of said lots, agreeable to an a[UNK]ct passed the 12th day of December, 1804: WHEREAS, the third fe[UNK]ction of the above recited a[UNK]ct is in the words following: That every purchaser shall within two years after such purchase, build upon, and improve such lot or lots, to the value of one hundred dollars each, or the lot or lots, together with the instalments which he may have paid, shall be forfeited to the State. For remedy whereof, 1. BE it ena[UNK]cted by the Senate and House of Representatives, in General Assembly met, and by the authority of the same That the time for improving said lot or lots, agreeable to the above recited a[UNK]ct, is hereby extended until the first day of January, eighteen hundred and ten. Provided the purchasers or holders of such lot or lots

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do within the above time prescribed for the improvement of said lot or lots, pay into the treasury of this State, the amount of the feveral instalments; and interest, due thereon 2. And be it further enacted by the authority aforesaid, That the commissioners appointed to sell and dispose of the lots in the town of Milledgeville, and their successors in office, after the first day of January, eighteen hundred and ten, or a majority of them, shall proceed to sell all such lot or lots as have reverted to and become the property of this [Illegible Text], agreeable to the above recited a[UNK]ct of eighteen hundred and four, in the same manner and upon the same terms, and subje[UNK]ct and liable to the same provisions and conditions, as sales heretofore made. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT To regulate the town of Darien, in the county of M`Intosh. 1. BE it enacted by the senate and House of Representatives of the state of Georgia in general assembly met, That from and after the passage of this a[UNK]ct, the inhabitants of the town of Darien, qualified to vote for members of the general assembly shall assemble on the second Monday in January annually, and then and there proceed to ele[UNK]ct by ballot [Illegible Text]

Page 95

commissioners who shall be freeholders in said town and have resided six months within the same, immediately preceeding the ele[UNK]ction. 2. And be it further enacted, That the commissioners so appointed shall have full power and authority over all streets, alleys, lanes and wharves, and to make such bye laws and regulations, and infli[UNK]ct or impose such fines and forfeitures as shall be conducive to the good order and government of said town. Provided, such bye-laws and regulations be not repugnant to the laws and constitution of the state. 3. And be it further ena[UNK]cted, That it shall and may be lawful for the said commissioners, or a majority of them, yearly, and every year, to make, lay and assess a rate or assessment upon all and every person or persons who do and shall inhabit, hold, use or occupy, possess or enjoy, any house, building or tenement within the limits of the aforesaid town of Darien, for raising such sum or sums of money as a majority of the aforesaid commissioners shall judge necessary for and towards carrying this a[UNK]ct into execution, and in case of refusal to pay such rate or assessment, the same shall be levied and recovered by warrant of distress and sale of the offender's lands, tenements, goods and chattels, under the hands and seals of the said commissioners, or a majority of them, dire[UNK]cted to any lawful constable of the aforesaid town of Darien. 4. And be it further ena[UNK]cted, That the commissioners of the aforesaid town of Darien shall, and they are [Illegible Text] authorised to build and ere[UNK]ct a work-house for the purpose of confining all disorderly persons in the aforesaid town. 5. And be it further enacted, That the jurisdi[UNK]ction of the commissioners of the aforesaid town

Page 96

of Darien shall extend in and over the town and commons of Darien, and from Union street continued to the river. 6. And be it further ena[UNK]cted, That the permanent inhabitants of the town of Darien, shall not be under the controul of the commissioners of the roads of the county of M`Intosh; the male slaves shall be liable to be employed by the commissioners of the aforesaid town in cleaning the streets and public squares of the aforesaid town; and all laws, or parts of laws, militating against this a[UNK]ct, hitherto passed for regulating the aforesaid town of Darien, be and the same are hereby repealed. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT To repeal an a[UNK]ct, entitled an a[UNK]ct to compel clerks to keep their offices at or within one mile of the court houses of the respe[UNK]ctive counties in this state, passed at Milledgeville the 7th December, 1807; so far as respe[UNK]cts the county of Washington. WHEREAS, the clerk's office of the superior court of Washington county is and has been for one or two years, before the passing of the before

Page 97

recited a[UNK]ct, within one mile and a quarter of the court house of said county. 1. Be it ena[UNK]cted 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 a[UNK]ct, it shall and may be lawful for the said clerk's office of the superior court of Washington county, to remain and be kept at the house of Thomas Rutherford, any law to the contrary notwithstanding. 2. And be it further enacted, That the said clerk be and he is hereby exonerated from all fines and forfeitures incurred by the before recited a[UNK]ct. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia, Jared Irwin, Governor. Assented to, 22d Dec. 1808. AN ACT To regulate the town of Jefferson in the county of Camden. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That Isaac Lang. Isaac Crews, Daniel Miller, Timothy Hopkins and Sylvanus Church, be and they are hereby appointed Commissioners of the said town; and they or a majority of them and their successors in office, shall have, and they are hereby vested with

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full power and authority to pass all bye-laws and ordinances which they, or a majority of them, may think necessary, for the improvement and keeping in repair and good order the streets of the said town, and for other purposes: Provided nothing herein contained, be repugnant to the laws and constitution of this State, and of the United States. 2. And be it further ena[UNK]cted, That the aforesaid commissioners, or a majority of them, and their successors in office, shall have full power to tolerate the lot holders of said town, to fence in and cultivate such streets as in their opinion are at this time not necessary for the use of said town. 3. And be it further enacted, That the power and authority vested in the said commissioners shall not extend to the passing any bye-laws or ordinances which may require corporal punishment to be infli[UNK]cted, neither shall the said commissioners be authorised to impose any poll tax upon the citizens of the said town, which shall exceed the sum of two dollars in the term of one year. 4. And be it further ena[UNK]cted, That the said commissioners shall continue in office until the first Monday in January, one thousand eight hundred and ten, on which day, and on the first Monday in January in every year thereafter, between the hours of ten o'clock in the forenoon, and three o'clock in the afternoon of that day, all the free male white citizens of said town, who shall have given in their taxable property, and are entitled to vote for members of the General Assembly, shall assemble at the court house of said county, and by ballot ele[UNK]ct five commissioners, who shall continue in office for the term of one year, at which ele[UNK]ction any two, or more justices of the peace of said county shall [Illegible Text]. Provided that the said commissioners, after

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having served the term of one year, shall be, and they are hereby re-eligible to the said appointment. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia, Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT To enlarge the limits of the town of Elberton, and to extend the jurisdi[UNK]ction of the corporation thereof. WHEREAS the present limits of the town of Elberton, from its contra[UNK]cted situation, renders it necessary that the same should be enlarged so as to promote the convenience of the inhabitants. 1. BE it therefore ena[UNK]cted by the senate and house of representatives of the state of Georgia in general assembly met and by the authority of the same, That from and immediately after the passing of this a[UNK]ct, the commissioners of the said town, or a majority of them, are hereby fully authorised and empowered to take and receive from any person or persons who may be lawfully possessed of the same, by clear and indisputable titles, a deed or deeds for the quantity of twenty acres of land, immediately adjoining the town on the north side thereof, and that they the said commissioners, or majority of them, or their successors in office, shall and may, and they

Page 100

are hereby required, to lay off the aforesaid twenty acres in lots of such size as they may deem most convenient, so soon as they shall receive a deed or deeds, with general warrantee to the aforesaid twenty acres of land. 2. And be it further enacted, That the powers of the corporation of the said town of Elberton, shall and is hereby declared to extend and to have full force and effe[UNK]ct, as well over the twenty acres hereby intended to be received by them in manner aforesaid, as over the lots now adjoining the said town, and at this time in the occupancy of William Holt, Joseph Griffin and Jesse Edwards. 4. And be it further ena[UNK]cted, That it shall be the duty of the said commissioners, or a majority of them, to have an accurate plan of the said town made out within three months after receiving titles [Illegible Text] the aforesaid twenty acres of land, on the north side of the said town, as herein before expressed, including therein the lots in the occupation of the said William Holt, Joseph Griffin and Jesse Edwards, wherein shall be designated the streets, alleys, and lots; and after the plan shall be so made out, to have the same recorded in the clerk's office of the inferior court of Elbert county, that the same may be subje[UNK]ct to the inspe[UNK]ction of all persons concerned. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President-of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808.

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AN ACT To amend an a[UNK]ct to regulate the town of Carnesville. BE it ena[UNK]cted by the Senate and House of Representatives of the State of Georgia, in general assembly met, and it is hereby enacted, That from and after the first day of January next the commissioners of the town of Carnesville shall have full power and authority to make, ordain and pass all such byelaws, rules and regulations, from time to time, as they, or a majority of them may deem necessary and conducive to the health, peace, tranquility and good order of the good citizens of the said town of Carnesville, to secure the buildings from fire, and other accidents, for removing wood and other lumber and obstru[UNK]ctions off the public square and streets, and for keeping the same clean and in good order Provided, That such bye laws, rules and regulations be not repugnant to the constitution and laws of the state, and that no pain or penalty, therein infli[UNK]cted upon any free white person, free person of color, or any slave, shall extend to life, limb, or corporal punishment. 2. And be it further ena[UNK]cted, by the authority of the same, That it shall be lawful for the said commissioners, or a majority of them, to [Illegible Text] a tax [Illegible Text] all persons retailing liquors in the public square or streets of said town. Provided, such tax shall not exceed six dollars for each day such person shall retail liquors in a less quantity than five gallons. 3. And be it further enacted by the authority aforesaid, That the commissioners of the said village of Carnesville shall be ele[UNK]cted on the first Monday in January in every year between the hours of ten o'clock in the forenoon, and three o'clock in the

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afternoon of that day, and that all persons who are entitled to vote for members of the general assembly, and who resides in the captain's distri[UNK]ct in which said village is situate, is hereby declared entitled to vote for commissioners of the village aforesaid, and shall be eligible to the appointment of commissioner of the said village. 4. And be it further enacted, That all laws, heretofore passed on this subje[UNK]ct, contrary to the intent and meaning of this law, is hereby repealed. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 17th December, 1808. AN ACT To repeal an a[UNK]ct, entitled an a[UNK]ct to compel clerks to keep their offices at or within one mile of the court houses of the respective counties in this State, passed at Milledgeville the 7th of December, 1807, so far as respects the county of Warren. WHEREAS it appears from a[UNK]ctual admeasurement, that the clerk's offices of the county of Warren are at present, and have been for a number of years, kept at the house of Turner Persons, within one mile and a quarter of the court house in said county. 1 BE it therefore ena[UNK]cted by the Senate and

Page 103

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 immediately after the passing of this a[UNK]ct, that it shall and may be lawful for the said clerk's offices in the said county of Warren, to remain and be kept at the house of said Turner Persons, any law to the contrary notwithstanding. 2. And be it further enacted, That the said clerks be, and they are hereby exonerated from all the fines and forfeitures incurred by the above recited a[UNK]ct. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT To repeal an act, entitled an act to compel clerks to keep their offices at the court house of the respective counties, or within one mile thereof, passed 7th of December, 1807, so far as respects the counties of Wayne, Tatnall, Wilkinson and Laurens. WHEREAS, it appears that the emoluments of the clerks of the counties of Wayne, Tatnall, Wilkinson

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and Laurens, are not yet sufficient to induce or enable them to reside (as the aforesaid law requires) at or within one mile of the court houses of the said counties. For remedy whereof, BE it ena[UNK]cted, and it is hereby enacted by the Senate and House of Representatives of the State of Georgia, in general assembly met, That from and immediately after the passing of this a[UNK]ct, to much of the aforesaid a[UNK]ct as respe[UNK]cts the counties of Wayne, Tattnall, Wilkinson and Laurens, be, and the same is hereby repealed, and the clerks of the said counties are hereby fully and completely exonerated from any fines or penalties they may have incurred for non-compliance with the requisitions of said a[UNK]ct. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate, Executive Department, Georgia. JARED IRWIN, Governor. Assented to 10th December, 1808. AN ACT For the relief of John M`Connel and James Elmore. WHEREAS, John M'Connel and James Elmore have a[UNK]cted the part of good citizens, in taking into their care and safely condu[UNK]cting from the Mississippi Territory to this State, Clement K. Harrison, who was charged with, and has since been found guilty and executed for the murder of Thomas [Illegible Text] and have expended considerable sums of money in their exertions to bring the said Clement to [Illegible Text] [Illegible Text].

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BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in general assembly met, That the sum of three hundred and fifty dollars be, and the same is hereby appropriated to the said John M`Connel and James Elmore, to be paid out of any monies which are now, or may hereafter come into the treasury which are not otherwise appropriated. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia, Jared Irwin, Governor. Assented to, 13th December, 1808. For the relief of John Smith (R. H.) AN ACT WHEREAS, John Smith (R. H) clerk of the court of Ordinary, escheator, clerk of the Inferior court, and clerk of the land court, in and for the county of Clarke, in the State of Georgia, hath represented by his petition to the General Assembly of the said State, now in session, that he [Illegible Text], by indisposition, been prevented from complying with the requisitions of an a[UNK]ct passed the seventh Dec. eighteen hundred and seven, entitled an a[UNK]ct to compel the clerks to keep their offices at, or within one mile of their respe[UNK]ctive court houses. 1. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That the said John Smith (R. H.) have until the first

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day of March, one thousand eight hundred and nine, to remove his said several offices to the court house of the county of Clarke aforesaid, or within one mile thereof, as is required by the a[UNK]ct above mentioned. 2. And be it further enacted, That the said John Smith (R. H.) be, and is hereby exempted and wholly exonerated from all fines, penalties and forefeitures, which he hath incurred, or become subje[UNK]ct to, or shall or may incur, or become subje[UNK]ct to, previously to the said first day of March, one thousand eight hundred and nine, by reason of his non-compliance with the requisitions of the said above mentioned a[UNK]ct. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. JARED IRWIN, Governor. Assented to, December 22d. 1808. AN ACT For the relief of David Terrell and John Holliday 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That David Terrell, clerk of the superior court, and clerk of the court of Ordinary, and John Holliday, clerk of the inferior court in and for the county of Wilkes, be permitted and authorised to keep their respe[UNK]ctive offices at the house of David Terrell, where they now are; any a[UNK]ct heretofore passed to the contrary notwithstanding.

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2. And be it further ena[UNK]cted, That the said David Terrell and John Holliday be, and are hereby exonerated and exempted from all fines, forfeitures or penalties, incurred under an a[UNK]ct passed 7th Dececember, 1807, entitled an a[UNK]ct to compel the clerks to keep their offices at the court-houses of their respe[UNK]ctive counties, or within one mile thereof. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate Executive Department, Georgia. Jared Irwin, Governor. Assented to 30th November, 1808. AN ACT For a temporary relief of Cornelius Murphy. WHEREAS Cornelius Murphy was appointed Colle[UNK]ctor of Taxes for the county of Baldwin, for the year 1807, and before the colle[UNK]ction of the said taxes was completed, the county of Baldwin was divided into several other counties; the balance of taxes remaining due in that part of Baldwin county, now Putnam, amounting to [Illegible Text] [Illegible Text] hundred dollars, the said Cornelius Murphy [Illegible Text] in the hands of Samuel Reed, the Sheriff of [Illegible Text] county, executions against the defaulters [Illegible Text] the above sum; and before the said executions [Illegible Text] returned, or the money paid to the said [Illegible Text] Murphy, Colle[UNK]ctor as aforesaid, the said [Illegible Text] [Illegible Text] departed this lifefor remedy whereof. BE it enacted by the Senate and House of [Illegible Text]

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of the State of Georgia in general assembly met, That the Treasurer shall not issue any execution against the said Cornelius Murphy for, or on account of the taxes aforesaid, for the year aforesaid, until the expiration of twelve months from the date hereof. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. JARED IRWIN, Governor. Assented to, 22d December, 1808. AN ACT To vest the real estate of James Alger, late of Chathm county, dec. in Sarah Alger, his widow, and Preserved Alger, his adopted son. WHEREAS, by the last will and testament of James Alger, late of Chatham county, deceased, it is evident and manifest that it was the earnest desire, wish and intention of the testator, to devise and give certain real estate to Preserved Alger, his nephew and adopted son, which last will and testament, it appears by the joint petition of Sarah Alger, widow of the said James Alger, and the said Preserved Alger, is informal and inopperative, as to the said real estateand whereas, the said Sarah Alger, as widow as aforesaid, is by the statute of distributions, invested with one undivided half of the said real estate, and has petitioned the Legislature, together with the said Preserved Alger, that

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the other half of the said real estate may be vested in the said Preserved Alger, thereby obtaining, as far as possible, under present circumstances, a provision for the said Preserved Alger out of the said real estate, BE it therefore ena[UNK]cted by the Senate and House of Representatives of the state of Georgia in general assembly met, That all the real estate whereof the said James Alger died seized or possessed of in his own right or claim, to be, and the same is hereby absolutely vested in the said Sarah Alger, her heirs and assigns, and in the said Preserved Alger, his heirs and assigns forever, as tenants in common. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808. AN ACT Granting leave to John Landrum to bring three negroes, purchased by him in the State of Virginia to this state. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in general assembly met, and by the authority of the same, That John Landrum, of the county of Wilkes be, and he is hereby permitted to bring into this state three negro

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slaves, already purchased by him in the state of Virginia, and to possess, hold and enjoy said negroes, free from all suits, prosecutions or fines imposed by an a[UNK]ct entitled an a[UNK]ct to prohibit the further importation of slaves into this state. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia, Jared Irwin, Governor. Assented to, 30th Nov. 1808. AN ACT To alter the name of John Clifton, to that of John Anderson Lea. WHEREAS, satisfa[UNK]ctory reasons have been offered to authorise the alteration aforesaid. BE it ena[UNK]cted 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 said John Clifton shall, from and after the passing of this a[UNK]ct, be known and called by the name and style of John Anderson Lea. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 22d December, 1808.

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AN ACT To divorce and seperate Robert Rudolph and Mary his wife. 1. BE it ena[UNK]cted by the senate and house of representatives of the state of Georgia in general assembly met and by the authority of the same, That from and immediately after the passing of this a[UNK]ct, the matrimonial connexion, or civil contra[UNK]ct of mariage, made between Robert Rudolph, and Mary, his wife, late Mary Mickler, shall be completely annulled, set aside and dissolved, as fully and effe[UNK]ctually as if no such contra[UNK]ct had ever heretofore been made and entered into between them. 2. And be it further enacted by the authority aforesaid, That the said Robert Rudolph and Mary Rudolph, late Mary Mickler, shall in future be held as seperate and distin[UNK]ct persons, altogether unconne[UNK]cted by any mystical union, or civil [Illegible Text] a[UNK]ct whatsoever, at any time heretofore made or entered into between them. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 16th December, 1808. AN ACT To change the name of Edney Robertson. 1. BE it ena[UNK]cted by the Senate and House of Representatives

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of the State of Georgia in general assembly met, That from and after the passing of this a[UNK]ct, the aforesaid Edney Robertson shall be called and known by the name and style of Edney Bond. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. JARED IRWIN, Governor. Assented to, 16th December, 1808. AN ACT To divorce Jesse Corum and Patsy his wife, and for prote[UNK]cting each of them in their respe[UNK]ctive estates. 1. BE it enacted by the senate and House of Representatives of the state of Georgia in general assemsembly met, and by the authority of the same, That from and after the passing of this a[UNK]ct, the matrimonial conne[UNK]ction and civil contra[UNK]ct of matrimony made between the aforesaid Jesse Corum and Patsy Corum his wife, late Patsy Taylor, shall be completely annulled and set aside and dissolved, as fully and effe[UNK]ctually as if no such contra[UNK]ct had been made and entered into between them. 2. And be it further enacted, That the said Patsy Corum, late Patsy Taylor, is hereby declared to be a seme sole; and shall not in future be bound on any pretence whatever for the payment of any debts, dues or demands of the said Jesse Corum, on or for his contra[UNK]cting, or with any a[UNK]ctions of or [Illegible Text]

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damages for, or by reason of any tort, trespass or damages whatever, heretofore or hereafter to be committed by the aforesaid Jesse Corum. 3. And be it further enacted, That the said Jesse Corum and Patsy Corum, late Patsy Taylor, shall in future be held and considered as distin[UNK]ct and separate persons, altogether unconne[UNK]cted by any mystical union or civil contra[UNK]ct whatever. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia. JARED IRWIN Governor. Assented to, 22d December, 1808. AN ACT To alter the name of Thomas Ryan to that of Thomas Coram. WHEREAS satisfa[UNK]ctory reasons have been offered to authorize the alteration aforesaid. Be it ena[UNK]cted 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 said Thomas Ryan, shall, from and after the passing of this a[UNK]ct, be known and called by the name and style of Thomas Coram. BENJAMIN WHITAKER, Speaker of the House of Representatives HENRY MITCHELL, President of Senate. Executive Department, Georgia. JARED IRWIN, Governor. Assented to, 16th December, 1808.

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AN ACT To alter and change the name of Eliza Moriah Dixon, to that of Eliza Moriah Hughes. WHEREAS, it is the wish and desire of Owen Hughes, who married the mother of the said Eliza Moriah, that she should bear his name. And, whereas, the grand father of the said Eliza Moriah hath left her by will a certain portion of property in the name of Eliza Moriah Hughes. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and immediately after the passing of this a[UNK]ct, the said Eliza Moriah Dixon shall bear and be known by, the name of Eliza Moriah Hughesany law to the contrary notwithstanding. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. JARED IRWIN, Governor. Assented to, 13th December, 1808. AN ACT To secure to Jane Cone, formerly Jane Cason any property which she may hereafter acquire by deed, will or otherwise. WHEREAS, William Cone, husband of the said Jane Cone, has seperated himself from the said

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Jane, for the term of three or more years, and has married another womanand whereas the said Jane Cason's father, Hillery Cason, wishes that his daughter should enjoy a part of his estate, which cannot be put out of the reach of said Cone without Legislative interference. 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same. That from and after the passing of this a[UNK]ct, the aforesaid Jane Cone may receive any property that the aforesaid Hillery Cason may be deed or will bestow upon her, in as full and complete a manner as if the said Jane Cone had never been married, and was now a feme sole, and that she shall have the entire control and dire[UNK]ction of such property, without the [Illegible Text] of the aforesaid William Cone in any manner whatever. 2. And be it further ena[UNK]cted, That any property that the said Hillery Cason may bestow upon the aforesaid Jane Cone, formerly Jane Cason, shall after her decease descend to such children as may have been borne to the said Jane Cone, by the aforesaid William Cone, in lawful wedlock, or to any children that may be borne to the said Jane Cone in lawful wedlock by any other person, in the event of legal seperation from the aforesaid William Cone, any law to the contrary notwithstanding. 3. And be it further ena[UNK]cted, That all and every other description of property whatsoever that may have been acquired by the said Jane Cone, formerly Jane Cason, since the separation of her husband from her, or that she may hereafter acquire by her

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industry or otherwise, shall be and remain to her beyond the reach or controul of her said husband. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to, 10th December, 1808. AN ACT To divorce John Fitzpatrick and Elizabeth Fitzpatrick his wife. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That after the passing this a[UNK]ct, the matrimonial conne[UNK]ction and civil contra[UNK]ct of marriage made between the above named John Fitzpatrick and Elizabeth his wife, shall be completely annulled, set aside and dissolved, as fully and effe[UNK]ctually as if no such contra[UNK]ct had been made between them. 2. Be it further enacted, That the real and personal property which has not by him the said John Fitzpatrick and Elizabeth Fitzpatrick, been sold or disposed of, which the said John Fitzpatrick received with or acquired by, or in virtue of this union with the said Elizabeth, shall from henceforth be considered as returned to her the said Elizabeth as well as all the property she may in future inherit or otherwise acquire, and the said property is hereby declared to be fully and absolutely vested in the said Elizabeth Fitzpatrick, her heirs, executors and assigns forever.

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3. Be it further enacted, That the faid Elizabeth Fitzpatrick is hereby [Illegible Text] to be a [Illegible Text] sole, and she shall not be allowed in future; on any petition wharever, to charge the said John Fitzpatrick, his heirs, executors or assigns with any debts of her contra[UNK]cting, or with any a[UNK]ctions of or for damages whatsoever, which shall hereafter be committed or done by the said Elizabeth Fitzpatrick, and she shall not be entitled to [Illegible Text] of, or in the estate of the said John Fitzpatrick but shall be considered and [Illegible Text] as being barred, and as having forfeited the same. 4. And be it further ena[UNK]cted, That the said John Fitzpatrick and Elizabeth Fitzpatrick shall in future be held as distin[UNK]ct and separate persons altogether unconne[UNK]cted by any civil union or contra[UNK]ct [Illegible Text] Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate. Executive Department, Georgia. Jared Irwin, Governor. Assented to 22d December, 1808. To pardon Osborne Randle. AN ACT WHEREAS, at a Superior court, held in and for the county of Hancock on the eighteenth day of August, in the year of our Lord one thousand eight hundred and eight, a certain Osborne Randle was convi[UNK]cted of the crime of murder, and received fentence of death, to be executed on the

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sixteenth day of September after the said convi[UNK]ction. And whereas, the execution of the said Osborne Randle was respited by his Excellency the Governor until the ninth day of December next. BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That from and immediately after the passing of this act, the said Osborne Randle be, and he is hereby declared to be fully, freely, clearly and entirely pardoned, exonerated and discharged from the pains and penalties of his said convi[UNK]ction, as fully, [Illegible Text] clearly and entirely, as if such offence had never been committed or done by him. Provided nevertheless, that the said Osborne Randle shall before his discharge, pay all legal costs of his imprisonment, and the costs of prosecution. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia, Jared Irwin, Governor. Assented to, 22d November, 1808. To pardon Russell Baily: AN ACT WHEREAS, at a Superior Court held in and for the county of Wilkes on the eleventh day of November, in the year of our Lord, one thousand eight hundred and eight, a certain Russell Baily was

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convi[UNK]cted of the crime of murder, and received fentence of death, to be executed on the fecond day of December, after the said convi[UNK]ction. And whereas, the jury who found a verdi[UNK]ct against the said Russell Baily, have recommended him to the mercy of the General Assembly, BE it therefore ena[UNK]cted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That from and immediately after the passing of this a[UNK]ct, the said Russell Baily be, and he is hereby declared to be, fully, freely, clearly and entirely pardoned, exonerated and discharged from the pains and penalties of his said convi[UNK]ction, as fully, [Illegible Text], clearly and entirely as if such offence had never been committed or done by him. Provided [Illegible Text], that the said Russell Baily shall, before his discharge, pay all legal costs of his imprisonment, and the costs of profecution. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of Senate Executive Department, Georgia. Jared Irwin, Governor. Assented to 26th November, 1808.

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Amendment to the Constitution. EXECUTIVE DEPARTMENT, GEORGIA. MILLEDGEVILLE, 4 th FEBRUARY, 1809. ORDERED...That the Secretary of the State, prepare and affix, to the A[UNK]ct entitled An A[UNK]ct to alter and amend the tenth section of the third article of the Constitution his certificate that the [Illegible Text] has undergone the formalities, in and by the fifteenth section of the fourth article of the Constitution required. ATTEST, JAMES BOZEMAN, SECRETARY. SECRETARY OF STATE's OFFICE, GEO. MILLEDGEVILLE, 4th FEBRUARY, 1809. IN obedience to the above order from his Excellency [Illegible Text] Governor to me directed, public notice is hereby given, that the Act entitled An Act to alter and amend the tenthsection of the third article of the Constitution has undergone the requisites in and by the fifteenth section of the fourth article of the Constitution required, and that the same has become a part of the Constitution of this State. HOR: MARBURY, SECRETARY.

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AN ACT To alter and amend the tenth se[UNK]ction of the third article of the Constitution. WHEREAS the said tenth fe[UNK]ction is in the words following The clerks of the superior and inferi or courts shall be appointed in such manner as the Legislature may by law dire[UNK]ct; shall be com-missioned by the Governor, and shall continue in office during good behavior,for remedy whereof. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in general assembly met, and by the authority of the same, That the clerks of the superior and inferior courts shall be ele[UNK]cted on the same day as pointed out by law for the ele[UNK]ction of other county officers. 2. And be it further enacted, That as soon as this bill shall be passed by two thirds of both branches of the next Legislature, and be approved of by the Governor, it shall become a part of the Constitution of the state of Georgia. Benjamin Whitaker, Speaker of the House of Representatives. Henry Mitchell, President of the Senate. Executive Department, Georgia, Jared Irwin, Governor. Assented to, 16th December, 1808.