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: JOHN A. CUTHBERT 18351100 English

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN MILLEDGEVILLE AT AN ANNUAL SESSION IN NOVEMBER AND DECEMBER, 1835. 18351100 18351200 PUBLISHED BY AUTHORITY. MILLEDGEVILLE : JOHN A. CUTHBERT, PRINTER. 1836.

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. PASSED IN NOVEMBER AND DECEMBER, 1835. ACADEMIES. AN ACT to repeal the first section of an act passed the 24th December, 1833, to appoint Trustees for the Sumter County Academy, at Americus, and to appoint Trustees for the same. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That William Pegg, Mark M. Brown, John T. M `Crary, Jesse Harris and Thomas Gardener, and their successors in office, are hereby appointed Trustees of the Sumter County Academy at Americus; and they are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Sumter County Academy at Americus, with the privilege of using a common seal. Sec. 2. And be it enacted by the authority aforesaid , That all laws heretofore passed appointing or authorizing the appointment of Trustees of the Sumter County Academy

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at Americus be, and the same is hereby repealed, so far as relates to the appointment of Trustees, and no farther. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT to be entitled an act to alter and amend an act to incorporate the Carrollton Academy, in the county of Carroll, and appoint Trustees for the same, so far as relates to the appointing of Trustees. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, Giles S. Boggess, Appleton Manderville, Henry Curtis and Thomas Espy be appointed a board of Commissioners for Carrollton Academy, whose duty it shall be to open a subscription for Students to said institution. Sec. 2. Be it further enacted , That the said Commissioners shall convene at the Academy on the second Saturday in January next, and hold an election for five Trustees; and in such election all subscribers to the institution shall be entitled to one vote for each Student subscribed, and the persons so elected shall take an oath for the faithful performance of their duty as Trustees, and continue in office for one year, and until their successors are elected and qualified. Sec. 3. Be it further enacted , That there shall be an

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annual election for five Trustees for said Academy, to be held on the second Saturday in January; and in case of failure to hold said election as aforesaid, it shall be the duty of the Commissioners or Trustees to order an election at any subsequent time they may think proper, by giving five days notice previous to the day of election. Sec. 4. Be it further enacted , That in all cases where vacancies shall occur, either by death, removal, resignation, or otherwise, it shall be the duty of the remaining Trustees to fill such vacancies by election as aforesaid. Sec. 5. Be it further enacted , That all laws and parts of laws militating against this act be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT to establish and fix the name of the Female Academy at Forsyth, and Chapel Hill Academy, both in the county of Monroe, and to incorporate the same and appoint the Trustees thereof. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That immediately from and after the passage of this act, the Female Academy at Forsyth, in the county of Monroe, shall be called and known by the name of the Forsyth Female Academy. And that Jesse Dunn, Henry Long,

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A. M. D. King, B. H. Rutherford, and J. H. Gordon, and their successors in office be, and the same are hereby declared to be a body politic and corporate, by the name and style of the Trustees of the Forsyth Female Academy, and as such body politic and corporate, shall be capable of doing all acts which may be necessary for the complete execution of the trust confided to them. That they shall be invested with all manner of property, both real and personal, which shall be acquired by gift, grant, purchase, or otherwise, for the use and benefit of said Academy: shall be capable of suing and being sued, of having and using a common seal; and they, the said Trustees, and their successors in office, or a majority of them, shall have the privilege of making their own by-laws; Provided they contain nothing repugnant to the Constitution or laws of this State; and of filling all vacancies in their own board which may be occasioned by death, resignation, or otherwise. Sec. 2. And be it further enacted by the authority aforesaid , That Mickleburg Merrit, Asa Smith, Hiram Phinizy, Cullen Thornton, and M. T. Caldwell be, and they are hereby constituted and appointed Trustees of Chapel Hill Academy, in the county of Monroe, and by that name and style shall be called and known; and as such, and by that name, are hereby invested with all the rights, privileges and immunities conferred on the Trustees of the Female Academy at Forsyth, in the county of Monroe. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS. President of the Senate. WILLIAM SCHLEY, President. Assented to, 24th Dec. 1835.

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AN ACT to be entitled an act to authorize his Excellency the Governor to draw his warrant on the Treasurer in favour of the Trustees of Franklin County Academy, for such dividends as may be due said Institution. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That his Excellency the Governor be, and he is hereby authorized to draw his warrant on the Treasurer in favour of the Trustees of Franklin County Academy, for such dividends as may be due said Institution, on the application of any one of the Trusteesany law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT to authorize the payment to the Trustees of Laurens County Academies, of all dividends that may be due the said Institutions at the time of the next distribution. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That his Excellency the Governor be, and he is hereby

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required to draw his warrant on the Treasurer in favour of the Trustees of the Dublin Academy, for one half of the amount that may be found due the said Institution, and the other half to the Trustees of the Buckeye Academyany law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT to amend an act entitled an act to distribute certain funds among the several counties in this State for the use of Academies, and to provide a more equitable method for the distribution of said funds, so far as said act authorizes the several Academies to draw a share of said funds, in proportion to the number of Students taught in the several Academies during the past year, agreeably to the returns made in the Executive office, on an order of a majority of the Trustees of such Academy, so far as the same relates to the Academies of Lincoln County, now incorporated, or that may hereafter be incorporated in said county, and for other purposes. Sec. 1. Be it enacted by the Sente and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, all sums of money that are now set apart, and not yet distributed, or that may be hereafter set apart for the use of the incorporated Academies in Lincoln county, shall be drawn and divided equally between the said Academies, as has been done previous to the passage of this act; and that an order

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from the Treasurer of either of said Academies, and if no Treasurer, then from a majority of the Trustees of such Academy, directed to his Excellency the Governor, shall be sufficient to draw their dividend of such fund. And whereas the Treasurer of the Bulloch County Academy failed to make a formal report, as required by law, of the amount and condition of the Academic fund of said county for 1834; Sec. 2. Be it therefore enacted by the authority aforesaid , That his Excellency the Governor be, and he is hereby authorized and required to pay over to the Treasurer of the Bulloch County Academy, or to the order of the Academy Commissioners, the dividend apportioned to said county Academy for the year 1834, on receiving a satisfactory return from said Commissioners for the year aforesaid. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT to authorize the payment to the Trustees of the Laurens County Academies of all dividends that may be due the said institutions at the time of the next distribution. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That his Excellency the Governor be, and he is hereby required to draw his warrant on the Treasurer in favour

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of the Trustees of the Dublin Academy, for one half of the amount that may be due the said institution, and the other half of the Trustees of the Buckeye Academyany laws to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT to be entitled an act to authorize the payment of one hundred and twelve dollars and thirty cents to the Trustees of Monaghan Academy, out of the next Academic dividend due Warren County from the State, besides a distributive share of the balance of said dividend. 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 aforesaid , That his Excellency the Governor of Georgia be, and he is hereby authorized to pay to the Trustees of Monaghan Academy, in Warren county, the sum of one hundred and twelve dollars and thirty cents, out of the next Academic dividend due said county of Warren, besides a distributive share of the balance of said dividend, which distributive share of the balance to be made according to the act of Assembly. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835.

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AN ACT to incorporate Mount Pleasant Academy, in the County of Muscogee, and to appoint Trustees for the same; and to incorporate certain Academies therein named, and to appoint Trustees for the same; and to confer certain rights and privileges upon the same. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, Jacob Pruett, William Kirk, Henry Pruett, Thomas A. Thornton and Garland Dawkins be, and they are hereby appointed Trustees of the Mount Pleasant Academy, in the county of Muscogee. Sec. 2. And be it further enacted , That the said Trustees, or their successors in office be, and they are hereby declared to be a body politic and corporate, by the name and style of the Trustees of the Mount Pleasant Academy, and as such shall be capable and liable in law to sue and be sued, plead and be impleaded; and shall be authorized to make such by-laws and regulations as may be necessary for the government of said Academy, provided such by-laws are not repugnant to the constitution and laws of this State; and for that purpose may have a common seal, and appoint such officers as they may think proper, and remove the same from office. Sec. 3. And be it further enacted , That the said Trustees of the before mentioned Academy, shall be capable of accepting and being invested with all manner of property, both real and personal, all gifts, donations, grants, rights, privileges and immunities whatsoever, which may belong to said institution, or which may hereafter be conveyed or transferred to them or their successors in office, to have and to hold the same for the proper benefit and behoof of said Academy. Sec. 4. And be it further enacted by the authority aforesaid , That when any vacancy shall happen, by-death, resignation, or otherwise, of any one or more of the Trustees

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of said Academy, their survivors, or a majority of them, shall fill such vacancy. Sec. 5. And be it further enacted by the authority aforesaid , That Robert Parham, Henry Robinson, James Stinson, Bishop Clements and Abraham Hill be, and they are hereby appointed Trustees of Liberty Academy, in the County of Merriwether, and that the said Trustees and their successors in office are hereby declared to be a body politic and corporate, by the name and style of the Trustees of Liberty Academy; and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, and to make all such by-laws and regulations as may be necessary for the government of said Academy; provided such by-laws and regulations are not repugnant to the constitution and laws of this State. Sec. 6. And be it further enacted , That said Trustees shall be capable of holding real or personal estate, all gifts, grants and immunities which may now belong to said institution, or which may hereafter be conveyed to them or their successors in office for the benefit of said institution; and that when any vacancy may happen, by death, resignation, or otherwise, of any one or more of said Trustees, the survivors, or a majority of them, shall fill said vacancy. Sec. 7. And be it further enacted , That James Perry, Nicholas Smith, John T. Sharpe, Joshua Dasher and Thomas Grace be, and they are hereby appointed Trustees of Erasmus Hall Academy, in the county of Tattnall, and entitled to all the rights and privileges, and subject to all the restrictions as belong to and are imposed on the Trustees of Liberty Academy, in the county of Merriwether. Sec. 8. And be it further enacted , That said Academy shall be entitled to the Academic fund which shall be due said county for the years 1836 and 1837, which may be drawn by the Trustees of the aforesaid Academy, under the same rules and regulations as is prescribed for other counties in this state. Sec. 9. And be it further enacted , That the act which blended the Academic fund and the Poor School fund be, and the same is hereby, so far as it militates against this act, repealed.

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Sec. 10. And be it further enacted , That Sherwood Roberts, Edward W. Jones, Thomas H. White, Thomas Dooly, and Charles Wade be, and they are hereby appointed Trustees of the Wrightsborough Academy, in the county of Columbia, and entitled to all the rights and privileges, and subject to the same restrictions as belong to and are imposed on the other Academies incorporated by this act. Sec. 11. And be it further enacted , That Bozman Adair, Thomas Roddy, Jacob Awtry, Joseph Chambers and James Majors be, and they are hereby appointed Trustees of the Villa Rica Academy, in the county of Carroll, and entitled to all the rights and privileges, and subject to all the restrictions as granted to and imposed on the other Academies incorporated by this act. Sec. 12. And be it further enacted , That John Bentley, Benjamin Graves, Eli Garnett, John M`Cord and John Wright be, and they are hereby appointed. Trustees of the Salem Academy and Baptist Church, in the county of Lincoln, and entitled to all the rights, privileges and immunities, and subject to all the conditions as are granted to and imposed on other Academies incorporated by this act. Sec. 13. And be it further enacted , That the name of John W. G. Smith be inserted in the place of John W. Gordon, one of the Trustees of the Blountsville Academy, in the county of Jones, who declines to act as Trustee of said Academy. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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are hereby appointed additional Trustees to the Starkesville Academy, in Lee county. A majority of said Trustees shall at any time form a quorum for the transaction of business relating to said Academy; and on the said Trustees making satisfactory showing to his Excellency the Governor, of the disposition of the money already drawn for the county of Lee, his Excellency shall forthwith draw his warrant upon the Treasurer in favour of said Trustees for all money that may be due said county for the purpose of education, and the same shall be paid over, subject to the order of said Trusteesany law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT to be entitled an act to appropriate a sum of money to the several counties herein named, for the use of Academies in said counties. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act the sum of eight hundred and fifteen dollars be, and the same is hereby appropriated to each of the following counties, for the building of Academies in said counties; viz., Cass, Cobb, Cherokee, Floyd, Forsyth, Paulding, Lumpkin, Gilmer, Murray, Union and Walker. And the Trustees of said Academies shall be entitled to receive said appropriations, and apply the same to the establishing of Academies in said counties.

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Sec. 2. And be it further enacted by the authority of the same , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. APPROPRIATIONS. AN ACT to appropriate money for the political year eighteen hundred and thirty-six. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the following sums of money be, and the same are hereby appropriated for the political year eighteen hundred and thirty-six, viz. The salary of his Excellency the Governor shall be three thousand dollars per annum. The Secretaries of the Governor, not exceeding three, one thousand dollars each per annum. The Secretary of State, two thousand dollars. The Treasurer, two thousand dollars. The Comptroller, two thousand dollars. The Surveyor General, two thousand dollars. The Clerk of the House of Representatives and Secretary of the Senate, six hundred dollars each per annum; Provided , no warrant shall issue for the first quarter's salary of

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the Secretary of the Senate and Clerk of the House of Representatives, until the Executive shall have satisfactory evidence that the said Secretary of the Senate and Clerk of the House of Representatives have respectively made or caused to be made and attached to the Journals of the present session good and sufficient indices. The Judges of the Superior Courts, each twenty-one hundred dollars. The Attorney General, and nine Solicitors General, two hundred and twenty-five dollars each per annum. Sec. 2. And be it enacted by the authority aforesaid , That for the printing-fund not exceeding twenty thousand dollars, and the further sum of twenty thousand dollars be, and the same are hereby appropriated and set apart as a contingent fund, subject to the order of the Governor, during the political year eighteen hundred and thirty-six. Sec. 3. And be it further enacted by the authority aforesaid , That for the compensation of the Members of the Legislature, four dollars each per day, during their attendance Provided , that nothing herein shall be so construed as to authorize any member of either branch of the General Assembly to receive said four dollars after they have left the Legislature for the remainder of the sessionbe appropriated, and the sum of four dollars for every twenty miles in coming to and returning from the seat of Government; the sum of six dollars each per day to the President of the Senate and Speaker of the House of Representatives during their attendance; and the sum of four dollars for every twenty miles in coming to and returning from the seat of Government. To the Clerk of the House of Representatives and Secretary of the Senate, during the session of the Legislature, six dollars each per day, and the sum of sixty dollars each for contingent expenses. To two engrossing Clerks, assistant Clerk of the House of Representatives, and assistant Secretary of the Senate, and one engrossing and one enrolling Clerk of the Senate, six dollars each per day. To the Messengers and Door-keepers of the Legislature, four dollars each per day during the present session. Sec. 4. And be it further enacted by the authority aforesaid , That for the purpose of meeting the appropriations and defraying the expenses of Government, for the political year eighteen hundred and thirty-six, the President

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and Directors of the Central Bank are hereby directed to place to the credit of the Treasurer of the state, from time to time, such sum or sums as may be required to meet warrants drawn upon him by his Excellency the Governor, and also to meet the President and Speaker's warrants of the present session, charging the same to the capital Stock of said Bank, and to be certified by the Treasurer to the Comptroller General, and by the Treasurer entered upon the President and Director's receipts; and the Treasurer shall certify and receipt, as aforesaid, for the sum of forty-two thousand eight hundred and forty dollars, advanced to him by the President and Directors of said Bank, in December, eighteen hundred and thirty-four, by the Speaker's and President's warrants of the last session, upon the execution of which they shall deliver to him the said warrants, to be incorporated in his annual report to the next General Assembly. Sec. 5. And be it further enacted , That the sum of nine hundred dollars be paid to William W. Gordon, and the sum of nine hundred dollars be paid to Francis H. Cone, for their services in prosecuting scire facias against the Merchants and Planters' Bank of the city of Augusta. To the Rev. Elijah Sinclair, Commissioner, to attend to the education of the deaf and dumb in this State, for the year eighteen hundred and thirty-five, the sum of seven hundred and fifty dollars for his said services, agreeably to a concurred resolution. To John Bethune, late Surveyor General, the sum of twenty-four dollars to defray the expenses of Clerk hire, agreeably to a concurred resolution. The sum of four thousand four hundred and fifty dollars for the education of the deaf and dumb, agreeably to a concurred resolution. To John J. Humphrey, the Sheriff of Murray county, the sum of thirty-one dollars and twenty-five cents, for the taking and conducting James Graves from Cassville to Spring Place, to be executed according to sentence of law, agreeably to resolution of the Legislature, passed on the 15th of November, 1834. To Edward J. Hill, late Solicitor General of the Oemulgee circuit, the sum of seventy-five dollars for his services in prosecuting to judgment a claim of the state against E. H. Pierce, of Baldwin county. Sec. 6. And be it further enacted by the authority aforesaid , That the sum of one hundred and sixty-one dollars

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be allowed to Ezekiel E. Park, for his services as clerk of the committee appointed by the last legislature, to investigate the affairs of the Farmers' Bank of Chattahoochie. To the Clerk of the committee on Finance, and the Clerk of the committee on the Penitentiary, each one hundred dollars; and to the Clerk of the committee on Public Education, one hundred and fifty dollars, and ten dollars to the Clerk of the committee on the Court of Errors. And the sum of seventy dollars forty-one cents to be paid to Pierson Pettit, agreeably to a concurred resolution in session of 1834. Sec. 7. And be it further enacted, That the sum of five thousand dollars be, and the same is hereby appropriated to repair and raise the outer wall of the Penitentiary. To Henry Darnell the sum of one hundred dollars, for airing, scouring, and taking care of the Senate and Representative Chambers, and making fires on wet days. To Peter Fair the sum of one hundred dollars, for winding up the clock, and keeping clean the staircases, c.; and for sweeping out the gutters to the State House, twenty-five dollars. Sec. 8. And be it further enacted, That the sum of sixty-one dollars be, and the same is hereby appropriated to compensate Benjamin N. Wheeler for his services in taking the enumeration of the county of Walker. And the sum of thirty dollars be appropriated to compensate William Gilleland for his services in taking the enumeration of Union county. Sec. 9. And be it further enacted , That the sum of ten thousand dollars be set apart out of the unexpended moneys of the Treasury, for the purchase of pistols, swords, and holsters, for the equipment of cavalry companies of this State, to be procured by his Excellency the Governor, for that purpose. And the sum of five hundred dollars to the Secretary of State for clerk hire, for the year eighteen hundred and thirty-six. And five hundred dollars to the Surveyor General for clerk hire for the year eighteen hundred and thirty-six. Sec. 10. And be it further enacted , That the sum of one hundred and forty-four dollars be paid to H. G. M`Farlin, for his attendance at Milledgeville at the present session, as a member of the committee appointed to investigate

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the official conduct of the Hon. John W. Hooper, Judge of the Cherokee circuit. Also the sum of two dollars and fifty cents per day, while in service, for Elias Boudenott for his services as interpreter in criminal cases in the Cherokee circuit, when Cherokees are defendants, so soon as the presiding Judge may have approved the accounts of said Boudenott. Also fifteen thousand dollars for the building of a Government House, in conformity with a concurred resolution. Sec. 11. And be it further enacted , That the sum of one thousand dollars be, and the same is hereby appropriated for the purpose of defraying the expenses of the citizens of Stewart, Randolph, Early, Baker and Lee, for services rendered by them in defending the citizens of said counties against the attacks of the Creek Indians, during the year eighteen hundred and thirty-five, and that the same shall be paid out by a paymaster, to be appointed by his Excellency the Governor, at and after the rate and per diem allowed by an act of the present General Assembly, providing for this object. And that the further sum of sixteen dollars and twenty-five cents to the Justices of the Inferior Courts of the county of Walker, the amount paid by them to the Coroner of said county for holding an inquest over the body of Alexander M`Pherson, a Cherokee Indian, and burial expense. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835.

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ASYLUMS. AN ACT to authorize the Justices of the Inferior Court of Coweta county to provide and establish an Asylum for the invalid poor of said county. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That so soon as the Justices of the Inferior Court of said county aforesaid shall have at their disposal sufficient funds of the moneys arising from the tax assessed agreeably to the law now in force in this State, for the support of the poor, and deem the measure expedient, they shall be, and are hereby authorized to purchase for said county a suitable situation of land, not exceeding two hundred acres, for the use and occupation of the invalid poor of said county, erect suitable buildings, and make every other provision which to them may appear necessary to the economical and comfortable support of such invalid poor. Sec. 2. And be it further enacted , That said Justices shall have full power to appoint fit and proper persons as managers or agents for the care and management of the Asylum and invalid poor aforesaid, and the persons so appointed shall have full power and authority to make such rules and regulations as they may deem necessary and right for the government of said invalid poor, which they may deem conducive to the end and object contemplated by this act. Sec. 3. And be it further enacted , that all persons received at said Asylum or Poor House, shall be subject and liable to the government and ruling of the agents appointed agreeably to the second section of this act. But no part of this act shall be so construed as to prevent the Justices of the Inferior Court from making any appropriation at any time in order to aid and facilitate the operation of said

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Institution, or in favour of any poor person, where they may consider it would be more conducive to the interest of the county, or more congenial with the feeling of humanity to keep them in any other part of the county. Sec. 4. And be it further enacted , That the Agents appointed agreeably to the provisions of this act shall, at the first term of the Inferior Court in each year, lay before the Court an exact account under oath, of the expenses incurred in conducting the aforesaid Institution the preceding year, at which time the Inferior court shall order an appropriation to be made in favour of said account, to be placed in the hands of the agents for its payment, if they shall deem the same correct and just, and also allow the agents appointed agreeably to the provisions of this act a reasonable compensation for their services as such. Sec. 5. And be it further enacted , That all laws and parts of laws operating against the provisions of this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. AN ACT to be entitled an act to authorize the Justices of the Inferior Court of Gwinnett and Talbot counties to erect a Lunatic and Poor Asylum, in and for said counties respectively. Sec. 1. 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 hereby enacted by the authority of the same , That from and after the passage of this act it shall and may be lawful for the Justices of the Inferior Court of Gwinnett and Talbot counties respectively, or a majority of them, to purchase a suitable tract of land and cause suitable buildings to be erected thereon, for the comfort and convenience of the lunatic and invalid poor of said counties respectively. Sec. 2. And be it further enacted by the authority aforesaid , That the said Justices of the Inferior Courts of said counties respectively, and their successors in office, or a majority of them, shall have power to act as Trustees, agents, superintendants, c.; or to appoint from time to time such person or persons as they or a majority of them respectively, may deem most advisable. Sec. 3. And be it further enacted by the authority aforesaid , That all lunatics and paupers received at this institution of said counties respectively, shall be subject to such rules and regulations as the said Inferior Courts or Trustees of said counties respectively, may from time to time create; Provided , the same shall not be inconsistent with the constitution and laws of this State or of the United States. Sec. 4. And be it further enacted by the authority aforesaid , That nothing in this act shall be so construed as to authorize the said Inferior Courts of said counties aforesaid respectively, to compel any pauper to attend said Asylum, or to prevent them from making any appropriation in favour of any pauper which they may deem most conducive to the interest of the counties aforesaid, or more congenial with the feelings of humanity to keep them in any other part of the county. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835.

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AN ACT to authorize and empower the Justices of the Inferior court of Harris County to establish an Institution in said county for the relief of the invalid poor thereof, and to invest in said Court corporate powers for the government of the same. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the Justices of the Inferior Court of Harris County, to wit, John L. Harper, Alexander B. Huey, Williamson Switzer, William Greggs and Benjamin Henry, and their successors in office be, and they are hereby invested with full and sufficient power to establish an institution in said county, and that they are hereby authorized to appropriate one half of the tax reserved to said county, for the purpose of erecting said institution; Provided , however, that the said Justices shall not be compelled to proceed to carry into effect this act until they or a majority of them shall deem it to be expedient so to do. Sec. 2. And be it further enacted , That the said Justices and their successors in office shall be, and they are hereby constituted and appointed a corporate body for the purpose aforesaid, with full and sufficient power to pass all such bylaws and regulations, not contrary to the laws and constitution of this State, as they may deem to be necessary for the government of the same. Sec. 3. And be it further enacted , That the said Justices be, and they are liable to sue and be sued in the name of the Commissioners of the Poor House of the County of Harris. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT to authorize the Justices of the Inferior Courts of the counties of Twiggs, Wilkinson and Pulaski to provide and establish an Asylum for the invalid poor of said counties, at or near the corners of said counties, and to appoint directors for the management of the same. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That so soon as the Justices of the Inferior Courts of the counties aforesaid shall have at their disposal sufficient funds, and deem the measure expedient, they shall be, and are hereby authorized to appoint one suitable and discreet person of each county who shall be denominated and styled the Directors of the Poor House of their respective counties. Sec. 2. And be it further enacted , That the said Directors, when thus appointed, shall take and subscribe before any one of the Justices of the Inferior Courts the following oath: I, A. B. do solemnly swear that I will, according to the best of my skill and ability, manage and so direct the affairs of the Poor House Asylum as shall seem to me best calculated to promote an economical and comfortable support of the invalid poor received at the same, and make annually a true return to the Inferior Courts of their respective counties of all expenses incurred in conducting the affairs of said institution, so help me God. Which oath shall be entered on the minutes of the Inferior Court of their respective counties. Sec. 3. Be it further enacted , That the Directors aforesaid shall hold-their office during good behaviour, and a majority of them shall be competent to the transaction of business, and should either of them fail or refuse to do their duty as Directors aforesaid, the Inferior Court shall have power to remove them and appoint others in their place.

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Sec. 4. And be it further enacted , That the said Directors, when thus appointed and qualified, shall immediately proceed, under the instructions of the Inferior Courts, to purchase a suitable tract of land for the use and occupation of the invalid poor of each county, contract for the erection of suitable buildings thereon, and make every other provision which to them may appear necessary to an economical and comfortable support of such invalid poor. Sec. 5. And be it further enacted , That the said Directors shall have power to employ two suitable persons, male and female, who in all cases shall be husband and wife, to act as Wardens and Supervisors of said Asylum; who shall reside on the premises, and superintend the feeding, clothing and general management of the paupers, and attend to other duties under such instructions, rules and regulations as the Directors shall from time to time prescribe: for which objects the said Directors shall meet at said Asylum at least once in three months, or oftener if the affairs of the institution shall seem to require it. They may also employ a physician to attend the paupers when sick, and such other persons as may seem best calculated to promote the ends and objects contemplated by this act. Sec. 6. And be it further enacted , That the Directors aforesaid shall, at the first term of the Inferior Courts in their respective counties, in each year, lay before the Justices of the same an exact account of the amount of expense incurred in conducting the affairs of said institution the preceding year, at which time the Inferior Courts shall order an appropriation to be made in favour of said account, to be placed in the hands of the Directors for its payment, if they shall deem the same correct and just. They may at the same time allow the said Directors such compensation as may seem just and reasonable for their services in conducting the affairs of said institution. Sec. 7. And be it further enacted , That all paupers received at said Asylum shall be under such rules and regulations as shall hereafter be prescribed by the Justices of the Inferior Courts of said counties, but no part of this act shall be so construed as to prevent the said Justices from making any appropriations at any time in order to aid and facilitate the operations of said institution, or in favour of any poor persons, where they shall consider it will be more conducive to the interests of the counties, or more congenial

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with feelings of humanity to keep them in any other part of the county. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. ATTORNEYS. AN ACT to authorize certain persons therein named to. plead and practise law in the several Courts of law and equity in this State, and to prescribe their liability touching the same. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, Thomas W. M. Miller, Joseph W. Thomas, B. W. P. Sapp, Winfield S. Featherston and Charles A. Hardwick be, and they are hereby authorized and admitted to plead and practise law in the several courts of law and equity in this State, upon their undergoing an examination in open court according to the laws of this State. Sec. 2. And be it further enacted by the authority foresaid , That the said Thomas W. M. Miller; Joseph W. Thomas, B. W. P. Sapp, Winfield S. Featherston and Charles A. Hardwick shall, upon their undergoing said examination and admittance, be held, deemed and considered

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liable and responsible in law for all their acts and contracts in the same manner and to the same extent as if they were of full age. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS. President of the Senate. WILLIAM SCHLEY, President. Assented to, 24th Dec. 1835. AN ACT to permit Attorneys of the State of Alabama to plead and practise in the several Courts of law and equity in this State. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority thereof , That from and after the passage of this act, it shall and may be lawful for any Judge of the Superior Courts of this State, upon application made by any licensed Attorney of the State of Alabama, either in term time or in vacation, to cause a license to be issued by any of the Clerks of the Superior Courts, authorizing said Attorney to plead and practise, in the several Courts of law and equity in this State; Provided , the Attorney making such application shall produce before said Judge of the Superior Court, to whom he applies for admission as aforesaid, his license to plead and practise in the Courts of Alabama, and a certificate of his good moral character, signed by some Judge of the Courts of said State, and pays to the Clerk issuing the license the sum of five dollars for the same. Sec. 2. Be it further enacted by the authority aforesaid ,

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That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 23d Dec. 1835. AUGUSTA. AN ACT to amend the act incorporating the city of Augusta, and the several acts amendatory thereof. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the first day of April next all that part of district number three in the city of Augusta, west of Campbell Street, shall be called and known as district number four, and shall be entitled to three members of Council, to be elected at the time and in the manner now provided by law for the election of Mayor and members of Council. Sec. 2. And be it further enacted by the authority aforesaid , That so much of the fourth section of the act incorporating said city, passed on the thirty-first day of January, seventeen hundred and ninety-eight, as limits the eligibility

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of the Intendant or Mayor of said city be, and the same is hereby repealed. Sec. 3. And be it further enacted by the authority aforesaid , That from and after the passage of this act, the City Council of Augusta shall have full power and authority to assess and tax property of every kind and description, situated, used or operated upon in said city, that may be owned by individuals or corporations residing or located out of said city; which assessments and taxes shall be made and collected in such manner as the said City Council have directed or shall direct by ordinance; and which assessments and taxes shall not in any case exceed the assessments and taxes on like property in said city, owned by the inhabitants thereof or corporations therein. Sec. 4. And be it further enacted by the authority aforesaid , That from and after the passing of this act, when any person shall be summoned and shall appear before the City Council to answer for a violation of the city ordinances, and upon an investigation of the charge it shall appear to the City Council that such individual has committed an offence punishable by the laws of this State, it shall be the duty of the City Council to bind over him or her, with good and sufficient security, to appear at the next term of the Superior Court of Richmond county to answer for such offence, and in case such offender shall refuse or be unable to give security, the City Council may commit him or her to jail, or discharge him or her on his or her own recognizance, at the discretion of the said City Council. Sec. 5. And be it further enacted by the authority aforesaid , That when any vacancy shall hereafter happen in the office of the Clerk or Sheriff of the Court of Common Pleas of Augusta, by death, resignation or otherwise, the City Council shall proceed to fill such vacancy as soon as practicable; and until the same is filled, the Marshal of the city shall be competent and it shall be his duty to serve any process issued from or returnable to said Court, directed to the Sheriff of said city. Sec. 6. And be it further enacted by the authority aforesaid , That from and after the second Monday in April next, the Mayor and six members of Council, or in the absence of the Mayor, seven members of Council shall be a quorum for the transaction of business, except during the months of July, August, September and October, when any

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five members, or the Mayor and any four members shall be a quorum. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. AN ACT to be entitled an act to confirm to the City Council of Augusta the title to the south and east common of said city. Whereas, at the first organization of the town of Augusta the Trustees of said town and the Trustees of the Academy of Richmond county were one body; and whereas the title to said south and east common was always taken and understood as being in the said united body; and whereas upon the incorporation of said town and the division of the Trustees thereof into two separate and distinct bodies, to wit, the City Council of Augusta, and the Trustees of the Academy of Richmond county, the said common remained in the possession of the Trustees last as aforesaid, but the title thereto has recently become a matter of dispute between the said City Council and the said Trustees, which dispute has been compromised, and the said Trustees have agreed to release upon certain terms and conditions, their entire interest in said common to said City Council. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the said settlement between the said City Council of Augusta, and the said Trustees of the Academy

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of Richmond county, so soon as the said release shall be duly executed and delivered, be, and it hereby is confirmed, and the said City Council are hereby declared to be invested with the absolute title in fee simple, to the south and east common aforesaid. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. BANKS. AN ACT to amend an act entitled An Act to prevent the circulation of Bank Bills under the denomination of five dollars within this State, passed the 24th of December, 1832, and to prevent the circulation of bank bills of any other denomination than fives, tens, twentys, fiftys, hundreds and thousands. Whereas, the above recited act has manifestly benefited the circulating medium of this State, and ought to be carried out in spirit as well as letter Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall not be lawful for any Bank or body corporate, or person or persons whomsoever, within the limits of this State, to issue, emit,

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pay away, pass or circulate any bank bill, note, or ticket, or paper purporting to be a bank note, or of the nature, character or appearance of a bank note, or calculated for circulation as a bank note of either of the Banks of this State or of any other State, of a denomination other than of the denomination of five dollars, ten dollars, twenty dollars, fifty dollars, hundreds of dollars or thousands of dollars. Sec. 2. And be it further enacted , That any bank or body corporate, or person or persons whomsover offending against the provisions of this act, shall forfeit for each offence the sum of five hundred dollars, to be recovered and applied as provided for by the second section of the act herein before recited, and that the third section of said act shall in like manner apply to and govern in cases provided by this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT to be entitled An Act to provide for the more equitable distribution of the dividends of the Central Bank of Georgia. Whereas, the Central Bank of Georgia was created for the benefit of the citizens of every county in the State, and whereas, individuals residing in counties contiguous to the said Bank are in the habit of borrowing the names of irresponsible individuals in other counties and drawing the amount of dividend designed for the citizens of these counties, for remedy whereof

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Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, no note shall be discounted in the Central Bank of Georgia unless the principal and all indorsers shall be residents of the respective counties entitled to said dividends: Provided , that nothing herein contained shall be so construed as to require the officers of said Bank to retain the amount of dividend, or any part thereof, more than thirty days after the same shall have been actually declared and made; any law, usage or custom to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. AN ACT to amend the charter of the Bank of Columbus. 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 ninth rule of the charter of the Bank of Columbus be, and the same is hereby repealed, and the following shall be substituted in lieu thereof: Rule 9. The Directors shall have power to issue to stockholders of the Bank certificates of the shares by them respectively held; which shares shall be transferable by the

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shareholder or his legal representative or attorney under such rules and regulations as the Directors may prescribe. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. AN ACT to be entitled An Act to incorporate the Bank of Milledgeville with banking and insurance privileges, located at Milledgeville. Whereas the Directors of the Central Bank of Georgia are obliged by their charter to distribute their loans in small sums among the several counties in this State, thereby furnishing a sufficient circulation to none: and whereas the capital of the Bank of the State of Georgia is so divided among its numerous branches as to render it unable to supply an amount equal to the wants of the business of the place; and whereas the branch banks are under the control of the parent boards, and are frequently from their orders obliged to suspend discounts when most needed by the community; and whereas a number of the citizens of Milledgeville and its vicinity have associated themselves together with the view to remedy these evils, and promote the growth and prosperity of the capital of the State. Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Seaton Grantland, Faris Carter, William Sanford, Green H. Jourdan, Thomas Moughon, Charles Malone, Nichols and Demming, Richard K. Hines,

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Thomas Ragland, William D. Jarratt, Tomlinson Fort, Owen H. Kenan, Joseph Cooper, Michael J. Kenan, Nathan M'Gehee, Thomas B. Stubbs, Miller Grieve, Warren Jourdan, John W. Gordon, Charles C. Mills, A. Jarratt, Lorenzo D. Buckner, Charles W. Howard and F. V. Delaunay be, and they are hereby incorporated and made a body politic by the name and style of the Bank of Milledgeville with banking and insurance privileges, located at Milledgeville, and so shall continue until the first day of January, eighteen hundred and sixty-five: and by that name shall be, and are hereby made able and capable in law to have, purchase, receive, possess, enjoy and retain, to them and their successors, lands, rents, tenements, hereditaments, so far as may be necessary for the erection of necessary banking houses only, and not otherwise, goods, chattels and effects, of what kind, nature or quality soever, and the same to sell, grant, demise, alien or dispose of; to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in any Court of law or equity in this state or elsewhere, having competent jurisdiction; to make, have and use a common seal, and the same to break, alter and renew at their pleasure; and to make and ordain such by-laws, rules and regulations as they may deem expedient and necessary to carry into effect the objects of the Institution; Provided , such by-laws, rules and regulations be not repugnant to the constitution or laws of this State or of the United States. Sec. 2. And be it further enacted , That the capital stock of said Bank shall be five hundred thousand dollars, to be divided into five thousand shares of one hundred dollars each, and apportioned among the aforesaid stockholders. Sec. 3. And be it further enacted , That for the well ordering the affairs of the said corporation, there shall be elected by the stockholders not less than five Directors, as soon as gold and silver coin to the amount of one hundred thousand dollars of the subscription for the said stock shall have been received, and said five Directors so elected shall be capable to serve as such until the first Monday in October, of the year one thousand eight hundred and thirty six; and shall be eligible to re-election, on which day, and in each and every year thereafter on the same day, Directors shall be chosen by the proprietors or owners of the capital stock of said corporation, when a majority of the votes given in shall be required to make a choice, and the Directors thus chosen shall, at their first meeting, and at the first

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meeting after each and every such election, make choice of one of their own members as President; and in case of his death, or resignation, or removal from this State or from the Board of Directors, the remaining Directors shall proceed to fill the vacancy for the remainder of the year; and in case it shall at any time happen that the stockholders omit, fail or neglect to elect Directors on the day prescribed and authorized by this act, the said corporation shall not, for such omission, failure or neglect be deemed to be dissolved, but it shall be lawful on any other day to hold and make an election of Directors in such manner as shall have been or may be prescribed by the rules and by-laws of the said corporation: And provided , that in case of the death, resignation, removal from the State, or from the Board of any Director, his place may be filled by a new choice for the remainder of the year by the remaining Directors. Sec. 4. And be it further enacted , That if there should be a failure in the payment of any sum or sums subscribed by any person, copartnership or body politic, when the same is required by the directors to be paid, the share or shares of stock upon which said failure occurs, shall be, for such failure, forfeited, and may again be sold or disposed of in such manner as the directors may order and provide; and the proceeds of the sale, and the sum or sums which may have been paid thereon, shall revert to and belong to said corporation; Provided , that sixty days notice of the time at which such payment is required to be made, be given in each of the public gazettes of Milledgeville. Sec. 5. And be it further enacted , That the Directors, for the time being, shall have power and authority to appoint such officers and Clerks under them as may be necessary for executing the business of the said corporation, and shall allow them, together with the President, such compensation as they may deem reasonable, and shall require of the Cashier and other officers under him, such bonds, conditioned for their good behaviour and the faithful discharge of their duties, as to them may be satisfactory; and the President, Cashier and other officers of the Bank shall take the following oath before entering on the duties of their respective offices: I, A. B, do solemnly swear (or affirm) that I will well and faithfully discharge the duties of President, Cashier or other officer (as the case may be) of the Bank of Milledgeville with banking and insurance privileges; which oath shall be entered and subscribed in the minutes of the corporation.

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Sec. 6. And be it further enacted , That the number of votes to which each stockholder shall be entitled at any meeting or election, shall be according to the number of shares he may hold; each share to be entitled to one vote: Provided , that no share or shares shall confer a right of suffrage unless the same shall have been holden by the person in whose name it appears at least three calendar months previously to the day of election, and unless the same be holden by the person in whose name it appears, absolutely and bona fide in his own right, or in that of his wife, and for his or her sole use and benefit, or as executor, administrator or guardian, or in the right of some copartnership, corporation or society of which he or she may be a member, and not in trust for, or to the use of any other person. Any stockholder being absent, may authorize, by power of attorney under seal, any other stockholder to vote for him, her or them; Provided , that said power of attorney is filed in Bank sixty days before the day of election. Sec. 7. And be it further enacted , That any number of stockholders who shall together be the owners and proprietors of five hundred shares or upwards, shall have power at any time to call a meeting of the stockholders for purposes relative to the institution; giving at least sixty days notice in the public gazettes of Milledgeville, specifying in such notice the object of such meeting. Sec. 8. And be it further enacted , That the Directors shall have power to issue to the subscribers their certificates of stock, signed by the President and countersigned by their Cashier, and which shall be transferable in the books of the Cashier only by personal entry of the stockholder, his legal representative or attorney, duly authorized by special power for that purpose; Provided , that no stockholder indebted to the Bank shall transfer his or her stock until all debts due said Bank by such stockholder shall be paid; unless by consent of the Directors entered upon their minutes. Sec. 9. And be it further enacted , That the bills obligatory and of credit, notes and other contracts whatsoever, in behalf of the said corporation, shall be binding upon the said company; Provided , the same be signed by the President and countersigned by the Cashier of the said corporation; and the funds of the said corporation shall in no case be held liable for any contract or engagement whatever, unless the same be so signed and countersigned as aforesaid.

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Sec. 10. And be it further enacted , That the Directors shall keep fair and regular minutes of their proceedings; and upon any question, when a Director shall require it, the yeas and nays of the Directors voting shall be inserted in said minutes; and the books, papers, correspondence and funds of the company shall, at all times, be subject to the inspection of the Board of Directors, or stockholders when convened according to the provisions of this act. Sec. 11. And be it further enacted , That no notice or protest shall be necessary to charge any maker or indorser of any note, bill or other obligation discounted by said bank; and in all suits commenced by said corporation upon any note, bill, bond or obligation, upon which there shall be any indorser or indorsers, the maker or makers, together with the indorser or indorsers, or their representatives, may be embraced and sued in the same action; and no proof of notice, demand or protest, shall be required on any trial to authorize a recovery. Sec. 12. And be it further enacted , That in no suit or action, in any Court of this State in which the said Bank may be a party, shall it be lawful for the other party or parties to require the said Bank to produce the books of the Bank into Court as evidence: nor shall it be lawful for such party or parties to require, by subp[UNK]na or otherwise, the attendance of any officer of the said Bank in Court on the trial of such case. But whenever, in any such suit, it may become necessary for the attainment of justice that the evidence contained in the said books, or the testimony of such officer should be had, it shall, and may be lawful for either party in such cause, requiring such evidence or testimony, to take out a commission, in the usual manner, to examine the officers of the said Bank as to the contents of the said books, or as to their own knowledge of the facts, notwithstanding such officer may reside in the county in which such suit may be pending. Sec. 13. And be it further enacted , That it shall not be lawful for the President, Directors or officers of said Bank to borrow any amount of money from said Bank. Sec. 14. And be it further enacted , That the said Bank of Milledgeville with banking and insurance privileges, shall be permitted, and are hereby authorized, to issue bills or notes of credit, payable to bearer on demand, signed by the President and countersigned by the Cashier; but the

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total amount of debts which the said corporation shall at any time owe, whether by bond, bill, note or other contract, shall not exceed three times the amount of the capital stock actually paid in; and in case of excess, it shall be the duty of the President and Cashier to notify the Governor, in writing, of such excess; upon the receipt of which, it shall be the duty of the Governor to issue his proclamation declaring the charter of said Bank forfeited, in consequence of said excess, and calling a meeting of the stockholders; who shall have power and authority to adopt such measures as may be deemed prudent and effectual in bringing the affairs of the said corporation to a speedy close. Sec. 15. And be it further enacted , That the said Bank of Milledgeville with Banking and Insurance privileges, shall be at liberty to establish one or more branches or offices of discount and deposit, or agencies, at such place or places, and at such times as a majority of the stockholders may deem suitable and proper, and at their option to discontinue the same: Provided , that such branches or agencies are not objected to by the town or city where they may be established. Sec. 16. And be it further enacted , That any Bank, or the branches thereof, which may make a demand of specie from the Bank of Milledgeville with Banking and Insurance privileges, shall be compelled to receive the bills of the said Bank making the demand. Sec. 17. And be it further enacted , That dividends of the profits of the corporation, or so much thereof as may be deemed expedient and proper, shall be declared and paid half yearly. And the said dividends shall be determined from time to time by a majority of the Directors at a meeting to be held for that purpose, and shall in no case exceed the amount of the net profits actually acquired by the corporation, so that the capital stock thereof shall never be impaired. Sec. 18. And be it further enacted , That the persons and property of the stockholders in the Bank of Milledgeville with Banking and Insurance privileges, shall at all times be pledged and bound in proportion to the number of dollars issued upon each of the share or shares that each individual or company hold, possess, are interested in, or entitled to in the said Bank of Milledgeville, for the payment and discharge of the debts or contracts of said Bank,

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or for the ultimate redemption of all notes or bills issued, or that may be hereafter issued by, and from the said Bank of Milledgeville with Banking and Insurance privileges, in the same manner as in simple actions of debt or common commercial cases. Sec. 19. And be it enacted by the authority aforesaid , That the said Company, when organized as aforesaid, shall have full power and authority to insure property and effects of every nature and description, against losses by fire or water, and all other accidents, dangers and casualties for which Insurance Companies are usually established, or to buy or sell life annuities; Provided , that the insurance shall at no time exceed the amount of capital stock paid in; and whenever the same shall reach that amount, then the issues of said Bank shall not exceed double that sum. Sec. 20. And be it further enacted , That all transfers of stock in said Bank shall be wholly void, if made within six months previous to the failure of said Bank, but that said stock so transferred shall be deemed and held liable for the debts of the institution, notwithstanding said transfers. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT to incorporate a Bank for Savings in the city of Macon. Whereas, a number of benevolent individuals in the city of Macon, desirous to form a voluntary association for the

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purpose of encouraging habits of laudable frugality, industry and economy, by receiving and securing to those having small sums of money, a safe place of deposit with reasonable accumulation of interest thereon, ask this General Assembly to make them a body corporate under the title of the Bank for Savings in the city of Macon, with perpetual succession, for the purpose of receiving, holding and improving in such manner as to them may seem proper, all such real and personal estate as the said institution shall become possessed of or entitled to by gift, grant, devise, bequest, purchase, deposit, loan and payment for the purposes of said institution. Sec. 1. Therefore, be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Everard Hamilton, Thomas Hardeman, Robert W. Fort, Nathan C. Munroe, David B. Butler, William H. Burdsall, E. B. Weed, Charles Campbell, Azel R. Freeman, Charles Cotton, Washington Poe, William B. Ball, Charles Day and Henry G. Lamar be, and they are hereby constituted a body corporate and politic by the name of The Bank for Savings in the city of Macon, and by that name they shall have perpetual succession, and shall be persons capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts of law and equity in this State; and may have a common seal with power to change, alter, break and renew the same from time to time, and shall be capable of purchasing, taking, holding and enjoying to them and their successors any real estate in fee simple or otherwise, rents, tenements and hereditaments, stock, goods, chattels and effects of what nature, kind or quality soever, whether real, personal or mixed, by gift, grant, demise, bargain, sale, devise, bequest, testament, legacy, loan, deposit or by any other mode of conveyance or transfer whatsoever, and the same to give, grant, bargain, demise, convey, assure, transfer, alien, pay, release and dispose of for the whole or any less estate or property than they have in the same, in such manner or form as the said corporation, by their by-laws and regulations, shall order and direct; and shall and may apply the same, with the rents, issues, income, interest and profits of such estate, and the moneys arising from the sale, alienation, disposal or employment thereof to the uses, ends and purposes of their institution, according to the rules, regulations and orders of the said corporation which shall be declared according to the provisions hereinafter made, as fully and as

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effectually as any other person or body corporate or politic within this State, by the constitution and laws of the State can or do perform. Sec. 2. Be it further enacted , That the said corporation shall receive as deposits all sums of money that may be offered for that purpose, in such sums and on such terms for the purpose of being invested as aforesaid, which shall be invested accordingly; and shall be repaid to each depositor when required, and at such times and with such interest and under such regulations as the Board of Trustees, to be hereinafter appointed, shall from time to time prescribe, which regulations shall be put up in some public and conspicuous place in the room where the business of said corporation shall be transacted, but shall not be altered so as to affect any one who may have been a depositor previous to such alteration. No President, Vice President, Trustee or Accountant shall, directly or indirectly, borrow or use the funds of the corporation except to pay the necessary current expenses; and all certificates, entries or evidences of deposit made by the proper officer, shall be as binding on the corporation as if it were under their common seal. And the said corporation shall, from time to time, have power to make, constitute, ordain and establish such by-laws and regulations as they shall judge proper for the election of their officers, for prescribing their respective functions, and the mode of discharging the same; for regulating the times and the places of meeting of the officers and trustees, and for the transacting, managing and directing the affairs of the institution; Provided , such rules, by-laws and regulations are not repugnant to this act, to the constitution and laws of this State and of the United States. And provided , further, that it shall be the duty of the Trustees of said Bank to regulate the rate of interest to be allowed depositors, so that they shall receive a rateable proportion of all the profits of said Bank, after deducting therefrom all necessary expenses authorized by this act. Sec. 3. Be it further enacted , That the officers of the said institution shall consist of a President and Vice-President, who, together with eleven Trustees, shall constitute a Board of Managers, three of whom, with the President or Vice-President, assembling at the time and place designated for that purpose by the by-laws or regulations of the institution, shall constitute a legal meeting thereof. Sec. 4. Be it further enacted , That Everard Hamilton,

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Thomas Hardeman, Robert W. Fort, Nathan C. Munroe, David B. Butler, William H. Burdsall, E. B. Weed, Charles Campbell, Azel R. Freeman, Charles Cotton, Washington Poe, William B. Ball, Charles Day and Henry G. Lamar be, and they are hereby constituted the first Board of Trustees, who shall constitute the first Board of Managers of said institution, who, or a majority of them shall, so soon as convenient after the passage of this act, assemble and elect from their body a President and Vice-President to serve for one year, and until their successors are duly elected; and in case of a vacancy by death, resignation or otherwise among the said officers and Trustees, such vacancy shall be filled up by ballot by the Board of Managers at their first regular meeting thereafter, and the person having the majority of the whole number of votes present and voting shall be considered as duly elected, and not otherwise; and the said Board shall from time to time appoint a fit person as an Accountant of the institution, removable at pleasure, who shall give such reasonable security for his fidelity and good conduct as the Board of Managers may from time to time require, and they may, if necessary, appoint a Clerk to assist him, likewise removable at pleasure, and to fix the salaries of such Accountant and Clerk so appointed. Sec. 5. Be it further enacted , That the deposits and payments of the institution shall be regularly entered in the books of the office, and every person depositing money shall be furnished with a duplicate of his or her account, in which every deposit or payment shall be regularly entered as soon as made. No money shall be drawn out under five dollars, unless to close an account. Sec. 6. Be it further enacted , That the books of said corporation shall at all times be open to the Treasurer of the State, and to such other person or persons as he or the Legislature may from time to time delegate, for inspection and examination. Sec. 7. Be it further enacted , That the Accountant or Clerk of said Bank, for the time being, is hereby authorized to administer oaths in all such cases where it may be necessary to carry into effect the true intent and object for which this institution is hereby incorporated, and when such oaths shall be directed to be administered by the by-laws of said corporation. Sec. 8. Be it further enacted , That this act is hereby

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declared to be a public act, and that the same shall be construed in all Courts and places favourably and benignly for every beneficial and benevolent purpose therein intended, and that no misnomer of the said corporation, in any deed, gift, grant or demise, or any other instrument of contract or conveyance, shall vitiate or defeat the same; Provided the corporation shall be sufficiently described to ascertain the intention of the parties; and provided also, that the Legislature may at any time hereafter amend or repeal this act and dissolve' the said corporation, or vary or modify its powers as to them may seem fit and proper. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. CAVALRY. AN ACT to authorize the formation of one or more companies of Cavalry in the several counties of this State, and to authorize his Excellency the Governor to contract for a number of pistols, swords, c. for the equipment of the same, and to provide for the payment of the same out of any moneys not otherwise appropriated, and that said appropriation be provided for in the appropriation bill of 1836. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the

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same , That from and immediately after the passage of this act, it shall be lawful for the inhabitants of the several counties of this State, liable to perform militia duty, to create one or more companies of Cavalry, where the same can be done, Provided , not more than eight men shall be taken from any one company of militia, except such company shall be composed of more than sixty-four privates; and except the counties of Sumter and Lee, which shall be authorized to make up said company without regard to any number out of each militia district, and that no company of Cavalry shall be composed of less than forty men. Sec. 2. And be it further enacted , That said companies shall elect their officers from their body, and enter into such by-laws for their regulation as they may deem expedient for their government and equipment, which shall not be contrary to the Militia Laws of this State; the result of which election, with a copy of their by-laws shall, within thirty days from said election, be transmitted to his Excellency the Governor, whose duty it shall be forthwith to commission the several officers so elected, and that the said several commissioned, non-commissioned and privates of each of said companies so created, shall equip themselves within three months from the date of said commissions, in such uniform as they shall have agreed upon. Sec. 3. And be it further enacted , That his Excellency the Governor be, and he is hereby authorized and required to contract for such number of pairs of pistols, with holsters complete; also, such number of swords suitable for the use of Cavalry companies, of the best materials, as he may deem necessary to carry this act into effect; and so soon as the same can be procured, cause the said several companies so organized, as well as those that have heretofore been organized and who have not been furnished, or that may hereafter be organized in pursuance of this act, to be severally furnished with the number required by each company, so as aforesaid organized and equipped; and that he cause a bond and security from the said officers of each company so created, in an amount sufficient to cause the said pistols, swords, c. to be kept in good order and returned when required, and made payable to his Excellency the Governor, for the time being, and his successors in office, for the benefit of the State. Sec. 4. And be it enacted by the authority aforesaid , That said companies of cavalry so organized, or heretofore

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organized, in the several counties of this State, shall be known as the Georgia Guards; and shall be subject to the first call by the commander in chief of said State, on all emergencies. Sec. 5. And be it further enacted by the authority aforesaid , That said companies of cavalry shall be subject to inspection, together with their arms and equipments, by order of the commander in chief of said State, by such adjutants or other officer directed to that duty, and whose duty it shall be to report the situation, uniform and arms of said corps, with the reports of the militia, when made. Sec. 6. And be it further enacted , That said companies, when so organized and equipped, shall be exempt from the command or control of the regimental officers of the several counties where such companies have been created, except when required to appear for inspection, or called out for immediate service by the commander in chief; and they shall be exempt, whilst acting as such troop of cavalry, from road duty. Sec. 7. And be it further enacted by the authority aforesaid , That the sum of ten thousand dollars be appropriated and set apart in the appropriation act, to carry into effect the provisions of this act. Sec. 8. And be it further enacted , That the militia of the first division is hereby excepted out of the provisions of this act, and all other acts, so far as it restrains the number of volunteer corps of cavalry to be formed within the limits of the same; and that it shall be lawful for any number of the militia of the first division, to form themselves into volunteer cavalry corps, under the provisions of this act. Sec. 9. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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CONSTITUTION. AN ACT to alter and amend a part of the first section of the third article of the constitution of the State. Whereas a part of the first section of the third article of the constitution is in the words following, to wit: The judicial powers of this State shall be vested in a Superior, Inferior and Justices' Courts, and in such other courts as the Legislature shall, from time to time, ordain and establish; the judges of the Superior Court shall be elected for the term of whree years, and shall continue in office until their successors shall be elected and qualified, removable by the Governor on the address of two-thirds of both branches of the General Assembly for that purpose, or by impeachment and conviction thereon. The Superior Court shall have exclusive and final jurisdiction in all criminal cases (except as relates to people of colour, and fines for neglect of duty, and for contempt of court, for violations against road laws, and for obstructing water courses, which shall be vested in such judicature or tribunals as shall be or may have been pointed out by law, and except in all other minor offences committed by free white persons, and which do not subject the offender or offenders to loss of life, limb or member, or to confinement in the penitentiary; in all such cases corporation courts, such as now exist or may hereafter be constituted in any incorporated city, being in a sea-port town and port of entry, may be vested with jurisdiction, under such rules and regulations as the Legislature may hereafter by law direct), which shall be tried in the county where the crime was committed; and in all cases respecting titles of land, which shall be tried in the county where the land lies; and also concurrent jurisdiction in all other civil cases, and shall have power to correct errors in inferior judicatures by writs of certiorari, as well as errors in the Superior Court of the county in which such action originated;

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and the said court shall have appellate jurisdiction in such other cases as have or may be pointed out by law, which shall in no case tend to remove the cause from the county in which the action originated, and the judges thereof, in all cases of application for new trials or correction of errors, shall enter their opinion on the minutes of the court. And whereas the said part of said section requires amendment Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That as soon as this act shall have passed, agreeably to the requisitions of the constitution, the following shall be taken and adopted in lieu of the said recited portion of said section, to wit: The judicial powers of this State shall be vested in a Supreme Court for the Correction of Errors, a Superior, Inferior and Justices' Courts, and in such other courts as the Legislature shall, from time to time, ordain and establish. The Supreme Court shall consist of three judges, who shall be elected by the Legislature for such term of years as shall be prescribed by law, and shall continue in office until their successors shall be elected and qualified, removable by the Governor on the address of two-thirds of both branches of the General Assembly for that purpose, or by impeachment and conviction thereon. The said court shall have no original jurisdiction, but shall be a court alone for the trial and correction of errors in-law and equity from the Superior Courts of the several circuits, and shall sit at least once a year, at a time to be prescribed by law, in each of five judicial districts to be hereafter laid off and designated by the Legislature for that purpose, at the most central point in such judicial district, or at such other point in each district as shall by the General Assembly be ordained, for the trial and determination of writs of error from the several Superior Courts included in such judicial districts. And the said court shall, at each session in each district dispose of and finally determine each and every case on the docket of such court at the first term after such writ of error brought; and in case the plaintiff in error in any such case shall not be prepared, at such first term of such court, after error brought to prosecute the same, unless precluded by some providential cause from such prosecution, it shall be stricken from the docket, and the judgment below shall stand affirmed. The judges of the Superior Court shall be elected for the term of four years, and shall continue in office until their successors shall be elected

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and qualified, removable by the Governor on the address of two-thirds of both branches of the General Assembly for that purpose, or by impeachment and conviction thereon. The Superior Court shall have exclusive jurisdiction in all criminal cases (except as relates to people of colour, and fines for neglect of duty and for contempt of court, for violations against road laws, and for obstructing water courses, which shall be vested in such judicature or tribunal as shall be or may have been pointed out by law, and except in all other minor offences committed by free white persons, and which do not subject the offender or offenders to loss of life, limb or member, or to confinement in the penitentiary; in all such cases corporation courts, such as now exist or may hereafter be constituted in any incorporated city, being a sea-port town and a port of entry, may be vested with jurisdiction, under such rules and regulations as the Legislature may hereafter by law direct), which shall be tried in the county where the crime was committed; and in all cases respecting titles to land, which shall be tried in the county where the land lies, and also concurrent jurisdiction in all other civil cases, and shall have power to correct errors in inferior judicatories, by writ of certiorari, and to grant new trials in said Superior Courts on proper and legal grounds; and in all cases where a new trial shall be so allowed, the judge allowing the same shall enter on the minutes of said court his reasons for the same, and the said Superior Courts shall have appellate jurisdiction in such other cases as may be pointed out by law, in cases arising in inferior judicatories, which shall in no case tend to remove the cause from the county in which the action originated. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT to alter and amend the fourth and eighth sections of the first article of the constitution of the State of Georgia. Whereas, the fourth section of the first article of the constitution of the State of Georgia reads in the following words, namely: no person shall be a senator who shall not have attained to the age of twenty-five years, and have been nine years a citizen of the United States, and three years an inhabitant of this State, and shall have usually resided in the county for which he shall be returned at least one year immediately preceding his election (except persons who may have been absent on public business of the State or of the United States), and is and shall have been possessed in his own right of a settled freehold estate of the value of five hundred dollars, or of taxable property to the amount of one thousand dollars, within the county for one year preceding his election, and whose estate shall, on a reasonable estimate, be fully competent to the discharge of his just debts over and above that sum. And whereas, the eighth section reads in the following words, to wit: no person shall be a representative who shall not have attained to the age of twenty-one years, and have been seven years a citizen of the United States, three years an inhabitant of this State, and have usually resided in the county in which he shall be chosen one year immediately preceding his election (unless he shall have been absent on the public business of this State, or of the United States), and shall be possessed in his own right of a settled freehold estate of the value of two hundred and fifty dollars, or of taxable property to the amount of five hundred dollars, within the county for one year preceding his election, and whose estate shall, on a reasonable estimate, be competent to the discharge of his just debts over and above that sum Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met ,

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and it is hereby enacted by the authority of the same , That so soon as this act shall have passed, agreeable to the constitution of this State, the following shall be adopted in lieu of the said fourth and eighth sections. The fourth section shall read as follows, viz.: no person shall be a Senator who shall not have attained to the age of twenty-five years, and have been nine years a citizen of the United States, and three years an inhabitant of this State; and shall have usually resided within the county for which he shall be returned, at least one year immediately preceding his election, except persons who may have been absent on lawful business of this State or of the United States. And the eighth section shall be as follows: no person shall be a representative who shall not have attained to the age of twenty-one years, and have been a citizen of the United States seven years, and three years an inhabitant of this State; and have usually resided in the county in which he shall be chosen, one year immediately preceding his election, unless he shall have been absent on the public business of this State or of the United States. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 19th, 1835.

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CORPORATIONS. AN ACT to be entitled An Act to authorize and require the Commissioners of the commons of the towns of Brunswick and Fredrica to sell three hundred acres of the town commons of Brunswick. Whereas, there are about nine hundred acres of commons attached to the town Brunswick, which is more than necessity or convenience requires, and whereas the Academic and Poor School Fund of the county of Glynn is not sufficient for the purposes of education in said county, therefore Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the Commissioners of the town commons of Brunswick be, and they are hereby authorized and required to lay off three hundred acres of the town commons of Brunswick into five acre lots, commencing at the northern boundary of the said town, next to Turtle river, and extending along the Bluff to the land of James Fort, and extending back far enough from said river to include three hundred acres, which shall be divided into lots of five acres each; and the said Commissioners are hereby authorized and required to lay off and sell the above described lots within sixty days from and after the passage of this act, and after giving twenty days public notice thereof. Sec. 2. And be it further enacted , That one half of the proceeds of the sale of said lots shall be applied to the support of free schools, under the direction of the trustees of the Glynn County Academy, and the other half to augment the funds of said academy.

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Sec. 3. And be it further enacted , That the terms of sale of the said lots shall be one half cash and the balance in equal annual payments of one, two and three years, secured by a mortgage on the property. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT to amend an act entitled An Act to incorporate the town of Columbus, in the county of Muscogee, and to provide for the election of an Intendant and Commissioners for the same, and for other purposes therein contained. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act the town of Columbus shall be known and called as the city of Columbus. Sec. 2. That on the first Saturday in January in the year 1836, and on the first Saturday in every January thereafter, all free white persons in the corporate limits of said city who shall be entitled to vote for members of the Legislature of said State, shall assemble at the court house in said city and vote for a Mayor in lieu and stead of the Intendant, and six members of the City Council in lieu and stead of six Commissioners, as is provided by the act to which this is amendatory; and that any person or persons legally entitled to a vote at said election shall be eligible either for Mayor or for members of

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the city council, at which election two justices of the Inferior Court, or two Justices of the Peace, neither of whom being a candidate, shall preside, and the persons receiving the highest number of votes shall be declared duly elected; that the managers of said election shall give certificates to that effect, which certificates shall be recorded by the clerk of the city council in a book kept for that purpose, which record shall be held and esteemed as the highest evidence of such election, and shall operate as a sufficient commission to the persons so elected as to enable them to enter upon all the duties of his or their office. Sec. 3. That in case any election, either in whole or in part, should be contested, the same shall be tried now by the Intendant and Board of Commissioners of said town, or hereafter by the Mayor and members of the City Council who were in office the year previously to the one in which said election shall take place, with whom shall be associated one Justice of the Peace or Judge of the Inferior Court for the country of Muscogee, whose determination thereon shall be final and conclusive; and provided said seat or seats should be declared vacated, then and in that case a new election shall be ordered by the said Intendant and Commissioners, or by such Mayor and members of the Council, giving at least ten days notice thereof in the city papers, and advertising the same at the court house in said city, and at two or more of the most public places therein. And provided also that the person or persons contesting such election or elections shall give at least five days notice in writing to the opposite party or parties of his or their intention so to contest the same; and provided also that on the trial of such contested election the said Intendant and Commissioners, or the said Mayor and members of council, shall have full power and authority to swear and examine witness, and to issue subp[UNK]nas for the purpose of bringing before them papers or parties, and who for the non-attendance of any party, or the non-production of any papers, shall be subject to a fine of two hundred dollars each, to be sued for in any court having competent jurisdiction thereof. Sec. 4. That no person shall be entitled to vote at said election except he be duly qualified to vote for members of the Legislature, and shall be citizens residing within the corporate limits of said town, and shall have paid all corporation taxes which may have been legally demanded of him or them. Any person voting at such election contrary

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to the provisions of this section shall be indicted as for a misdemeanor; and, on conviction thereof, shall be imprisoned not less than one or more than two years at hard labour in the penitentiary. Sec. 5. And be it further enacted by the authority aforesaid , That in the event that the office of mayor, or any one or more of the offices of city council shall become vacant by death, resignation, removal or otherwise, that the mayor, or in case his seat is vacated, any two members of the council shall order a new election, by giving at least ten days notice thereof in the city papers, and at two or more public places in said city; and such elections so held shall be managed in the same manner as the elections to be held in chief according to the provisions of the second section of this act. Sec. 6. That the said mayor and members of council above mentioned shall be known as the mayor and council of the city of Columbus, and by such their corporate name shall sue and be sued, plead and be impleaded, and do all other acts relating to their corporate capacity, and shall have and use a common seal. Sec. 7. That the said mayor and members of council shall at the first annual meeting after their election proceed to elect by ballot an attorney, marshal, and if they deem it necessary a deputy marshal, a clerk of council, a treasurer and collector, a sexton, a clerk of the market and a bridge keeper, each of whom shall remain in office until a new election for mayor and members of the council are elected and their successors shall be appointed, and shall have such salaries as the said mayor and members of council shall, by their by-laws or ordinances, affix, which salary shall not be increased or diminished during their stay in office, and shall, before the mayor, take and subscribe such oath as the said mayor and members of council shall by their by-laws or ordinances order and appoint, and the said mayor is hereby fully authorized to administer said oaths. Sec. 8. Be it enacted, c. , That within two days after the election of the said Mayor and members of council, the Mayor shall, before some justice of the peace, judge of the superior or justice of the inferior court, take and subscribe the following oath: I, A. B., do solemnly swear (or affirm) that I will faithfully and uprightly demean myself as Mayor of the city of Columbus during my continuance in office;

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that I will, to the utmost of my skill and ability, promote the interest and prosperity of said city; that I will not knowlingly and wilfully use, or be the cause of using tyrannical means towards any portion of the citizens thereof, so help me God. And the said mayor, after being so qualified as aforesaid, shall have full power and authority to administer said oath to each member of the council, only varying it by substituting member of the council for the word Mayor. Sec. 9. That in case the Mayor or any member of the city council while in office shall be guilty of any wilful neglect, malpractice in, or abuse of said office, he or they shall be liable to indictment before the Superior Court of the county of Muscogee, and on conviction shall be fined in a sum not exceeding one hundred dollars for each and every such offence, and shall be moreover removed from office, which fine or fines shall be handed over to the City Treasurer for the use of said city. Sec. 10. That the Mayor and members of the city council shall be ex-officio justices of the peace, so far as to enable them, or any or either of them, to issue warrants for offences committed within the corporate limits of said city, and to commit to the jail of the county of Muscogee, or admit to bail offenders for their appearance before the next Superior Court of the county of Muscogee; or in case the offenders are slaves or free persons of colour, then and in that case they shall be admitted to bail or bound over for their appearance at the next Inferior Court of the county of Muscogee to await his, her or their trial. Sec. 11. That each and every of the officers elected by the Mayor and members of council shall, before they enter upon the duties of their respective offices, give sufficient bond and security for the faithful performance of their respective duties to be judged of by the Mayor and members of council; and shall moreover take and subscribe an oath or affirmation, as the case may be, well and faithfully, to the best of his ability, to execute and discharge all the duties of his office without favour or affection, and to support the constitution of the United States and of the State of Georgia. And provided , also, that any of said officers shall be liable to indictment, before the superior court of Muscogee county, for malpractice in office; and on conviction thereof shall be subject to a fine of one hundred dollars, to be paid over to the city treasurer, or in case that he should be indicted,

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then to the Mayor; and shall moreover be removed from office. Sec. 12. That the said Mayor and members of council shall have full power and authority to pass all by-laws necessary for the government of said town, which do not conflict with the constitution and laws of the State of Georgia and of the United States, reference to which alone shall be had in the adjudications to be had upon this act. And they shall have special powers to make all contracts in their corporate capacity, which they may deem necessary for the welfare of said city; to levy a tax of not exceeding fifty per cent over the State tax, on all persons, articles and professions subject to taxation by the laws of this State; and on all stocks of merchandise not exceeding two and a half per cen on the capital employed; to empower their marshal or deputy marshal to remove all nuisances within the corporate limits of said town, and especially to require him, the said marshal, to prosecute before the superior or inferior courts of Muscogee county all offenders against the laws of this State; and for this purpose the said marshal shall have full power and authority to examine all places where he suspects a violation of the penal laws of this State to be carried on, and for this purpose he shall have full power and authority to call to his aid any or all of the white male citizens of said city capable of bearing arms, and shall report all offenders against the penal laws of this State to the Mayor or any member of the council, whose duty it shall be, upon such report, to issue a warrant or warrants binding over such offenders to appear before the proper tribunal to answer such charge. Sec. 13. That the said Mayor and City Council shall have full power and authority to build a guard-house at such place as they may designate, Provided , the ground on which the same shall be built shall belong to, or be leased to said corporation. That they shall have full power and authority to punish all offenders against the ordinances of the corporation by imprisonment therein, or by fine, or both at the discretion of the said Mayor and members of council; and that the said Mayor and any two or more members of council, or in the absence of the Mayor any three or more members of the council shall constitute a court to try all such offenders; and for this purpose shall have full power and authority to administer oaths, hear and examine witnesses, and shall determine according to evidence, Provided , that the accused shall also have the right of being heard by him or herself or counsel, in his or her defence, and

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shall moreover have the right to send for and examine witnesses. Sec. 14. That any of the officers of said corporation sued for an act done in his or their official character, shall justify under this act. Sec. 15. That in all cases where any person or persons, citizens of said city, shall fail, refuse or neglect to pay their taxes imposed according to the provisions of this act, the Clerk of the City Council shall issue execution for the same, which execution shall be signed by said clerk, and bear test in the name of the Mayor, and be directed to the Marshal of said town, commanding him to levy on the goods and chattels, lands and tenements of the defendant, or so much thereof as shall be sufficient to satisfy the said demand and cost, which execution shall bind all the property of the defendant from the date thereof, and the cost thereon shall be the same as on tax collector's executions by the laws of this State; and the said Marshal shall proceed to advertise and sell in such manner as the by-laws or ordinances of said city shall or may order and direct; Provided , that in case any such execution shall be returned by said Marshal no property to be found, then, and in that case, a capias ad satisfaciendum against the body of the defendant may issue, from which he shall not be discharged except by virtue of the laws of this State made for the relief of honest debtors: and should any such defendant fail to give security for his or their appearance before the superior or inferior court of Muscogee county, to take the benefit of said act, then, and in that case, he, she or they shall be committed to the common jail of the county of Muscogee, there to remain until discharged by due course of law. Sec. 16. That whenever any fine shall be imposed by the said Mayor and members of Council, or by the said members of Council as provided for by this act, on account of any offences committed against the ordinances or by-laws of said city, the offender shall remain in custody of the Marshal or be committed to the guard-house until the sum is paid, and when paid, it shall be handed over to the treasurer for the uses of said city. Sec. 17. That all laws and parts of laws militating against this act be, and the same are hereby repealed. Sec. 18. And be it further enacted That the aforesaid

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authority shall have power to lease the south common of the said city of Columbus at any time for the term of six years. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 23d Dec. 1835. AN ACT to alter and amend an act entitled An Act to revive an act, assented to December 24th, 1833, incorporating the town of Crawfordsville, so far as it relates to persons living in said corporation being subject to do road duty, as now provided by law. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, so much of the above recited act as relates to persons living in said corporation being subject to do road duty, as now provided by law, be, and the same is hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT to amend the tenth section of an act entitled An Act to incorporate the town of Covington, in Newton county, passed the 6th December, 1822. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Commissioners of the said town of Covington do, and they are hereby authorized to appropriate all taxes and fines imposed, assessed and collected, in virtue of any by-laws or regulations adopted in pursuance of the authority given in the said act of incorporation, to the repair and improvement of the public Spring, Square and streets of said town, and to the preservation of the houses of the said town from fire, and to the removing any cause of disease, either within or without the corporate limits of said town, which may affect the health of the citizens of said town, in such manner as they or a majority of them shall deem most conducive to the interest and safety of the citizens. Sec. 2. Be it further enacted, c. , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT to enable the corporation of the city of Savannah to obtain and collect the Jail Fees of prisoners committed to the jail of Chatham county, to authorize the erection of a Tread-mill therein, and in the jail of Darien, and to subject offenders and negroes to work thereon, and to enable jailors of other jails to collect their jail fees. Whereas, the said corporation, under the act of the 8th of December, 1834, is vested with the charge and control of the jail of Chatham county, and is obliged to provide necessaries for the prisoners therein confined, and it is but just that each county should bear the charge of its own prisoners whilst in said jail, or in any other jail in the State Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That any and all prisoners heretofore or hereafter committed to said jail on other than civil process, or process from the corporate authorities of the city of Savannah, shall be a charge on the county from which said prisoner or prisoners was sent, and that the corporation of Savannah shall have authority to demand and receive from the respective inferior courts of such counties, periodical payments for the fees accruing on such prisoners; and it shall be the duty of such respective justices of the inferior courts of such counties to make periodical settlements and payments to the said corporation; and persons confined in any other jail in this State shall be a charge on the county from which he or she was committed, and the jailor thereof shall be entitled in like manner to recover and receive periodical settlements and payments. Sec. 2. And be it further enacted , That in case of neglect or refusal of any such inferior courts to make such settlements and payments for fees heretofore due, or which shall hereafter accrue, it shall and may be lawful for the superior court of such county by mandamus or other process

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on the application of said corporation or jailor, to compel such settlement and payment. Sec. 3. And be it further enacted , That the corporation of the city of Savannah shall have power to erect, in or about said jail a treadmill or mills, on which negroes therein confined may be made to work in such manner and at such times as the said corporation may prescribe, with the approval of the inferior court of Chatham county. Sec. 4. And be it further enacted , That the corporation of Darien shall have like power to erect in the jail of said city, a treadmill for negroes in the same manner, and under the same restrictions, as that prescribed for the corporation of Savannah. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835, AN ACT to add that part of the cross street lying east and adjoining the public burying ground in the town of Wrightsborough, Columbia county, to, and make the same a part of the said burying ground. Whereas the cross street running north from James or Broad Street, parallel with the public church and burying ground, and on the eastern part of the same, has been closed by the owners of lots on its northern extremity, and has rendered the said street useless; and whereas there have been individuals who were unacquainted with the location of said street, and have used the same in the burial of their relatives and

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friends, and cannot enclose the same without making said street a part of said public burying ground Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, all that part of the cross street running north from James or Broad Street, parallel with the public church and burying ground, in the town of Wrightsborough, Columbia county, and on the eastern part of said burying ground to its northern extremity be, and the same is hereby made a part of said public burying ground. Sec. 2. And be it further enacted by the authority of the same , That the commissioners of the town of Wrightsborough, and their successors in office, or the relatives or friends of deceased persons there interred, have full power to enclose the same from trespass in the same manner as though it had been originally set apart by the said incorporation as the lot for a public burial ground. Sec. 3. And be it further enacted by the authority of the same , That all laws or parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT to be entitled An Act to alter and amend an act entitled An Act to incorporate the town of Warrenton,

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in the county of Warren, and to vest certain powers in the commissioners thereof, passed the 8th of December, 1810; and to amend the fourth section of an act passed the 19th of December, 1834, entitled An Act to make permanent the site of the public buildings at the village of Marietta, in the county of Cobb, and to incorporate the same; and also to incorporate the town of Danville in Sumter county, and to appoint commissioners for the same. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That on the first Saturday in January, eighteen hundred and thirty-six, and on the first Saturday in January in every year thereafter, all the free male white citizens of the town of Warrenton who have given in their taxable property, and who are entitled to vote for members of the General Assembly, shall assemble at the court house in said town, and by ballot elect five commissioners who shall continue in office for one year, and until their successors are elected, at which election any two justices of the peace, or justices of the inferior court, or one justice of the inferior court with one justice of the peace for said county, who are not candidates, shall preside: Provided, nevertheless , that nothing herein contained shall extend, or be so construed to prevent the re-election of any commissioner who may be elected in pursuance of this act. Sec. 2. And be it further enacted by the authority aforesaid , That in the event an election for commissioners for the said town of Warrenton shall not be regularly held on the day specified in the foregoing section of this act, in each and every year, that it shall and may be lawful for any justice of the peace, or any justice of the inferior court of said county, to advertise an election for a board of commissioners for said town, giving at least ten days' notice of such election at the court house door of said town where such election shall be held, and the said election shall be conducted in the same manner and according to the same provisions as are prescribed in the foregoing section of this act. Sec. 3. And be it further enacted by the authority aforesaid , That the second section of the above recited act be, and the same is hereby repealed.

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Sec. 4. And be it further enacted by the authority aforesaid , That the commissioners which may be elected in the aforesaid town of Marietta, and county of Cobb, on the first Saturday in January in each and every year, according to the provisions in the above recited act, shall be fully authorized to fill all vacancies which may occur by death, resignation or otherwise. Sec. 5. And be it further enacted by the authority aforesaid , That John G. Sims, Joseph Ogden, John N. Phillips, Edward G. Brown and Martin Miller, and their successors in office be, and they are hereby appointed commissioners of the town of Danville, in the county of Sumter, and shall have full power and authority to pass all by-laws and regulations which may be necessary for the government of said town: Provided , that such by-laws and regulations shall not be repugnant to the constitution and laws of this State. Sec. 6. And be it further enacted by the authority aforesaid , That the corporate limits of said town shall extend over fraction number twelve in the twenty-eighth district of, originally Lee, now Sumter county, on which said town is situated. Sec. 7. And be it further enacted by the authority aforesaid , That one justice of the inferior court, or justice of the peace, with two freeholders of said county, shall be competent to hold and preside at an election for commissioners of said town, and that nothing herein contained shall be so construed as to prevent the re-election of said commissioners pursuant to this act; and in case of death, resignation or removal of any one or more of said commissioners, the others shall advertise such vacancy in two public places in said town, giving ten days' notice of said vacancy, and shall then proceed to hold an election for others to fill said vacancy or vacancies in the terms of this act. Sec. 8. And be it further enacted by the authority aforesaid , That the first election for commissioners of said town shall take place on the second Monday in January, eighteen hundred and thirty-six, and on the second Monday in January in every subsequent year thereafter; and said commissioners shall be elected by persons residing within the limits of said town, or who are trading therein, and entitled to vote for members of the legislature.

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Sec. 9. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 26th, 1835. AN ACT to extend and define the corporate limits of the town of West Point, in Troup county. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the corporate limits of said town shall be, and they are hereby extended over fractions fifty-seven, fifty-eight, and fifty-nine, lying on the western side of Chattahoochie river, in the sixteenth district of, originally Carroll, but now Troup county; also over fractions three hundred and sixteen, three hundred and seventeen, and three hundred and eighteen, the whole of lots number two hundred and eighty-three and two hundred and eighty-four, and the southern half and northwest quarter of lot number two hundred and eighty-five, lying on the eastern side of said river, and in the fifth district; so that the lots and fractions herein specified may be included and embraced within the limits of the corporation of said town of West Point, in Troup county. Sec. 2. And be it further enacted by the authority aforesaid , That Charles R. Pearson, Beaman H. Martin, Lawrence Gahagan, Greene W. Hill and Huchison Burnam be, and the same are hereby appointed commissioners for the town of West Point; that said commissioners shall have the privilege of electing an intendant from their own body

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for said town: which intendant and commissioners shall continue in office till successors are chosen according to the provisions of this act. Sec. 3. And be it further enacted by the authority aforesaid , That on the second Monday in January, 1837, and on the same day of every subsequent year, it shall be lawful for all persons residing within the corporate limits of said town, entitled to vote for members of the Legislature, to assemble, under the superintendence of two or more justices of the peace, or of the inferior court, and elect, by ballot, an intendant and four commissioners, who shall continue in office one year, and until their successors are elected. And if it shall so happen that such election should not be held at the specified time, it may be lawful for the same to be held on any other day, upon ten days notice being given thereof, at two or more public places within the limits of said town: and if vacancies should occur, the remaining commissioners are authorized to fill such vacancies till the next annual election. Sec. 4. And be it further enacted , That the above mentioned commissioners shall be known as the intendant and commissioners of the town of West Point, and by such, their corporate name, shall sue and be sued, and shall have a common seal, and shall have full power to pass all by-laws and ordinances that may conduce to the health and peace of said town, and appoint such officers as may be necessary to execute the same: Provided , such regulations be not repugnant to the constitution and laws of this State, or of the United States. Sec. 5. And be it further enacted by the authority aforesaid , That Abner M`Gehee, George Whitman, Edward Hancock, John Scott, Sen., Francis M. Gilmer, N. C. Benson, John C. Webb and Charles R. Pearson be, and the same are hereby authorized to build a bridge across the Chattahoochie river, at any point within the limits of said incorporation they may deem expedient, and that they be entitled to such tolls as are received by the existing ferry at that place. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS. President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835.

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COUNTY BOUNDARIES. AN ACT to add lot number seventy-eight and fraction seventy-nine, in the eighth district of, originally Baldwin, now Jones county, to the county of Bibb. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passing of this act, lot number seventy-eight and fraction number seventy-nine, of the eighth district of, originally Baldwin, but now Jones county, shall be added to and become a part of the county of Bibb. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 23d Dec. 1835.

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AN ACT to add a part of Wilkes county to the county of Taliaferro, to provide for the collection of taxes payable from the persons included in the addition, to organize the same, and to establish an election precinct in the said county of Taliaferro. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, that part of Wilkes county lying within the following line shall be added to and become a part of the county of Taliaferro, to wit: beginning at the mouth of Beaver Dam creek, where it empties into Williams's creek, thence down said creek to Little river, thence up said river to the mouth of Powder creek on said river. Sec. 2. And be it further enacted , That all militia officers and justices of the peace comprehended within the line aforesaid, shall continue to hold their offices respectively as if commissioned as officers of Taliaferro county. Sec. 3. And be it further enacted by the authority aforesaid , That the tax collector and receiver of tax returns in the county of Taliaferro, shall be authorized and empowered to call upon the tax collector and receiver of tax returns in the county of Wilkes, and obtain from them a list of returns made, and the amount of taxes payable in said county by the persons now included in the county of Taliaferro, and such taxes shall, for the next year, and henceforth, be collected and accounted for by the county of Taliaferro. Sec. 4. And be it further enacted , That all actions now pending, wherein the defendant or defendants may now be included in said county, shall be transferred, together with all papers relating thereto, and tried in the county where the defendant or defendants reside.

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Sec. 5. And be it further enacted , That the election district which was created in the Raytown district of Wilkes county be, and the same is hereby continued under the same provisions as heretofore existed: Provided , that the returns of all elections hereafter to be held in said precinct shall be made in the county of Taliaferro, at the court house in said county. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 22d; 1835. AN ACT to add a part of Laurens county to the county of Montgomery. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in general Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, all that part of lot number two hundred and two, in the thirteenth district of, originally Wilkinson, now Laurens and Montgomery counties, lying in the county of Laurens, shall be added to and become a part of the county of Montgomery. Sec. 2. And be it further enacted , That all laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 23d Dec. 1835.

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COURTS. AN ACT to transfer all cases now pending and undetermined in the mayor's court of Columbus, to the superior court of the county of Muscogee, and to authorize the sheriff of said county to levy and collect all fi. fa.'s and other precepts which have or may issue out of said mayor's court. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, all cases pending and undetermined in the mayor's court of Columbus shall be transferred to the superior court of the county of Muscogee, and be tried according to law and the practice of said superior court. Sec. 2. And be it further enacted by the authority aforesaid , That it shall be the duty of the clerk of the mayor's court of the town of Columbus, to transmit all the papers relating to cases undetermined therein, to the clerk of the superior court, as soon as the same can be done, with all and any proceedings that may have already been had in such cases. Sec. 3. And be it further enacted by the authority aforesaid , That all processes and precepts which may have issued out of said mayor's court and which may be unexecuted, shall be turned over by the sheriff thereof to the sheriff of the county of Muscogee, whose duty it shall be to execute and return the same to the next superior court of said county as if the same had issued therefrom; and shall pay over to the clerk and sheriff of said mayor's court, when collected, all the fees which may be due them upon said unexecuted processes or precepts.

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Sec. 4. And be it further enacted by the authority aforesaid , That all laws or parts of laws inconsistent with this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. AN ACT to alter and change the time of holding the Superior Courts in the counties of Carroll, Cobb and Paulding, and to attach the latter county to the Cherokee circuit. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the county of Paulding, from and after the passage of this act, shall be attached to and constitute a part of the Cherokee circuit in this State, and the superior courts in the county of Cobb shall be held on the Wednesdays after the second Monday in April and October, and in the county of Paulding on the Thursdays after the second Monday in April and October of each year. Sec. 2. And be it further enacted , That the superior courts in the county of Carroll shall hereafter be held on the third Mondays in April and October of each year, and that all writs, processes, and every other proceeding heretofore made returnable to the courts in either of said counties shall be returnable to the said courts on the days aforesaid, and stand for trial in the same manner as if no alteration of

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the time of holding the same had been made, and that the county of Paulding be added to the Cherokee circuit. Sec. 3. And be it further enacted , That all laws or parts of laws militating against the true intent and meaning of the foregoing act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. AN ACT to alter the time of holding the Superior Courts in the county of Wayne, in the eastern circuit in this State. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That immediately after the passing of this act, the time of holding the superior courts in the county of Wayne shall be on the Friday immediately before the second Monday in November, and on the Friday immediately before the first Monday in April, annually. Sec. 2. Be it further enacted, c. , That all jurors, and cases returnable to the courts as heretofore, shall be returned to the courts hereafter on the days pointed out by this act. Sec. 3. Be it further enacted, c. , That all laws or

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parts of laws that militate against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT to change the time of holding the Superior courts of the counties of Merriwether and Cobb. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the time of holding the Superior Courts of the county of Merriwether be changed to be held on the first Monday in April, and the Tuesday after the first Monday in October; and that the superior courts for the county of Cobb be held on the Wednesday after the second Monday in April and October. Sec. 2. Be it further enacted, c. , That all writs, precepts and processes of any kind or nature whatever, returnable to the time of holding any of the said courts as heretofore directed by law, stand over to be returned to the said several courts as prescribed in the first section of this act, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24th, 1835.

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AN ACT to be entitled An Act to change the times of holding the Inferior Courts in the county of Jasper and Jackson. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the times of holding the inferior courts in the county of Jasper, are hereby changed and altered from the third Monday in January and July to the fourth Monday in January and July in each and every year, and that all writs, processes, subp[UNK]nas and citations issued to the ensuing January term of said court, be held and considered, returnable to the term of said court as contemplated by this act on the fourth Monday in January next, as good and valid in law; and all officers, suitors, witnesses, parties and jurors, shall be held bound to attend said court on the fourth Monday in January next, in like manner as they would have been bound to attend said court on the third Monday in January next, had this act not passed, any law to the contrary notwithstanding. Sec. 2. And be it further enacted by the authority aforesaid , That from and after the passage of this act, the inferior courts of Jackson county shall be held in said county on the first Mondays in January and July, and that all writs, processes, subp[UNK]nas and citations, and all officers, suitors, witnesses, parties and jurors summoned to attend said court and all writs so returned to the second Monday in January next, shall be bound to attend said court; and held and deemed returnable to the first Monday in January in lieu of the second Monday as heretofore, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, President. Assented to, 21st Dec. 1835.

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AN ACT to be entitled An Act to change the time of holding the Inferior Courts of Merriwether and Talbot counties. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the inferior court for the county of Merriwether shall be held on the fourth Monday in April and October in each and every year, instead of the times heretofore prescribed by law; and in the county of Talbot, on the third Monday in June and December. Sec. 2. And be it further enacted , That all declarations, writs, recognizances, precepts and processes, returnable to either of said terms of said courts respectively as heretofore established, shall be made returnable to the next October term of said courtall laws and usages to the contrary not-withstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835.

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AN ACT to authorize the judge of the superior court in the several counties hereinafter named, to audit all accounts for costs and other incidental expenses attending the arrest and prosecution of Cherokee Indians, under the criminal laws of this State, and to provide for the payment of the same. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the judge of the superior court for the counties of Cherokee, Cass, Cobb, Floyd, Forsyth, Gilmer, Paulding, Lumpkin, Murray, Union and Walker be, and he is hereby authorized, at any court held in the counties aforesaid, to audit and liquidate all accounts against the counties aforesaid for costs in criminal cases (when there is an indictment found against an Indian, and he shall be unable to pay the same), arising out of the arrest and prosecution of any Cherokee Indian, in these respective counties: Provided , that the same be done according to the fee-bill of this State. Sec. 2. Be it further enacted , That all accounts or bills for costs liquidated as aforesaid, and signed officially by the judge of the respective counties aforesaid, shall be presented to the Governor, who is hereby authorized to draw his warrant on the treasury for the same, payable out of any fund not otherwise appropriated. Sec. 3. Be it further enacted , That all acts and parts of acts militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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DEBTORS. AN ACT to alter and amend an act entitled an Act passed the 23d of December 1822, to exempt from sale for debts contracted after a given time, certain articles, chiefly necessary for the subsistence of the debtor's family, so far as to extend the same privileges, and benefits to widows and their families during their widowhood, as are extended to debtors' families in said before recited act. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the privileges and benefits extended to debtors' families in the above recited act shall be, and they are hereby extended to all widows, and their families, during their widowhood, under the same rules, regulations and restrictions, as govern the articles exempted for the use of debtors' families, in the before recited act. Sec. 2. And be it further enacted , That all laws or parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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ELECTIONS. AN ACT to permit Elections for Colonels to be held at the various election precincts in the several counties of this State. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, it shall and may be lawful for all elections for colonels to be held at the various election precincts in this State, any law, usage or custom to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT to establish, change and regulate Election precincts in the several counties in this State, and punish those who may attempt to defeat the same. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, all elections for governor, members of congress, members of the legislature, electors to vote for president and vice president of the United States, and all county officers, in the following counties, to wit, Gwinnett, Hall, Clark, DeKalb, Early, Hancock, Cherokee, Talbot, Houston, Franklin, Merriwether, Elbert, Cass, Jones, Crawford, Decatur, Walton, Upson, Campbell, Muscogee, Lee, Putnam and Newton, shall and may be held at the following places, exclusive of the several places of holding elections in the aforesaid counties, already established by law: viz. in the county of Gwinnett, at the house of James Gordon; in the county of Hall, at the house of John D. Floyd; in the county of Early, at the house of William Williams, in the fourth district, and one other, at Dill and Chambers's mills, in the fifth district of said county; in the county of Hancock, at the store house of Charles Medlock, and one other at Poplar Hill, at the house of Thomas Youngblood; in the county of Merriwether, at the house of Ellis Bradley, on the lot number one hundred and fifty, in the eleventh district; in the county of Franklin, at the place known by the name of King's Bench; in the county of Houston, four precincts, one in the five hundred and forty-first district, one in the seven hundred and sixty-ninth district, one in the seven hundred and seventieth district, and one in the eight hundred and eighty-seventh district of Georgia militia, for said county, and at the several places of holding justices' courts in said districts; in the county of Clark, at the place of holding justices' court in the Athens district of said county; in the county of Elbert, at the store house of Asa Dobbs; in the county of Cass, at the house of J. G. B. Adams; in the county of Walton, at the house of William Williamson, in the four hundred and fifteenth district of Georgia militia;

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in the county of Lee, at the house of Elias Hodges; in the county of Muscogee, at the house of James U. Gleenn; in the county of Putnam, at Perryman's store, in the three hundred and sixth district of Georgia militia. Sec. 2. And be it further enacted , That the election precinct heretofore established at the house of Jesse Green, in the county of Cherokee, shall, from and after the passage of this act, be changed to the house of Edward Townsend. The election precinct heretofore established at the house of George Peenus shall, after the passage of this act, be changed to the place of holding justices' court in said district; and the precinct heretofore established at the house of James Diamond, in Rockbridge district, is hereby abolished. The election precinct heretofore established in the seventeenth company district, in Liberty county, shall hereafter be held at Bird's store, in said county. The election precinct in the four hundred and seventy-sixth district of Georgia militia, at the house of Carly Greathouse, to the store of M. and J. Warren, in said district, in the county of Newton. The election precinct heretofore established at the house of Alexander Cabaniss, in the five hundred and thirty-seventh district Georgia militia, Upson county, in future shall be held at the house of Alfred H. Brown, in said county. The election precinct heretofore established at the house of Whitman H. Owens, in the county of Decatur, be removed to the house of Lyman Shepherd, on Spring Creek, in said county. That an election precinct be established at the house of John Sowell, in the county of Crawford; and at the house of Mary Hammock. The election precinct heretofore established in the three hundred and first district of Georgia militia, in the county of Jones, at the house of Mr. Baldwin, be removed to that of Midway Post-office, the place of holding justices' courts and company musters for said district, in said county. In the county of Cobb, at the place of holding justices' court, in the eight hundred and fifty-first district of Georgia militia. Sec. 3. Be it further enacted , That the election precinct in the nineteenth district of Bryan county, now held at the house of John Rogers, in said county be, and the same is

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removed to the house of Jacob Shumanany law to the contrary notwithstanding. Sec. 4. Be it further enacted , That the the elections that may be held at the several precincts established by this act, shall be conducted in the same way, and governed by the same law that is now in force, regulating elections in the aforesaid counties, or other counties having election precinctsany law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. AN ACT to be entitled An Act to establish an additional election precinct in the county of Dekalb. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That citizens of Dekalb county shall be, and they are hereby authorized, on all days of general and county elections, to vote at the house of Charmer Humphries, called and known by the name of White Hall, in the centre of the one hundred and first battalion of Georgia militia, for electors of president and vice president, members of congress, members of the legislature and county officers, under like restrictions and provisions with those enacted for regulating other precinct elections in said county.

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Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act shall be, and they are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT to add n additional election precinct in Muscogee county, and make it lawful to hold elections for colonels and majors of said county, at the different precincts in said county, and to regulate elections for colonels and majors in the several precincts of this State. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall and may be lawful to hold elections for governor, members of congress, electors for president and vice president, senators and representatives to the legislature, and county officers, at the house of James W. Glenns, in Muscogee county. Sec. 2. And be it further enacted by the authority aforesaid , That all elections for colonels and majors held at precincts in this State, shall be managed and conducted in the same manner as the elections for members of the legislature and county officers. Sec. 3. And be it further enacted , That it shall and may be lawful to hold elections at the several precincts in

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said county, for colonels and majors of said countyall laws and parts of laws to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. AN ACT to establish an election District in the county of Oglethorpe, at the Goose Ponds, it being the usual place for holding justices' courts, for the two hundred and thirty-eighth district Georgia militia. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, one justice of the peace, or justice of the inferior court, (when more cannot conveniently attend) with two freeholders, shall, and they are hereby authorized, whenever there is an election to be held in the said county of Oglethorpe, for governor, electors of president and vice president, members of the legislature, members of congress and county officers, to open and hold an election at the Goose Ponds, it being the usual place for holding justices' courts for the two hundred and thirty-eighth district of Georgia militia, at which place any voter of said county may vote: Provided , he has not voted previously at the Court-House, in said county. Sec. 2. Be it further enacted , That before the freeholders shall enter upon this duty, they shall take and subscribe the following oath, to be administered by the presiding

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justice, to wit: I, A. B., do solemnly swear or affirm, (as the case may be), that I will carefully superintend this day's election, and make a true return thereof agreeably to law, to the best of my skill and knowledge, so help me God; which oath shall be entered on the roll, kept and returned to the executive department, and shall be signed by said freeholders. Sec. 3. And be it further enacted , That any person authorized to vote in said county, may vote in said place of holding elections; but whenever the superintendents shall think a voter questionable as to his right to vote, they shall, and they are hereby authorized, to administer the oath usual in such cases. Sec. 4. And be it further enacted , That the place of the sheriff may be supplied at said elections by his deputy, the coroner, or any constable of said county, or by any private person appointed by the superintendents: Provided , said private person shall, before he commences his duty, take an oath to be administered to him by the magistrate presiding, well and truly to perform the duty assigned him. Sec. 5. And be it further enacted , That all acts and parts of acts in anywise militating against this act be, and the same are hereby repealed. Sec. 6. And be it further enacted by the authority aforesaid , That one or more of the superintendents of said election districts, shall meet one or more of the superintendents of the election held at the court-house of the county aforesaid, on the day next after the election, and there compare and add the returns of votes together, and transmit a true statement of the same to the executive office, agreeably to the laws of this State now in force. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835.

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AN ACT to compensate one of the justices of the peace who may be a superintendent of the elections at the several election precincts in and for the counties of Talbot, Pike and Union. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall be the duty of one of the justices of the peace who may be a superintendent at each of the several election precincts established by law in and for said county of Talbot, to meet at the court-house and compare and consolidate the returns according to law heretofore made and provided in such cases, for which service each of the above named justices shall be allowed, for each return so made, the sum of two dollars to be paid out of the county funds. Sec. 2. And be it further enacted by the authority aforesaid , That each of the above recited justices shall make out their accounts agreeably to the first section of this act, setting forth the day and date, and cause the same to be laid before the justices of the inferior court of said county. Sec. 3. And be it further enacted by the authority aforesaid , That it shall and may be lawful for the justices of the inferior court of said county to issue their order requiring the county treasurer to pay the same out of any moneys belonging to the county not otherwise appropriated. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835.

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AN ACT to compensate the superintendents of precinct elections in the county of Troup, and to change the place of holding the precinct election west of Chattahoochie from Goss's store to the west bank of the Chattahoochie river, at the town of Vernon in said county. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, those persons who are required by law to superintend the several precinct elections in the county of Troup, and who do actually superintend said elections, shall receive from the funds belonging to said county the sum of three dollars each for superintending said elections, at each and every general election which may be hereafter held in said county, and the magistrate making the return to the court-house of said elections, shall receive two dollars in addition to the above sum for so doing. Sec. 2. And be it further enacted by the authority aforesaid , That the justices of the inferior court of said county, or a majority of them, are authorized and required by this act to draw an order in favour of said superintendents for such sums as may appear to be due them, under and by virtue of this act, upon the county treasurer or any person who may or shall have the funds of said county in their hands, who shall pay the same promptly. Sec. 3. And be it further enacted by the authority aforesaid , That the place of holding the precinct election at Goss's store in said county be, and the same is hereby changed to the west bank of the Chattahoochie river, at the town of Vernon in said county. Sec. 4. And be it further enacted, by the authority aforesaid , That whenever the justices of the inferior court, or the justices of the peace shall refuse or neglect to organize and carry on the election at the court-house of any county or at any precinct according to law, by the hour of

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ten in the morning of such election day, that then and in that case it shall and may be lawful for any two or more freeholders of the county to hold said election, and receive all lawful votes tendered, and the votes so received by the said freeholders shall be received and counted in making up the result of said election. Sec. 5. And be it further enacted by the authority aforesaid , That all laws and parts of laws which militate against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. FEES. AN ACT to prescribe and point out the mode of collecting Coroners' Fees in the several counties of this State. Whereas, the laws of this State defining the duties of coroners in taking inquests on the body of a dead person, and also defining their fees, have not pointed out any mode for the collection of those fees; for remedy whereof Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall

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and may be lawful for the coroners in this State to issue executions against the property of the person or estate, who by the existing laws are liable, in case of inquisition, for the amount of his fees in said case; which shall be directed to, and levied by a constable of the county, under the same rules and regulations as prevail in justices' courts in this State. Sec. 2. Be it further enacted , That the coroner shall be entitled to thirty-one and a fourth cents for issuing said execution. Sec. 3. Be it further enacted , That all laws, and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. FERRIES. AN ACT to authorize Philip A. Clayton to continue a ferry, heretofore established across the Chattahoochie river in Harris county at Magnolia. 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 Philip A. Clayton be authorized to continue his ferry,

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heretofore established across the Chattahoochie river in Harris county at Magnolia. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. AN ACT to be entitled An Act to authorize and empower Elias Pitner to establish a ferry across the Hightower river, on his own land, in the county of Cass; and Milton Blalock's ferry across the Oostanaullee river, c.; and to establish Stephen Mays' ferry across the Oostanaullee. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, Elias Pitner, of the county of Cass be, and he is hereby authorized and empowered to establish a ferry across the Hightower river, on his own land: Provided , the said Elias Pitner do keep a good and sufficient flat or ferry-boat for the conveyance of passengers, and give due attention to said ferry. Sec. 2. And be it further enacted by the authority aforesaid , That the said Elias Pitner be fully authorized to demand and receive the same rates of ferriage as are received at other established ferries on said river. Sec. 3. And be it further enacted by the authority aforesaid , That the said Elias Pitner shall be bound to make good any damage that may be sustained by his neglect or mismanagement at said ferry.

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Sec. 4. And be it further enacted by the authority of the same , That Milton M. Blalock be, and he is hereby authorized to establish a ferry across the Oostanaullee river, on lot number two hundred and eighty-four, in the fourteenth district, third section; and the said Blalock shall be subject to the same penalties and entitled to the same privileges that Elias Pitner is in this act, and shall be entitled to demand and receive the same rate of ferriage that is allowed at other established ferries on said river. Sec. 5. And be it further enacted by the authority of the same , That Stephen Mays be, and he is hereby authorized to establish a ferry across the Oostanaullee river, on lot number twenty-two, in the fourteenth district, third section; and the said Mays shall be subject to the same penalties and entitled to the same privileges that are given to other persons in this act, and shall be entitled to demand and receive the same rates of toll as is received at other established ferries on said river. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. AN ACT to be entitled An Act to authorize Lewis Tumlin to establish a ferry across the Hightower river, on lot number five hundred and thirty-six, fourth district, third section; and Richard Winn and John M`Affee to establish a ferry across Chattahoochie river, at Vann's old ferry; and to authorize James Powers to establish a ferry across the Chattahoochie, on his own land, in the county of Cobb; and to authorize the Justices of the Inferior

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Court of Hall county to establish ferries on the same; and also to authorize B. B. Rutland to establish a ferry across Flint River; and to establish David Jones's ferry at Traveller's Rest on his own land, on the line of Marion and Dooly counties, c. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Lewis Tumlin be, and he is hereby authorized to establish a public ferry across the Hightower river, on his own land, on lot number five hundred and thirty-six, fourth district, third section, now in the county of Cass, subject to the same rules and regulations, and entitled to ask and receive the same rates of ferriage that other owners of ferries across said river are authorised by law to receiveany law, usage or custom to the contrary notwithstanding. Sec. 2. And be it further enacted , That from the twenty-fifth day of December next, a public ferry be established on the Chattahoochie river, at the point of said river where the old Federal road crosses said river, on the land of Richard Winn, in the county of Hall, on the eastern bank of said river; and on the land of John M. M`Affee, in the county of Forsyth, on fraction number one thousand two hundred and ninety-one, in the fourteenth district of said county, on the western bank of said river at Vann's ferry, as will more fully appear by reference being had to an act entitled an act to establish a ferry on the Chattahoochie river in the county of Hall, on the Federal road, at a place known by the name of Winn's ferry, which right of ferry is hereby vested in Richard Winn, his heirs and assigns, so far as regulates the eastern bank of said river; and which right of ferry is hereby vested in John M. M`Affee, his heirs and assigns, so far as regards the western bank of said river, and for the distance of one half mile of the western landing, designated above as the place where the old Federal road crosses the said river Chattahoochie. Sec. 3. And be it further enacted , That the rates of ferriage at said ferry be the same as those pointed out in the section of the act above referred to, passed December the twenty-first, one thousand eight hundred and twenty-one. Sec. 4. And be it further enacted , That the said Richard Winn on his part, and the said John M. M`Affee on his part, shall each of them at all times give due attendance to

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said ferry, except in time of high water and in the night, and shall keep a good and sufficient ferry-boat or flat for the conveyance of passengers said river, for twenty years. Sec. 5. And be it further enacted , That the said Richard Winn shall make good all losses that shall happen to any person or persons crossing said river by or through his neglect; and that the said John M. M`Affee shall make good all losses which shall happen to a person, by or through his neglect, in crossing said river. Sec. 6. And be it further enacted , That James Powers be, and he is hereby authorized to establish a ferry across the Chattahoochie river, on his own land, in the county of Cobb; and that the said James Powers be, and he is fully authorized to charge the same rates of ferriage as is usual in said county. Sec. 7. And be it further enacted , That the said James Powers shall be liable to all damages that may occur by his neglect. Sec. 8. And be it further enacted , That the justices of the inferior court of Hall county, or a majority of them, may on application, establish public ferries in said county; and authorize persons so applying to keep up their own ferry roads, and exempt them from other road duty, as in their judgment may seem fit. Sec. 9. And be it further enacted by the authority aforesaid , That the ferry of B. B. Rutland across Flint river on fraction number one hundred and thirty-four, in the twenty-eighth district of, originally Lee, now Marion county, and fraction number two hundred and seventeen in the first district of Dooly, on his own land be, and the same is hereby established, and that the said B. B. Rutland be entitled to receive the same rates of ferriage as are received and allowed by law for the crossing of any of the ferries on said river; and that the said B. B. Rutland be, and he is hereby made liable for any and all injuries that persons may sustain, for crossing at the same according to the foregoing provisions of this act. Sec. 10. And be it further enacted , That all laws and parts of laws militating against this act be, and the same is hereby repealed.

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Sec. 11. And be it further enacted , That David Jones, of the county of Dooly, shall be, and he is hereby authorized to keep up and maintain his ferry across Flint river, on his own land, known as the ferry at Traveller's Rest, and that the said ferry be, and the same is hereby established, and that the said David Jones shall be entitled to receive the same rates of ferriage as are received and allowed by law for crossing of any of the ferries on said river; and that said David Jones be, and he is hereby made liable for any and all injuries that persons may sustain for crossing at the same, according to the foregoing provisions of this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. AN ACT to authorize and empower Benjamin S. Wauldin, his heirs and assigns, of the county of Bryan, to establish a ferry across the Great Ogeechee river, at or near Fort Argyle, in the county aforesaid. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passing of this act, Benjamin S. Wauldin, of the county of Bryan, be, and he is hereby fully authorised and empowered to establish a ferry across the Great Ogeechee river, at or near Fort Argyle, in the county of Bryan: Provided , it does not interfere with the rights of any other person.

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Sec. 2. And be it further enacted by the authority aforesaid , That the said Benjamin S. Wauldin, his heirs and assigns, be fully authorized and empowered to demand and receive toll at the several rates established by the following table, to wit: for each foot passenger, six and a quarter cents; for each horse and rider, twelve and a half cents; for each gig and sulky, twenty-five cents; for every cart and horse, twelve and a half cents; for each cart and two horses, eighteen and three-fourths cents; for every wagon and team, fifty cents; for every four wheel pleasure carriage, fifty cents; for every stage, or carriage of like description, seventy-five cents; for every two horse wagon, thirty-seven and a half cents; for every four wheel wagon, drawn by one horse, eighteen and three quarter cents; for each horse or mule, six and a quarter cents; for every head of neat or stock cattle, two cents; for every head of hogs or sheep, one cent: Provided , also, that the said Benjamin S. Wauldin shall be responsible for accidents that may occur in passing said ferry on account of negligence or inability of the ferry-man. Sec. 3. And be it further enacted by the authority aforesaid , That it shall be the duty of the said Benjamin S. Wauldin, his heirs and assigns, as soon as said ferry goes into operation, to fix a board in a conspicuous situation on each landing place thereof, which board shall be painted black, with white legible characters written on the same, noting the different rates of ferriage as herein allowed; and in case of refusal or neglect so to do, he shall incur the forfeit pointed out by law in the twelfth division of the chapter of Prince's Digest, relating to roads, bridges and ferries. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835.

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AN ACT to establish a Ferry across the Savannah river. Whereas the commissioners of public roads in St. Peter's Parish, in the State of South Carolina, propose to cut out and make a public road in the State of South Carolina, to some point on the Savannah river bank, near the city of Savannah, and are desirous to establish a public ferry from such point to the city of Savannah, which it is believed will be a general benefit to the citizens of South Carolina and Georgia in that section Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the commissioners of the public roads in St. Peter's Parish, in the State of South Carolina, and their successors in office be, and they are hereby authorized and empowered to establish, keep up and maintain a public ferry across the Savannah river, from the point at which such proposed road shall strike the Savannah river to such point in the city of Savannah as shall be designated by the corporation of said city: Provided , that nothing herein contained shall be held or taken to authorize any interference with the obstruction proposed to be made in said river, between Argyle and Hutchinson's islands, for the improvement of the navigation of said river. Sec. 2. And be it further enacted , That the said commissioners shall have power and authority to lay, levy, collect and receive the same rates of ferriage heretofore specified for the Union Road ferry. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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FINES AND FORFEITURES. AN ACT to be entitled An Act to repeal an act, passed the 25th of December, 1821, appropriating the fines and forfeitures arising from criminal prosecutions in the counties of Columbia and Jones, to the use and benefit of said county Academies, and repealing the same so far as respects the county of Columbia. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passing of this act, all fines and forfeitures arising from criminal prosecutions on the criminal side of the courts in the county of Columbia, and all other penalties and forfeitures, whether arising from bonds to prosecute or bonds for the appearance of any offender, or any other violation of the penal statutes of this State, within the said county of Columbia be, and the same is hereby vested in the trustee of the poor school fund of said county of Columbia, and any money arising from any forfeitures as aforesaid, the officer or person holding the same is directed and required to pay the same within one month after the receipt thereof to the said trustee of the poor school fund of said county of Columbia, to be applied to the education of the children of said county, entitled to the benefit of the poor school appropriated fund. Sec. 2. And be it further enacted , That the said trustees and their successors shall annually make a report to the grand jury of said county at the September term of the superior court, of all the moneys drawn and applied as herein before specified, to be field in the clerk's office of the superior court of said county.

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Sec. 3. And be it further enacted , That all costs arising from said prosecutions be first paid to the officer collecting the same. Sec. 4. And be it further enacted , That all laws or parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. AN ACT appropriating the fines and forfeitures arising from criminal prosecutions in the counties of Troup, Gwinnett, Hancock, Taliaferro, Clark, Greene and Warren, to the Education of the poor children of said counties. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, all fines and forfeitures arising from criminal prosecutions on the side of the courts of said counties, and all other penalties and forfeitures, whether arising from bonds to prosecute or bonds for the appearance of any offender, or any other violation of the penal statutes of this State, within the said counties of Warren, Troup, Gwinnett, Hancock, Taliaferro, Clark and Greene, be, and the same are hereby vested in the trustee of the poor school fund of said counties respectively and shall become a fund for the education of the poor children

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of said counties respectively, and money arising from any forfeitures as aforesaid, the officer or person holding the same is directed to pay the same within six weeks after the receipt thereof to the trustee of said county, to be applied to the education of the poor children of said counties respectively: Provided , that all costs previously due for criminal prosecutions, as also arising from said prosecutions, be first paid. Sec. 2. And be it further enacted by the authority aforesaid , That the trustee of the poor school fund shall annually, every spring term of the superior court, make a report to the grand jury of said counties respectively, of all the moneys drawn and applied as herein before specified, to be filed in the clerk's office of the superior court of said counties respectively. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 26th, 1835. FREEDOM. AN ACT more effectually to protect free persons of colour, and to point out the mode of trying the right of freedom.

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Whereas, free persons of colour are liable to be taken and held fraudulently and illegally in a state of slavery, by wicked white men, and to be secretly removed whenever an effort may be made to redress their grievances, so that due inquiry cannot be had into the circumstance of their detention and their right to freedom; for remedy whereof Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That it shall and may be lawful for any justice of the inferior court of any county of this State, upon the complaint of any free person of colour, that he, she or they are fraudulently and illegally held in slavery, to make due inquiry into all the circumstances of the case; and if, upon such examination, the justice shall be satisfied that there is probable ground to believe that such complainant or complainants are improperly and illegally held in a state of slavery, it shall be his duty to order such person or persons into the custody of the Sheriff of the county, until the pretended owner or owners shall enter into bonds with good security for double the value of such person or persons of colour, not to remove or attempt to remove such free persons of colour from the county where this examination is held before the cause is finally adjudicated, whereupon it shall be the duty of the sheriff to deliver such persons of colour to such pretended owner; but if the persons claiming to be the owners or proprietors of such person or persons of colour fail or refuse to give bond and security as aforesaid, the sheriff shall retain him, her or them in his possession. Sec. 2. And be it further enacted by the authority aforesaid , That it shall be the duty of the justice of the inferior court, before whom the examination is had, to reduce the statement to writing, and to return the same to the clerk of the inferior court of the county, who shall docket the case, stating the names of the parties, c., which shall stand for trial the first court after the same is docketed, unless either party for want of evidence or other sufficient cause, should move to continue the cause, which may be done for one term and longer. Sec. 3. And be it further enacted by the authority aforesaid , That the inferior court shall cause the parties to make up an issue involving the complainant's right to freedom, which shall be submitted to a jury, as in other cases; but either party being dissatisfied with the verdict, shall be permitted

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to appeal to the superior court, without giving bond and security, as in other cases. Sec. 4. And be it further enacted by the authority aforesaid , That should the complainant, upon the final trial of the case, succeed in obtaining a verdict in his favour, the court shall order such person of colour to be set at liberty, and a guardian to be appointed, as is now regulated by law. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. GARNISHMENT. AN ACT to repeal the second section of an act passed December, eighteen hundred and thirty-two, entitled An Act to make Banks and other Corporations subject to Garnishment, and to regulate proceedings against Garnishees in certain cases, and to revive and declare in force the third section of said act. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the said second section of the above recited act be, and the same is hereby repealed. Sec. 2. Be it further enacted by the authority afore

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said , That the said third section of the said act be, and the same is hereby declared to be in full force and effect; and that all laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 22d, 1835. GRANTS. AN ACT to reduce the fees on Grants to fortunate drawers in the late land and gold lotteries of the lands of this State, and all other ungranted lots of land in all the former land lotteries in this State. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passing of this act, the fees on grants for lands drawn in the late land and gold lotteries shall be five dollars on each grant of a land lot, and three dollars on each grant of a gold lot, and all other ungranted land lots in all the former lotteries in this State five dollars, and fractions three dollars, to be paid into the treasury of this State. Sec. 2. And be it further enacted by the authority aforesaid ,

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That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 27th Nov. 1835. AN ACT to authorize the issuing of Grants by the State of Georgia to the fortunate drawers of all lots of land situate in the counties of Cherokee, Cass, Cobb, Forsyth, Floyd, Gilmer, Lumpkin, Murray, Paulding, Union and Walker, which were drawn in the late land and gold lotteries; and to repeal all laws repugnant to the same. Whereas, the legislature of Georgia, while it has hitherto been directed to promote the general good of its citizens, has at the same time kept constantly in view the Indian tribes settled within its chartered limits; and whereas time and experience have clearly demonstrated that the habits and principles of the red man are adverse to the progressive and enlightened character of the present day, and the longer he is kept in the neighbourhood, and the oftener he is brought into contact with civilized man, that he rapidly sinks into a corresponding state of degradation; and whereas the present executive of the United States has, for years past, used the most untiring efforts to transfer the remaining remnant of the Cherokee Indians to a climate and soil beyond the Mississippi, far more eligible for them than that they at present occupy, with an offer of protection and ample support during their removal and early settlement: they would have been surrounded with comforts which are witheld from the yeomanry of our country who emigrate

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to the westto a country to which other Indian tribes have voluntarily gone, and in which the national character and habits of the Cherokees would remain unchanged. It is assumed with confidence that the great mass of these Indians would long ago have acceded to these humane and benevolent offers, but for the intriguing and selfish motives of their chiefs, in whom, by old custom, they have hitherto confided their destinies. And whereas a crisis has arrived when necessity demands that the past policy of the State, in relation to this tribe of Indians, should be carried out, to wit, securing to these aborigines a distant establishment, where they can enjoy their old and established habits and peculiar modes of government, and thereby keep up their identity as a separate people; to place our citizens in the possession of undisturbed lands, which have long been withheld from them, the occupation and cultivation of which would strengthen the state and add to the sum of human happiness. And whereas recent and melancholy experience has proven beyond doubt that white population, and a dense Indian one, cannot with safety intermingle in the same region of country, especially in the Cherokee counties, in many of which the Indians predominate, whose minds are uninformed or uninfluenced by moral principles, and whose habits and ferocious customs make them insensible to the effects of penal sanctions; thereby placing our citizens, their wives and children, and all that is dear to them, at the mercy of the savage, stimulated by his vindictive passions. And whereas, from a knowledge of the Indian character, and from the present feelings of these Indians, it is confidently believed that the right of occupancy of the lands in their possession should be withdrawn, that it would be a strong inducement to them to treat with the general government and consent to a removal to the west. And whereas the present legislature openly avow that their primary object in the measures intended to be pursued are founded on real humanity to these Indians, and with a view in a distant region to perpetuate them with their old identity of character, under the paternal care of the government of the United States, at the same time frankly disavowing any selfish or sinister motives towards them in their present legislation Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That immediately from and after the passage of this act, it shall be the duty of his excellency the Governor, to cause grants to issue for all lots that have been drawn in the

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late land and gold lotteries, now situate in the counties of Cherokee, Cass, Cobb, Forsyth, Floyd, Gilmer, Lumpkin, Murray, Paulding, Union and Walker, in the name of the fortunate drawers thereof, upon his, her or their application, and upon the payment of the fees now established by law into the treasury of this State. Sec. 2. And be it further enacted by the authority aforesaid , That if any Indian, descendant of an Indian, or other person entitled to the privileges of an Indian, shall be in the possession or occupancy of any lot or lots of land which may be hereafter granted according to the provisions of this act, or any part thereof, it shall not be lawful for such grantee, or any person claiming under him, her or them, to dispossess, molest, or in any way disturb the possession of such Indian occupant, (provided such Indian, or person entitled to the privileges of an Indian is entitled to the possession under any of the laws now in force in this State), until the twenty-fifth day of November, eighteen hundred and thirty-six; and not then, if a future legislature shall deem it necessary to give such Indians further time to remove from the lands within the limits of Georgia; and such occupant shall be protected in his possession and occupancy of such lot or lots of land in the same manner as is now prescribed by law, until the time as pointed out in this act. Sec. 3. And be it further enacted , That all laws and parts of laws which militate against the true intent and meaning of the foregoing act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 21st, 1835.

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AN ACT to be entitled An Act to secure to the heirs of John W. Green title to lot of land number two hundred and fourty-four, in the second district of, formerly Muscogee, now Marion county. Whereas, the above lot of land was drawn by John W. Green, and whereas a grant was issued to John B. Green in consequence of an error in the book of the executive department, and whereas the executive has no power to correct said error Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the above lot of land be vested in the heirs of the said John W. Green, he being dead, notwithstanding the aforesaid error; and, that in any contest which may arise between the representatives of said John W. Green and any other person for said land, the grant thus issued to John B. Green shall be admitted in evidence in favour of the claim of said representatives of John W. Green. Sec. 2. Be it further enacted , That all laws militating against this act be repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT to be entitled An Act to authorize and empower the surveyor-general to record all plats of surveys made on head-rights before granting the same. Be it enacted by the Senate and House of Representatives of of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That on the receipt of a lawful plat and warrant from any county surveyor, properly made in accordance with the present existing laws of this State, the surveyor-general be, and he is hereby required, forthwith to record in a neat well-bound book such plat. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 23d Dec. 1835. AN ACT to authorize and require the surveyor-general to issue a grant for the south half of lot number one hundred and seventy-six, in the ninth district of Houston county, to Isham Wright; and also to Cornelius Conally, for the State's half of lot number three hundred and sixty-five, in the sixth district of Gwinnett county.

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Whereas, the said lot of land was condemned as fraudulent, and the south half thereof, on partition, was allotted to the State of Georgia, and was afterwards sold, in pursuance of law, by the sheriff of Houston county, and the said Isham Wright became the purchaser, and paid in full the different instalments of the purchase money. And whreas the writ of partition, and the survey, and the return thereon have been lost or destroyed, so that the said Isham Wright has been unable to obtain a grant for the same on application to the surveyor-general Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the surveyor-general be, and he is hereby authorized and required to issue to the said Isham Wright, a grant for the said south half of lot number one hundred and seventy-six, in the ninth district of Houston county, upon his paying the grant fee, and on his presenting the surveyor-general with a plat of the same. Sec. 2. And be it further enacted , That the surveyor-general be authorized to issue a grant to Cornelius Conally, for the State's half of lot number three hundred and sixty-five, in the sixth district of Gwinnett county, upon his paying the usual fees, c. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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INCORPORATIONS. AN ACT to be entitled An Act to incorporate the Methodist Episcopal Church known as Ebenezer Church, and the Methodist Episcopal Church known by the name of Camp Ground Church; also, the Methodist Episcopal Church, known as the Wesley Chapel Camp Ground Church, all in the county of De Kalb; also, to incorporate the Baptist Church at Vernon in Troup county, and the Presbyterian Church at Fayetteville in Fayette county. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the Rev. Jacob Lasseter, Rev. Uriah C. Sprayberry, James W. Givens, Harris Sprayberry, Robert Givens, William W. Johnson and Josephus Harrison shall be, and they are hereby declared to be a body corporate and politic, by the name and style of the Trustees of the Methodist Episcopal Church of Ebenezer, in the county of De Kalb, and that John M. Smith, Samuel Sewell, Lewis Peacock, Jesse Faine and Jacob Redwine be, and they are hereby declared to be a body corporate and politic, by the name and style of the Trustees of the Camp Ground Methodist Episcopal Church of said county; and that Thomas W. Slaughter, George Hall, Rev. Elijah Bird, Rev. Uriah Strayberry, James W. Givens, Galer Johnson, Minty Fowler, William W. Johnson and Benjamin Sprayberry be, and they are hereby declared to be a body politic and corporate, by the name and style of the Trustees of Wesley Chapel Camp Ground of the Methodist Episcopal Church of said county; and that John Lasseter, Oliver P. Watson, Ira Allen, Reuben Stillwell and Woody Dozier be, and they are hereby appointed a body politic and corporate, by the name and style of the Trustees of the Baptist Church at Vernon, in

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the county of Troup, and that the trustees as aforesaid, respectively, and their successors in office, shall be invested with all manner of property, both real and personal, which they may acquire or be possessed of by gift, grant or purchase, and all privileges and immunities whatever which may belong to said trustees respectively of said churches, under their respective denominations, or which may hereafter be made or transferred to them, the said trustees and their successors in office, to have and to hold the same for the proper use, benefit and behoof of the said Baptist and Methodist Episcopal Churches respectively; and the said trustees and their successors in office, in the name and by the style as aforesaid, shall be, and they are hereby declared to be capable of suing and being sued, and of using all necessary and legal steps for recovering and defending any property whatever which the said trustees may respectively hold or claim. Sec. 2. And be it further enacted by the authority aforesaid , That the said trustees respectively, or a majority of them, shall have full power and authority to make all by-laws and ordinances necessary for the government of the temporal affairs of their respective churches, not repugnant to the constitution and laws of this State; and also to appoint such officers as they may deem necessary for conducting the business of their respective corporations. Sec. 3. And be it further enacted , That the said trustees respectively, or a majority of them, shall have full power and authority to fill all vacancies which may occur in their respective boards by death, resignation or otherwise, in such manner as they may point out in the by-laws of their respective corporations. Sec. 4. And be it further enacted , That Eli Edmonson, Levy Holt, Sandy D. King, Joseph H. Cunningham and William M`Bride, and their successors in office be, and they are hereby declared to be a body corporate, by the name and style of the Trustees of the Presbyterian Church at Fayetteville, in the county of Fayette, with power to hold any property, either real or personal, which now belongs to or may hereafter be acquired by the said church, whether by purchase, gift or bequest, with all the privileges and immunities thereunto belonging, for the use and benefit of the said church; and they are hereby declared capable of suing and being sued, and of using all legal means for defending and recovering any property whatever which the

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said trustees, or their successors in office, may hold, claim or demand: Provided , nothing herein contained shall prevent any future legislature from altering, amending and repealing this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. AN ACT to make permanent the Public Site in the county of Union, and to incorporate the same. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from, and immediately after the passage of this act the court-house and jail of the said county of Union be, and the same are hereby declared and required to be permanently located upon lot No. 273 of the ninth district and first section of, originally Cherokee, now Union county, and at a place now known by the name of Blairsville. Sec. 2. And be it further enacted by the authority aforesaid , That Philip D. Maroney, Thomas Kelly, David Hawkins, Ebenezer Fain and Hugh Capehart be, and they are hereby appointed commissioners of the said village of Blairsville, and they, or a majority of them, and their successors in office shall have full power and authority to pass all such by-laws, rules and regulations which they, or a majority of them, may deem necessary and expedient for the well governing and good order of the said village, and shall have full power and authority to appoint such officers as they

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may deem necessary to carry such by-laws, rules and regulations into effect: Provided , such by-laws, rules and regulations be not repugnant to the constitution of this State or of the United States. Sec. 3. And be it further enacted by the authority aforesaid , That said commissioners shall continue in office until the first Saturday in January, one thousand eight hundred and thirty-seven, or until their successors are elected; on which day, and on the first Saturday in January annually thereafter, all free white persons within the corporate limits of said town who are entitled to vote for members of the General Assembly shall assemble at the court house in said town and choose by ballot five commissioners, who shall continue in office for one year, or until their successors are elected, and shall be re-eligible; and said election shall be held by any one of the justices of the inferior court, or justice of the peace of the said county of Union. Sec. 4. And be it further enacted by the authority aforesaid , That in the event that there shall be no election held on the day and manner pointed out by this act, the commissioners aforesaid, or any two of them may, and they are hereby authorized to order an election for commissioners to be held in the court-house of said town, by giving ten days notice on the court-house door of said town, and all vacancies which may occur in said board of commissioners, shall be filled in like manner, agreeably to the provisions of this act. Sec. 5. And be it further enacted by the authority aforesaid , That said commissioners and their successors in office shall be, and they are hereby empowered to use a common seal, to sue and be sued, plead and be impleaded, in any court of law or equity of this State. Sec. 6. And be it further enacted by the authority aforesaid , That said commissioners have full power to protect all public springs and the public streets in said town, any law, usage or custom to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835.

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AN ACT to incorporate the Tranquil Institute in Liberty County, and appoint Trustees for the same. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Robert Quarterman, John S. Quarterman, Ezra Stacy, Simon Frazer, William E. Quarterman and their successors in office, be, and they are hereby appointed Trustees of the Tranquil Institute in the county of Liberty; and as such are made and declared to be a body corporate, with power to sue and be sued, plead and be impleaded, have, hold and convey property belonging to said Institute, now or hereafter, and do all other things appertaining to the same. Sec. 2. And be it further enacted , That the Trustees of Tranquil Institute aforesaid shall have power to adopt such by-laws as they may deem necessary and proper for the government and prosperity of the same: Provided , such by-laws are not repugnant to the laws and constitution of this state. Sec. 3. And be it further enacted , That when a vacancy shall occur in the board of Trustees of said Tranquil Institute by death, resignation or otherwise, the remaining trustees shall have power to fill such vacancy in the manner pointed out by the by-laws of said Tranquil Institute. Sec. 4. Be it further enacted , That the trustees of said institute, as a body corporate, shall, and they are hereby declared to be capable of receiving, having and holding all gifts, grants and donations, whether real or personal, which may be given, granted or bequeathed, for the benefit of said instituteany law, usage or custom to the contrary notwithstanding. Sec. 5. And be it further enacted , That the trustees shall be, and are hereby declared to be entitled to a fair proportion of the academic fund, for the use of Tranquil

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Institute, which may be appropriated for the use of academies in said county, for the year one thousand eight hundred and thirty-six, or any subsequent period. Sec. 6. And be it further enacted , That all laws contravening this act are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT to be entitled An Act to incorporate the Gwinnett Manual Labour Institute. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That John S. Willson, James Gamble, R. Chamberlain, James Stratton, M. Dickson, T. Y. Alexander, T. W. Alexander, A. R. Smith, Washington Poe, Matthew Robertson, Joseph H. Cunningham, and Levi Willard be, and they are hereby appointed trustees for the Gwinnett Manual Labour Institute. Sec. 2. And be it further enacted , That the said trustees and their successors in office, or a majority of them, shall have power and authority to make such by-laws, rules and regulations as they may deem fit and proper, for the

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government of the said school: Provided , such by-laws, rules and regulations shall not be repugnant to the constitution and laws of this State, or to such constitution as may be adopted by the Flint river Presbytery, for the government of the said institution. Sec. 3. And be it further enacted , That the trustees aforesaid, and their successors in office, under the name and style aforesaid, may use a common seal, and shall be and are hereby declared to be capable of suing and being sued, pleading and being impleaded, and of using all means necessary and lawful for securing and defending any money, property, debts or demands which do now or may hereafter belong to said institution, and for receiving all grants, gifts, bequests, devises or conveyances of property of any and all descriptions whatever. Sec. 4. And be it further enacted , That the said trustees and their successors in office shall be entrusted with and entitled to all manner of property, both real and personal, all donations, gifts, grants, legacies, bequests, privileges and immunities whatever, which may now belong to said institution or which may hereafter be made or conveyed to it, and no misnomer of the corporation shall prevent its right from vesting wherever it may appear or can be ascertained that it was the intention of the party or parties to sell, give or bequeath any property, real or personal, or any right or interest to the said corporation. Sec. 5. And be it further enacted , That when any vacancy shall occur in the said board of trustees, by resignation, removal or otherwise, the remaining members of the board, or a majority of them, shall have the power of filling such vacancy, which appointment shall continue until the next meeting of the Flint river Presbytery, who shall have the power of sanctioning or rejecting the appointment, and of filling all vacancies that may occur in the board during the recess of said Presbytery. Sec. 6. And be it further enacted , That it shall be the duty of the board of trustees of said institute to report all their actings and doings, together with the progress and situation of the said institute, to the Flint river Presbytery, annually, or oftener, as the said Presbytery may require, who shall have, through the board of trustees, the entire control and direction of the said institution, in conformity with the provisions of the constitution heretofore adopted,

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and such amendments thereof as may hereafter be made thereto by the said Presbytery. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, President. Assented to, 26th Dec. 1835. AN ACT to incorporate the Columbus Insurance Company, and to define the powers and liabilities of the said company. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the following persons, to wit, Thomas Preston, Jun., John Schley, Jun., and E. L. Wittich, all of the town of Columbus, in this State, be and they are hereby constituted a board of commissioners, whose duty, or a majority thereof, it shall be, to convene in the town of Columbus, on the first Monday of January, one thousand eight hundred and thirty-six, and open a book to receive subscriptions of stock in the Columbus Insurance Company, to be established in said town; and when the whole of said stock shall have been subscribed, shall authorize said company to commence business, and shall give public notice thereof, requesting a meeting of said stockholders, for the election of directors to manage the affairs of said company. Sec. 2. And be it further enacted by the authority

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aforesaid , That for the well ordering of the affairs of said company, there shall be five directors, who shall be elected by the stockholders of said company, and whose duty it shall be to elect a president from their number. Sec. 3. And be it further enacted by the authority aforesaid , That the said president and directors, and their successors shall be, and they are hereby declared to be, a body corporate in name and deed, and by the style and denomination of the Columbus Insurance Company, and by that name and style shall have succession of officers and members for the term of thirty years, and a common seal to use, break, alter and amend at their pleasure; and to sue and be sued, plead and be impleaded, answer and be answered unto in any court of law or equity, in this State or elsewhere, having competent jurisdiction; and may make, ordain and establish such by-laws, rules and regulations, as they may deem expedient and necessary to carry into effect the objects of said company, and the same to change, alter and amend, as they may deem necessary and proper: Provided , such by-laws, rules and regulations, be not repugnant to the constitution or laws of this State or the United States. Sec. 4. Be it further enacted by the authority aforesaid , That the said President and directors shall have power to appoint a secretary, and such other officers as may be necessary for the management of the affairs of said company. Sec. 5. Be it further enacted by the authority aforesaid , That the capital stock of said company shall consist of one hundred thousand dollars, with the privilege of increasing the same at any time the directors may deem it necessary to three hundred thousand dollars, to be divided into shares of one hundred dollars each; and the said company may commence business so soon as twenty per cent of the capital stock shall have been paid in, five per cent at the time of subscribing, and the balance of said stock at such times as may be required by the directors. Sec. 6. And be it further enacted , That the property of the stockholders shall be bound for all contracts or liabilities made or incurred by said company, in proportion to their amount of stock. And all transfers of stock which may be made within six months previous to the failure of said company, shall not release the property of such stockholders so transferring the same, from any liabilities or

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contracts which were incurred by said company during the time which he, she or they were stockholders. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. AN ACT to be entitled An Act to incorporate the Georgia Insurance and Trust Company, to be located in the city of Augusta. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That there shall be established in the city of Augusta, an Insurance and Trust Company to be called and known as The Georgia Insurance and Trust Company; and all such persons as may hereafter become stockholders in said company, shall be, and they are hereby declared to be a body corporate and politic under the name and style aforesaid; by which they shall sue and be sued, answer and be answered unto in any court of law or equity in this State or elsewhere, and shall have and use a common seal, with power to alter the same at pleasure. Sec. 2. And be it further enacted by the authority aforesaid , That the capital stock of said company shall be five hundred thousand dollars, with the privilege of increasing it to one million of dollars when the holders of a majority of the stock shall so determine, in shares of one hundred dollars each; but the said company shall be allowed to commence

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business as soon as one hundred thousand dollars are paid into the hands of the commissioners hereinafter named, in specie or bills of any of the specie paying banks of this State; the balance of the stock subscribed to be paid in or added from the profits of the company, in such manner as the stockholders may direct by their by-laws. And if any stockholder or stockholders shall fail to pay any instalment as required by the by-laws, his, her or their stock, as well as all and any sum or sums of money previously paid thereon, shall be forfeited to the company. Sec. 3. And be it further enacted by the authority aforesaid , That Samuel Hale, H. Bowdrie, J. Morrison, J. Phinizy, A. J. Miller, John Kerr, W. T. Gould, P. Stovall, Adam Johnson, A. Gould, J. M. Adams, W. H. Morgan, S. H. Peck, G. Collins, William Harper, T. S. Metcalf, J. Moise, E. B. Beall, C. J. Jenkins, J. G. Winter, and J. Kent be, and they are hereby appointed commissioners to superintend the subscriptions to stock in said company, which they or any two of them are authorized to receive at such times and place as a majority of said commissioners may determine, upon at least thirty days notice thereof being given in at least four of the public gazettes of this State. But during the three first days appointed by the commissioners for receiving subscriptions, no individual, corporation or partnership shall be permitted to subscribe for more than twenty shares; and if five thousand shares shall not be taken during the three first days, any individual, corporation or partnership may subscribe for the remaining shares on the fourth day. Sec. 4. And be it further enacted by the authority aforesaid , That the commissioners receiving subscriptions to the stock of said company, shall keep the books open four days, and shall demand and receive at the time of subscription, the sum of twenty dollars per share for each share subscribed; and if the subscription exceed five thousand shares, the stock shall be rateably apportioned by the commissioners, and they shall return to the subscribers the amount paid by them over and above twenty dollars for each share allotted to them. Sec. 5. And be it further enacted by the authority aforesaid , That so soon as five thousand shares are subscribed for, and twenty dollars per share paid, the commissioners, or a majority of them, shall call a public meeting of the stockholders, to be held in the city of Augusta, at such time and

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place as they may designate, of which thirty days notice shall be given in three of the public gazettes of said city; at which meeting the stockholders shall proceed to elect by ballot, (each share entitling the holder to one vote) not less than thirteen nor more than twenty-one directors to manage the affairs and business of said company, each of whom shall own, in his own right, or as one of a partnership in right of the firm, not less than ten shares of the capital stock of said company, which directors shall continue in office till their successors are elected, at such time as may be regulated by the stockholders; to which board of directors the commissioners shall deliver the money received by them from the subscribers to the stock. Sec. 6. And be it further enacted by the authority aforesaid , That at the meeting provided for in the preceding section of this act, the stockholders shall, before they proceed to the election of directors, make and adopt such by-laws as they may think necessary and proper, in relation to the board of directors, the transfer of stock and the transaction of the business of the company: Provided , that such bylaws shall not be contrary to the constitution of the United States, or the constitution or laws of this State. Sec. 7. And be it further enacted by the authority aforesaid , That so soon as the board of directors is elected and organized according to the by-laws of said company, the said company shall have full power and authority (under their common seal or otherwise) to make insurance on lives; to make insurance on houses, buildings and vessels of every description, goods, wares, merchandise, freight, bottomry, respondentia and interest, against risks of every kind and description; to borrow and lend money upon such terms as may be agreed on, at not exceeding an interest of eight per cent per annum; to buy, sell and grant annuities; and also to cause themselves to be reinsured upon any risks upon which they may have made insurances, and upon the interest they may have in any vessels, goods or merchandise in virtue of any loan on bottomry and respondentia. But nothing in this act contained shall authorize the said company to issue bank bills or exercise the privilege of banking. Sec. 8. And be it further enacted by the authority aforesaid , That all losses by insurance shall be paid by said company within ninety days after proof of the loss has been furnished in cases not disputed; and in disputed cases, within ten days after final decision, or this charter shall be forfeited; and

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in all cases the sum due shall bear interest after ninety days from the time of furnishing proof of loss; and where any action is brought against said company in any court of law in this State, having jurisdiction thereof, the same shall stand in order for trial at the first term. Sec. 9. And be it further enacted by the authority aforesaid , That it shall be the duty of the board of directors, at their first meeting after their election, to appoint one of their body president of said company; and in case of the death, resignation, removal from this State of the president or any director, or in case he shall cease to be a stockholder, (as is required in the fifth section of this act) the remaining directors shall fill his vacancy. Sec. 10. And be it further enacted by the authority aforesaid , That neither the president nor any director of said company shall, at any time, owe or be responsible to said company for more than five thousand dollars; and that in any case where money is lent by said company, except to banking institutions, or where good personal security is given, a lien upon property shall be taken to secure the repayment, but in no case shall a loan be made of more than half the value of the property pledged or mortgaged. Sec. 11. And be it further enacted by the authority aforesaid , That the board of directors shall at least twice a year, at such times as may be fixed by the by-laws of the company, make a dividend of so much of the profits of said company as to them, or a majority of them, shall seem advisable; but no dividend shall be declared except the capital paid in be and remain unimpaired. Sec. 12. And be it further enacted by the authority aforesaid , That the said company may purchase, have, receive, hold, sell, assign and transfer at pleasure any bank stock, railroad stock or other stock; but shall own no real estate except such as may be requisite for the convenient transaction of business, or such as may have been conveyed to it as security or in satisfaction of debts due to it, or purchased at any public sale or sales under process in its favour; and the privileges hereby granted shall be and continue in force for twenty-five years from the date of this act, and no longer. Sec. 13. And be it further enacted by the authority aforesaid , That the property of the stockholders shall be bound for all contracts or liabilities made by said company to the

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amount of their stock, so long as he, she or they shall continue a stockholder; and all transfers of stock six months previous to the failure of said company shall not release the person or persons so transferring the same from any contracts or liabilities which were incurred whilst they were stockholders. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 26th, 1835. AN ACT to incorporate the Macon Lyceum and Library Society. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Ambrose Baber, Edwin B. Weed, David B. Butler, Charles Cotton, Robert Collins, Jerry Cowles, William H. Burdsall, Charles Day, James R. Butts, Robert Carver, Washington Poe, Charles Campbell, Scott Cray, Edward D. Tracy, Thomas R. Lamar, Henry G. Lamar, Everard Hamilton, Charles J. M`Donald, Ossian Gregory, Nathan C. Munroe, R. A. Beall, C. A. Higgins, J. G. Layman and John Lamar and their associates, together with all other persons who are now or may hereafter become members of the said society be, and they are hereby incorporated by the name of the Proprietors of the Macon Lyceum and Library Society, and by that name may sue and be sued, plead and be impleaded, defend and be defended in all courts of law and equity in this State, in all manner of actions, pleas or controversies whatever; and in their said corporate capacity,

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and by their said name, they and their successors shall be capable in law to purchase, receive, have, hold, take, possess and enjoy, in fee simple or otherwise, lands, tenements, rents and hereditaments not exceeding in the whole the yearly value of three thousand dollars, exclusive of the building or buildings which may be actually occupied, and their successors shall be capable of taking, receiving and holding by donation, subscriptions, bequest or otherwise, money, goods, chattels, effects and credits to an amount the yearly value of which shall not exceed two thousand dollars, exclusive of their books, so that the estate aforesaid shall be appropriated for the promotion of literature, of arts and sciences, and not otherwise; and the said corporation and their successors shall have power to give, grant, sell, alien, convey, exchange or lease any part of their lands, tenements or their property for the benefit and advantage of the said society. Sec. 2. Be it further enacted , That the said corporation may have a common seal for their use and benefit, with full power to alter, change or renew it when they shall think the same expedient. Sec. 3. Be it further enacted , That the said corporation shall have power to determine when and where their meetings shall be holden, and the manner of notifying and calling the same, and power to choose such officers with such powers as they shall judge expedient, and to make bylaws, rules and regulations for the government of said society, and for the good order and legal management of the officers thereof, and for and concerning all matters and things relating to said society, and the same at pleasure to alter and amend or repeal: Provided , however, that the powers vested in the said officers and their by-laws shall not be repugnant to the constitution and laws of this State. Sec. 4. Be it further enacted , That the proprietors of said corporation shall have power to impose suitable fines, not exceeding ten dollars, for non fulfilment or breach of their by-laws, and the said corporation shall have a suitable remedy by action to recover such fines in any court of law proper to try the same. Sec. 5. Be it further enacted , That whenever any proprietor shall neglect or refuse to pay any assessment duly imposed upon his share or shares in said corporation, for the space of sixty days after the time set for the payment

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thereof, the treasurer of said corporation is hereby authorized to sell at public vendue the share or shares of such delinquent proprietor, after due notice in some newspaper printed in the city of Macon of the same, due on such share or shares, and the time and place of sale, at least thirty days before the sale, and such sale shall be a sufficient transfer of such share or shares so sold to the purchaser, and upon producing a certificate of such sale from the treasurer, such purchaser shall be entitled to a transfer of the share or shares so sold on the books of the corporation, and shall be considered to all intents and purposes the proprietor thereof; and the overplus of such sale, if any there be after the payment of such assessment and incidental charges, shall be paid on demand by such treasurer to the person whose share or shares were sold as before provided. Sec. 6. Be it further enacted , That William H. Burdsall, E. B. Weed, James Rea, Charles Campbell, Nathan C. Munroe, Ambrose Baber, Charles Cotton, J. Cowles and Robert Collins, or any three of them shall have power to call the first meeting of the said proprietors, by advertising the same three weeks successively before the time of such meeting in some newspaper printed in the city of Macon, and that at the same meeting the said proprietors may proceed to execute any or all the powers vested in them by this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835.

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AN ACT to be entitled an act to incorporate the Eatonton Manufacturing Company in the county of Putnam, and to confer certain privileges on the same. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Josiah Flournoy, James Whitfield, Joly Hudson, John G. Lumsden, Stephen B. Marshall and A. D. Gatewood be, and they are hereby constituted a body corporate, by the name and style of the Eatonton Manufacturing Company of the county of Putnam, for the purpose of erecting and carrying on a cotton and woollen factory on Little river in said county. Sec. 2. And be it enacted by the authority aforesaid , That said corporate body shall be capable and liable in law to sue and be sued, plead and be impleaded, to use a common seal, and the same to alter and change at pleasure, to buy and sell, to have and to hold property both real and personal; with power to appoint such officers, and to pass, alter and repeal, at such times as they may think proper, such by-laws and regulations for the government and interest of such corporation as they may think most conducive to the welfare of such corporation: Provided , such by-laws and regulations be not repugnant to the constitution and laws of this State, or of the United States. Sec. 3. And be it further enacted , That each and every member of said corporate body, may sell and convey their interest in the property of said corporation both real and personal, under such regulations and rules as may be adopted by said corporation; and upon the death of any of the members of the same, their interest in said corporate property shall pass to the legal heirs of said members, and that such legal heirs or purchasers shall have the same powers and

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privileges as are hereby conveyed to the above named individuals. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 19th, 1835. AN ACT to incorporate the Georgia Mining Company, the Chestatee Mining Company, and the Cherokee Mining Company. Whereas, John P. Williamson, James Floyd, A. B. Fanning, Charles P. Gordon, and Richard Dennis, are possessed of sundry lots containing gold, in the counties of Hall, Habersham and Lumpkin; and whereas, it is desirable to the parties to extend their operations in the mining business; therefore Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the said John P. Williamson, James Floyd, A. B. Fannin, Charles P. Gordon, and Richard Dennis, and such others as may hereafter be concerned with them and their successors, heirs and assigns, be, and they are hereby created a body corporate and politic, by the name and style of the Georgia Mining Company, and that as such, they may be capable of suing and being sued, may plead and be impleaded, contract and be contracted with, and may establish and use a common seal.

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Sec. 2. And be it further enacted by the authority aforesaid , That Charles J. M`Donald, Farish Carter, and Henry M. Clay, and all such persons as now are, or hereafter may become stockholders, and their successors and assigns shall be, and they are hereby created and constituted a corporation and body politic, by the name and style of the Chestatee Mining Company; the stock whereof shall be one hundred thousand dollars, with the privilege of increasing the same to two hundred thousand dollars, if a majority of the stockholders shall deem it expedient to do so. Sec. 3. And be it further enacted by the authority aforesaid , That so soon as practicable after the passage of this act, said companies may be, and are hereby authorized to establish, each, a constitution, prescribing the fundamental rules for their government and actions; which constitution shall not be altered or varied at any time thereafter, without the consent, in writing, signed by two-thirds of the stockholders, or their legal representatives respectively; and said companies may each appoint a competent number of directors for conducting its concerns, and prescribe their duty and authority, which said constitution, rules, laws and regulations established by said company, or under their authority, shall be good, valid and binding; Provided , they be not contrary to the laws of this State or of the United States. Sec. 4. And be it further enacted by the authority aforesaid , that the said directors shall open books for subscription for stock in said companies, at such time and places as they may deem advisable. The capital stock of said Georgia Mining Company shall be one hundred thousand dollars, divided into shares of one hundred dollars each. Sec. 5. And be it further enacted by the authority aforesaid , That said companies shall be capable in law respectively of purchasing, holding and conveying any estate, real and personal, necessary for their mining purposes, and no other. Sec. 6. And be it further enacted by the authority aforesaid , That the directors of said companies shall be elected annually, on the first Tuesday in December, commencing in the year one thousand eight hundred and thirtysix, each share of stock entitling its holder to one vote; elections of directors to be held at such time and place as

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may be designated by the directors for the time being, after thirty days' notice thereof being given in one or more public gazettes: to be superintended by two justices of the peace not stockholders. Sec. 7. And be it further enacted by the authority aforesaid , That William B. Wofford, Thomas J. Park, John N. Rose, Richard S. Park and Wallace H. Park, and such others as may become associates with them, and their successors, heirs and assigns be, and they are hereby incorporated under the name and style of the Cherokee Mining Company, and as such are vested with all the powers and privileges, and subject to all the liabilities common to incorporated mining companies. Sec. 8. And be it further enacted by the authority aforesaid , That the said directors shall open books for the subscription for stock in said company, at such time and places as they may deem advisable: the capital stock of said company shall be one hundred thousand dollars, divided into shares of one hundred dollars each. Sec. 9. And be it further enacted by the authority aforesaid , That the directors of said company shall be elected annually, on the first Monday in March, by the stockholders, each share having one vote: elections of directors to be superintended by one justice of the peace and one freeholder, and to be held at Dahlonega, Lumpkin county; and the directors shall elect one of their body president, and make all by-laws for their government and regulation: Provided , such by-laws be not repugnant to the laws and constitution of this State, or the United States. Sec. 10. Be it further enacted by the authority aforesaid , That said company shall be capable in law of purchasing, holding and conveying any estate, real and personal, necessary for their mining purposes, and no other. Sec. 11. Be it further enacted by the authority aforesaid , That the persons and property of the stockholders shall be held and deemed liable for all debts or contracts due or owed by said companies respectively, to the amount of the value of each share or shares that each individual or company may subscribe for or hold in said companies. Sec. 12. And be it further enacted by the authority aforesaid , That said charters shall be and remain in full

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force for the space of twenty-five years from and after the passage of said act, and no longer; and that the said incorporation shall expire at the end of twenty-five years from the passage of this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 21st, 1835. AN ACT to incorporate the Savannah Poor House and Hospital. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Joseph Cumming, S. C. Dunning, Ralph King, John Gardner, Matthew Hopkins, Francis Sorrel, R. D. Arnold, P. M. Kollock, William R. Waring, Charles S. Henry, Samuel D. Corbitt, Samuel Philbrick, and Nicholas J. Bayard, and all other persons who shall annually pay the sum of five dollars or more towards the support of the said institution shall be, and they are hereby constituted a body corporate under the name and style of the Savannah Poor House and Hospital, with all the powers, rights, privileges and liabilities incident to a corporation. Sec. 2. And be it further enacted , That for the due conduct of the said corporation there shall be elected by ballot on the first Monday in February next, and on the first day of February annually thereafter, seven managers, and that at such elections a plurality of votes shall elect; and each person who shall have contributed the sum of five

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dollars or more to the purposes of said institution shall be entitled to vote. Sec. 3. And be it further enacted , That from and after the passing of this act the auction duties payable to the State in the county of Chatham be, and the same are hereby given and appropriated to the support of the said institution; and the same shall be collected by the corporation of Savannah and paid over to the managers of the said institution: Provided , that the said appropriation may be by any future legislature withdrawn and withheld when considered proper so to do. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 26th, 1835. AN ACT to incorporate the Central and Western Wharf Company, in Augusta. Whereas, David F. Halsey, Pleasant Stovall, Jacob Moise, Samuel Clark, J. K. Kilburn, J. M. Adams, and others, have become proprietors of certain lots or parcels of ground on Savannah river, between Bay street and said river, and known as the Western and Central Wharves, and have built and are erecting thereon ranges of wharves, and have formed an association, called the Western and Central Wharf Company Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly

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met, and it is hereby enacted by the authority of the same , That the several stock or shareholders in said wharves, and their successors, shall be, and they are hereby declared to be a body corporate, by the name and style of the Central and Western Wharf Company in Augusta , and under that name and style may sue and be sued, defend and be defended, in any court of law or equity in this state, and shall moreover be entitled to all the privileges of a corporation or body politic: Provided , any rules or regulations they may make or establish, be not repugnant to the laws or constitution of this State or the United States: Provided , said company shall hold no property other than the wharves mentioned, and such as may be incidental to their business as a Wharf Company: and provided further, that the members of said corporation shall be individually liable in their persons and property for all debts and engagements of the company. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT to be entitled An Act to incorporate the Columbus Wharf Company and to regulate the mode of collecting wharfage. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, the persons now known as the Columbus Wharf Company: viz. Daniel M`Dougald, Asa Bates, Alfred Iverson, Hampton S. Smith, Stewart and Fontain, James S. Calhoun and

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Co. and S. K. Hodges and Co., be, and they are hereby declared to be a body corporate, under the name and style of the Columbus Wharf Company, and they and their successors, heirs and assigns, shall have full power to act as a body corporate, and to pass such by-laws for the government of said company as they shall deem proper, not inconsistent with the laws and constitution of this State or the United States, the ordinances of said town and the fundamental articles of agreement made and entered into by and between the persons aforesaid; and that said persons shall have power to sue and be sued, c. in their said corporate name and character in any court of law in this State. Sec. 2. And be it further enacted , That the said company shall have power to charge such wharfage upon all goods, wares or merchandize, cotton or other article, as established by the intendant and commissioners of said town of Columbus, which may be shipped from, or landed upon their wharves; and in any suit which may be instituted to recover the same, a sworn copy of the bill of lading or freight bill, attested by the regular officers of the boat or barge upon which the same may be shipped, shall be prima facie evidence in favour of the plaintiffs' demand: Provided , that nothing shall be so construed as to prevent either party from a further and more formal legal examination of such witness, if he or they shall think fit. Sec. 3. And be it further enacted , That when any person shall refuse to pay wharfage for any cotton, goods, wares or merchandize or other article shipped from or landed upon the wharves of the said company, the said company shall, upon oath being made to the correctness of the account for wharfage by the wharfinger or other officer of said company, be authorized and empowered to seize, hold and detain a quantity of the cotton, goods, wares, merchandize or other article of such person or persons so refusing to settle, as shall be sufficient to pay the amount due, and shall also have power to sell the same at auction, and appropriate the same to the purpose aforesaid: Provided , that due notice be given to the owner or owners thereof of such sale; and provided, that the person claiming the same shall have the right to replace the same by giving bond and security, as in cases of rent. Sec. 4. And be it further enacted , That in all cases the person or persons shipping cotton, goods, wares or

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merchandize or other article, from off the wharves of the said company, and the person or persons to whom the like articles shall be consigned when the same are landed upon said wharves, shall be liable for the wharfage thereon. Sec. 5. And be it further enacted , That each and every steam-boat or barge shall pay to said company the sum of fifty dollars for each time she may land at said wharf, which sum, said company shall have power to collect by attachment against such boat or barge in any court having competent jurisdiction in said State, and the said boat or barge shall be liable therefor: Provided , that said sum shall and may be discharged, by a delivery to the wharfinger or other agent of said company, of a certified copy from under the hand of the proper officer of such boat or barge, of the freight bills or manifest of such boat or barge, both of her freight up and freight down, so as to enable said company to ascertain and charge the wharfage to the person or persons liable for the same, as hereinbefore pointed out. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. INDIANS. AN ACT to amend an act entitled An Act to protect the frontier settlements of this State from the intrusion of the Indians of the Creek nation, passed the 20th of December, 1828.

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Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the first day of February next, it shall be unlawful for any Indian of the Creek nation to come within the limits of this State, excepting the city of Columbus; and that whenever such Indian shall come within the limits of this State it shall be the duty of each and every civil and military officer in this State having knowledge or being informed of the fact, to arrest such Indian and lodge him in jail; there to remain until he shall be relieved therefrom by due course of law, and on payment of all expenses incurred; and that each and every such Indians offending against the foregoing provisions of this act, shall be guilty of a misdemeanor; and on conviction thereof, according to law, shall be punished by imprisonment at hard labour in the penitentiary for any time not less than four months nor more than eight months for the first offence; and the second offence not less than one year nor longer than three years; or imprisonment in the common jail of the county at the discretion of the presiding judge: Provided , that this act shall not be so construed as to prevent any Indian or Indians of the Creek nation from coming into this State unarmed and without any offensive wepon, bona fide , to collect any debt or debts due or owing such Indian or Indians by any person or persons being or residing within this State, or to prosecute or defend any suit or suits at law or in equity in any of the courts in this State, in which such Indian or Indians shall be a party or have a valuable interest; or to give evidence against any Indian or Indians in any of the courts in this State: Provided , such Indian or Indians shall be accompanied by some white person of known good character and responsibility. Sec. 2. And be it further enacted , That any white person or persons who shall trade or deal with, or hire for work or labour the said Indians within the limits of this State, he, she or they shall be indicted for a misdemeanor, and on conviction shall be punished by a fine not exceeding one hundred dollars for the first offence, and for the second offence the sum of five hundred dollars, and imprisonment in the common jail of the county at the discretion of the court; one half of said fine to go to the informer, and the other half for county purposes. Sec. 3. And be it further enacted , That the said Indians shall be permitted to fish in the Chattahoochie river;

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and that if any of the said Indians shall be found fishing in said river it shall not be deemed a violation of this act until otherwise provided by law; and that any delegations of Indians from said nation on business with the general government bona fide , shall be permitted to pass through any of the counties aforesaid, without being subject to arrest: Provided , they can produce satisfactory evidence of their being such delegation, appointed according to the common usages of said nation. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24th, 1835. ISLANDS. AN ACT to have the Islands belonging to the State in Muscogee county disposed of. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, David Dean, of the county of Muscogee, be appointed surveyor and agent of the State to lay off and dispose of the islands belonging to the State in the county of Muscogee; that he be authorized to sell the same at Columbus, giving twenty days notice in the newspapers of that place, upon the same terms that fractions have heretofore been disposed of by the State;

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that he also be allowed the usual compensation for his services. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS. President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. JURORS. AN ACT to compensate Petit Jurors of the Superior and Inferior courts, so far as regards the county of Camden. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the several persons, citizens of Camden county, summoned to attend the sittings of the superior and inferior courts of the county aforesaid as petit jurors, and who shall attend the same during the terms of said courts, until the adjournments thereof, shall severally be entitled to receive from the county treasury one dollar per day for each and every day he may give his attendance; and that, too, whether such juror be empanelled or not; and that the fee of three dollars, now allowed by law for the trial of each and every case, in said courts, be received by the clerk, and be by him paid over to the treasurer of said county. Sec. 2. And be it further enacted by the authority aforesaid , That all fees, which by the existing laws of this

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state are to be paid to the petit jurors in said court, be received by the respective clerks, and by them paid over to the treasurer of the county aforesaid. Sec. 3. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT to alter an act entitled An Act for the better selection and drawing Grand and Petit Jurors for the several counties in this State, passed on the seventh day of December, one thousand eight hundred and five, so far as respects the counties of Floyd, Walker, Murray, Gilmer, Union, Lumpkin, Forsyth, Cass, Cherokee, Paulding and Cobb. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall be the duty of the justices of the inferior court, together with the clerk and sheriff of the said counties of Floyd, Walker, Murray, Gilmer, Union, Lumpkin, Forsyth, Cass, Cherokee, Paulding and Cobb, (or a majority of them) to convene on the first Monday in January next, or in case of failure from accident or otherwise, in meeting on that day or any subsequent day that may be agreed on by a majority of them, within sixty days thereafter, and proceed to the

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selection of grand and petit jurors, as in the said recited act pointed out. Sec. 2. And be it further enacted , That it shall be the duty of the said justices, together with the clerk and sheriff aforesaid, of the counties aforesaid, to convene annually on the first Monday of January, or within sixty days thereafter, and select grand and petit jurors, as pointed out in the first section of this act and the recited act aforesaid. Sec. 3. And be it further enacted , That so much of the said recited act as is repugnant to this act be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT to be entitled An Act to ascertain the mode of paying Petit Jurors in M`Intosh county, and so far as relates to Grand and Petit Jurors in Baker county. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the citizens of M`Intosh county qualified to vote for members to the legislature shall, at the general election on the first Monday in October next, at their respective precincts, have the right to endorse on their tickets the word pay, by those who are in favour of the petit jury of the counties being paid, and those of a contrary opinion

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shall endorse on their ticket no pay; and if the presiding justices on counting out the ballots should find a majority of votes endorsed pay, in such case they shall make a consolidated return thereof to the clerk of the inferior court of said county. Sec. 2. And be it further enacted , That the justices of the inferior court of said county shall, at the sitting of the first inferior court in each year, levy a county tax, proportionate to the demand, to pay such petit jurors as shall be actually empanelled and sworn in either the superior or inferior courts at each term, at the rate of seventy-five cents per day for each such juror; and the certificate from the clerk of said courts of the actual service of the juror shall be a sufficient authority for the county treasurer to pay the same. Sec. 3. And be it further enacted , That the treasurer shall keep the aforesaid tax law as a separate and distinct fund, to be applied to no other purpose; and it shall be his duty to lay before the said judges annually a probable estimate of the amount that will be required to be raised, and such county tax shall be raised as other taxes for the use of the State have heretofore been collected. Sec. 4. And be it further enacted , That all the provisions of the preceding sections shall apply to both grand and petit jurors of Baker county. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 23d Dec. 1835.

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JUSTICES OF PEACE AND CONSTABLES. AN ACT to extend the civil jurisdiction of justices of the peace for the city of Savannah, and to compel justices of the peace and constables of country districts in the county of Chatham to be residents of the districts for which they are elected. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the civil jurisdiction of the city of Savannah, of each of the justices of the peace for the first, second, third and fourth districts, shall extend over the whole corporate limits of said city, and each of the justices for the aforesaid districts may award judgment, and issue process of execution in all cases of debt or contract not exceeding the ordinary jurisdiction of the magistrate's limits, where the defendant resides in any part of the city of Savannah, in the same manner as if the defendant resided in the district of the justice issuing such process or execution. Sec. 2. Be it further enacted , That from and after the first Saturday in January 1837, justices of the peace and constables of the fifth, sixth, seventh and eighth districts of the county of Chatham, shall be elected and appointed from the citizens residing in their respective districts, who shall be compelled to hold their offices in their district; and on the removal of any of them into any other district than the one for which they were elected, the same shall be vacated, and a new election called to fill such vacancy. Constables shall be appointed, as is already provided for by law, for the county of Chatham, but none shall be eligible to hold said office but residents of their respective districts; and on their removal therefrom, their office is thereby declared

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vacant, and the same may be filled by the magistrate of the district, as already provided by law. Sec. 3. Be it further enacted , That all laws or parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, President. Assented to, 21st Dec. 1835. LAND. AN ACT to compensate Magistrates and Constables for services required of them, which are unprovided for by law, and have no property to seize upon for the payment of costs. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, magistrates and constables, for the county or State, shall, in addition to the fees already allowed, receive the following fees for services hereinafter mentioned, that is to say: justices of the peace taking examinations of persons charged with criminal offences and witnesses, twenty-five cents each; issuing summons to magistrates to attend on the trial of slaves or free persons of colour, twnety-five cents each; magistrates for attending said trial, provided the court consist

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of not more than three, to be charged seventy-five cents each; presiding with a jury to the offence of forcible entry and detainer under the fifteenth section of the ninth division of the penal code, seventy-five cents; for issuing summons to the party defendant, twenty-five cents; drawing'jury and making out venire, fifty cents; for issuing process under the act to amend the rent laws of this State, passed December, one thousand eight hundred and twenty-seven, one dollar; constables attending at a magistrate's office during the examination of a person charged with a criminal offence, seventy-five cents; serving summons on magistrates to attend trials of slaves or free persons of colour, twenty-five cents each; bringing up prisoner from jail for trial or examination, fifty cents; attending on the superior or inferior court while in session, for each day's attendance, not exceeding four constables on one day, one dollar each; summoning jury under the fifteenth section of the ninth division of the penal code, one dollar. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. AN ACT to be entitled An Act to sell, with the consent of the informer, all lots of land drawn in the Land Lottery in the Cherokee territory returned and condemned as fraudulently drawn. Whereas, it has been found impracticable to make an

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equal division between the State and informer of lots of land returned and condemned as fraudulently drawn in the late Land Lottery, by the ordinary mode of partition and division as prescribed by the act in that case made and provided: Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, where any lot or lots of land drawn in the land districts of the Cherokee territory in the late land lottery have been or shall hereafter be condemned as fraudulently drawn, it shall be the duty of the judge of the superior court of the county wherein the said lot or lots shall have been or may be condemned, to order the sheriff of the county to sell the same at public outcry to the highest bidder: Provided , the informer will give his consent, which shall be in writing, under his hand and seal, attested by two witnesses, as in cases of deeds to real estate, and filed in office at or before the granting of said order. Sec. 2. And be it further enacted by the authority aforesaid , That it shall be the duty of the sheriff to proceed in obedience to said order, to advertise and sell said lot or lots as in cases under execution, and to pay over to the informer the one half of the net proceeds of the sale of the lot or lots after paying expenses of sale, and the other half to be paid to the treasurer of the State, to be attached to the Poor School Fund of this State. Sec. 3. And be it further enacted by the authority aforesaid , That the sheriff shall execute to the purchaser a deed in due form for said lot or lots, which shall vest in him the absolute and entire legal interest in and to said lot or lots sold as aforesaid. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835.

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LIEN. AN ACT to alter and amend the second and fourth sections of an act entitled An Act to give to masons and carpenters an incumbrance for debts due on account of work done and materials furnished in building or repairing houses, on such houses and the premises to which they may be attached, and to repeal all laws on this subject, so far as relates to the counties of Richmond and M`Intosh, and in the cities of Savannah, Macon and Columbus. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the second section of the above recited act shall not extend to or affect any claim or lien which does not exceed thirty dollars, and that it shall not be necessary for any mechanic having a claim of a sum not exceeding thirty dollars to record the same to preserve his lien. Sec. 2. And be it further enacted , That the requisition in the fourth section of the said act on mechanics to sue their claims within twelve months after the same shall have accrued, shall no longer obtain or be of force. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835.

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MEDICAL COLLEGE. AN ACT to be entitled An Act to provide a fund for the use and benefit of the Medical College of Georgia. Whereas, by the third section of an act, passed on the twenty-second day of December, one thousand eight hundred and twenty-six, in relation to the increase of the capital stock of the Bank of Augusta, it was enacted that upon every such increase being agreed upon, by a decision of the stockholders, one-sixth part of such increased stock shall be reserved for the State, at par, until the end of the session of the legislature next after the capital shall be so increased, c.; and whereas, the stockholders of said bank have determined to increase the stock of said bank, and in conformity with the foregoing section, one-sixth part of said increased stock now remains subject to the control of of the State, c.; therefore, Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the trustees of the Medical College of Georgia are hereby authorized and empowered to have, use and enjoy for the benefit of said college, all the rights, privileges and advantages which the State of Georgia has in relation to subscribing or disposing of said reserved shares, in as full and ample a manner as the State has in relation to the same; and the advantages resulting from the disposition of the same be appropriated for the use and benefit of said college, in such manner as the trustees of said college may order and direct. Sec. 2. And be it further enacted by the authority

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aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 23d Dec. 1835. MILITIA. AN ACT to authorize the Justices of the Inferior Courts of Floyd and Cass counties to alter and regulate the bounds of the militia districts in said counties, and to add Gwinnett county to the second brigade, eleventh division of Georgia militia. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the justices of the inferior courts of the county of Floyd, or a majority of them, be, and they are hereby vested with full powers to alter and regulate the bounds of the militia districts in said county, in the same manner and to the same extent as heretofore exercised by the militia officers of said countyany law to the contrary notwithstanding.

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And that the county of Gwinnett be added to the second brigade, eleventh division of Georgia militia. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT to amend the Militia Laws of the State of Georgia, so far as relates to the first regiment of Georgia Militia, and to regulate the duties and qualifications of the field, staff, commissioned, and non-commissioned officers of the same, their exemptions, and the duties of the superintendant of the arsenal in the city of Savannah, and salary for extra duties imposed by this act, and the parades of the beat companies of said regiment. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, there shall be four annual parades of the beat companies of the first regiment, to take place as follows, viz. the first beat company shall parade on the first Mondays in every December, February, April and June, annually. The second beat company shall parade on the Tuesdays following, in each of said months. The third beat company shall parade on the Wednesdays following in each of said months. And the fourth beat company shall parade on the Thursdays following in each of said months. The said parades shall commence at ten o'clock in the forenoon, and shall continue from ten o'clock to one o'clock on each of said days, and until the companies shall be dismissed, upon delivery of

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arms, as prescribed in the third section of this act. They shall be superintended by a field officer of the first regiment, the field officers to serve in turn, according to the commanding field officer's muster, and the superintending officer shall be empowered to drill the companies, if in his judgment necessary for instruction. The same orders shall be issued by the commanding officers of companies, the same summonses sued, and the same penalties incurred, as in other cases of default, after regimental orders. Sec. 2. Be it further enacted , That regimental courts of inquiry shall be held at such places, within the first regiment, as the commanding field officer shall designate in orders, in each December, February, April and June, in each year, to try defaulters at the foregoing parades; to which courts of inquiry returns of defaulters shall be made by the commanding officers of beat companies, as returns are now made by law to other regimental courts of inquiry. The same mode of collection of fines shall be observed as is now provided by the militia laws for regimental fines. The commanding field officer shall designate, in orders, some staff officer to attend the foregoing parades, to note defaulting officers, and make return of them to the regimental courts of inquiry. The penalties collected shall be paid into the regimental fund, out of which shall be defrayed all the expenses of music, c., now authorized by law for the beat company parades; the account to be presented by the commanding officers of beat companies to the regimental courts, and audited by them. Sec. 3. Be it further enacted , That it shall be the duty of the superintendant of the State arsenal at Savannah, to deliver to the respective beat companies, on the morning of each parade, at the arsenal, to which the beat companies shall be marched for the purpose, a sufficient number of muskets, with necessary equipments, to arm all the men on parade; and the commanding officers of beat companies are hereby authorised to apply at the arsenal, to the superintendant, for arms and equipments for their parades. The arms and equipments shall be returned at the arsenal to the superintendant, whose duty it shall be to receive the same, immediately on the termination of each parade, the companies to be marched to the arsenal for that purpose, and not to be dismissed until the arms and equipments are delivered. In consideration of the additional labours of the superintendant, in the delivery and receipt of the arms, and in keeping them in order, he shall receive the sum of one hundred dollars

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annually, to be paid out of the regimental fund, and to be a charge upon said fund, in preference of all other demands. The provisions of this section shall apply also to all regimental and battalion parades in the first regiment. Sec. 4. And be it further enacted by the authority aforesaid , That as an inducement to competent persons to take commissions in the said beat companies, the commissioned officers of beat companies shall be, and they are hereby declared to be exempt, during the time they shall hold their commissions and shall faithfully perform their duty, from all manner of jury duty within the county of Chatham and city of Savannah: Provided , nevertheless, that no officer as aforesaid shall continue entitle to such exemption unless he shall obtain, within the month of January in each and every year, a certificate of his faithful conduct as such from the commanding officer of the regiment, and have such certificate duly recorded, within the same month in each and every year, in the office of the clerk of the superior court of Chatham county, for recording of which certificate the said clerk shall be entitled to receive from such officer of beat company the sum of fifty cents. Any officer aforesaid who shall serve for and during the term of five years, and shall regularly obtain and register his certificate as aforesaid, shall thereafter be exempt from all ordinary militia duty in the first regiment. Sec. 5. And be it further enacted by the authority aforesaid , That non-commissioned officers in beat companies who shall faithfully perform their duty as such for one year, and shall obtain a certificate to that effect from the commanding officer of the regiment, shall be thereafter exempt from ordinary militia duty within the first regiment for one year. No non-commissioned officer removing from one beat into another shall thereby be exonerated from his duty as such in the beat in which he may have been drawn; nor shall he be relieved by joining a volunteer company: Provided , nevertheless, that the commanding officers of beat companies may accept substitutes for non-commissioned officers, who shall be entitled on the same terms to the same exemptions, and liable to the same penalties. Sec. 6. And be it further enacted by the authority aforesaid , That to prevent as far as may be the commissions granted by the State from being used for the purpose of exemption in other States from military duty, no person

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shall be qualified to hold a commission in the first regiment, either as a field officer or an officer of beat company, unless he shall have been a citizen of the United States, resident within the first regiment, at least two years before his election or appointment. Sec. 7. And be it further enacted by the authority aforesaid , That for the trial of any commissioned company or staff officer, within the first regiment, the number of members of a court martial shall not exceed ten, nor be less than seven, to be designated by the brigadier-general of the first brigade, as prescribed by law, from among the officers of the first regiment. The pay of each member of the court shall be two dollars per day, to be certified and paid as in other cases of courts martial, under the general militia law of the State. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. MILL-DAM. AN ACT to authorize Henry Crowell to build a mill-dam across the Thlonotiaske or Flint river. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the

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same , That from and after the passage of this act, Henry Crowell shall be authorized to erect a mill-dam across the Thlonotiaske or Flint river, on his own land, in the county of Crawford: Provided , the said dam shall not obstruct the free passage of fish and navigation. Sec. 2. Be it further enacted by the authority aforesaid , That in order to prevent obstructions to the free passage of fish and navigation, the said Crowell shall be compelled to keep open in said dam a sluice in the main channel at low water, of not less than thirty feet; and that the inferior court of Crawford county, and their successors in office, shall be commissioners to carry this provision into effect, and to adjudge whether said mill-dam obstructs the free passage of fish and navigation. On complaint of any person that the aforesaid dam obstructs the passage of fish or navigation, it shall be the duty of the commissioners to examine and determine the same, and on their determining that the obstruction exists contrary to this act, they shall give the said Crowell notice, and in case of refusal to remove such obstruction after a reasonable time, he shall be liable to pay to any person so complaining not less than twenty dollars per day until such obstruction shall be removed, to be recovered in any court of law in this State having competent jurisdiction thereof. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT to amend the act to authorize David Terrell, Jun. to erect a mill-dam across Flint river, in the county of Crawford, upon certain conditions, assented to the 20th of Decmber, 1828. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Lucas Price, Nathaniel Bradford, Reece Cureton and Brittain Pope be, and they are hereby appointed commissioners to carry into full effect the acts passed and assented to on the 20th day of December, 1828, to authorize David Terrell, Jun. to erect a mill-dam across Flint river, in the county of Crawford, upon certain conditions. Sec. 2. Be it further enacted , That all laws militating against the foregoing appointment of commissioners be repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 21st, 1835.

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NAMES CHANGED. AN ACT to be entitled An Act to change the name of Frederick Clark to that of Frederick Bunker Folger. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the said Frederick Clark shall be known in law by the name of Frederick Bunker Folger, any law, usage or custom to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 19th Dec. 1835.

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AN ACT to be entitled An Act to alter and amend an act to change the names of certain persons therein mentioned, and to legitimatize those persons whose names are so changed. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, so much of the above recited act, to change the names of certain persons therein mentioned, and to legitimatize those persons whose names are so changed, as entitles Ira Reddick Greer to inherit all property which he would have been entitled to, had he been born in lawful wedlock, so far as regards the estate of his respective reputed father, be, and the same is hereby repealed. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. Sec. 3. And be it further enacted , That the name of Caroline Amanda Graham be, and the same is hereby changed to that of Caroline Amanda Tutle, and she is hereby made and declared to be a lawful heir of James Tutle of Scriven county, and entitled to all the rights and privileges to which she would have been entitled had she been the lawful child of said Tutle. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835.

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AN ACT to change the names of certain persons therein named, and to legitimatize the same. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the names of James Davis, Lucinda Davis, Gabriel Davis and Catharine Davis be changed to that of James Coley, Lucinda Coley, Gabriel Coley and Catharine Coley, and as such they shall be called and known in law; and the said James, Lucinda, Gabriel and Catharine are hereby declared to be fully and completely legitimatized and entitled to all the rights and legal privileges that they would have been had they been born in lawful wedlock, and be fully capable of taking, inheriting and receiving all manner of property, by virtue of the statute of distributions of this State, so far as relates to the real and personal estate of Dolenson Coley of the county of Twiggs, their reputed father. Sec. 2. And be it further enacted by the authority aforesaid , That the name of Nancy Ryals be changed to that of Nancy Kesterson, and as such shall be known and called in law; and the said Nancy Kesterson is hereby declared to be fully and completely legitimatized and entitled to all the benefits, rights and privileges that she would have been had she been born in lawful wedlock, and be fully capable of inheriting and receiving all manner of property, by virtue of the statute of distributions of this State, so far as the same relates to the real and personal estate of Thomas J. Kesterson of Dooly county, her reputed father: Provided , the same shall only be construed to place the said Nancy on an equal footing, and not to the exclusion of the other heirs of the said Thomas J. Kesterson. Sec. 3. And be it further enacted by the authority aforesaid , That the name of Nancy Leon be changed to that of Nancy Yearby, and made the lawful heir of George Yearby of Thomas county; and is hereby declared to be joint and equal

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heir with the other legal heirs of the said George Yearby, and entitled to all the rights and privileges to which she would have been entitled had she been born in lawful wedlock. Sec. 4. And be it further enacted by the authority aforesaid , That the name of Emeline Cash be changed to that of Emeline Adkins, and shall be known in law as such, any law, usage or custom to the contrary notwithstanding. Sec. 5. And be it further enacted by the authority aforesaid , That the name of William Sullivan be changed to that of William Phillips, and be the adopted heir of Anthony Phillips, of Montgomery county; and that he be capable in law to inherit and take by descent from the said Anthony Phillips. Sec. 6. And be it further enacted by the authority aforesaid , That the name of John Wilson be changed to that of John Davis, and be the adopted heir of John Davis of Montgomery county; and that he be capable in law to inherit and take by descent from the said John Davis. Sec. 7. And be it further enacted by the authority aforesaid , That the names of Shadrach Chastain, Henry Chastain, Martha Ann Chastain, Sarah Ann Chastain, Elizabeth Chastain and Susan Chastain be changed to that of Shadrach Adkinson, Henry Adkinson, Martha Ann Adkinson, Sarah Ann Adkinson, Elizabeth Adkinson and Susan Adkinson, and be made the lawful heirs of Hiram Adkinson of Decatur county, and they be capable in law to inherit and take by descent from the said Hiram Adkinson, their reputed father, and entitled to all the privileges to which they would have been entitled had they been born in lawful wedlock. Sec. 8. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835.

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AN ACT to change and legitimatize the names of sundry persons hereinafter mentioned. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the name of Julia Ann Turnage, be changed to that of Julia Ann Chain; the name of Eliza Smith, to that of Eliza Higdon; the name of Catherine Slack, to that of Catherine Graves; the name of John Wright Bryant, to that of John Bryant Wright; the name of Albert Peterson Hill, to that of Albert Peterson Heath; the name of Frances Elizabeth Johnston, of that of Frances Elizabeth Scott; the name of Antoinette Stewart, to that of Antoinette Holden; the names of Josiah and Susan Ann Wilson, to that of Josiah and Susan Ann Martin; that Elizabeth, Sarah, Thomas W. and Erasmus Dawson, be changed to Elizabeth, Sarah, Thomas W. and Erasmus Gay; and that they be, and are hereby declared to be fully and completely legitimatized, and that they be, and are hereby entitled to all the rights and privileges that they would have been had they been born in lawful wedlock; and be fully capable of taking, and inheriting and receiving all manner of property, by virtue of the statute of distributions now in force, or which may hereafter be in force in this State, so far as respects the estates of their reputed fathers. Sec. 2. And be it further enacted , That the names of Hugh M`Call, Martha Ann M`Call, Harriet M`Call, and Cornelia Van Landingham, be fully and completely legitimatized; and that the said Hugh M`Call, Martha Ann M`Call, Harriet M`Call and Cornelia Van Landingham, be fully entitled to all the rights and privileges that they would have been had they been born in lawful wedlock, and capable of inheriting and receiving all manner of property by virtue of the statute of distributions of this State, so far as relates to the estates of their reputed fathers. Sec. 3. And be it further enacted , That the name of Jesse Ward be legitimatized and changed to that Jesse

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Jones, and be entitled to all the benefits and privileges in law, as though he was born in lawful wedlock. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. OATH. AN ACT to alter and amend the oath to be administered to voters at elections in this State. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the oath required by law to be administered to voters at elections for members of the legislature, and other civil officers of this State, shall be asfollows. I,, dosolemnly swear or affirm (as the case may be) that I have attained to the age of twenty-one years; have paid all legal taxes which have been required of me, and which I have had an opportunity of paying according to law; that I am a citizen of the United States, and have usually resided in this county for the last six months, and have considered it my home or place of residence during that period, so help me God. Sec. 2. And be it further enacted , That where any person applies to vote for governor, members of congress,

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or electors of president and vice president of the United States, out of the county where he resides, and the presiding magistrates shall have doubts as to his right to vote, they shall administer to him the following oath. I,, do solemnly swear or affirm (as the case may be) that I have attained to the age of twenty-one years; am a citizen of the United States, and have usually resided in this State for the last six months, and have considered it my home or place of residence during that period; and have paid all legal taxes which have been required of me and which I have had an opportunity to pay agreeably to law, so help me God. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. OGLETHORPE UNIVERSITY. AN ACT to be entitled An Act to incorporate Oglethorpe University at Midway. Whereas, the cultivation of piety and the diffusion of useful knowledge greatly tend to preserve the liberty and to advance the prosperity of a free people; and whereas, these important objects are best attained by training the minds of the rising generation in the study of useful science, and imbuing their hearts with the sentiments of religion and virtue; and whereas, it is the duty of an enlightened and patriotic legislature to authorize, protect and foster institutions

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established for the promotion of these important objects Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, Thomas Goulding, S. S. Davis, S. J. Cassels, S. K. Talmadge, J. C. Patterson, H. S. Pratt, Robert Quarterman, Charles W. Howard, C. C. Jones, Joseph H. Lumpkin, Washington Poe, Eugenius A. Nesbit, William W. Holt, B. E. Hand, Richard K. Hines, Samuel Rockwell, John A. Cuthbert, Tomlinson Fort, J. Billups, Charles C. Mills, Charles P. Gordon, John H. Howard, Thomas B. King and Adam L. Alexander, and their successors in office, shall be, and they are hereby declared to be a body politic and corporate, by the name and style of the Trustees of the Oglethorpe University; and as such shall be capable and liable in law to sue and be sued, to plead and be impleaded; and shall be authorized to use a common seal, and to make by-laws and regulations for the government of said university, and of the Manual Labour Institute attached thereto: Provided , such by-laws and regulations be not repugnant to the constitution or laws of this State, or of the United States. Sec. 2. And be it further enacted , That the said board of trustees shall be authorized to appoint such officers as they may think proper for their own body, and for the instruction, government and management of said university, of the Manual Labour Institute attached thereto, and to remove the same from office: Provided , that Hopewell Presbytery, or any other assembly or body to which Hopewell Presbytery may transfer its authority over said institutions, shall have the power of confirming or annulling such appointments. Sec. 3. And be it further enacted , That the said board of trustees shall have authority to confer literary degrees. Sec. 4. And be it further enacted , That the said board of trustees shall be capable of holding all manner of property, both real and personal; and shall be invested with all the rights, privileges and immunities, which now belong or appertain, or shall hereafter be granted or conveyed to said institution, or to either of them, to have and to hold the same, for the proper use and benefit of said institutions.

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Sec. 5. And be it further enacted , That it shall not be lawful for any person to establish, keep or maintain any store or shop of any description, for vending any species of merchandise, groceries or confectionaries, of any kind whatever, within the following limits, viz. on the south side of Fishing creek, in a direction between the sites of the edifices of the said University and Manual Labour Institute, and Milledgeville, nor within a mile and a half of the sites of either of said edifices, in any other direction. Any person violating the prohibitions contained in this section, shall be liable to be indicted as for a misdemeanor; and on conviction, shall be fined in a sum not less than five hundred dollars, nor more than one thousand dollars; the said fine to be appropriated to the benefit of said university. Sec. 6. And be it further enacted , That the term of office of the members of the said board of trustees, shall be determined and regulated, and all vacancies in any manner occurring therein, shall be filled by Hopewell Presbytery, or by such body or assembly as may receive from Hopewell Presbytery its authority over said institutions, in such manner as the body so authorized shall think proper. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835.

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PARDON. AN ACT to pardon John B. Childers, of the county of Hancock. Whereas, at a superior court, held in and for the county of Greene, at September term 1835, John B. Childers was convicted of the crime of murder; and whereas, petitions from a large number of citizens of the counties of Greene and Hancock have been presented to the General Assembly, asking the exercise of legislative clemency Be it therefore enacted by the Senate and House of Representatives of the Slate of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passing of this act, the said John B. Childers be, and he is hereby declared to be freely, fully, and entirely pardoned, exonerated and discharged from the pains and penalties of his said conviction and sentence, as fully, freely and entirely, as if such conviction and sentence had never taken place, or the offence been committed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 12th Nov. 1835.

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PATROLS. AN ACT to be entitled An Act amendatory of the Act passed the twentieth day of December, 1830, which vests the appointment of Patrols in the Justices of the Peace, so as to allow them compensation for certain services, and for other purposes, so far as relates to the county of Lumpkin; and to repeal said act of 1830, so far as relates to the county of M `Intosh. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That for the services required by the act of 1830, to be performed by the justices of the peace, the justices of the peace of the county of Lumpkin shall receive the fees following, viz. For issuing every patrol commission, the sum of thirty-one and one fourth cents: for the trial of each defaulter, thirty-one and a quarter cents, to be paid out of the county funds of said county. Sec. 2. And be it further enacted , That all moneys collected from defaulters under the patrol laws shall be paid annually into the county treasury, for county purposes. Sec. 3. And be it further enacted , That for a failure of any justice of the peace to discharge the duties assigned him in the above act, he shall be dealt with in the same manner as for neglect to discharge the other duties of his office. Sec. 4. And be it further enacted , That no justice of the peace shall be entitled to any compensation for his services until he shall have first made oath to the account he renders.

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Sec. 5. And be it further enacted , That each captain of patrol in said county is hereby allowed to patrol in any district in said county whenever it shall appear necessary; and it shall be obligatory upon each individual designated to do patrol duty whenever so required, to obey the command of the captain of patrol, under pain of being returned as a defaulter. Sec. 6. And be it further enacted , That the captain of patrol shall, in every instance, return in writing and under oath, to the magistrate issuing the patrol commission, every individual who has failed to perform the patrol duty required of him: Provided , that he shall in no case be bound to return as a defaulter any person who has furnished a good and competent substitute. Sec. 7. And be it further enacted , That the act of 1830, vesting the appointment of patrols in the justices of the peace, so far as relates to the county of M`Intosh, be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. PENITENTIARY. AN ACT to be entitled An Act to alter and amend the forty-seventh and fifty-first rules established for the government of the Penitentiary.

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Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act the following shall be taken in lieu of the said rules. In lieu of the forty-seventh rule the following, viz. Those prisoners that conduct themselves so as to merit favour, shall be permitted to work for themselves during the time allotted to their meals and rest, provided the principal keeper and inspectors deem the same expedient, on such articles as the principal keeper shall deem it expedient; but they shall not be permitted to perform any work in their cells that will occasion the smallest noise. The principal keeper may furnish them with materials from the stock belonging to the penitentiary, to be paid for out of the price of the articles wrought by them. And the assistant keepers shall take an account of all articles wrought by them for their own benefit. These articles shall be sold only by the principal keeper, or by a guard designated by him for that purpose; no prisoner shall receive the money thus earned by him, but it shall remain in the hands of the principal keeper or guard aforesaid. Purchases for prisoners shall be made only by the principal keeper or by a guard designated by him for that purpose, and of such articles only as he may approve. In lieu of the fifty-first rule the following: The salary of the assistant keepers shall be eight hundred dollars each, per annum. The salary of the book-keeper shall be six hundred dollars per annum. The salary of the physician shall be three hundred dollars per annum. The salaries of the inspectors shall be two hundred and twenty-four dollars each, per annum, all of which salaries shall be paid quarterly: Provided , nothing in this act shall affect the salary of the principal keeper as prescribed by law. The salary of the collecting clerk shall be at the rate of four hundred dollars per annum. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 23d Dec. 1835.

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PILOTAGE. AN ACT to be entitled An Act amendatory of the several acts regulating the Pilotage of Vessels to and from the ports of this State. Whereas Captains of vessels after getting to sea are in the habit of refusing to pay the pilots agreeably to established rates, in which case said pilots have no remedy; and whereas pilots are sometimes carried away from the port to which they belong by masters of vessels against their consent Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That whenever any pilot shall be entitled to compensation agreeably to the rules and rates established by law, it shall and may be lawful for such pilot to demand, receive and recover, in any court having jurisdiction, from the owner, master or consignee of the vessel, the amount of his compensation or pilotage. Sec. 2. And be it further enacted , That in case any pilot be carried off to any port, either foreign or on the coast, against his consent, by any vessel which may have been piloted out by him, that the owner, master or consignee of such vessel shall be liable to such pilot in an action on the case for the payment of the reasonable expenses and for the sum of one dollar per day, during the necessary absence of said pilot: Provided , nevertheless, that the carrying away of such pilot shall not be owing to any default, misconduct or negligence on his part. Sec. 3. And be it further enacted , That all laws and

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parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. POOR SCHOOLS. AN ACT to be entitled An Act to Consolidate the Interest arising from the Academic Fund of Bulloch county to the Poor School Fund of said county, and to appoint a Board of Commissioners to direct and take charge of the Poor School Fund, and to draw and receive any money belonging to or appropriated for the education of the poor of said county, and to authorize the Commissioners of the Bulloch county Academy to loan the Academic Fund at lawful interest. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That after the passage of this act, the money on interest, arising from the Academic Fund of the county of Bulloch, be added to and consolidated with the Poor School Fund of said county, and appropriated, at the discretion of the commissioners hereinafter appointed, to the purposes of education.

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Sec. 2. And be it further enacted by the authority aforesaid , That Benjamin Lanien, Sen., Shepperd Williams, Jun., Richard A. Lane, John M. Martin, and David Williams be, and they, or a majority of them, and their successors in office are hereby authorised and empowered to draw, receive, and appropriate the Poor School Fund of said county, and to designate and determine the persons entitled to a participation, or to be educated by the aid of said fund. Sec. 3. And be it further enacted by the authority aforesaid , That the commissioners of the Bulloch county Academy are hereby authorised and empowered to loan out the Academic Fund of said county at lawful interest, and to sue and collect the same; and it shall be the duty of the said Academy Commissioners to take separate notes for interest, and collect the same, and pay the said interest over to the trustee of the Poor School Fund of said county, or to the Commissioners of the Poor School Fund. Sec. 4. And be it further enacted by the authority aforesaid , That all vacancies in the Board of Commissioners shall be filled by the inferior court, or a majority of the justices, at any time after such vacancy shall occur. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, President. Assented to, 21st Dec. 1835.

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AN ACT to amend an act, passed the 20th of December, 1834, on the subject of the Poor School Fund, so far as relates to the arrears to be paid out of the Poor School Fund. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall be lawful for the trustees of the poor school fund of the several counties of this State to pay the teachers of the poor children their respective accounts against said fund annually; and the several teachers shall, during the month of December in each year, render in their accounts to the several trustees of the different counties; and at the expiration of said year, and within ten days thereafter, the said trustees shall proceed to pay the same according to the priority of said account or accounts. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835.

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AN ACT to be entitled An Act to alter and amend an act to lay out the county of Coweta into five School Districts, and to authorize the trustee of the Poor School Fund to apportion the Poor School Fund to each district, in proportion to the number of children that come under the provision of the law made and providing for the education of the poor children, passed the twenty-fourth of December, one thousand eight hundred and thirty-three; also to authorize the trustees of the Poor School Fund, in Coweta county, to pay certain accounts due and not settled by the former trustee. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That it shall be the duty of each of the teachers in the county of Coweta, who may have accounts due and subject to be paid out of the poor school fund of said county, to make out their accounts, legally proven, and deposit them with the trustee of the poor school of said county, on or before the first Monday in March, in each and every year, and said account or accounts shall be subject to be paid by said trustee, or its proportion agreeably to its amount, out of the poor school fund, within ten days thereafter. Sec. 2. And be it further enacted by the authority aforesaid , That the trustee of the poor school fund of the county of Coweta, be authorized to settle the accounts that are now due teachers is said county for their tuition, in the same manner as is now pointed out by law. Sec. 3. And be it further enacted by the authority

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aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. AN ACT to repeal an act to prevent any teacher of the poor children in the counties of Lowndes, Sumter, Irwin and Butts, from receiving payment out the Poor School Fund, unless such teacher shall have been examined and found qualified by the justices of the inferior courts or a majority of them of said counties respectively. 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 above recited act, passed on the 24th day of December, 1832, so far as it regards the county of Lowndes be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT to be entitled An Act to add a part of the Academic to the Poor School Fund of Hall county. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That on the 1st day of March, 1836, the trustees of the Hall County Academy, or their treasurer, shall pay over to the trustee of the Poor School Fund of said county, the sum of five hundred and fifty dollars, which sum shall be applied to the payment of claims which have been approved of by the trustee of the Poor School Fund previous to the passage of this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT to be entitled An Act to authorize the justices of the Inferior Court of the county of Montgomery to examine all Teachers before drawing any money out of the Poor School Fund of said county. Sec. 1. Be it enacted by the Senate and House of Representatives

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of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, no school teacher shall be entitled to draw any money out of the poor school fund of the county of Montgomery, until such teacher shall have been duly examined by a majority of the justices of the inferior court of said county, and found qualified to discharge the duties as a teacher. Sec. 2. And be it further enacted , That all laws and parts-of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT to be entitled An Act to alter and amend the law regulating Poor Schools, so far as relates to Tattnall county. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, so much of the law regulating poor schools, passed the twentieth of December, one thousand eight hundred and thirty-four, as requires the trustees of the poor school fund for the different counties of this State to pay the teachers of the poor children their respective accounts against said fund annually

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be, and the same is hereby repealed, so far as relates to the county of Tattnall. Sec. 2. And be it further enacted , That said trustees in and for the county of Tattnall, are hereby authorized and required to pay said accounts against the poor school fund at any time during the year when they shall be presented, in accordance to the provisions of the laws for such cases made and provided, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 21st, 1835. AN ACT to be entitled An Act to prevent any teacher of the poor children in the county of Union from receiving payment out of the Poor School Fund of said county, less such teacher shall have been examined and found qualified by the justices of the inferior court, or a majority of them. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That no teacher of the poor children in the county of Union shall in future receive any moneys out of the poor school fund of said county, unless such teacher shall have been examined and found qualified by the justices of the inferior court of said county, or a majority of them.

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Sec. 2. And be it further enacted by the authority aforesaid , That on application of any person to said justices, or a majority of them, the said justices shall examine said person, and if found qualified, shall give such person a certificate from under their hand. Sec. 3. And be it further enacted by the authority aforesaid , That the treasurer of the poor school fund of said county of Union shall not pay any person out of said fund, unless such person produce to the treasurer the certificate above described, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. AN ACT to be entitled An Act to amend the second section of an act, passed the twenty-second of December, one thousand eight hundred and thirty-four, to prevent any teacher of the poor children in the counties of Telfair and Franklin from receiving payment out of the Poor School Fund of said counties, unless such teacher shall have been examined and found qualified by the justices of the inferior court, or a majority of them. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the said second section of the before recited act be, and the same is so amended as to authorize the inferior courts of the counties of Telfair and Franklin to appoint

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five competent persons in their respective counties to examine teachers of the poor children (a majority of whom shall be competent to act) in relation to their qualifications as teachers, or perform that duty themselves, as they may deem most expedient, and in either case give to such applicants found qualified a certificate of the fact; which, when presented to the treasurer of the poor school fund, shall entitle him to his proportion of said fund. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 22d, 1835. AN ACT to be entitled An Act to add the Academic to the Poor School Fund of the county of Union, and to repeal the act incorporating the Blairsville Academy in the county of Union. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, the academic fund of the county of Union, shall be added to and become a part of the poor school fund of said county, and that the same shall be paid to the trustee of the poor school fund of said county, under such rules, regulations and restrictions as are prescribed by the laws of this State. Sec. 2. And be it further enacted , That the act entitled An Act to incorporate the Blairsville Academy, in the

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county of Union, and to appoint trustees for the same, be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. AN ACT entitled An Act to consolidate the Poor School and Academical Fund of the County of Wilkinson. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the fund belonging to Wilkinson county, known as the Academical Fund, shall be vested in and constitute a part of the Poor School Fund of said county, and that the trustee of the Poor School Fund for said county is hereby authorised and empowered to draw the same, in the same manner in which the Poor School Fund for said county is drawn; and that his excellency the Governor is hereby authorised to draw his warrant in favour of the said trustee for the amount of the said fund, instead of any person heretofore authorised to draw the Academic Fund of said county. Sec. 2. And be it further enacted by the authority aforesaid , That it shall be the duty of the trustee aforesaid to distribute the said fund in the same manner as is now pointed out by law for the distribution of the Poor School Fund;

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and the said Academical Fund and Poor School Fund be consolidated, and constitute the Poor School Fund of said county. Sec. 3. And be it further enacted by the authority aforesaid , That all the unexpended funds belonging to the Wilkinson county Academy, shall, immediately after the passage of this act, be paid over by the trustees of aforesaid academy to the trustee of the Poor School Fund of said county, to be distributed as the Poor School Fund of the same. Sec. 4. And be it further enacted by the authority aforesaid , that all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. RAILROADS. AN ACT to amend an act entitled An Act to incorporate the Georgia Railroad Company, with power to construct a rail or turnpike road from the city of Augusta, with branches extending to the towns of Eatonton, Madison in Morgan county, and Athens, to be carried beyond those places at the discretion of said company, to punish those who may wilfully injure the same, to confer all corporate powers necessary to effect said object, and to repeal

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an act entitled An Act to authorize the formation of a company for constructing a railroad or turnpike from the city of Augusta to Eatonton, and thence westward to the Chattahoochie river with branches thereto, and to punish those who may injure the same, passed the twentyfirst day of December, one thousand eight hundred and thirty-threeto alter and change the name of said company, and to give to the said company banking powers and privileges. Whereas, the people of the west have in contemplation to make a communication between the city of Cincinnati and the southern Atlantic coast, by means of a railroad, and whereas the best route for said communication is believed to be through the State of Georgia, and whereas the building of the Georgia Railroad is now in progress and will be an important link in the line of said communication, Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the stockholders of the Georgia Railroad Company, and such other persons as shall take stock under this act, and their successors and assigns shall hereafter be a body corporate, by the name and style of the Georgia Railroad and Banking Company; and by the said corporate name shall be, and are hereby made able and capable in law to have, purchase, receive, possess, enjoy and retain to them and their successors, lands, rents, tenements, hereditaments, goods, chattels and effects of whatsoever kind, nature or quality the same may be, sufficient for the construction of banking-houses and the erection of the railroad only, and the same to sell, grant, demise, alien or dispose of, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in courts of record, and also to make and have a common seal, and the same to break, alter or renew at their pleasure, and also by and through the board of directors to ordain, establish, and put in execution such by-laws, rules and regulations as shall be necessary and convenient for the governing of the said corporation, as to them may or shall appertain; Provided , that such by-laws, rules and regulations shall not be contrary to the laws and constitution of this State or of the United States, nor to the rules, regulations and limitations herein prescribed. Sec. 2. And be it further enacted , That the stock of said

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company shall consist of two millions of dollars, one-fourth of which, applied to banking purposes, shall be gold or silver coin in shares of one hundred dollars each, of which capital, one half may be used for banking purposes, and not more until the completion of the road to Athens and one of the southern branches through Greenesborough to be designated by a vote of the stockholders, at which time, any capital stock unemployed may be used for banking purposes; Provided , however, that the continuation of said road beyond Athens, so as to connect with the Cincinnati road, shall be steadily prosecuted, so soon as the company shall have satisfactory evidence that the said connection can be formed. Sec. 3. And be it further enacted , That the directors of the Georgia Railroad Company, for the time being, shall have power, at their discretion, to open books of subscription at such times and places as they may think proper, giving such notice in one or more of the public gazettes of this State, as they may deem necessary for additional subscriptions to the capital stock of the said Georgia Railroad and Banking Company, on which subscriptions there shall be required to be paid at the time of subscribing, the amount per share that may be prescribed by the directors aforesaid; and that the president and directors of the Georgia Railroad Company for the time being, shall be the president and directors of the new corporation, until the time fixed for the annual election next thereafter. Sec. 4. And be it further enacted , That the board of directors of said corporation shall have power, at its discretion, to establish agencies for carrying on said work, and have branches of its banking powers not exceeding three, and at such times as to them may seem expedient: Provided , that no branch for banking purposes shall be established or located in any incorporated town, without the consent of the corporate authorities thereof, first obtained. Sec. 5. And be it further enacted , That the directors aforesaid shall have power to open books for the subscription of stock, from time to time, until the capital shall be filled up; and that all further instalments on the stock herein provided to be subscribed for, shall be called for and paid in, according to the provisions of the act of which this is an amendment, and shall be under the same liabilities in case of failure to pay.

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Sec. 6. And be it further enacted , That the bills obligatory and of credit, notes and other contracts whatsoever on behalf of the said corporation, shall be binding and obligatory on the said corporation, Provided , the same be signed by the president and countersigned by the cashier of said companyand the funds of the corporation shall in no case be held liable for any contract or engagement whatever, unless the same shall be so signed and countersigned as aforesaid, except for such checks or bills of exchange, as shall be made or indorsed by the cashier or president thereof, in the course of the business of said company; and except for such contracts as shall be made under the authority of the board for work done on the road; and the funds of the corporation shall at all times be subject to the inspection of the board of directors and stockholders when convened according to the provisions of this act, and of the act of which this is an amendment. Sec. 7. And be it further enacted , That the said corporation shall not at any time suspend or refuse payment in gold or silver coin, of any of its notes, bills or obligations; and if the said corporation shall at any time refuse or neglect to pay on demand, any bill, note or obligation issued by the corporation according to the contract, promise or undertaking therein expressed, to the person or persons entitled to receive the same, then, and in every such case, the holder of such note, bill or obligation, shall respectively be entitled to receive and recover interest on the same, until the same shall be fully paid and satisfied at the rate of ten per cent per annum, together with the lawful interest thereon from the time of such demand as aforesaid. Sec. 8. And be it further enacted , That the following rules, regulations, limitations and provisions, shall form and be the fundamental articles of the said corporation. Rule 1. The number of votes to which each stockholder shall be entitled, shall be according to the provisions of the seventh section of the act of which this is an amendment. Rule 2. The cashier and other officers of the banking department of said corporation (the president excepted), shall, before they enter upon the duties of their offices respectively, give bond for the faithful performance of their duties, with such security as may be required by the board of directors. Rule 3. The total amount of debts which the said corporation shall at any time owe, whether by bill, bond, note,

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or other contract, shall not exceed three times the amount of the capital stock actually paid in and set apart for banking purposes. Rule 4. Dividends of the net profits of the stock used in banking purposes, or of so much thereof as may be prudent, shall be declared and paid half yearly, if the condition of the company warrant it, until the road shall yield a profit, when, and in which case, the profit may also in like manner be divided: and such dividend shall from time to time be determined by a majority of directors at a meeting to be held for that purpose, and shall in no case exceed the amount of the net profits actually acquired by the corporation, so that the capital stock thereof shall never be impaired. Rule 5. The directors shall cause to be kept fair and regular entries in a book to be provided for that purpose of their proceeding, and on any question when any one director shall require it, the yeas and nays of the directors voting shall be recorded in such book, and those minutes be at all times, on demand, produced to the stockholders at their general meetings. Rule 6. So soon as fifty per cent of the stock already subscribed, and of the stock which may hereafter be taken in the said company shall have been paid in, the company shall have the power and privilege, and not till then, of commencing banking operations; and for that purpose shall have the power to prepare and issue notes signed by the president and countersigned by the cashier, as in the usual course of banks in such cases: Provided , that of the sum so received, one half shall be set apart for their said banking operations and the other half to the building of the road, and so on in the like ratio as to all further instalments which may thereafter be called in. Rule 7. That portion of the capital stock hereinbefore provided for, and set apart for the purpose of building the road, shall in nowise be diverted from that object, except as provided for in the second section of this act. Sec. 9. And be it further enacted , That the president and directors of the company shall be elected annually, as provided for in the act to which this is an amendment; and the board of directors of said corporation shall have power to appoint a cashier and such other officers as may be necessary for the transaction of the banking business herein provided for, and to allow them reasonable compensation for their services; and shall be capable of exercising all such other powers and authorities for the well governing and

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ordering the affairs of said corporation, as to them shall seem best calculated to promote the best interests of the company. Sec. 10. And be it further enacted , That the principal office of said company shall be located at Athens, and all elections and meetings of the stockholders shall be held at such principal office, except when otherwise ordered by the directors on special occasions. Sec. 11. And be it further enacted , That the Union Railroad, as authorized by the first section of the act to which this is an amendment, shall be completed within four years from the passage of this act, and the branch to Athens, and one of the southern branches through Greenesborough, which shall be designated by a vote of the stockholders, and shall be completed within six years after the passage of this act, and on failure thereof the banking privileges hereby granted shall be thenceforth forfeited; and all banking operations shall thenceforward, in such event, be made to cease and determine. Sec. 12. And be it further enacted , That the banking privileges hereby granted, shall be and continue for and during the term of twenty-five years, to be computed from the time fixed by this act for the completion of the Union Road. Sec. 13. And be it further enacted , That the act to which this is an amendment, shall be and remain in full force and effect in every section and clause thereof, except where it conflicts with the provisions of this act. Sec. 14. And be it further enacted , That all the acts done, and contracts made by the Georgia Railroad Company, are hereby declared to be of binding efficacy on the Georgia Railroad and Banking Company; and all the rights to property acquired by the Georgia Railroad Company, of whatsoever nature or kind the same may be, shall pass to and be vested in the Georgia Railroad and Banking Company, as fully and completely as they were vested in the said Georgia Railroad Company. Sec. 15. And be it further enacted , That the persons and property of the stockholders for the time being of the said Georgia Railroad and Banking Company, shall be

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pledged and bound, in proportion to the amount of shares held by each, for the ultimate redemption of the bills or notes issued by and from said company, in the same manner as in common commercial cases or simple actions of debt. Sec. 16. And be it further enacted , That no exclusive privilege or right of road extended to the corporation, of the act of which this is amendatory, shall prevent the State from granting a charter to any company that may hereafter apply for a railroad to run from Macon to the Tennessee State line, and from granting any charter or charters to construct any road to cross said road at any point west of Eatonton, or Madison or Athens. Sec. 17. And be it further enacted , That no foreigner, either directly or indirectly, shall own stock in the said railroad or bank; and if any foreigner shall own stock in anywise, the same shall be forfeited to the State. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 18th Dec. 1835. AN ACT to explain the true meaning of an act entitled An Act to authorize and empower the City Council of Augusta, and the Trustees of Richmond County Academy, to convey to the Athens Railroad Company, in fee simple, ten acres of the town common lots of Augusta,

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and to confirm and ratify all acts done by authority of the same. Whereas, an act of the General Assembly was passed on the 22d day of December, 1834, the title of which is fully set forth and described above, authorizing and empowering the city council of Augusta, and the trustees of Richmond County Academy, meaning the trustees of the Academy of Richmond county, to convey to the Athens Railroad Company, meaning the Georgia Railroad Company, ten acres of the town common lots of Augusta: Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the said act above referred to, passed on the 22d day of December, 1834, shall operate from the passage thereof in like manner as if the said corporations intended to be thereby affected had been correctly named in the said act. Sec. 2. And be it further enacted , That all acts done by the said corporations under and by authority of said act, shall be as fully binding in law as if their proper corporate names had been given to said corporations in said act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT to be entitled An Act to incorporate the Brunswick and Florida Railroad Company. Sec. 1. Be it enacted by the Senate and House of Representatives

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of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That for the purpose of encouraging the construction and opening of a railroad communication between Brunswick and the Territory of Florida, Thomas Butler King, Stephen C. King, and Isaac Abrahams, and their associates, successors and assigns be, and they are hereby ereated a corporate body politic, by the name and style of the Brunswick and Florida Railroad Company, with vested rights and privileges; and by said corporate name and style shall be capable, in law, to purchase, accept, hold, and sell and convey real and personal estate, make contracts, sue and be sued, to make by-laws, and to do all lawful acts, properly incident and connected with the object of the said corporation, and necessary for the government and transaction of its business, and the construction of the said railroad; and to make and use a common seal, and the same to alter and destroy at their pleasure: Provided , that their by-laws be not repugnant to the laws and constitution of this State, or of the United States. Sec. 2. And be it further enacted , That the capital stock of the said company shall be two millions of dollars, to be divided into shares of one hundred dollars each, but may be increased one-third, should it be found necessary, to complete the said railroad, with all its necessary appendages; and the board of directors shall prescribe the mode and conditions of the subscription for such additional stock, should it be required. Sec. 3. And be it further enacted , That it shall and may be lawful for the said Thomas Butler King, Stephen C. King, and Isaac Abrahams, and they are hereby authorised and empowered to create the original stock of two millions of dollars, or so much thereof as may be necessary to establish the aforesaid company, upon the subscriptions of one million of dollars , by causing books of subscription to be opened, at such places and in such manner as they may deem most conductive to the obtainment of the stock required to establish the said company, and commence the work: after which, the board of directors shall have power to pursue such mode for the obtainment of the other million of dollars of stock as they may deem best: and upon all subscriptions of the said stock, the subscribers shall pay five per cent upon each share at the time of subscribing. Sec. 4. And be it further enacted , That all moneys

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received for the first instalment, of five dollars per share, on the subscriptions of the capital stock aforesaid, shall be deposited, for safe keeping, in one of the banks in the city of Savannah, until the board of directors shall be elected and the said company organized, when the books of subscription, and the moneys deposited as aforesaid, shall be turned over to the said board of directors by the commissioners aforesaid; and in case the said board should not be elected, and the company organized, within three years from the passage of this act, then the aforesaid commissioners shall refund the aforesaid five dollars per share, which they may have received from each subscriber as aforesaid. Sec. 5. And be it further enacted , That, for the organization of the said company, so soon as the requisite amount of one million of dollars of the capital stock shall have been subscribed, the said Thomas Butler King, Stephen C. King and Isaac Abrahams, shall appoint a convenient time and place for the meeting of the stockholders in Brunswick, of which they shall give due and timely notice to each stockholder; at which time and place, they shall proceed to the election of seven directors, who shall form and constitute a board of directors; one of whom they shall elect as president of the said board, and he shall be entitled to vote upon all questions before the same, and shall hold his office for one year, as shall also the directors; and it shall be the duty of the said board, previous to the expiration of the year for which they shall have been elected, to call a meeting of the stockholders annually, on such day as may be fixed upon in their by-laws, giving each due and timely notice thereof, for the purpose of examining the affairs of the said company and electing directors for the year ensuing, to be determined by ballot or otherwise at each regular meeting; and in all cases the stockholders shall be allowed to vote in person or by proxy, that is to sayany stockholder, being absent at any general meeting of the stockholders of said company, may authorize, by power of attorney, any other person, to vote for her, him or them. Sec. 6. And be it further enacted , That the number of votes to which each stockholder shall be entitled shall be according to the number of shares he, she or they shall hold, in the following proportion: for one share, one vote; for two shares and not exceeding five shares, two votes; and for every ten shares above five, one vote. No stockholder

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shall be eligible as a direetor unless he shall hold twenty shares of the stock in his own right, or as executor, administrator or guardian; and no share or shares (after the first election) shall confer a right of suffrage which shall not have been holden by the person in whose name they may appear three months previous to the day of election. In case of death, resignation or removal from the board of the president or any of the directors, the remaining directors shall have power to fill such vacancy until the regular annual meeting of the stockholders, who shall, at such meetings, fix upon and determine, by ballot or otherwise, the amount of salary per annum, from time to time, of the president and directors, and all other standing and regular officers of the corporation, as they, the majority of the stockholders, may deem just and reasonable. Not less than five directors shall constitute a board for the transaction of business, of whom the President shall always be one, except in case of sickness or necessary absence, in which case his place may be supplied by any director, to be elected president pro tem. by a majority of the board present. Sec. 7. And be it further enacted , That the said board of directors shall have power to call in such ratio of per cent of the subscriptions of stock upon the books of the said company, from time to time, as they may deem necessary to meet their arrangements and contracts for the prompt progress and execution of the work of the said railroad; first giving notice to each stockholder, by written or printed circulars, through the mail, sixty days previous to the time required for each payment of the instalments to be paid in: and in case any stockholder should refuse to pay his, her or their instalments when called on in manner aforesaid, it shall be lawful for the said board of directors to declare by resolution, to be entered in their book of minutes, such share or shares of stock forfeited to the use and benefit of the said corporation, and to offer the same for resubscription, as if they had never been subscribed for. The affidavit of the secretary of the board of the delivery of the said circulars to the postmaster or his deputy shall, in all cases in relation to the stockholders of the institution, be taken and held as legal notice of all calls for instalments or other business appertaining to the said company. And it shall be the further duty of the said board to publish such notice in one or more of the public gazettes nearest to the residence of the respective stockholders. Sec. 8. And be it further enacted , That the board of

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directors shall have power to issue to the stockholders their certificates of stock; and no transfer of stock, in the said company, shall be considered as binding upon the corporation, unless entered in a book or books to be kept for that purpose, by the personal entry of the stockholder, or by his, her or their legal representative or attorney, duly authorized by special power for that purpose. Sec. 9. And be it further enacted , That the board of directors shall have power to make all contracts, in their official capacity, which shall be binding upon the said company, and to appoint engineers, agents, a secretary and treasurer, and employ as many clerks and labourers, and at such compensation, respectively, for their services, as they may deem necessary and expedient for the despatch of the business and work of the said corporation. Sec. 10. And be it further enacted , That the said board of directors shall have power to select and take or receive as a donation, such strip or strips of land between Brunswick and any point on the Florida line as they may deem necessary for the construction, convenience and protection of their railroad; and in case of disagreement between the owner or owners and the said board of directors in regard to the damages or price of any part of such necessary strip or strips of land, it may and shall be lawful for the said board of directors to appoint one disinterested freeholder as an appraiser, and for the owner or owners of such strip or strips of land, to appoint another disinterested freeholder, if he, she or they should think proper; and the judges of the inferior court of the county in which such strip or strips of land shall lie, shall appoint another disinterested freeholder; but if such owner or owners shall decline to appoint an appraiser on their part, then two appraisers shall be appointed by the judges of the inferior court aforesaid, all of whom shall be sworn by one of the judges of the said court, to make and return to said court a just and impartial valuation of the damages or value of the said strip or strips of land thus required by the said company for a continuation of their railroad, and for its appendages, and their award shall be in writing and signed by at least a majority of the said appraisers, and accompanied with a full description and plat of the said land, which shall be taken and held as a judgment for the amount against the said company, and shall be enforced by an execution from the said inferior court; and the said plat and award shall be recorded in the said county in the same manner as deeds, and shall vest the right of fee

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simple to the said strip or strips of land in the said railroad company so soon as the valuation thereof shall be made as aforesaid and paid for, or when refused, the money may be tendered: Provided , if either party shall think proper, he, she or they may appeal to the superior court of the county having jurisdiction, and have the damages ascertained by the verdict of a special jury, and their decision shall be final. Sec. 11. And be it further enacted , That no railroad shall be permitted hereafter to be constructed between Brunswick and the Florida line, within twenty-five years, or within twenty miles of where said railroad may be located, from the time of the completion of the one contemplated and provided for by this act of incorporation, nor within twenty miles of the same, without the consent of the aforesaid company: and Provided , that any future legislature shall have the power to grant to another railroad company the right of crossing the railroad herein named. Sec. 12. And be it further enacted , That the shares of stock of the said Brunswick and Florida Railroad shall be taken, considered and held in law as real estate, and may be sold and transferred upon the books of the company by scrip, or assigned and bequeathed by the proprietors thereof as such. The capital stock of the said railroad shall not be taxed by the State higher than one half per cent upon its net income, and not to commence until the expiration of ten years after its completion. Sec. 13. And be it further enacted , That the said company shall build good and substantial bridges, or ways of passage across their railroad, wherever it may cross a public road; and if any person or persons shall wilfully or maliciously destroy, or in any manner hurt, damage, injure, or obstruct, or shall wilfully and maliciously cause, or aid and assist, or counsel or advise any other person or persons to destroy, or in any manner to hurt, damage or injure, or obstruct the said railroad, or any bridge connected therewith, or any vehicle, edifice, right or privilege granted by this act, and constructed for use under the authority thereof, such person or persons so offending shall be liable to be indicted, and on conviction thereof shall be imprisoned at hard labour in the penitentiary, at the discretion of the court, not less than four years; and shall be further liable to pay all expenses of repairing or rebuilding the same; the one half of which shall be paid by the said company to the informer: Provided , that the company shall commence

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the work in two years, and complete the road in ten years after the passage of this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 22d, 1835. AN ACT to incorporate the Chattahoochie Railroad Company. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That for the purpose of constructing or opening a railroad communication from Macon to Columbus, and thence to West Point, the corporation of the town of Columbus and such other corporation and individuals as that corporation shall associate with it, and their assigns, shall hereafter be a body corporate, by the name and style of the Chattahoochie Railroad Company; and by said corporate name shall be capable in law to buy, hold and sell real and personal estate, make contracts, sue and be sued, to make by-laws, and do all lawful acts properly incident to a corporation, and necessary and proper to the transaction of the business for which it is incorporated, and to have and use a common seal, and the same to alter and destroy at its pleasure. Sec. 2. And be it enacted by the authority aforesaid , That the capital stock of said company shall be fifteen hundred thousand dollars, divided into shares of one hundred

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dollars each, but may be increased to a sum not exceeding three millions of dollars, whenever it may be deemed expedient, by a majority of the board of directors of said corporation, for the time being. Sec. 3. And be it enacted by the authority aforesaid , That the said corporation be, and it is hereby authorised and empowered to make, construct, and maintain a railroad for the transportation of produce merchandise and passengers, of suitable width and dimensions, in the most cheap, proper and practicable course, from Macon to Columbus, and thence to West Point, paying to the owners of land through which the same may pass a just indemnity, to be assertained as hereinafter provided for, for the value of the land covered by the railway, and for three hundred feet on each side of the same; and whenever a person shall own land on both sides of the railroad, at any point, the company shall be bound to construct for his convenience, such bridge across the railroad as may not obstruct or incommode the passage on or along said railroad. But no person shall be at liberty to cross such railroad, except by such bridge or road, without the express permission of such corporation: Provided , nothing herein contained shall prohibit a future legislature from passing laws authorising the construction of railroads or other works of internal improvement across the route which may be selected for the construction of the road herein authorized. Sec. 4. And be it enacted by the authority aforesaid , That when any person shall feel himself aggrieved or injured by the said railroad, or when the said company cannot agree with any person, through or on whose land the said railroad shall be conducted, as to the damages sustained, the amount of such damage or injury shall be ascertained and determined by the written award of three sworn appraisers, to be chosen, one by the company, one by such owner, if he shall think proper, and one by the inferior court of the county where such land lies; but if such owner shall decline to appoint an appraiser, then two appraisers to be appointed by the inferior court, as aforesaid, and one by the said company, the award of whom shall operate as a judgment for the amount against the company, and shall be enforced by an execution from the inferior court, with the right of appeal by either party, to be tried by a special jury at the next term thereafter of the superior court of said county, and the decision shall vest in the company the fee-simple of the land in question; and in the other party, a

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judgment for its value thus ascertained, which may be enforced by the ordinary process of said court. Sec. 5. And be it enacted by the authority aforesaid , That whenever the said railroad shall intersect any public road, the company shall be bound to build a safe and substantial bridge, to be afterwards maintained by the company. And any public or private bridges may at any time be built across said railroad: Provided , such bridges shall not obstruct or incommode the use of the said railroad. Sec. 6. And be it enacted by the authority aforesaid , That the directors for the time being shall have power to employ managers and labourers, and appoint such officers as shall be necessary for executing the business of the company, and to allow them reasonable compensation for their services; and shall be capable of exercising all such other powers and authorities for the well governing and ordering the affairs of said company, as to them shall seem fit for the interest of said company. Sec. 7. And be it enacted by the authority aforesaid , That the said railroad, and the appurtenances of the same, shall not be subjected to be taxed higher than one half per cent upon its annual net income. Sec. 8. And be it enacted by the authority aforesaid , That any person injuring the property of said company, or who shall throw earth, stones, trees, rubbish, logs or any other matter or thing whatsoever upon the said railroad, or its appurtenances, shall be punished by indictment as for a misdemeanor, and on conviction may be fined and imprisoned at the discretion of the court; and shall also be liable for such damages as may be occasioned thereby, to be recovered by action at the suit of said company or of any person aggrieved, in any court having jurisdiction. Sec. 9. And be it enacted by the authority aforesaid , That the said company shall be entitled to the exclusive use of said railroad, with their cars or other modes of conveyance. And if the said company shall permit or suffer others to use the same, the said company shall be entitled and empowered to receive and collect tolls on all vehicles of whatever character or denomination, and all other things which by the regulations of said company shall or may be allowed to pass on said railroad; and that for the collection of tolls the said company, or its proper officers, may stop

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and detain all vehicles or produce or merchandize using the said railroad, until the owners or carriers thereof shall pay the toll which shall be fixed by the said company. And if any owner, carrier or other persons in charge of any vehicle or car shall pass by any place appointed for receiving tolls without making payment thereof, he, she or they so offending shall forfeit and pay for each offence the sum of twentyfive dollars, to be sued for and recovered by action of debt, in the manner, and subject to the same rules and regulations as debts under thirtydollars are now recovered, and costs of suit. Sec. 10. And be it enacted by the authority aforesaid , That after the route of such railway shall have been accurately surveyed and a plot thereof deposited in the department of state, it shall not be lawful for any other railroad to be built or constructed in any way or manner, or by any authority whatsoever, running parallel within twenty miles of the route so adopted, unless by the said company or with the consent of the board of directors thereof for the time being. Sec. 11. And be it enacted by the authority aforesaid , That the said corporation of the town of Columbus shall be, and they are hereby authorized to open books for subscription for the stock of said company, at such times and in such places as the said corporation shall determine, and to require the payment in the first instance of such sum per share or subscription as that corporation shall determine. Sec. 12. And be it enacted by the authority aforesaid , That it shall be the duty of said corporation of Columbus, as soon as the sum of seventy-five thousand shares shall have been paid in by the stockholders, to cause to be elected by the stockholders in the manner hereinafter pointed out, from among the stockholders, seven directors, who shall hold their seats until the first Monday in January thereafter. The directors, at their first meeting after such election, shall choose one of their number as president, who shall hold his office for one year, and may receive such compensation as the directors shall deem reasonable. In case of his death, resignation, removal from the State, or other vacancy, the board of directors shall fill his place for the balance of the time by another election. Sec. 13. And be it enacted by the authority aforesaid , That a majority of the directors shall constitute a board for

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the transaction of business, of whom the president shall always be one, save in case of sickness or necessary absence, in which cases his place may be supplied by any director appointed by the president. The said boards of directors may call for further instalments on each share, when necessary for the interest of the company, not to exceed one hundred dollars on each share in the whole, giving at least sixty days' notice in the public gazettes of Columbus of such call, and any and all stockholders failing to pay any instalments so called for, for ten days after the time designated by such call, shall for ever forfeit his stock in the said company; and all payments which he may have heretofore made, and the stock so forfeited, shall vest in and become the property of the said company, to be disposed of as the board of directors thereof shall determine. Sec. 14. And be it enacted by the authority aforesaid , That the number of votes of each stockholder shall be according to the number of shares he shall hold, each share to be entitled to one vote; and in all cases the stockholders shall be allowed to vote in person or by proxy: Provided , that after the first election no share or shares shall confer a right of suffrage which shall not have been holden for three calendar months previous to the day of election; and the transfer on the books of the company shall be the only evidence of such holding. Sec. 15. And be it enacted by the authority aforesaid , That certificates of stock shall be issued to the stockholders on the payment of the sum required at the time of subscription, which shall be transferable on the book of the company only, and by personal entry of the stockholder, his legal attorney or representative only, authorized for that purpose. Sec. 16. And be it enacted by the authority aforesaid , That the directors shall keep fair and regular entries of their proceeding in a book provided for that purpose, and on every question, when any one director shall require it, the yeas and nays of the directors voting shall be duly entered on the minutes, and those minutes shall at all times on demand be produced to the stockholders, when at a meeting thereof they shall be required. Sec. 17. And be it enacted by the authority aforesaid , That any number of stockholders, who together shall be proprietors of one thousand shares, shall have the power at

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any time to call a meeting of the stockholders of said company, for purposes relating to the company, and of all meetings of stockholders, at least sixty days previous notice shall be given in the Gazette of Columbus, specifying therein the object of the meeting. Sec. 18. And be it enacted by the authority aforesaid , That the principal office of the said company shall be located at Columbus, and such other places as the board of directors shall determine, with power nevertheless to the stockholders, at any meeting at which a majority of the whole shall be present or represented, that all elections and meetings of the stockholders shall be held at Columbus. Sec. 19. And be it enacted by the authority aforesaid , That at all elections or meetings the stockholders shall vote and be represented by proxies or a proxy. Sec. 20. And be it enacted by the authority aforesaid , That the said company shall have full power and authority to carry such railroad over and across all or any rivers, creeks, waters or water courses, that may be in the route thereof, by any suitable bridges or other proper means: Provided , that when such railroad shall cross any navigable water course, the same shall not be so constructed as to impede the navigation thereof. Sec. 21. And be it enacted by the authority aforesaid , That the railroad authorized by this act shall be commenced within two years after the passage of this act, and shall be finished within six years after the term aforesaid, and on failure thereof, the charter hereby granted shall be forfeited. Sec. 22. And be it enacted by the authority aforesaid , That the exclusive right granted by this act to the Chattahoochie Railroad Company, to construct, keep up and use a railroad from Macon to Columbus, and thence to West Point, shall be, and continue for and during the term of twenty-five years, to be computed from the time fixed by this act for the completion of the works authorized by this act, and after the expiration of said term of thirty-six years, the legislature may authorize the construction of other railroads between said places: Provided , nevertheless, the said Chattahoochie Railroad Company shall, after the lapse of said twenty-five years, be and remain incorporate, and vested, as to their own works, with all the estates, rights,

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powers and privileges by this act granted and secured, except the exclusive right aforesaid; but the legislature may renew and extend that exclusive right, upon such terms as may be prescribed by law, and be accepted by said incorporated company. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT to be entitled An Act to amend an act entitled An Act to incorporate the Georgia Railroad Company, with powers to construct a rail or turnpike road from the city of Augusta, with branches extending to the towns of Eatonton, Madison, in Morgan county, and Athens; to be carried beyond those places at the discretion of said company; to punish those who may wilfully injure the same; to confer all corporate powers necessary to effect said object, and to repeal an act entitled An Act to authorize the formation of a company for constructing a Railroad or Turnpike from the city of Augusta to Eatonton, and thence westward to the Chattahoochie river, with branches thereto, and to punish those who may injure the same; passed the 27th December, 1831. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the said Georgia Railroad Company be, and it is hereby authorized to construct, build and erect a branch of said railroad from said railroad to Warrenton, in Warren county, Georgia, and thence to Sparta, or any part thereof, as soon as it can

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be done, without the delay contemplated by the first section of the act aforesaid; or may authorize the same to be done by others in such manner as to form a junction with the aforesaid Georgia Railroad. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT to be entitled An Act to amend and revive an act passed on the twenty-third day of December, one thousand eight hundred and thirty-three, entitled an act to incorporate the Monroe Railroad Company for the purpose of constructing a railroad from Macon to the town of Forsyth in Monroe county. Whereas by the thirteenth section of the above-mentioned act, the exclusive right granted to the Monroe Railroad Company to make, keep up and use a railroad between Macon and Forsyth, is qualified by the proviso, that one thousand shares of the stock of said company should be subscribed and taken before the meeting of the next general assembly of this state after the passage of the said act, and that said railroad should be commenced within one year after such next meeting of the general assembly, and should be completed within five years after the passage of said act; and whereas by the failure to subscribe and take up the said one thousand shares of stock, and to commence said railroad within the periods of time limited and prescribed by said act, the exclusive right granted to said company by said thirteenth section of said act, to make, keep up and use a railroad between Macon and Forsyth, has become

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forfeit, and lost to said company; and whereas within a very recent period, the whole capital stock of said company, amounting to two hundred thousand dollars, has been subscribed and taken up, and five dollars on every share of one hundred dollars paid and deposited in the Central Bank of Georgia Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That all rights and privileges whatever secured to said Monroe Railroad Company, by the aforesaid charter of incorporation, and which may have become forfeited in the manner hereinbefore set forth, or in any otherwise, be, and they are hereby restored and granted to said company, in as ample a manner as if no such forfeiture had happened, and as if the one thousand shares of stock had been subscribed and taken, and the building of said railroad commenced within the periods specified by the aforesaid act of incorporation: Provided , said railroad shall be completed within five years after the passage of this act. Sec. 2. And be it further enacted , That in all cases where, by the tenth section of said act, of which this act is amendatory, a valuation may have been made, or shall hereafter be made, of land through which the railroad passes, by the commissioners, that either party may have the right of appeal to a special jury, at the ensuing term of the superior court: Provided , that the progress of said road shall not be arrested by said appeal; and provided further, that said company shall give security to the party for the payment of all damages that may be assessed by the special jury. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835.

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AN ACT to be entitled An Act to incorporate a Railroad Company, to be called the Western Railroad Company, for the purpose of constructing a Railroad from the town of Forsyth, in Monroe county, to the town of West Point, in Troup county, or to some convenient place in the neighbourhood of the said town of West Point. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That for the purpose of constructing, keeping up and using a railroad communication from the town of Forsyth, in Monroe county, to the town of West Point, in Troup county, by way of Zebulon, in Pike county, Greeneville, in Merriwether county, and La Grange, in Troup county, or some convenient place in the neighbourhood of the said town of West Point, the subscribers for the capital stock hereinafter mentioned and their assigns shall be a body politic and corporate, by the name and style of The Western Railroad Company, and by said corporate name shall be capable in law to purchase, accept, hold and convey real and personal estate, make contracts, sue and be sued, to make by-laws, and to do all lawful acts properly incident to a corporation, and necessary and proper for the construction of the works and transaction of the business for which said company is incorporated, and to have and use a common seal, and the same to alter and destroy at pleasure. Sec. 2. And be it further enacted , That the capital stock of said company shall be eight hundred thousand dollars, divided into shares of one hundred dollars each, but shall be liable to be increased from time to time, and by such sum or sums as may be deemed expedient by the majority of the board of directors of said company for the time being: Provided , that said capital stock shall not be so increased as to exceed in the whole the sum of twelve hundred thousand dollars: And it is also enacted , that the board of directors for the time being shall be authorized to prescribe the terms and conditions of subscriptions for such additional capital stock as may be from time to time required.

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Sec. 3. And be it further enacted , That for the original capital stock of eight hundred thousand dollars, books of subscription shall be opened, as follows: In the city of Macon for the sum of three hundred thousand dollars, under the direction of James Rea, Levi Eckly and Jeremiah Cowles. At Forsyth, in Monroe county, for the sum of one hundred and fifty thousand dollars, under the direction of Henry H. Lumpkin, Elbridge G. Cabbings and Daniel Sanford. At Zebulon, in Pike county, for the sum of one hundred thousand dollars, under the direction of James Neal, John B. Reid and John Blackbourne, At Greeneville, in Merriwether county, for the sum of one hundred thousand dollars, under the direction of William D. Alexander, Hiram Warner and Benjamin Johnson. At La Grange, in Troup county, for the sum of one hundred and fifty thousand dollars, under the direction of Rufus Brown, Wilie Wilson and Nicholas Lewis, Sen. The books of subscription shall be opened at each of the aforesaid places on the third Monday of November next, and a majority of the commissioners at each place shall be competent to do all acts incident to their office; and if any of the commissioners above named shall decline acting, the Governor, on being duly informed thereof, shall be authorized to appoint other commissioners in the stead of him or them so declining to act. The several sets of commissioners at the above-named places shall give two weeks notice in the Macon gazettes of the time and place of opening their respective books of subscription. Upon the books being opened as aforesaid, the commissioners shall receive from individuals, companies and corporations, subscriptions for any number of shares of stock not exceeding two hundred shares to any one individual, company or corporation, until two days have elapsed; after which, the shares not previously taken, or any number thereof, may be subscribed for and taken by any individual, company or corporation, banking companies excepted. And no subscription shall be received and allowed unless there shall be paid to the commissioners, at the time of subscribing, the sum of five dollars on each share subscribed, for which the commissioners shall give to the subscriber a certificate setting forth the number of shares taken by such subscriber, and amount per share paid thereon. Sec. 4. And be it further enacted , That the books shall be kept open for subscriptions at each of the above named places for the space of sixty days, and being closed on the last day, each of the other sets of commissioners shall transmit their subscription books, certified and signed,

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to the commissioners at the city of Macon; and the commissioners at Macon, shall thereupon make out a general list, setting forth the names of the subscribers, the number of shares taken by each subscriber and the sum paid thereon, and if, on summing up all the subscriptions, the same shall appear to amount to the sum of four hundred thousand dollars, the said company may be organized and go into operation thereon, and after the organization of the company, all future subscriptions for stock shall be received by the board of directors of the company; and in case the whole amount of stock subscribed within sixty days after the opening of the books of subscription, as above prescribed, shall fall short of the sum of four hundred thousand dollars, then subscriptions for the amount of stock necessary to make up said sum of four hundred thousand dollars shall be received, after the lapse of said sixty days, only at Macon, Forsyth and La Grange, and in equal proportions at each of said places; and as soon as the subscriptions shall in all amount to the said sum of four hundred thousand dollars, the commissioners at Forsyth and La Grange shall transmit their books to the commissioners at Macon, and these latter shall make out and prepare a general list as above pointed out, and the said commissioners shall at once proceed to take measures as hereinafter prescribed for the organization of the company. Sec. 5. And be it further enacted , That each of the aforesaid sets of commissioners shall deposit in the Central Bank of Georgia or in the branch of the Bank of the State of Georgia, at Macon, all the money by them respectively received on account of subscriptions for stock, said money so deposited to be subject to the order of the said company or of its president and board of directors, after the organization of the company. Sec. 6. And be it further enacted , That in order to the organization of said company, so soon as the amount of subscriptions of stock shall equal or exceed the sum of four hundred thousand dollars, the commissioners at Macon and Forsyth, or any three or more of them shall give notice thereof in the public gazettes of Macon, and advertise in said gazettes for three weeks, a meeting of the stockholders to be held at some convenient time and place; at which time and place the stockholders shall attend in person or by proxies duly constituted by writing, sealed and attested, and shall proceed to the election by ballot of nine directors of said company. And in the election of directors, and in

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all other matters of said company, in which the votes of stockholders have to be taken, each stockholder shall have a number of votes equal to the number of shares of which he is proprietor at the time of voting. At the election of the first board of directors, the commissioners at Macon and Forsyth, or any three or more of them, shall preside and conduct the election, and shall make a record of the proceedings in said election under their hands and seals, and shall deliver to each of the directors chosen a certificate of his election. Sec. 7. And be it further enacted , That the board of directors shall choose one of their own number as president of the board, whose term of office shall be one year; and the election of directors shall be held annually according to such by-law as may be made for that purpose, and in case of a vacancy occurring in the board between the stated periods of election, the directors, or a majority of them, may elect from among the stockholders a person to fill such vacancy; and in case it should so happen that the day of the annual election of directors should pass without an election being made in whole or in part, it shall and may be lawful on any other day to make such election in such manner as may be prescribed by the by-laws of the corporation, subject always to the rule hereinbefore prescribed as to the number of votes to which each stockholder shall be entitled. Sec. 8. And be it further enacted , That the said railroad company shall have power and capacity to purchase, have and hold in fee simple or for years, to them and their successors, any lands, tenements or hereditaments that they may find necessary for the site on and along which to locate, run and establish said railroad; and also, to purchase and hold any lands contiguous to or in the vicinity of said railroad that they may find necessary for the purpose of procuring all proper materials for constructing, repairing and adequately guarding and sustaining said railroad; and also, all lands contiguous thereto that may be found necessary for the erecting of toll-houses, store-houses and other buildings or accommodations that may be found necessary or useful to said railroad or the business thereof; and also, all rights of way on land, and all necessary privileges on water courses that may lie on or across the route of said road; and the said company shall have power to conduct said railroad across any public road or highway that may be on the route of said railroad: Provided , the said company

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shall so construct said railroad across all public roads as not to injure or obstruct the same. Sec. 9. And be it further enacted , That in all cases where lands or rights of way may be required by said company for the purposes aforesaid, and the same cannot by want of agreement between the parties as to price or for any other cause be purchased by the company from the owners thereof, the same may be taken at a valuation to be made by three commissioners, or a majority of them, to be appointed by the judge of the superior court of the county where the land or right of way may be situated: Provided , that if the judge for the time being shall be a stockholder, then the arbitrators shall be one selected by the corporation, one by the party at issue, and the third by the inferior court of the county; and the said commissioners before they act shall severally take an oath before some justice of the peace or other judicial magistrate, faithfully and impartially to discharge the duties assigned them. In making said valuation said commissioners, or a majority of them, shall take into consideration the loss or damage which may occur to the owner or owners in consequence of the land being taken or the right of way obstructed; and also, the benefit and advantage that such owner or owners may receive from the establishment of said road, and the excess of loss or damage over and above the benefit and advantage shall form the measure of damages. The proceedings of said commissioners, accompanied with a description and plat of said land, shall be returned under the hands and seals of said commissioners to the court whence the commission issued, there to remain of record; and the lands or rights of way shall vest in said company in fee simple upon payment or tender of the amount of the valuation; and in case the said railroad company, or the owners of the soil or right of way shall be dissatisfied, an appeal may be taken to the superior court of the county where the land lies, or the right of way exists, and the award of damages may be traversed before a special jury, and their finding shall be final and conclusive between the parties. Sec. 10. And be it further enacted , That the said Western Railroad Company shall have the sole and exclusive right of transportation and conveyance of persons, produce, merchandise and all other things over and along said railroad, to be by them constructed, as long as they shall see fit to exercise such sole and exclusive right. And the said company, in the exercise of their right of

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carriage and transportation shall be regarded as common carriers, and be liable as such; and said company shall be authorized to fix, by by-laws, the charges and rates of transportion and carriage on said railroad: Provided , said rates shall not exceed the sum of three-fourths of a cent per mile for every hundred pounds on heavy articles, and four cents per cubic foot for every twenty-five miles on other articles, and five cents per mile for every passenger. And said railroad company shall be authorized to make all by-laws and regulations touching said road and the uses and business thereof, which may be deemed expedient: Provided , the same be not repugnant to the provisions of this charter, nor to the laws and constitution of this State or of the United States. Sec. 11. And be it further enacted , That said railroad company shall construct the railroad authorized by this act, beginning at the town of Forsyth, in Monroe county, at or near the point at which the railroad authorized by an act of the General Assembly of one thousand eight hundred and thirty-three, between Macon and Forsyth, shall terminate. Thence running by the best and most eligible route to the town of West Point, on the Chattahoochie river, in Troup county, by way of Zebulon in Pike county, Greenville in Merriwether county and La Grange in Troup county, or to some convenient place in the neighbourhood of West Point, and as far as the boundary line between Georgia and Alabama, if it shall be found expedient to carry it to said boundary line: and the sole and exclusive right to make, keep up and use a railroad along the route, and between the points above indicated, shall be vested in said company for and during the term of forty years, to be computed from the time when said railroad shall be completed through the whole distance from Forsyth to West Point. But after the expiration of said forty years, although the exclusive right above granted shall then cease, yet said company shall continue incorporate and entitled to keep up and use said road by them to be built, for the transportation of persons and things for hire and gain, and the legislature may renew and extend said exclusive right on such terms as may be prescribed by law and accepted by said company: Provided , that this or any future legislature shall have the right, by any act of legislation, to authorize the crossing the aforesaid railroad, at any place or places that may be selected for the erection of other railroads: Provided , nothing contained in this act shall be so construed as to prevent the construction of a railroad from Columbus to, or near, West Point.

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Sec. 12. And be it further enacted , That in case four hundred thousand dollars of the stock of said company shall not be taken within two years after the passage of this act, and the work be commenced within one year thereafter and completed within three years thereafter, then the privileges and rights granted by this act are to be forfeit and lost to said company. Sec. 13. And be it further enacted , That all trespasses and intrusions on said road of an injurious intent or tendency, shall be a misdemeanor, and on conviction in the superior court, shall be punishable by fine or imprisonment in the common jail of the county. And if any person shall wilfully and maliciously destroy, or in any manner hurt, damage or obstruct, or shall wilfully and maliciously cause, or aid and assist, or counsel and advise any other person or persons to destroy, or in any manner hurt, damage or obstruct the said railroad, or any bridge, vehicle, edifice, right or privilege connected therewith, such person so offending, shall be liable to damages on the civil side of the court, and shall also be liable to be indicted, and on conviction, shall be imprisoned in the penitentiary for a term not less than four years; the one half of the fines imposed by the court under this act shall go to the prosecutor, and the other half to the company. Sec. 14. And be it further enacted , That the power of making the by-laws, and of appointing such officers, agents and servants as the business of the company may require, and of entering into contracts in its behalf and controlling generally its affairs, shall be exercised by the president and directors of said company. Sec. 15. And be it further enacted , That after the company chartered by this act shall be organized, the president and directors thereof shall be authorised from time to time to call on the stockholders for the payment of such instalments on the shares subscribed as they may deem necessary and expedient for the prosecution and completion of the aforesaid railroad and the works therewith connected, until the whole of the stock subscribed shall be paid in. And the board of directors shall give ninety days' notice in the Macon Gazettes, by publication once a month, of the amount of the instalments so required to be paid, and the time of payment. And a failure on the part of any stockholder to pay up any one of the instalments so required to be paid as aforesaid, shall induce a forfeiture of the share or shares on

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which such default is made, and of all past payments thereon; and the same shall rest in and belong to said company, and may be appropriated, as they shall see fit, to the purposes for which the company is chartered. Sec. 16. And be it further enacted , That it shall be the duty of the president and directors, as soon as may be after the organization of the company, to issue to each subscriber scrip, or certificates of the stock held by him, and of the amount paid thereon; and the shares of said stock, held by any person, shall be assignable and transferable in law; and the board of directors shall and may by by-law regulate the mode of issuing certificates and making transfers of stock: Provided , that no one person or company shall be allowed to subscribe for more than one hundred shares: Provided , that nothing contained in the foregoing charter shall be so construed as to prevent the construction of all such roads as shall be ordered by the inferior courts of the counties through which said railroad shall pass. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. AN ACT to be entitled An Act to incorporate the Great Western Railroad Company, to protect its rights and define its liabilities. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Thomas Butler King of St. Simons, John Rawls and

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Delamar Clayton of Hawkinsville, Henry Solomon of Twiggs county, Charles J. M`Donald and Henry G. Lamar of Macon, Peter J. Williams and John G. Polhill of Milledgeville, Stephen C. King and Isaac Abrahams of Wayne county, Seaborn Jones and James Boykin of Columbus, and such other persons as they may associate with them be, and they are hereby declared to be a body politic and corporate, with perpetual succession of members, with right to have, use, and at pleasure to alter, a common seal; to plead and be impleaded, answer and be answered unto in any court having jurisdiction of the controverted matter; to purchase, hold and sell at pleasure all property, real and personal, that may be necessary for the objects of their association, and to adopt such by-laws, rules and regulations as may be necessary for their own government, and not inconsistent with the constitution and laws of this State and of the United States. Sec. 2. And be it further enacted , That the corporate name of the said company shall be the Great Western Railroad Company, and that the said Thomas Butler King shall be the president thereof till his successor shall have been regularly elected, according to the rules that may be adopted by said corporation in conformity with the provisions of this act. Sec. 3. And be it further enacted , That the said corporation, for the purpose of effecting a more complete communication between the interior of this State and the Atlantic coast and navigable waters thereof, shall be, and they are hereby authorized and empowered to employ one or more competent engineer or engineers and surveyors, to ascertain and survey a route, and make an estimate of the practicability and expense thereof, beginning at the city of Macon and running down to the junction of the Oconee and Ocmulgee, or the highest point on the latter river, of perpetual steamboat navigation, in their discretion, for the purpose of ascertaining the best, cheapest and most eligible route for a railroad to the point that may be selected; and the said route may be surveyed on either or both sides of the Ocmulgee, at the discretion of the corporation. Sec. 4. And be it further enacted , That the said corporation shall be, and they are hereby authorized and empowered to continue their surveys and railroad to the town of Brunswick in the county of Glynn; and also to survey and construct a branch of their said railroad from any point thereon to the city of Columbus, in the county of Muscogee.

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Sec. 5. And be it further enacted , That after said survey or surveys shall have been made and estimated as aforesaid, the said company, or their board of directors, should they then have one, shall be at liberty to select either route for the purpose of constructing a railroad, and shall deposit in the executive office a written certificate of such selection, signed by the president of the company, and sealed with their corporate seal. As soon as said certificate shall have been deposited, the said company shall be authorized and empowered to run and construct a railroad of such dimensions and materials as they may deem expedient, beginning their work at the point selected at the confluence of said rivers, or on the Ocmulgee river as aforesaid, and conducting the same to the city of Macon, in the county of Bibb. Sec. 6. And be it further enacted , That the said company shall have the privilege of continuing their said railroad from the city of Macon to the most eligible and practicable route they may, under the advice of their engineers, select, towards and up to the Tennessee or Alabama line, in that portion of Georgia now known as the Cherokee country: Provided , they do not interfere with the privileges of any other company, or run within their chartered limits, without the express assent and approbation of said company; and provided further ; that they shall not commence their operations above the city of Macon until that portion of the road below the same shall have been completed, or so nearly so as to leave no doubt of its completion. Sec. 7. And be it further enacted , That should the selection of the said contemplated route for the railroad be on the north side of the Ocmulgee, then the said company shall be authorized and empowered to survey, run and construct a branch of said railroad from the town of Milledgeville, to fall in with the route from Macon, at the nearest, easiest and most accessible point, at their discretion. In the event of said route being selected on the north side of the Ocmulgee river, then the said company may, in their discretion, after the completion of the road from the point selected on the Ocmulgee to Macon, extend the route of the Milledgeville branch towards and up to the Tennessee or Alabama line, in that portion of Georgia now known as the Cherokee country. But they shall not be at liberty to extend the said road both from Macon and Milledgeville up the country, but shall be confined to one of those routes, which shall be selected and certified in the manner prescribed for the route

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below Macon, in the fourth section of this act. Nor shall the extension of the road above Milledgeville be allowed, till the portion of the road below Macon, and the branch connecting it with Milledgeville shall have been completed, or so nearly so as to leave no doubt of their completion. Sec. 8. And be it further enacted , That no other company, nor any other person or persons, or authority whatsoever, shall be allowed to construct any railroad or canal, to run parallel with that herein granted, within the space of ten miles on either side; and the said company shall be allowed the space of four years in which to commence the construction of their works, and shall be finished as far as Macon in eight years, and shall have exclusive privilege of said route, and the roads and improvements made thereon, for twentyfive years after the same goes into operation, in the transporting of merchandise, produce, or passengersthe same privileges to be extended to the route above Macon, or Milledgeville, according to the selection made. Sec. 9. And be it further enacted , That the said company be authorised and empowered to cause books for the subscription of stock to be opened, at such times and places as they may deem most conducive to the attainment of the stock required. Sec. 10. And be it further enacted , That the capital stock of said company shall be two millions of dollars, to be divided into shares of one hundred dollars each, with the privilege of enlarging the capital in such sum as may be necessary for the completion of the works of the company, and at such times and in such manner as the company may think fit. And when stock is taken, the subscribers for the same shall pay at the time of subscription the sum of five dollars for each share taken, and shall receive a certificate therefor from any member of the board, or their president. And the company, or their directors that may be chosen, shall call in such per-centage upon each share as they may from time to time deem expedient and proper. Sec. 11. And be it further enacted , That when in the opinion of the board a sufficient quantity of stock shall have been taken to warrant the commencement of operations, the company or stockholders shall assemble, or a majority of them, and adopt such by-laws for their election of officers as they may think properin which by-laws they may designate the number and description of their own

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officers, their powers, duties and liabilities, and their terms of office; and the officers thus designated and elected, shall be subject to such legal responsibilities as said by-laws may impose. Sec. 12. And be it further enacted , That the said company, after selecting their route, may run their railroad along the same, paying to the owners of land over which the same may pass such indemnity as is herein provided for, for the value of the land covered by the road, and for three hundred feet on each side thereof for the procurement of timber, earth, stone, and other materials, and for the erection thereon of such buildings or other improvements as may be necessary; and when any person shall own land on both sides of said railway, he shall be allowed to make a road or bridge across the same, so as not to obstruct the free passage along the same; but no person shall be allowed to cross the same, except over such road or bridge, without the special assent of the company: Provided , that the said company shall construct the bridge or bridges aforesaid at their own expense. Sec. 13. And be it further enacted , That any dispute which may arise between the said company and the owner of any land over which, or along which, the said railroad may pass, shall be determined by sworn appraisers, two to be selected by the company, two by the landholder, and a fifth by the four thus chosen, whose award shall operate as a judgment for the amount against the company, and shall be enforced by execution issued by the clerk and attested by one of the justices of the inferior court of the county where the land lies, where the said award shall be recorded as other records or judgments in said inferior court; from which decision either party dissatisfied may appeal to the superior court, as in other cases of appeal from the inferior court, and the value be tried by a special jury; and the final determination of the controversy in either case shall vest in the company a fee simple to the land, and in the owner of the land a right to issue execution and collect the same by the sheriff, as in ordinary judgments. Sec. 14. And be it further enacted , That if the route of any road or roads contemplated and authorized to be constructed by this act, shall cross any tract or tracts of land which have not been granted, the said corporation shall be, and they are hereby authorized and empowered, to take out the grant or grants for any such tract or tracts of land,

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and lay and construct their works thereon; and in case the drawer or purchaser of any such tract or tracts of land as aforesaid, shall not come forward within two years from the taking out the grant thereof, then the title to said tract or tracts of land shall vest in said corporation; but if the drawer or drawers, purchaser or purchasers, shall come forward within the space of two years from the date of the grant or grants of the said tract or tracts of land, then, and in that case the said corporation shall only hold such portion or portions of said tract or tracts of land, as shall be necessary for the prosecution of their undertaking, and on the same terms as provided for by the thirteenth section of this act: Provided , that nothing in this section shall debar the right of orphans. Sec. 15. And be it further enacted , That whenever the said road shall intersect any public road, the company shall be bound to construct and keep in repair a safe and substantial bridge or way across the said railroad, and any public bridge or road, which shall not obstruct said railroad, may be built across the same by the public authority. The said railroad may also pass and cross all canals, rivers and water courses, so as not to obstruct the navigation, and other railroads, so as not to usurp their chartered rights or injure or obstruct a free passage along them. Sec. 16. And be it further enacted , That any person who may wilfully trespass upon the chartered rights and immunities of said corporation, or who may injure the property of said company, or who shall throw earth, stones, logs, trees, rubbish, or any other matter or thing whatsoever on or upon said railroad, or who shall in any manner injure said road or its appurtenances, shall be indicted before the superior court for a misdemeanor, and on conviction, shall be punished by fine and imprisonment at the discretion of the court; and shall moreover be liable to an action for civil damages in trespass or case to the said company or any individual whose property or person may be injured thereby. And the said company shall be considered as common carriers, and any person whose goods, wares or merchandise, or other article or thing conveyed by such company, or in their custody for conveyance, or whose person shall be injured by the misfeasance, malfeasance, neglect or mismanagement of said company, its officers, or servants, or agents, shall be entitled to recover damages by suit against said company.

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Sec. 17. And be it further enacted , That said company, or its directors when chosen, shall have authority and right to settle, determine, and at pleasure to alter all-rates of toll, freight or passage of things and persons, or either, that may be conveyed upon the railroad; and for the collection thereof, the said company or its proper officers shall be at liberty to detain all things conveyed on said road, and all baggage, for the security of freight or passage money till the same be paid, at any time before the said things or baggage go out of the possession of the company or its officers: and if the freight or passage money be not paid within fifteen days after the detention of said articles, the company may expose so much thereof to public sale and outcry as may pay the amount due. Sec. 18. And be it further enacted , That the stock of said company may be transferred in such way as they may direct in their by-laws. Sec. 19. And be it further enacted , That nothing herein contained shall be so construed as to prevent the State of Georgia, or any other company that may now be incorporated, or may hereafter be incorporated, from crossing the railroad herein granted and contemplated, or uniting or falling in with the same, whose object may be to carry produce or other things to any place within the state of Georgia; and the State of Georgia may, at any time, take any amount of stock not already subscribed for in said company, and become a joint stockholder, subject to such restrictions and conditions as may be arranged between the State and the Company. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT to aid and facilitate Thomas Spalding, Esquire, in the execution of his Railroad from the Ocmulgee river to Flint river; and to extend similar aid and facilities to the Brunswick and Florida Railroad Company, and to the Great Western Railroad Company. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That it shall and may be lawful for Thomas Spalding, Esquire, who is the sole undertaker, owner and proprietor of a contemplated Railroad authorized to be constructed from the Ocmulgee to the Flint river by an act of the last General Assembly, to grant or take out the grants, free of the grant-fees for the same, of all lots, tracts or squares of land, now ungranted, over and through which his said contemplated railroad will pass, as appears and is represented by the plan of a survey of said road made for and returned to the late Governor, by said Thomas Spalding. Sec. 2. And be it further enacted , That the lots, tracts or squares of land so authorized to be granted or taken out, shall be granted in the name of the persons who drew the same, subject to their claim, title and possession: Provided , the same be made on or before the day of the expiration of the time now allowed for granting such lots: and in case the drawer or drawers of any one or all of said lots, tracts or squares of land, shall within such time claim or desire to have possession of the lot or lots drawn and so granted to his or their names, then and in that event it shall and may be lawful and competent for the said Thomas Spalding to proceed as directed and authorized by the terms of the act granting the privilege to construct said railroad. Sec. 3. And be it further enacted , That should said lots of land not be claimed, as herein provided, the said Spalding shall be entitled to hold in fee simple such parts of the same as said road may be located upon, and one hundred yards on each side thereof: Provided , said railroad be completed according to the charter, and not otherwise.

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Sec. 4. And be it further enacted , That all the benefits and privileges granted by the provisions of this act shall extend to the Brunswick and Florida Railroad Company, and to the Great Western Railroad Company. Sec. 5. And be it further enacted , That all laws and parts of laws militating against the true spirit and meaning of this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 23d Dec. 1835. AN ACT to be entitled. An Act to amend an act entitled An Act to incorporate the Central Railroad and Canal Company, of Georgia, to alter and change the name of said company, and to give to the said company Banking powers and privileges. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That for the purpose of laying, building and making a railroad communication from the city of Savannah to the interior of the State, the subscribers to the Central Railroad and Canal Company of Georgia, and such other persons as shall take stock under this act, and their assigns, shall hereafter be a body corporate, by the name and style of the Central Railroad and Banking Company of Georgia, and by the said corporate name shall be, and are hereby made capable and able in law to have, purchase, receive, possess,

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enjoy and retain to them and their successors, lands, rents, tenements, hereditaments, goods, chattels and effects, of whatsoever kind, nature or quality the same may be, and the same to sell, grant, demise, alien or dispose of, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in courts of record, and also to make and have a common seal, and the same to break, alter or renew at their pleasure; and also by and through their board of directors, to ordain, establish and put in execution such by-laws, rules and regulations as shall be necessary and convenient for the governing of the said corporation as to them may or shall appertain: Provided , that such by-laws, rules and regulations shall not be contrary to the laws and constitution of this State or of the United States, nor to the rules, regulations, restrictions and limitations herein prescribed: Provided , that said incorporation shall not purchase and hold more real estate than may be necessary and proper for the purpose of laying, building and sustaining said railroad, and such as shall have been bona fide mortgaged to it as security, or conveyed to it in satisfaction of debts previously contracted in the course of its dealings, or purchased at sales, upon judgments which shall have been obtained for such debts. Sec. 2. And be it further enacted , That the stock of the company shall consist of three millions of dollars, in shares of one hundred dollars each, and that the said company be formed on that capital; of which capital one half may be used for banking purposes, and not more, except as is hereinafter provided by the fifth and eighth sections of this act, before the completion of the work, when any capital stock unemployed may be used in addition for banking purposes: Provided , that twenty-five per centum of each instalment, to be used for banking purposes, be paid in specie. Sec. 3. And be it further enacted , That books of subscription to the stock of said company shall again be opened at such time and places as shall be appointed by the corporation of Savannah, and shall remain open at each place for the space of two days, giving at least thirty days' notice in the gazettes of Savannah, Macon and Milledgeville. And on the opening of such books the commissioners shall require from those who have already subscribed for stock in the said company, the payment of the further sum of twenty dollars on each share so subscribed, and on the failure of

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any such subscriber to pay the said instalment on said stock so required, the right of such subscriber to be considered a stockholder shall be forfeited, and such subscriber shall be entitled to receive back from the company the instalment of five dollars already paid. And the said commissioners shall be authorized to receive further subscriptions to the capital stock of said company, and to require the payment on each share of such new subscription, of the sum of twenty-five dollars. And on the closing of the books of subscription, the commissioners for places other than Savannah, shall forthwith transmit the books of subscription and the money by them respectively received to the commissioners at Savannah, who shall consolidate all the subscriptions; and if on consolidation a greater number of shares than thirty thousand shall have been subscribed for, it shall be the duty of the said commissioners to seale down said subscriptions from the new subscriptions, leaving to those who are at the time of the passage of this act already subscribers, and who shall have paid up the additional sum of twenty dollars per share, the full amount of stock subscribed for by them at this time, and reducing the new subscriptions from the largest of such subscriptions: Provided , that such reduction shall be made in such manner as that no subscription shall be reduced in amount while any one new subscription remains larger. Sec. 4. And be it further enacted , That for the well ordering the affairs of the said corporation, there shall be nine directors, to be chosen by the stockholders or proprietors of the capital stock of said company, at a time and place to be designated by the commissioners at Savannah, after they shall have received twenty-five per cent. on the amount subscribed, and after thirty days' notice of such election shall have been given in the gazettes of Savannah, Macon and Milledgeville, when a plurality of votes given in shall be necessary to make a choice; and those who shall be chosen shall be capable of serving as directors until the first Monday of January next ensuing the time of such election; when and on which day in every ensuing year thereafter, a like election for directors shall be had and held. And the said directors, at their first meeting after such election, shall choose, by a vote of at least a majority of the board of directors, one of their number as president; and in case of his death, resignation or permanent removal from the State, or from the board of directors, the said directors shall proceed in like manner to fill the vacancy by a new

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election for the remainder of the term for which he shall have been so elected; and if from any cause it should happen that an election of directors should not be made on the day when, pursuant to this act, it ought to have been made, the same may be lawfully made on another day, to be provided for by the by-laws of said corporation; and in case of the death or resignation of a director, or vacancy in the board from any other cause, such vacancy shall and may be filled up by an election to be had at the first meeting of the board after the occurrence of such vacancy by the remaining directors. And if from any cause or casualty the board of directors shall be reduced to a number less than five, it shall and may be lawful for the remaining directors to order an election to be had after thirty days' notice, by the stockholders, to supply such vacancy, and make up a full board for the remainder of the term. Sec. 5. And be it further enacted , That the directors who shall in manner aforesaid be first elected, shall, so soon as the board shall have been organized, receive from the said commissioners the money received by them from the stockholders as aforesaid, and shall immediately thereafter prepare, and in good faith proceed to lay, build, and erect a railroad communication from the city of Savannah to Macon, and shall appropriate and apply to this purpose, of the money so received on subscription, at least the sum of two hundred and fifty thousand dollars, and shall commence banking operations, and may apply and appropriate to that purpose the remainder of the money so received on subscription, and also such money as may be paid by the stockholders in advance of a call: Provided , nothing contained in this act shall be so construed as to authorise said company to apply more than one-half of their stock to banking purposes, until the completion of said road. Sec. 6. And be it further enacted , That the directors for the time being shall have power to choose and appoint a subordinate board of directors, to be called the board of works, to conduct the work on the said railroad, and to supervise the accounts thereof, and to vest in such board such powers as may be necessary to enable it to accomplish the purposes of its appointment; and shall have further power to appoint a cashier and such other servants as shall be necessary for executing the business of the said corporation, and to allow to them and to the president (and if deemed advisable to the members of the board of works

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aforesaid) such compensation for their services respectively as shall be reasonable. And the said principal board of directors shall be capable of exercising such other powers and authority for the well governing and ordering the affairs of the said corporation, as to them shall appear conducive to the interest of the same. Sec. 7. And be it further enacted , That the board of directors may in its discretion establish branches of its banking powers, not exceeding three, one of which shall be at Macon, at such place and at such times as may to it seem expedient: Provided , that such other branches shall not be placed within any incorporate town or city contrary to the wishes of a majority of its citizens. Sec. 8. And be it further enacted , That the said board of directors shall have power to call in such further and other instalments on the capital stock subscribed as it shall think proper; and the failure of any stockholder to pay any instalment so called in, within the time appointed for the payment thereof, shall operate a forfeiture of the share or shares on which such failure to pay shall have been incurred; which share or shares so forfeited, and all payments theretofore made, shall accrue to the benefit of the said corporation, to be disposed of as the directors shall order and provide: Provided , that sixty days' previous notice shall be given, and that not more than ten dollars on each share shall be called in at any one time, and that not more than one instalment shall be called in within any three months, and that no call shall be made for any such instalment to be paid between the first day of July and the first day of November of any year; and it shall be lawful for the said board of directors at any time to receive in advance of a call, from any stockholder desirous to pay, either instalments or full payment of the subscription therefor; and when any instalment shall be so paid in advance the same may be used in banking purposes until the same shall be due on any call for instalments; and whilst so used in banking purposes, the same shall be deemed a part of the capital stock of said company used for banking purposes, and shall entitle the proprietor thereof to dividends thereon as such, according to the provisions of the seventh rule hereinafter established. Sec. 9. And be it further enacted , That certificates of stock, signed by the president and countersigned by the

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cashier, shall be issued to the stockholders, which shall be transferable on the books of the corporation only, by personal entry of the stockholder, his or her legal representative or assigns duly authorized for that purpose. Sec. 10. And be it further enacted , That the bills obligatory and of credit, notes and other contracts whatever on behalf of the said corporation, shall be binding and obligatory on the said corporation: Provided the same be signed by the president and countersigned by the cashier of the said company; and the funds of the corporation shall in no case be held liable for any contract or engagement whatever, unless the same shall be so signed and countersigned as aforesaid, except for such checks or bills of exchange as shall be made or endorsed by the cashier or president thereof, in the course of the business of said company, and except for such contracts as shall be made by the board of works or other agents duly appointed, under such rules and regulations as shall be prescribed by the by-laws of the same; and the books, papers and correspondence, and the funds of the corporation shall at all times be subject to the inspection of the board of directors and stockholders when convened, according to the provisions of this act. Sec. 11. And be it further enacted , That the said corporation shall not at any time suspend or refuse payment in gold and silver of any of its notes, bills or obligations; and if the said corporation shall at any time refuse or neglect to pay, on demand, any bill, note or obligation issued by the corporation, according to the contract, promise or undertaking therein expressed, to the person or persons entitled to receive the same, then, and in every such case, the holder of any such note, bill or obligation shall respectively be entitled to receive and recover interest on the same until the same shall be fully paid and satisfied, at the rate of ten per cent per annum, from the time of such demand as aforesaid. Sec. 12. And be it further enacted , That whenever a demand shall be made on this bank or its branches, by any bank or branch bank, by itself or its agent, the bank shall have the right of redeeming the bills thus demanded with the bills of the bank, or its branches, making the demand. Sec. 13. And be it further enacted , That the following rules, regulations, limitations and provisions shall form the

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fundamental articles of the constitution of the said corporation. Rule 1. The number of votes to which each stockholder shall be entitled, shall be according to the number of shares he shall hold, in the following proportion, viz. for one share one vote; for two shares, and not exceeding five, two votes; for every five shares above five, one vote: Provided , that no person or body politic shall be entitled in his, her or their own right to more than sixty votes; and after the first election no share shall confer a right of suffrage which shall not have been holden according to the rules of the company three calender months previous to the day of election. Rule 2. None but a stockholder, in his own right of twenty shares, and being a resident of this State, and not being a director of any other bank, shall be eligible as a director; and if any one of the directors, after being elected, shall at any time during the time for which he shall have been chosen, cease to be a stockholder in that number of shares, his seat shall thereupon become vacated. Rule 3. Not less than five directors shall constitute a board for the transaction of business, of whom the president shall always be one, except in case of sickness or necessary absence, in which case his seat shall be supplied by any director appointed by the board present for that purpose: Provided , that the bill or exchange business of the bank may be transacted by a committee of directors not less than three, of whom the president shall always be one, except in case of sickness or necessary absence, in which case the president or the committee may nominate a director to supply his place in such committee. And all business done by such bill or exchange committee, shall be by the unanimous vote of such committee, and shall be entered on the minutes of said company by the cashier, and by him reported to the next regular meeting of the board of directors. Rule 4. A number of stockholders not less than thirty, who together shall be proprietors of one thousand shares or more, shall have power at any time to call a meeting of stockholders for purposes relative to the institution, giving at least thirty days' notice in one or more of the gazettes of Savannah, specifying in such notice the object of such meeting. Rule 5. The cashier, other officers and servants of the said company, before they enter on the duties of their respective offices, shall give bond with two or more securities, to the satisfaction of the board of directors, in such sums as shall be required by the board, with condition for good behaviour

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and the faithful discharge of their respective duties, and all other duties required of them. Rule 6. The total amount of debts which the said corporation shall at any time owe, either by bill, bond, note, contract or otherwise, shall not exceed three times the amount of the capital stock actually paid in, and by this act authorized to be used and appropriated to banking purposes; and any special deposit which shall be received by the said company for safe keeping, whether of specie or other thing, shall be held for the use of the depositor at his risk, and shall, under no circumstances, be used by the said bank without authority from the depositor. Rule 7. Dividends of the profits of the capital stock used in banking purposes, or of so much as may be prudent, shall be declared and paid half yearly, if the condition of the company warrant it, until the road shall yield a profit, when and in which case, that profit may also in like manner be divided; and such dividend shall from time to time be determined by a majority of directors at a meeting to be held for that purpose, and shall in no case exceed the amount of the net profits actually acquired by the corporation, so that the capital stock thereof shall never be impaired. Rule 8. The directors shall cause to be kept fair and regular entries, in a book to be provided for that purpose, of their proceedings; and on any question, when one director shall require it, the yeas and nays of the directors voting shall be recorded in such book, and those minutes be at all times on demand produced to the stockholders at their general meetings. Rule 9. After the said company shall have been organized, measures shall immediately be taken to accomplish the purpose of a railroad communication between Savannah and Macon, and no further instalments shall be called in to be used for banking purposes until there shall have been called in, used and applied on the said road, instalments amounting to eight and one-third dollars per share, in addition to the sum of two hundred and fifty thousand dollars hereinbefore appropriated to that purpose, amounting together to the sum of five hundred thousand dollars for the purposes of the road; but the said company may use for banking whatever sums may be voluntarily advanced by the stockholders, until instalments are called in; and all instalments thereafter called in shall be appropriated in the ratio of at least one half to the uses of the said road, and the remainder may be, in the discretion of the board of directors, appropriated to banking purposes. Rule 10. The said company shall appropriate and apply

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the sum of two hundred and fifty thousand dollars of the sum paid in at the time of subscription to the running a railroad communication as hereinbefore provided, and shall also apply all sums or instalments thereafter called in to the same purpose, until the amount of five hundred thousand dollars shall have been applied and appropriated on said road. And after the application as aforesaid of the sum of five hundred thousand dollars there shall be applied and appropriated to the purposes of the said road at least one half of the amount of all further instalments called in until the road shall be complete from Savannah to Macon, and the necessary engines, cars, c. are procured. Rule 11. The undertaking of the said company to erect the said road, and to put it in complete order for the transportation of merchandise and passengers, and to supply it with all necessary cars, engines and all necessary apparatus, conveniences and services, shall be all times, until the same shall be complete in good faith, in a state of progress, and the funds of the said company shall not be diverted from this purpose except in so far as is allowed for banking purposes by this act. Rule 12. Until the completion of the said road from Savannah to Macon the funds of the said company appropriated to the said work shall on no account be used for banking purposes, nor shall that appropriated to banking purposes be used for the road, unless the directors shall be of opinion that it would be more for the interest of the company so to use it than in banking purposes. Sec. 14. And be it further enacted , That the said corporation be, and it is hereby authorized and empowered to make, construct and maintain a railroad for the transportation of produce, merchandize and passengers, of suitable width, depth and dimensions, in the most cheap, proper and practicable course, from the city of Savannah to the city of Macon, paying to owners of land through which the same may pass, a just indemnity, to be ascertained as herein-after provided for, for the value of the land covered by the railway, and for three hundred feet on each side of the same, (or so much of that quantity as the said corporation may require) for the procurement therefrom of timber, earth, stones and other materials, and for the construction thereon of toll-houses, slips, depots, wells, cisterns, pumps and other necessary and proper works and purposes; and whenever a person shall own land on both sides the railroad at any point, the company shall be bound to suffer such owner to construct, for his own convenience, such road

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or bridge across said railroad as may not obstruct or incommode the passage or free travel on or along the said railroad: but no person shall be at liberty to cross said railroad except by such bridge, without the express permission of such corporation. Sec. 15. And be it further enacted , That when any person shall feel himself aggrieved or injured by the said railroad being cut or carried through his land, or by the use of lumber or other materials from any lands in the neighbourhood of said road, or by any other works of the company, or when the said company cannot agree with any person through or on whose land the said railway or appendages shall be conducted, or from whose lands timber or other materials shall be taken for the use of the said road, as to the damage sustained, the amount of such damage or injury shall be ascertained and determined by the written award of three sworn appraisers, all of whom shall be dis-interested freeholders of the county where the land in dispute lies; to be chosen, one by the company, one by such owner, if he shall think proper, and one by the inferior court of the county where such land lies, or by any three of the justices of said court in vacation; but if such owner shall decline to appoint an appraiser, then two to be appointed by the inferior court, or three justices thereof in vacation as aforesaid, and one by the said company, the award of whom, in writing, shall operate as a judgment for the amount against the company, and shall be enforced by an execution from the inferior court, with the right of appeal to either party to be tried by especial jury at the next term thereafter of the superior court of said county, and the decision shall vest in the company the fee simple of the land in question, and in the other party a judgment for its value thus ascertained which may be enforced by the ordinary process of said court. In making the said valuation the appraisers, and in case of appeal the court of appeal, shall take into consideration the loss or damage which may occur to the owner or owners in consequence of the land being taken, or the right of way obstructed, and also the benefit and advantage he, she or they may receive from the erection and establishment of the railroad or works, and shall state particularly the nature and amount of each, and the excess of loss and damage over and above the benefit and advantage, shall form the measure of valuation of the said land or right of way: Provided , that no difference or disagreement between the company and any landholder shall operate by injunction or otherwise to suspend the progress

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of said work, but the same shall in all cases be continued without interruption, on adequate security being given by said company to the landholder to pay such damages as shall be assessed in manner aforesaid: And provided also , that it do not interfere with the house, mill or other building, or yard enclosure of individuals: Provided , that nothing in the above section shall be so construed as to authorize the appraisers to make any estimate or valuation by which the landholder shall become indebted to the incorporation: Provided , five days' notice shall be given to the owner of such land of the time and place of trial. Sec. 16. And be it further enacted , That whenever the said railroad shall intersect any public road, the company shall be bound to build a safe and substantial bridge or other means of crossing, to be afterwards maintained by the company, and any public or private bridges may at any time be built across the said railroad: Provided , such bridges shall not obstruct or incommode the use of the said railroad or subject the said company to any damage or expense. Sec. 17. And be it further enacted , That the directors for the time being shall have power to employ artists, managers and labourers, and appoint such officers as shall be necessary for executing the business of the company, and to allow them reasonable compensation for their services, and shall be capable of exercising all such other powers and authorities for the well governing and ordering the affairs of said company, as to them shall seem fit for the interests of said company. Sec. 18. And be it further enacted , That the said railroad and the appurtenances of the same shall not be subjected to be taxed higher than one half of one per centum upon its annual net income, and no municipal or other corporation shall have power to tax the stock of said company, but may tax any property, real or personal, of the said company, within the jurisdiction of said corporation in the ratio of taxation of like property. Sec. 19. And be it further enacted , That any person injuring the property of said company, or who shall throw earth, stones, trees, rubbish, logs or any other matter or thing whatsoever in or upon the railroad or its appurtenances, shall be punished by indictment, as for a misdemeanor, and on conviction may be fined and imprisoned

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at the discretion of the court, and shall also be liable for such damages as may be occasioned thereby, and which damages when so ascertained shall on application be by the court doubled, to be recovered by action, at the suit of the said company, or of any person aggrieved, in any court having jurisdiction. Sec. 20. And be it further enacted , That the said company shall be entitled to the exclusive use of the said railroad, with their cars or other modes of conveyance; and if the said company shall permit or suffer others to use the same, the said company shall be entitled and empowered to receive and collect tolls on all and every vehicle of whatsoever character or denomination, and all other things which by the regulations of said company, shall or may be allowed to pass on the said railroad; and that for the collection of tolls, the said company or its proper officers may stop and detain all vehicles, or produce, or merchandise using the said railroad, until the owners or carriers thereof shall pay the toll that shall be fixed by the said company; and also shall have power to regulate the form, weight, and all particulars of any and all such vehicles or cars so allowed to be used thereon; and any vehicles or cars used on such road without license from said company, or having such license and not conforming to the regulations of the company, may be seized and shall be forfeited to the said company. And if any owner, skipper, supercargo, carrier or other person in charge of any vehicle or car shall pass by any place appointed for receiving tolls without making payment thereof, he, she or they so offending shall forfeit and pay for each offence the sum of twenty-five dollars, to be sued for and recovered by action of debt in the manner, and subject to the same rules and regulations as debts under thirty dollars are now recovered, and costs of suit. Sec. 21. And be it further enacted , That the principal office of the said company shall be located at Savannah, with subordinate offices or agencies at Macon and such other places as the board of directors shall determine, and all elections and meetings of stockholders shall be held at such principal office only. Sec. 22. And be it further enacted , That the said company shall have full power and authority to carry such railroad over and across all or any rivers, creeks, waters or water courses that may be in the route thereof, or any branch thereof, by any suitable bridges or other means: Provided ,

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that when such railroad shall cross any navigable water course, that the same shall not be so constructed as to impede the navigation thereof. Sec. 23. And be it further enacted , That the railroad authorized by this act, and the act of which this is an amendment, shall be commenced within two years after the passage of this act, and shall be finished within eight years after the passage of this act, and on failure thereof, the charter hereby granted shall be forfeited. Sec. 24. And be it further enacted , That the exclusive right granted by this act, and the act of which this is an amendment, to the Central Railroad and Banking Company of Georgia, to construct, keep up and use a railroad between the city of Savannah and the city of Macon, and the banking privileges hereby granted, shall be, and continue for and during the term of twenty-five years, to be computed from the time fixed by this act for the completion of the works authorized by this act; and after the expiration of said term of twenty-five years, the legislature may authorize the construction of other railroads and canals between said cities: Provided , nevertheless, that the Central Railroad and Banking Company of Georgia shall, after the lapse of said twenty-five years, be, and remain incorporate and vested, as to their own works, with all the estates, rights, powers and privileges by this act granted and secured, except the exclusive right aforesaid, and except the banking privileges hereby granted; but the legislature may renew and extend that exclusive right, upon such terms as may be prescribed by law, and be accepted by said incorporated company. Sec. 25. And be it further enacted , That the act of which this act is an amendment, shall be in full force, except where it militates with this act. Sec. 26. And be it further enacted , That the persons and property in the said Central Railroad and Banking Company of Georgia shall be pledged and bound, in proportion to the amount of the value of shares that each individual or company may subscribe for or hold in said company, for the ultimate redemption of the bills or notes issued by and from the said company, in the same manner as in common commercial cases or simple actions of debt. Sec. 27. And be it further enacted , That no foreigner,

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by himself or agent, shall own, possess or control, in any way, either directly or indirectly, any stock in said company; and in the event of any stock being thus owned, possessed or controlled as aforesaid, the same shall become forfeited to the state of Georgia. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 14th Dec. 1835. RELIEF. AN ACT to authorize the Justices of the Inferior Court of Cherokee county to remit a forfeiture incurred by George S. Bradford. 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 justices of the inferior court of Cherokee county, or a majority of them be, and they are hereby authorized and empowered to remit the whole or any part of a forfeiture and judgment incurred by the said George S. Bradford in failing to appear at the superior court of Cherokee county: Provided , the said George S. shall in no case be exonerated from the payment of said forfeiture and judgment

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until he shall first make it satisfactorily appear that he has paid all costs that have accrued in said case. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 22d, 1835. AN ACT to be entitled An Act for the relief of Samuel Buffington. Whereas, there is now progressing in the superior court of Baldwin county, a suit at law against Samuel Buffington, against whom a scire facias has been issued on a bond or recognizance of one James A. Tippens, conditioned that the said James A. Tippens should appear at the superior court of said county of Baldwin, to answer the prosecution of the Central Bank of Georgia, in a charge of forgery against the said James A. Tippens, on which bond the said Samuel Buffington became the security of the said James A. Tippens for his appearance as aforesaid. And whereas, though there has been an utter failure to prosecute the said James A. Tippens, and even no attempt whatever to obtain a true bill of indictment against him, yet the said Samuel Buffington hath been called on by a writ of scire facias , or other legal process, to answer an action instituted against him as security on the said bond or recognizance of the said James A. Tippens, for remedy whereof, Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same ,

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That the inferior court of the county of Baldwin be empowered and fully authorized to remit and discharge all, or so much of said bond or recognizance as to them shall seem fit and proper: Provided , the said Samuel Buffington shall fully pay off and discharge all costs which the State may have incurred in prosecuting said bond. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT to be entitled An Act to authorize the trustees of the academies in Columbia county to relieve James Cartledge, administrator of the estate of Robert W. Walker, from the payment of the principal and interest of a judgment or execution obtained against him as administrator of said estate in the Superior Court of Columbia county, on a scire facias issued on a forfeited recognizance made by one William W. Simpson and the said Robert W. Walker, for the appearance of John D. Dickerson. Whereas, the memorial of said James Cartledge, administrator of the estate of the said Robert W. Walker, is very reasonable and should be granted, Sec. 1. Be it enacted by the Senate and House of Representatives

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of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the said trustees be, and they are hereby authorized to relieve, and forever discharge from the payment, or any part thereof, of the principal and interest of a judgment or execution issued therefrom, obtained in the superior court of Columbia county, on a scire facias issued on a forfeited recognizance made by the said William W. Simpson and Robert W. Walker for the appearance of John D. Dickerson. Sec. 2. And be it further enacted by the authority aforesaid , That on signing the remission aforesaid, on the judgment and execution aforesaid, by the said trustees, that the same operate as full satisfaction of such judgment or execution, so far as the said James Cartledge, as administrator of the estate of Robert W. Walker, is concerned. Sec. 3. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act be, and they are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24th, 1835. AN ACT to be entitled An Act to make permanent the site of the public building in the county of Walker, at the town of Chattooga, to incorporate the said town and appoint commissioners for the same.

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Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the town of Chattooga, in the county of Walker, shall be the permanent site of the public buildings in said county. Sec. 2. And be it further enacted , That John Caldwell, Daniel Gartmon, Lawson Black, Haley S. Tatum and John Allen, and their successors in office, be, and they are hereby appointed commissioners of the town of Chattooga, and shall have full power and authority to pass all by-laws, rules and regulations, which may be necessary for the government of said town, and the good order and health of the same: Provided , that such by-laws, rules and regulations shall not be repugnant to the constitution and laws of this State, and that no penalty that is imposed shall extend to life, limb or member, or other corporal punishment of free white persons. And, provided , also, that said commissioners shall not impose any poll tax on the citizens of said town, which shall exceed fifty cents within the term of one year. Sec. 3. And be it further enacted , That said commissioners shall continue in office from and after the passing of this act, until the second Monday in January, one thousand eight hundred and thirty-seven, on which day and on the said second Monday in each year thereafter, all the free white citizens of said town who shall be entitled to vote for representatives in the state legislature, shall assemble at the court-house in said town, and by ballot elect five commissioners, to continue in office for one year thereafter, and until successors are elected; said election to be held and conducted by any two justices of the peace, or two justices of the inferior court of said county, and one freeholder, under the same rules and regulations as is provided for the election of members of the legislature of said State: Provided , that in case of failure to elect said commissioners for said town on the day herein specified, the citizens of said town shall be authorized to proceed to an election on such day thereafter as they may deem fit: notice of said election to be first given and published, by affixing the same on the court-house door, ten days previous to said day of election. Sec. 4. And be it further enacted , That all laws militating

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against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT for the relief of J. S. Chipley. Whereas D. A. Wilds had a prosecution instituted against one William Dobbs, in the Superior Court of Lumpkin county, on a charge of assault and battery, alleged to have been committed on the said D. A. Wilds, and J. S. Chipley was one of the securities in the prosecution bond, and the said D. A. Wilds failed to appear and prosecute said Dobbs, by reason whereof the recognizance was forfeited and scire facias issued, whereupon judgment was had against J. S. Chipley alone: Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the justices of the inferior court of Lumpkin county, if they shall think proper, be, and they are hereby authorized to release said J. S. Chipley from the payment of the principal sum recovered against him in said judgment: Provided ,

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that he pay the costs which may have accrued thereon. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS. President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT for the relief of Isaac E. Cobb. Whereas, on the first Tuesday in April, one thousand eight hundred and thirty-three, Isaac E. Cobb became the purchaser of the State's interest in lot number two hundred and forty-three, fifth district of Carroll county, the same being sold as a fraudulent draw, by the sheriff of said county; and whereas, he made the first payment according to law, and at the time the second payment should have been made he transmitted the money to the proper officers but they refused to receive the same, because the sheriff's certificate did not accompany the second instalment; and whereas, he again transmitted the second instalment accompanied by the sheriff's certificate, which was refused to be accepted because the time of payment had then elapsed: Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the said Isaac E. Cobb be permitted to pay the second and third instalments with the interest thereon, since the

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same became due; and that upon his paying the same, together with the fourth and fifth instalments, as they shall become due, he shall be entitled to a grant for the same, as though the payments had been made in the terms of the law. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 8th Dec. 1835. AN ACT to relieve William Cline from certain disabilities herein specified. Whereas Jane Cline has sued for and obtained a divorce from her husband, William Cline, to wit: a divorce a vinculo matrimonii; and whereas under the laws of this State regulating divorces, the said William Cline is not entitled to like privileges with his wife Jane Cline: Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That William Cline be, and he is hereby authorized to marry and enjoy all the privileges of a single man, as

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fully and completely as if he had never been heretofore married. Sec. 2. Be it further enacted , That all laws and parts of laws repugnant to this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT for the relief of William S. Dunn and William W. Hardwicke. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the clerk of the superior court of the county of Columbia, and the solicitor general of the middle circuit, or either of them, be, and they are hereby required to enter full satisfaction on the judgment entered and the execution issued thereon, if any, against William S. Dunn and William W. Hardwicke, the securities of William H. Gill; Provided , they, the said sureties pay all the costs that have accrued in prosecuting said bond to judgment. Sec. 2. Be it further enacted by the authority aforesaid ,

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That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT to be entitled An Act to authorize Gabriel Jones, Clerk of the Court of Ordinary, when sitting for ordinary purposes, of Columbia county, to deposit money in bank, by him received as administrator, in virtue of his said clerkship, and to relieve him from the payment of interest thereon. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Gabriel Jones, clerk of the court of ordinary for the county of Columbia, when sitting for ordinary purposes, and in virtue thereof, and by appointment of the court aforesaid, administrator of all and singular the goods and chattels, rights and credits of divers estates of intestates, be, and he is hereby authorized to deposit in the Bank of Augusta, of the State of Georgia, all or any sum or sums of money by him received, of and belonging to the estates of intestates as aforesaid, in virtue of his said administration as aforesaid; together with all or any sum or sums he may also receive as aforesaid, by virtue aforesaid, and an order from and by the court aforesaid, for the sale of land and negroes belonging to the estates aforesaid: Provided , the said Gabriel Jones shall not be bound to deposit any more

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money belonging to said estates than he may think necessary for safe keeping. Sec. 2. And be it further enacted by the authority aforesaid , That from and after the making the deposit and delivery of the money aforesaid to the said bank, the said Gabriel Jones be, and he is hereby relieved from any responsibility of safe keeping said money, and liability for interest on the same: Provided , the said Gabriel Jones shall, on demand, draw out, or cause to be drawn out and paid over, the money aforesaid, so to be kept by the bank aforesaid, to the persons entitled to the same by law, or any part thereof. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24th, 1835. AN ACT to be entitled An Act for the relief of Benajah King of the county of Early. Whereas, it appears to this General Assembly that through a mistake or inadvertence of the receiver of the names of persons entitled to draws in the late land and gold lottery for the county of Early, the name of Benajah King, of the four hundred and fifty-eight district Georgia militia, and said county of Early, was entered by him as Benajah Cain; and it farther appearing that number one hundred and thirtyseven, nineteenth district, fourth section, and number ninety-four, fifth district, first section, were drawn to the name of Benajah Cain, when in fact no such person resided in said county or district:

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Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the Governor of this State be, and he is hereby authorized to cause grants to be issued for the abovementioned lots, to and in the name of the said Benajah King, on his paying the usual fees, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT to be entitled An Act for the relief of purchasers of certain lots of land in the county of Thomas. Whereas, by an act passed the twenty-first day of September, one thousand eight hundred and thirty-three, entitled an act to sell lots number ten and one hundred, and the State half of lots fraudulently drawn and legally condemned, in the counties of Thomas, Decatur, Early and Baker, and all other lots of land in said counties that have not been drawn and are yet the property of the State, for academical purposes, the sheriff of Thomas county did advertise and expose to sale certain lots of land, believing the same had not been drawn, and that they were the property of the State; and whereas, since said sale it has been ascertained that the following lots, viz. number three hundred and thirty-two, in the eighth district, and number two hundred and forty-six, in the thirteenth district of, originally Irwin, now Thomas county, and number fifty-nine,

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in the seventeenth district, and three hundred and twelve, in the eighteenth district of, originally Early, now Thomas county, were drawn before said sale, now, for remedy whereof Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the purchasers of said lots and their securities be, and they are hereby exonerated from paying the notes which they gave for the purchase of the same, and which were placed in the central bank of Georgia for collection. Sec. 2. And be it further enacted , That when any purchaser or purchasers of said lots may have sold the same before they discovered that said lots were drawn, and not liable to be sold as aforesaid, the treasurer of the State of Georgia shall refund to said purchaser or purchasers such sum of money as damages as shall be adjudged against said purchaser or purchasers, in favour of the person or persons to whom he, she or they may have sold, by a jury of the county in which said land may lie, upon the claimants who may have sustained the damage making oath and filing the same in the treasury department, that he, she or they did not know that the said lot or lots had been previously drawn in any of the said lotteries. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 22d, 1835.

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AN ACT to be entitled An Act for the relief of the purchasers of fractions in the fifth District of the county of Early. Whereas, it appears to this General Assembly that the fourth and last instalment due for fractions lying upon the dry line in the fifth District of the county of Early fell due upon the thirtieth day of July, one thousand eight hundred and thirty-five; and whereas, many of the purchasers of said fractions residing in distant parts of the State, transmitted the amount of said instalment by mail to the treasurer of this State, and that the same has been lost or suppressed, and has not reached that officer, whereby the said fractions have become forfeited to the State, and others have been deterred from transmitting in due season the amount due for the same: Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That all purchasers, or holders of certificates of the purchase and sale of any fraction or fractions in the fifth district of the county of Early, sold under the authority of an act of the General Assembly of this State, passed the twenty-second day of December, one thousand eight hundred and thirty, and which have become forfeited, shall have until the fourth day of July, one thousand eight hundred and thirty-six, to pay the instalments due upon said certificates, on their paying the principal and lawful interest on the amount due upon said certificates into the treasury of this State, any law to the contrary notwithstanding. And whereas, it appears that Edward W. Gill, of the county of Early, who became the purchaser of fractions two hundred and eighty-one, three hundred and twenty and three hundred and twenty-one, lying on the dry line of the fifth district of said county, transmitted to the treasurer of this State the original certificates of the purchase of said fractions, together with the amount of the fourth and last

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instalment due upon said certificates, and that the same have been lost: Sec. 2. Be it further enacted , That the Governor of this State be, and he is hereby authorized to cause grants to be issued to the said Edward W. Gill for the said fractions number two hundred and eighty-one, three hundred and twenty and three hundred and twenty-one, on the said Edward W. Gill paying into the treasury of this State the principal and lawful interest on the amount due upon said lost certificates. Sec. 3. And be it further enacted , That all laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. AN ACT for the relief of purchasers of lots of land, numbers ten and one hundred, heretofore reserved by the State for the education of poor children. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act it shall and may be lawful for the purchaser or purchasers of lot or lots of land, number or numbers ten and one hundred, in any of the counties in this State, reserved for the education of poor children, and heretofore sold by the authority of this State, whose right to the same may have become forfeited by

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a failure to pay any instalment agreeably to the provisions of the acts of the Legislature authorising the sale of said lots, to be, and they are hereby reinvested with the right to said lot or lots, except such as may have been sold by the authority of the State subsequent to such forfeiture: Provided , said purchaser or purchasers shall pay all or any instalments due and unpaid, with interest due thereon, on or before the first day of June next. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24th, 1835. AN ACT to be entitled An Act to authorize the trustees of the Academies in Columbia county to relieve William W. Simpson from the payment of the principal and interest of a judgment or execution obtained against him in the superior court of Columbia county, on scire facias issued on a forfeited recognizance made by the said William W. Simpson and one Robert W. Walker, for the appearance of John D. Dickerson. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the said trustees be, and they are hereby authorized to relieve and forever discharge from the payment or any part thereof of the principal and interest of a judgment or

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execution issued therefrom, obtained in the superior court of Columbia county on a scire facias issued on a forfeited recognizance made by the said William W. Simpson and Robert W. Walker, for the appearance of one John D. Dickerson. Sec. 2. And be it further enacted by the authority aforesaid , That on signing the remission aforesaid, on the judgment or execution aforesaid, by the said trustees, that the same operate as full satisfaction of such judgment or execution, so far as the said William W. Simpson is concerned. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT for the relief of James Wealy. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That whereas, a judgment was obtained in the superior court of the county of Emanuel against James Wealy, Sen., at the suit of John Love, trustee of the poor school fund of said county, for money disbursed by the said James Wealy as one of the trustees of the poor school fund of said county, and it appearing that the said James Wealy had fairly disbursed the sum placed in his hands as trustee, and had failed to take the necessary vouchers, but had acted in good faith:

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Sec. 2. Therefore be it enacted , That the said James Wealy be, and he is hereby released and discharged from any further liability from said judgment, so far as to the extent of his vouchers, which appear to have been fairly disbursed in the opinion of the now trustee; and that if said sum, or any part thereof, has been paid in obedience to said judgment, such sum shall be refunded to the said James or his legal representatives, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. RIVERS. AN ACT to keep open the Flint river, from the Old Agency in Crawford county to Town's Toll Bridge on said river, to appoint commissioners for the same, and to remove all obstructions to the free passage of fish, and such boats and craft as may be employed in navigating said river. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Samuel Winfry, Thomas Nelson and Jefferson Riley be, and they are hereby appointed by the authority

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of the same, commissioners of said river, with full power to remove all obstructions to the free passage of fish, and such boats and crafts as may be employed in navigating said river. Sec. 2. And be it further enacted by the authority aforesaid , That if any person or persons shall, at any time after the passing of this act, obstruct, by dams, fences or otherwise, more than two-thirds of said river, within the above specified limits, it shall be the duty of said commissioners forthwith to have all such obstructions speedily removed; and should such obstructions be again placed in said river, the owner or owners of such dams or fences, so offending, shall be subject to pay a fine not exceeding thirty dollars for every such offence, to be collected in any court having competent jurisdiction of the same, one half to be paid to the informer, and the other half to be paid into the county treasury for county purposes. Sec. 3. And be it further enacted by the authority aforesaid , That the abovenamed commissioners shall be allowed the sum of two dollars for each day they are engaged in carrying into effect the provisions of the above act: Provided , they render in their accounts, duly authenticated, to the judges of the inferior court of Talbot county, who are hereby authorized to pay the same out of the county funds. Sec. 4. And be it further enacted by the authority aforesaid , That should either of the abovenamed commissioners refuse to serve, that it shall be lawful for the judges of the inferior court to supply such vacancy; and whenever a vacancy occurs, by death, resignation or otherwise, that said court proceed to appoint fit and proper persons to fill such vacancy or vacancies. Sec. 5. And be it further enacted by the authority aforesaid , That nothing contained in this act shall be so construed as to militate against the laws heretofore enacted to keep open said river. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT to prevent obstructions in the Oconee river from the Green and Hancock county line, on its eastern bank, to its confluence with the Ocmulgee river, calculated to impede the free passage of fish, to appoint commissioners, and punish those who may attempt to defeat the same. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Joel Hurts, Hamlin Bass and Thomas Clopton, are hereby appointed commissioners in and for the county of Putham; that John Graybill, Prestley Harper and Robert Brayant are hereby appointed commissioners in and for the county of Hancock; that James Dickson, Elisha King and Michael Graybill, are hereby appointed commissioners in and for the county of Baldwin; that John Freeman, Ratliff Boon and James Jackson of the county of Wilkinson, are hereby appointed commissioners for the same; that Metcalf Fisher, Robert Fluker and Kinehen Taylor, are hereby appointed commissioners in and for the county of Washington, who, or a majority of whom, shall have complete power in their respective counties to survey, view, ascertain and designate the main channel of the said Oconee river, fifty feet in width of which is to be kept open for the free passage of fish. Sec. 2. And be it further enacted by the authority aforesaid , That the commissioners aforesaid, or a majority of them, in their respective counties, for which they are hereby appointed, shall proceed within twelve months after the passage of this act, to survey, view, ascertain, designate and determine what fifty feet of the channel shall be, and if they, upon such examination, shall find any fish trap or traps, or dams, or any other obstruction calculated to impede the free passage of fish in the said main channel, proper to be cleared out and removed, for the purpose of keeping open a sluice of fifty feet in width in the said main channel, they are hereby authorized to remove or cause to be removed all and every such obstructions, by calling to their

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aid, if necessary, any number of citizens in the respective counties in which they may reside. Sec. 3. And be it further enacted by the authority aforesaid , That if the owner of any such fish dam or any other person shall refuse and forcibly interfere, for the purpose of preventing said commissioners in their respective counties from removing said dam, or trap or traps, then it shall be lawful for either or any one of the commissioners to apply to any judge of the superior court or justice of the inferior court, and make oath that the owner of said dam refuses, and will not permit said dam, or trap or traps to be removed; upon which affidavit, it shall be the duty of said judge or justice to issue his warrant, directed to any constable or sheriff of the county, where the owner of said dam or obstruction may reside, against the person so preventing the removal of said dam; upon the arrest and return of said warrant, it shall be the duty of the judge or justice, upon showing that the person arrested has interfered for the purpose of preventing the removal of the said obstruction, either by menaces or otherwise, to require the person so arrested to enter into bond with good and sufficient security, in the sum of one thousand dollars, that he will not interfere with the aforesaid commissioners, in the removal of said obstructions; and if the person or persons so arrested shall refuse to enter into said obligation, then it shall be the duty of said judge or justice to commit the person or persons so arrested to the jail of the county in which he has been arrested, and to remain there until he enters into bond as aforesaid. Sec. 4. And be it further enacted by the authority aforesaid , That if any person or persons shall obstruct said main channel, after it shall have been designated by said commissioners in their respective counties, so as to impede the free passage of fish, he or they so offending shall be subject to indictment, and on conviction shall be fined in a sum not exceeding three hundred dollars, nor less than one hundred dollars, one half to go to the prosecutor, the other half to the county. Sec. 5. And be it further enacted by the authority aforesaid , That Gilly Moore, John Hall, Gray Credle, Y. P. King and John Coleby be appointed commissioners to keep open the Oconee river from the Hancock line to Reed and Gaston's Mills; and that the aforesaid commissioners, or a majority of them, be authorized to keep open the public or

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navigation sluice of said river for the free passage of fish to the width of thirty feet, and remove obstructions from the same; and that the commissioners aforesaid be empowered and authorized fully, according to the regulations and provisions of the preceding sections of this act, to keep open the river from the Hancock line to Gaston and Reed's Mills as above. Sec. 6. And be it further enacted by the authority aforesaid , That Elijah Warthan, Thomas Cheely and William L. Wilson of the county of Hancock, Joday Newsom, Daniel Harris, Kinchin Newsom of the county of Washington, and Adam Jones, Baton Hataway and Reuben May of the county of Warren be, and they are hereby appointed, or a majrity of them, commissioners to keep open the river Ogeechee, so as to admit the free passage of fish from Fenn's bridge, in the county of Washington, to the shoals of Ogeechee in Hancock county; and they, or a majority of them, shall have all the powers for the keeping open said river that the commissioners of the Oconee river have in the aforegoing act, any law to the contrary notwithstanding. Sec. 7. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835.

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AN ACT to appropriate a sum of money to improve the navigation of Flint river, and to appoint commissioners to carry the same into effect; also, to improve the navigation of Chattahoochie river. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the sum of ten thousand dollars be, and the same is hereby appropriated, out of moneys of the Central Bank, for the improvement of the navigation of Flint river, from Bainbridge in Decatur county, to the old agency in Crawford county, or to any point above that place which the commissioners hereafter appointed shall determine on. Sec. 2. And be it further enacted , That Sanders Durham, Francis Bacon, Walter L. Campbell, John L. Shelby, Alexander Shotwell, E. Jones, John W. Cowert, Green Tinsley and Thomas Rivers be, and they are hereby appointed commissioners for managing and superintending the improving the navigation of Flint river, from Bainbridge in Decatur county, to any point which they may select on said river, and they are hereby fully authorized to exercise a general discretion as to the manner of effecting said object, and to employ such artists, assistants or managers as they, or a majority of them, shall deem necessary to carry said object into effect; and before they enter on the discharge of said duty, they and each of them shall severally enter into bond with good and sufficient security, payable to his excellency the Governor and his successors in office, in the penal sum of double the amount he should draw as commissioner aforesaid, conditioned for their, and each of their faithful discharge of duty under the provisions of this act, and for their and each of their superintendence of said work, and for the true application of the said sum of money for the said purpose contemplated by this act, which said several bonds shall be taken and approved by the justices of the inferior court, or a majority of them, of the county in

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which the said commissioners severally reside, to be by them transmitted to his excellency the Governor as aforesaid, and to be by him filed in the executive office. Sec. 3. And be it further enacted , That upon the receipt of the bonds of said commissioners, executed in conformity to the above and foregoing section, and a certificate setting forth the contracts entered into for the purpose of effecting said improvement, it shall be the duty of his excellency the Governor to issue his warrant upon the Central Bank in favour of said commissioner for one-fourth of each contract entered into by persons contracting to do said work. Sec. 4. And be it further enacted , That the said commissioners, or a majority of them, shall let out said improvement by contract, and may or shall promise to pay to said undertakr the amount agreed upon in four instalments, to wit: one-fourth when the work is commenced, one-fourth when the work shall by the commissioners be judged to be half finished, and the other two-fourths when the work is completed: Provided , the said undertaker shall, on receiving the first payment, give bond and security, payable to his excellency the Governor, for the faithful performance of said work. Sec. 5. And be it further enacted , That should any vacancy occur in the board of said commissioners by death, resignation or otherwise, it shall be the duty of the remaining commissioners, or a majority of them, to fill such vacancies when they may occur; and in all cases where new commissioners are to be chosen, they shall comply with the requirements contained in the second section of this act. Sec. 6. And be it further enacted , That it shall be the duty of the commissioners to keep a fair journal and record of their proceedings, and report their actings and doings, from time to time, to his excellency the Governor, and whenever they may be required by him, showing the progress of said work, and on failure to do so, when required as aforesaid, they shall forfeit the per diem compensation hereinafter to be allowed, and it shall be the duty of his excellency the Governor to report to the next legislature all the information which he may receive from said commissioners relative to said work. Sec. 7. And be it further enacted , That each and every commissioner appointed as aforesaid, shall be entitled to

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compensation and receive one dollar per day for each and every day he shall attend to the superintendence of said work, which the governor is hereby authorized to pay out of the contingent fund, satisfactory evidences being adduced to him that the services have been rendered as contemplated by this act: Provided , that such term of service does not exceed twenty-five days per annum. Sec. 8. And be it further enacted , That the sum of twenty thousand dollars be, and the same is hereby appropriated for the improvement of the navigation of the Chattahoochie river, from the Florida line to the city of Columbus, and for the purpose of removing the shoals and obstructions in the same; and that the same shall be expended under the superintendence of three commissioners to be appointed by his excellency the Governor, under the same rules and regulations as are prescribed for the disbursement of the funds set apart by this act for the improvement of the Flint river. Sec. 9. And be it further enacted , That his excellency the Governor do draw from the Central Bank the money appropriated by this act, in case there be not a sufficient fund in the treasury to meet the same: Provided , nothing contained in the foregoing act, or any of the sections thereof, shall be so construed as to authorize the Governor to draw his warrant in favour of any of the foregoing commissioners for the sums to be disbursed by them, until said commissioners report to his excellency the plan of operations intended to be adopted by them, and the probable utility of such expenditure, and to make such report on the application of each instalment of such appropriation; and whenever his excellency shall deem the scheme visionary, or from the report made by the commissioners that the expenditure would be useless, he is hereby authorized to withhold his warrant and lay the matter before the next legislature. Sec. 10. And be it further enacted , That all laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT for the Appropriation of Money for the Improvement of the Oakmulgee river. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the sum of ten thousand dollars be, and the same is hereby appropriated for the improvement of the Oakmulgee river, from the city of Macon to its confluence with the Oconee. Sec. 2. Be it further enacted , That James Goddard, James R. Butts, of the city of Macon, Matthew M`Cormick, of Pulaski county, and George Wilcox and Thomas L. Wilcox, of the county of Telfair, be, and they are hereby appointed commissioners of the Oakmulgee river, from the city of Macon to its confluence with the Oconee; whereon a majority of them shall have power to draw the amount appropriated, or any part thereof, and to exercise such general directions in the prosecution of the improvement of said river, as to them may appear most productive to the best interest of the state: Provided , the money herein and hereby appropriated be applied exclusively to the removal of obstructions and impediments to the navigation of the said Oakmulgee river, of recent formation or accumulation, and not to the widening and deepening, or changing of the channel; and that the said commissioners give bond and security in the sum of twenty thousand dollars for the faithful application of the money herein appropriated. Sec. 3. And be it further enacted , That whenever a vacancy may happen, it shall be the duty of the commissioners to fill such vacancy within three months after it shall have happened, by ballot, twenty days public notice having been previously given of the existence of such vacancy and the time of filling it; and any one having a majority

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of the votes given in at such election, shall be duly elected. Sec. 4. And be it further enacted , That the said commissioners shall keep a fair and correct record of all their proceedings, subject at all times to the inspection and examination of the treasurer of the State, or by any person by him appointed for such inspection and examination; and if any part of the appropriation by this act shall be applied to any other purpose than is set forth by this act, the treasurer be, and he is hereby authorized and required, forthwith to commence suit on the bond of the commissioners, in any court or place having competent jurisdiction, and that he prosecute the same to recovery and collection, and that the Governor for the time being be notified of the same. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. ROADS. AN ACT to be entitled An Act to authorize the citizens of M`Intosh county to elect the Commissioners of their own roads. Sec. 1. 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 hereby enacted by the authority of the same , That all the citizens of M`Intosh county qualified to vote at the general elections held in said county shall, and they are hereby entitled to vote for commissioners of the public roads therein on the first Monday in January next, and on the first Monday biennially thereafter, so that the said commissioners shall hold their appointments for two years, and until others have been elected in their place; and should a commissioner in a district refuse to accept or to act, the other commissioners shall have power to appoint a person in his place, who shall continue in office until the next meeting of the board of commissioners, who shall have power to fill such vacancy until the next period of election ensuing. Sec. 2. And be it further enacted , That where a road runs through or into, or ends in two election precincts, that the precinct which now or hereafter shall apply the greatest physical force, whether black or white, shall have the right of electing the commissioners of such road: and all the commissioners elected under this act shall be clothed in the most ample manner, with all the powers vested in district commissioners, or the board under the existing road laws in said county. Sec. 3. And be it further enacted , That the said commissioners, when formed into a board at their annual meeting, or a majority of said board, shall have power to order and direct the black population of the county (liable to work on roads) to work once a year, and not exceeding two years, on any particular road which may be deemed of great interest to the county to be made good: Provided , that twenty-five per cent of said force in each district shall be retained to work on and keep the same in repair, and that the commissioners of the road so specially designated shall have power to commute with owners of lands living at a distance, but at a not less rate than one-fifth: And further , that it shall be the duty of the secretary of the board of commissioners to advertise each year, through the county, where the citizens are to elect district commissioners, agreeably to the records of the said board: And further , that the presiding officers at each precinct shall make a separate return to the clerk of the inferior court of said county of the persons so elected. Sec. 4. And be it further enacted , That all laws and

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parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 21st, 1835. AN ACT to be entitled An Act to authorize the Justices of the Inferior Court of Jefferson county to open and keep in repair neighbourhood roads in said county. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, upon its being made to appear to the justices of the inferior court of the county of Jefferson that a road is necessary through any part of said county, they shall have power, by order, to lay out and authorize the opening of the same; and shall also have authority to remove, according to laws now in force, obstructions in the aforesaid roads: Provided , that should there be any objection to the opening of any road aforesaid, the justices aforesaid shall, by order, appoint three commissioners, whose duty it shall be to survey the ground upon which said road is proposed to run, and report as soon as practicable upon the utility and expediency of the same; and should the report of said commissioners be favourable to the laying out of the road thus surveyed, the justices shall cause the same to be laid out and opened: and provided also, that such roads as shall be laid out and opened

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in pursuance of the provisions of this act, shall not be entitled to be worked upon as public roads. Sec. 2. And be it further enacted , That all laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. SITES OF PUBLIC BUILDINGS. AN ACT to be entitled An Act to make permanent the county site of Public Buildings in the town of Dahlonega in Lumpkin county. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the county site of the public buildings in the county of Lumpkin shall be made permanent in the town of Dahlonega, on lot number nine hundred and fifty, in the twelfth district and first section of, originally Cherokee, now

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Lumpkin county, agreeably to the decision of the inferior court of said vicinity. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. AN ACT to remove the site of the Public Buildings in the county of Dooly to the most eligible situation on Flint river, in the ninth district of said county. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the justices of the inferior court be, and they are hereby authorized to remove the county site of said county to the most suitable situation on Flint river, in the ninth district of said county, and to purchase so much land as may by them be deemed necessary to carry said object into effect: Provided , a donation by the owner or owners of said situation be not made to the county, as proposed in the petition for said removal; and that it shall be the duty of the justices of the inferior court to appoint commissioners to survey and superintend the disposal of the lots in the said county site; and furthermore, it shall be the duty of the said justices, or a majority of them, to estimate the comparative value of individual property in the town of Drayton previous to the passage of the act and afterwards, and pay the losses the property of said individuals may

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sustain out of the revenue arising from the sale of the lots, after a sufficient amount has been appropriated for the building of a court-house and jail, or out of any other moneys in the county treasury not otherwise appropriated, the same to be effected as early as practicable. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. Sec. 3. And be it further enacted , That the site of the court-house, when so situated as aforesaid, shall be known and called by the name of Drayton. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 25th Dec. 1835. AN ACT to amend an act entitled An Act to make permanent the Site of the Public Buildings in the town of Hamilton, Harris county, in the town of Newnan, Coweta county, and the town of Talbotton, in Talbot county, and the town of Greeneville in Merriwether county, and to incorporate the same, passed 20th December 1828, so far as relates to the town of Greeneville. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same ,

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That from and after the passage of this act, the following section shall be held and taken as part of the fourth section of the above recited act, viz. And the commissioners of the said town of Greeneville shall have exclusive government and control of all patrols and of all free white persons liable to work on the road, residing within the corporate limits of the said town of Greeneville. Sec. 2. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. AN ACT to alter and amend the first section of an act entitled An Act to appoint Commissioners to build a Court-House and Jail in the county of Lowndes, and to select a suitable place for the same, passed on the twentieth of December, one thousand eight hundred and thirty-four. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the first section of the act above stated be, and

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the same is hereby repealed; and that the following be, and the same is hereby enacted in lieu and stead thereof, to wit: that William Folsome, Jarrel Johnson, Samuel M. Clyet, Henry Strickland, John Knight, William Henry and John Lindsey be, and they are hereby appointed commissioners to contract for and cause to be built in the county of Lowndes, a suitable court-house and jail, and to do all other acts which the former commissioners under the above recited act were authorized and empowered to doany law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 23d Dec. 1835. AN ACT to be entitled An Act to repeal an act, passed the nineteenth of December, one thousand eight hundred and twenty-eight, to appoint Commissioners to select a site for the Public Buildings for the county of Marion, and to make permanent the same. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the act entitled An Act to appoint commissioners to select a site for the public buildings of the county of Marion and to make permanent the same, passed the nineteenth of December, one thousand

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eight hundred and twenty-eight, be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 23d Dec. 1835. SLAVES AND FREE PERSONS OF COLOUR. AN ACT to amend the twenty-ninth section of an act entitled An Act for Ordering and Governing Slaves within this Province, and for establishing a jurisdiction for the trial of offences committed by such slaves and other persons therein mentioned, and to prevent the inveigling and carrying away slaves from their masters, owners or employers, passed 10th May 1770. Whereas the twenty-ninth section of said act does not make it penal with free persons of colour to harbour, conceal or entertain any slave, who may be a runaway, but merely inflicts a fine on such free persons of colour: for remedy thereof Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, all free persons of colour within this State who shall harbour, conceal or

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entertain a slave or slaves, who shall be charged or accused of any criminal matter, or shall be a runaway, shall, upon conviction, (in addition to the penalty already provided for in said section) be subject to the same punishment as slaves are under said section of the above recited act. Sec. 2. And be it further enacted by the authority aforesaid , That any lawful constable having reason to suspect that runaway slaves, or such negroes who may be charged or accused of any criminal offence, are harboured, concealed or entertained in the house or houses of such slaves or free persons of colour, they or any of them are authorized to enter such house or houses, and make search for the said runaway or runaways, or accused criminal or criminals. Sec. 3. And be it further enacted by the authority aforesaid , That any law militating against this amendatory act be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. AN ACT to amend the several laws now in force in relation to Slaves and Free Persons of Colour. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, it shall not be

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lawful for the clerk of any county in this State to register as free persons of colour, or to grant a certificate of such registry to any person of colour, who shall not establish by proof, to the satisfaction of the inferior court of said county, that he or she, applying so to be registered, is bona fide and truly a free person of colour, according to and under the laws of this State, or has been registered in this State, or has exercised all the privileges of a free person of colour, for five years before the passing of this act. That it shall be the duty of such clerk to file in his office the evidence on which he shall grant such application, and that any clerk violating this law shall be guilty of a high misdemeanor, and on conviction shall be subject to a fine of three hundred dollars, to be paid one half to the informer, the other half to county purposes. Sec. 2. And be it further enacted , That from and after the first day of June next, it shall not be lawful for any person of colour, other than a slave, or a free person of colour duly admitted to register in manner aforesaid, to remain in this State; and if any free person of colour, other than as aforesaid, shall be found in this State after the said first day of June next, he or she shall be arrested and tried, and if convicted of a violation of this law, he or she shall pay a fine of one hundred dollars, and in default of such payment, it shall be lawful for the court to bind them out as labourers until the fine is paid by the hire of such labour, and shall moreover be liable and subject to a repetition of such conviction, fine and punishment, at the end of thirty days after any such conviction and payment of such fine, until he or she shall actually depart this State, and that it shall be the duty of such and every civil officer of this State to carry into effect this law. Sec. 3. And be it further enacted , That from and after the passage of this law, it shall not be lawful for any free person of colour who shall leave this State, other than to go to an adjoining state, again to return to it; and any and every free person of colour entitled under the laws of this State to registry, who shall after the passage of this law go out of this State to any place other than to an adjoining state, for a temporary or other purpose, he or she, so leaving this State, shall thereby for ever forfeit and lose his or her rights to registry as aforesaid, and all rights to reside in this State, and if thereafter found in this State, he or she shall be dealt with and subject to the pains and penalties described in the second section of this act.

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Sec. 4. And be it further enacted , That when any person of colour charged with a violation of this act, shall be claimed by any individual as a slave, such claimant, or his or her agent shall depose on oath, that such person of colour is in law the slave of such claimant, and not nominally held as such, or in violation or evasion of the fourth section of the act of one thousand eight hundred and eighteen, or other laws of this State, and in default of such oath, such person of colour shall be deemed and adjudged liable to the pains and penalties described in the second section of this act. Sec. 5. And be it further enacted , That from and after the passage of this act it shall not be lawful for any male slave who shall after the passage of this act have been in any state usually known as a non slave holding state, or in any foreign country, to come or be brought into this State by his owner, or any other person, and any and all male slaves who shall come or be brought into this state after the passage of this act, in violation thereof, shall on conviction thereof be forfeited and sold as a slave, and the net proceeds of such sale shall be paid, one half to the informer, the other half to county purposes. And the person or persons bringing or aiding such male slaves to come into this State, on indictment for misdemeanor and on conviction thereof, shall be fined and imprisoned, or either, at the discretion of the court. Sec. 6. And be it further enacted , That the inferior courts of the several counties of this State shall have jurisdiction of the several offences created or mentioned by this act, in all cases in which, by the constitution of the State, jurisdiction may be entertained by them. Sec. 7. And be it further enacted , That the provisions, prohibitions and penalties of this act shall not extend to any American Indian, free Moor or Lascar; but the burthen of proof in all cases of arrest of any person of colour, shall be on such person of colour to show him or herself exempt from the operations of this act. Sec. 8. And be it further enacted , That the inferior courts of the several counties in this State shall have power and discretion to refuse and deny to any free person of colour of bad character the right to register his or her name; and such free person of colour shall then, after such refusal, be deemed and held a free person of colour in this

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State in violation of this law, and be liable and subject to the pains and penalties herein prescribed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. AN ACT to be entitled An Act to prohibit the employment of Slaves and Free Persons of Colour from compounding or dispensing of medicines in Druggists and Apothecaries' stores, and to compel Druggists and Apothecaries to keep arsenic and other dangerous poisons under lock and key, c. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assem bly met, and it is hereby enacted by the authority of the same , That from and after the first day of January next, any person or persons having in his, her or their employment any slave or free person of colour in any apothecary shop or druggist store in this State, in the apothecary branch of their business, in putting up, compounding or dispensing, purchasing or vending any drug or drugs, medicines of any description, kind or sort whatsoever, shall be guilty of a high misdemeanor, and on conviction thereof in any court having cognizance of the same, shall be fined the sum of one hundred dollars for the first offence, and for every subsequent offence shall be fined in the sum of five hundred

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dollars, one half of said fine to go to the informer, and the other half into the county treasury for county purposes. Sec. 2. And be it further enacted by the authority aforesaid , That every druggist or apothecary, or any other person or persons vending any medicines of a poisonous quality, shall not vend the same to any person or persons of colour under the penalties aforesaid. Sec. 3. And be it further enacted by the authority aforesaid , That nothing in this act shall be so construed as to prevent druggists and apothecaries from employing any negro or free person of colour in that branch of their business which does not require them to open their drugs or medicines, or compound or dispense the same, but they may be permitted to employ said persons to perform the laborious part of their work under the immediate direction and control of some white person. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835.

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STARKESVILLE. AN ACT to be entitled An Act to vest the power of selling lots in the town of Starkesville in the Judges of the Inferior Court of Lee county, and more fully to define the line dividing the counties of Dooly and Lee. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the power of laying off and selling lots in the town of Starkesville shall be vested in the judges of the inferior court of Lee county, and the said judges are hereby authorized to make good and lawful titles to the purchasers of all lots in said town, sold by former commissioners, on said purchasers paying over to the order of said court any amount of money that may be due for said lots. Sec. 2. And be it further enacted , That the commissioners heretofore appointed to lay off and sell lots in the said town of Starkesville shall, immediately after the passage of this act, turn over all papers together with all moneys that may have been collected on the sale of lots not otherwise lawfully disposed of, subject to the order of the said judges of the inferior court. Sec. 3. And be it further enacted , That the said judges shall have a suitable lot of land near said town for the purpose of erecting an academy building thereon; and the said judges are hereby required to make a good and lawful title for said lot to the trustees of the Starkesville Academy and their successors in office for academical purposes. Sec. 4. And be it further enacted , That the judges

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aforesaid are hereby requested to employ a competent surveyor to run and plainly mark the line dividing the counties of Lee and Dooly according to a law passed the twenty-fourth of December one thousand eight hundred and twenty-seven, and said judges are hereby authorized to defray the expense of running said line out of the county funds of Lee county: Provided , said line shall strike said boundary line dividing the counties of Irwin and Dooly at the junction of Jackson and Mitchell's line, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 26th, 1835. STEAMBOAT COMPANIES. AN ACT to be entitled An Act to incorporate the Iron Steamboat Company with powers of Insurance. Whereas certain individuals, residing in the cities of Augusta and Savannah, have associated for the purpose of conducting a carrying trade by steam and other boats, and to enable them more advantageously to transact said business, have applied to this General Assembly for an act of incorporation; and whereas similar incorporations heretofore granted for like purposes have been found useful to the public

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Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Amory Sibley, Gasaway B. Lamar, John Bones, Moses Roff, Charles Lippitt, John M. Adams, David W. St. John, James Hubbard, William P. Rathbone, Samuel D. Corbitt, David L. Adams, and their associates, now connected in the business aforesaid, and their successors, shall be, and they are hereby constituted a body politic and corporate, by the name and style of The Iron Steamboat Company; and by that name and style may sue and be sued, plead and be impleaded, in any court of law or equity; may have and use a common seal, and break, alter or renew the same at pleasure; may make such by-laws, rules and regulations as the stockholders and directors may deem necessary or expedient: Provided , the same be not contrary to the constitution or laws of this State or of the United States; and may hold, purchase, receive, retain, enjoy, sell and transfer real and personal property, of such description as the necessity of their business may require: Provided , That the law regulating common carriers, now in force, shall apply to said corporation. Sec. 2. And be it further enacted , That the capital stock of said company shall consist of one thousand shares of one hundred dollars each, which shall be held by the present members of the company, and their assigns, in the respective proportions already fixed among themselves, and for which the proper officers of said company shall issue certificates, in the manner to be provided by their by-laws. Sec. 3. And be it further enacted , That, by a vote of the holders of two-thirds of the whole capital stock, at any meeting regularly called for the purpose, the stock of said company may, from time to time, be increased, by the creation of new stock, of one hundred dollars per share, as said stockholders may find it expedient: Provided , that the whole amount of capital stock shall never exceed four hundred thousand dollars. Sec. 4. And be it further enacted , That the said company shall be authorized, by steamboats of any description, and by other boats or vessels, as they may find it convenient, to navigate, for the transportation of freight or passengers, or both, any of the waters of Georgia, in common with other companies and private individuals; and they shall also be authorized to insure against loss or damage by fire, or by any

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and all risks whatever, by seas or in inland navigation, of such goods, wares and merchandize, as may be shipped on said boats or vessels. Sec. 5. And be it further enacted , That the business of said company shall be conducted and managed by twelve directors, of whom seven, shall be resident in Augusta, and five in Savannah; to be elected annually, on the first Monday in February, by the stockholders, under the restrictions and according to the scale of voting hereinafter provided. Said directors shall serve till the next annual election, and if from any cause such election shall not be holden on the day appointed, it may be holden on any subsequent day, on notice being given for at least twenty days in one or more of the public gazettes of both Augusta and Savannah; and until such election is holden, and the new directors accept their appointment, the former board shall continue in office. Sec. 6. And be it further enacted , That in the election of directors no person shall vote as the holder of any shares of stock except such as he has held for three calendar months previous to the election, and the scale of voting shall be as follows: For each share of stock, under five, one vote; for every two shares, from five to nineteen, one vote; for every five shares, above nineteen, one vote. And any stockholder may, by written authority, empower any other stockholder to vote in any election as his proxy: Provided , that such power shall avail for one election only, and that one for which it is expressly given. Sec. 7. And be it further enacted , That no person shall be a director of said company who is not the holder, in his own right individually, or as member of a mercantile firm, of ten shares of capital stock; and no person shall be a director who is concerned, directly or indirectly, in any other boating or freighting business, on the same waters with said company. Sec. 8. And be it further enacted , That the directors of said company, at their first meeting after each annual election, shall appoint a president from their own number, who shall be president of said company until the first regular meeting of the board of directors next afterwards elected; and if the president or any director shall cease to be such, the board shall fill the vacancy from the stockholders till

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the next regular election. The chief management and control of the affairs of the company shall be vested, till otherwise ordered by the stockholders, in the board at Augusta; but all the directors shall be authorized to sit and vote at any meeting of said board, and in the election of all officers, the directors residing in Savannah may vote by proxy; and the board sitting at Augusta, may appoint all such officers and regulate their duties and compensation as to them may seem expedient for the interests of the company. The business of the company at Savannah shall be managed by the directors resident there. Sec. 9. And be it further enacted , That the directors at each place shall meet weekly or oftener, and cause regular minutes of their proceedings to be entered in a book kept for that purpose; and upon the requisition of any member, the yeas and nays of the board, on any question taken there, shall be entered on said minutes; not less than a majority of the board resident at either place shall constitute a quorum for business. Sec. 10. And be it further enacted , That a majority of the whole board of directors may call a meeting of the stockholders by giving fifteen days' notice thereof in one or more of the public gazettes in each of the cities of Augusta and Savannah; and any number of stockholders representing two hundred or more shares of the capital stock, shall have the same authority. The officers of the company shall attend said meetings with their books and papers, and give all necessary explanations and information as to the transactions thereof. Such meetings shall be held in Augusta till otherwise ordered by the stockholders; and in all meetings of stockholders the scale of voting adopted for the election of directors shall prevail, except on the question of increasing the capital, hereinbefore specially provided for. Sec. 11. And be it further enacted , That the stock of the company may be transferred on the books of the corporation, and in no other mode whatever, by the stockholders and their legal representatives, in such manner as the regulations of the board of directors may point out. Sec. 12. And be it further enacted , That the directors shall, on the first Monday in January and July in each year, make such dividends to the stockholders from the profits of their business as to them may seen expedient: Provided ,

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that they shall in no case encroach upon the capital of said company to make any dividend whatever. Sec. 13. And be it further enacted , That until the first annual election in February next, the persons now acting as directors of the association shall be the directors of the corporation, with full power to transact all the business and control all the affairs and property thereof. Sec. 14. And be it further enacted , That the property of the stockholders shall be bound for all contracts or liabilities made or incurred by said company in proportion to the amount of their stock: and all transfers of stock which may be made within six months previous to the failure of said company, shall not release the property of such stockholder so transferring the same from any liabilities or contracts which were incurred by said company during the time which he, she or they were stockholders. Sec. 15. And be it further enacted , That said company shall not be entitled to the right of insuring, as herein provided, nor shall said company commence business as insurers until one hundred thousand dollars of the capital stock shall have been paid in. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT to be entitled An Act to incorporate the Macon Steamboat Company. Whereas, it is of vast importance to the mercantile and planting interest of this State to encourage the introduction and use of steamboats on our navigable waters; and whereas, there is now a company formed for navigating the Ocmulgee and Alatamaha rivers, under the name and style of the Macon Steamboat Company; and whereas, the persons so associated are desirous of being incorporated. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That James Goddard, Jeremy Stone, Joseph Washburn, George A. Lewis, Don. C. Hawes, Alexander Mitchel, George Collins, Loami Baldwin, Elijah Hendrickson, Charles Campbell, Lebbens Ensworth and John M. Way, with all such persons as now, or may hereafter become associated as stockholders in said company, be, and they are hereby incorporated and made a body politic by the name and style of the Macon Steamboat Company, and by that name shall be, and are hereby made able and capable in law to have, purchase and receive, and retain to them and their successors, lands, rents, tenements and hereditaments, goods, chattels and effects of what kind soever, and the same to sell, grant, demise, alien or dispose of; to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in courts of record or any other place whatsoever; to make, have and use a common seal, and the same to break, alter and renew at their pleasure; and also, by such person or persons as a majority of the said stockholders shall appoint for the management of the concerns and business of the said company, to ordain, establish and put in execution such by-laws and regulations as shall seem convenient for the government of said corporation, and to select and appoint all such agents, officers and servants as may be necessary for the discharge of the business of said company, and to fix the compensation and salary of such agents, officers and servants: Provided , said company

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shall hold no more real estate than is necessary for the purposes herein intended. Sec. 2. And be it further enacted , That if the said corporation shall at any time hereafter deem it advisable to increase their number of steamboats or towboats, for the transportation of merchandize and produce to and from Macon to Darien and Savannah, they shall have power and authority to increase the number of said boats to any extent, and to charge, ask and receive of and from any and all such person or persons as they may carry merchandize or produce for, such fees and compensation therefor as the said corporation or its agents or officers may deem fit, or as may be specified in the bill of lading. Sec. 3. And be it further enacted , That if any person or persons for whom said corporation shall transport merchandize or produce shall refuse to pay such freight or compensation as may be specified in the said bill of lading, (upon said merchandize or produce being tendered to the owner or consignee) then the said corporation, or its duly authorized agent or officer, shall have full power and authority to retain possession of said merchandize or produce, and after publicly advertising the same for such time as is required by law, may proceed to sell at auction a sufficient quantity of said merchandize or produce to pay the freight due for carrying the amount the bill of lading calls for, and all expenses incurred by advertising and selling, and the balance of the merchandize or produce shall then be delivered to the owner or consignee. Sec. 4. And be it further enacted , That said corporation shall have full power and authority to define and restrain their liability as common carriers for any loss or damage that may be sustained by any merchandize or produce on their boats, by any course whatever, and also to impose such restraints and restrictions as said corporation may deem advisable: Provided , that said corporation shall embody in their bill of lading or receipt such restraints and restrictions as they may impose. Sec. 5. And be it further enacted , That any future session of the legislature may alter, modify or repeal this act, as to them may seem fit and proper, and that a copy of this act, and all by-laws, rules and regulations made, ordained or passed in pursuance of this act, shall always be

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kept in a conspicuous part of every room used and occupied as an agency by the Macon Steamboat Navigation Company, and on each steamboat plying by virtue hereof, and upon failure thereof, this charter, and all the privileges herein granted, shall become forfeited. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835. AN ACT to incorporate the Ocmulgee Steamboat Company. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby the authority of the same , That Samuel Palmer, Henry Yonge, Jacob Rokimbaugh, William Frazer, George T. Rogers, Alexander M`Carty, Patrick Gibson, George Hall, William Patterson, Messrs. Winchope, Smith, Rogers Co., George Jewitt Co., Rae and Cotton, David Ralston, James C. Morgan, W. B. Parker, David Flanders, Cooke and Cowles, Myrick Napier and Freeman, Z. T. Conner and H. K. Carter, and their successors and assigns be, and they are hereby created and made a body corporate and politic by the name and style of the Ocmulgee Steamboat Company, and by that name and style are hereby made capable to have, purchase, receive, possess and enjoy lands, tenements, hereditaments, goods, chattels and effects, of what quality, nature and kind soever, to an amount not exceeding the capital stock of said

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corporation at the time of holding such property, and the same to sell, grant and dispose of, to sue and be sued, implead and be impleaded, answer and defend in all courts and places whatsoever, to make, have and use a common seal, and the same at pleasure to change or alter, and to make all such by-laws, rules and regulations as shall seem necessary for the government of said corporation, or the management of its affairs, not inconsistent with the constitution and laws of this State or of the United States. Sec. 2. And be it further enacted by the authority aforesaid , That the capital stock of the said corporation shall be forty-one thousand dollars, with liberty to increase the same to one hundred thousand dollars whenever it shall be deemed expedient by the owners of two-thirds of the stock of said corporation; but no one of the existing stockholders shall be compelled to take any part of the increased stock, but the same may be disposed of as the majority of the stock-holders determine, each stockholder to be entitled to one vote for every one thousand dollars of stock he, she or they may own, such ownership to be evidenced only by the books of the company. Sec. 3. And be it further enacted by the authority aforesaid , That the affairs of said company shall be managed either by six directors, to be chosen by the stockholders at such time and place, and in such manner as the said stockholders may by their by-laws determine, or by an agent or agents to be appointed by the stockholders by vote or resolution, each stockholder being entitled to one vote for each amount of one thousand dollars of said stock held by him, her or them. Sec. 4. And be it further enacted by the authority aforesaid , That the said corporation may enjoy the exclusive use of its own wharf or wharves; but shall not hold any other than may be necessary for the convenient transaction of their own business. Sec. 5. And be it further enacted by the authority aforesaid , That the said corporation be authorized to appoint such officers, and make them such compensation as they may deem necessary. Sec. 6. And be it further enacted by the authority aforesaid , That the said corporation shall be liable for all losses caused by fire and steam, if occasioned by their own negligence

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or that of their agents or servants, but not otherwise: Provided , that the law governing carriers, now in force, shall in no wise be altered by this section. Sec. 7. And be it further enacted by the authority aforesaid , That the said corporation shall be authorized to insure all property shipped in their boats against risks for which they are not legally liable. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 26th, 1835. TAX. AN ACT to impose, levy and collect a Tax for the political year one thousand eight hundred and thirty-six, on property, real and personal, and to inflict penalties for refusing or neglecting to comply with the provisions thereof. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the act passed on the twentieth of December, one thousand eight hundred and thirty-four, for imposing, levying and collecting a tax, together with all acts and parts of acts which said act revived and continued in force, shall be, and the same are hereby continued in force, as the tax act for the political year one thousand eight hundred and thirty-six,

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any law, usage or custom to the contraty notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. AN ACT to be entitled An Act to authorize each county in this State to retain the general tax for the years one thousand eight hundred and thirty-five and thirty-six, to be applied by the Inferior Courts for county purposes. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the justices of the inferior courts of each county be, and they are hereby authorized to retain the general tax of this State, for the years one thousand eight hundred and thirty-five and thirty-six, for county purposes. Sec. 2. Be it further enacted by the authority aforesaid , That the tax collectors of each county be authorized to pay over the money to the county treasurers. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT to enable the Justices of the Inferior Court of Campbell county to levy and collect an extra Tax for county purposes. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall and may be lawful for the justices of the inferior court of Campbell county, or a majority of them, annually to levy and collect from the citizens of the county of Campbell an extra tax, not to exceed one hundred per centum per annum on the amount of the State tax, in addition to the taxes now allowed by law, until the same shall be sufficient to defray the expenses incurred in building the court-house and jail in said county. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against the same be, and they are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT to authorize the Justices of the Inferior Court of Habersham county to levy an extra Tax for county purposes. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the justices of the inferior court of Habersham county be, and they are hereby authorized to levy an extra tax for the years one thousand eight hundred and thirty-six and one thousand eight hundred and thirty-seven, for county purposes. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. AN ACT to be entitled An Act to authorize the Justices of the Inferior Court of the county of Henry to impose and levy an extra Tax for the purposes therein mentioned. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same ,

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That the justices of the inferior court of the county of Henry be, and they are hereby authorized to levy an extra tax, not to exceed fifty per centum on the general tax for said county, for the purpose of supporting the poor of said county, at any time that the said justices of the inferior court may deem it expedient. Sec. 2. And be it further enacted , That it shall be the duty of the justices aforesaid to secure the collection of the said tax in the same manner as is provided by law for securing the collection of other county taxes, and that the collector of the said county be allowed the same per centage as is allowed by law on other taxes, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT to revive and continue in force An Act, passed the twentieth day of December, one thousand eight hundred and thirty-three, authorizing the Justices of the Inferior Court of Washington county to levy an extra tax for the purpose of building a Court-House in said county. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the above recited act shall remain and continue in force

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for the term of two years from and after the time specified in said act, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 21st Dec. 1835. AN ACT to be entitled An Act to assess a tax on all persons exhibiting of Shows of the different descriptions in the counties of Coweta and Merriwether, and Gwinnett and Union, in this State, and for other purposes therein named. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, all persons, either owners or principal managers, wishing to introduce and exhibit shows, for the sake of profit or gain, in the said counties in this State, shall pay the following tax, each and severally, to the clerk of the inferior court of each of the said respective counties in which they may wish to exhibit. For exhibiting on horses, the sum of twenty-five dollars. For introducing and exhibiting animals, beasts or vermin, or any other of the like description, the sum of ten dollars. For exhibiting in person, pictures, or fictitious figures, the sum of five dollars. Sec. 2. And be it further enacted , That it shall be the duty of the clerk of the inferior court of the several counties in this State, on application of any person wishing to exhibit

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either of the above denominated shows, and on their paying into the hands of the said clerk the amount of tax so assessed, agreeable to the provisions of this act, on each particular show that he may wish to exhibit, to grant said applicant a certificate in his own name, setting forth the particular description of such show so to be exhibited, under his hand and the county seal, on said applicant paying him the sum of one dollar for his services; and the certificate so obtained shall be a sufficient license for the person so applying to exhibit such show in said county and nowhere else, for the term of twelve months from the date and no longer. Sec. 3. And be it further enacted , That the money arising, agreeable to the provisions of this act, shall be placed under the direction of the inferior court of the several counties of this State, to be appropriated one half for the support of the poor, and the other half for building bridges and other county purposes. Sec. 4. And be it further enacted , That if any person or persons should exhibit either of the above denominated shows, without first complying with the second section of this act, he shall forfeit and pay for each and every violation of the provisions of this act, the several sums, viz. For exhibiting on horses, the sum of fifty dollars. For exhibiting animals, beasts or vermin, or any thing of the like description, the sum of twenty dollars. For exhibiting in person, pictures, or fictitious figures, the sum of ten dollars. Sec. 5. And be it further enacted , That on oath being made by any citizen of the county where such violation of the provisions of the above recited acts has been committed, before any judicial officer of this State, justice of the inferior court or justice of the peace, it shall be his duty to issue a warrant of attachment against the property and effects of the person so offending, or so much thereof as will fully satisfy the amount set forth, and all cost, directed to any sheriff, constable or their legal deputy to execute and return the same, and it shall be tried and governed under the provisions of the attachment law now in force in this State; and any person so exhibiting, on being called on to show his license from under the hand of the clerk and county seal, and failing or refusing to do so, shall be sufficient ground for any person to make oath of the violation of the true intent and meaning of the provisions of this act, and the fine so collected, agreeable to the provisions of this act, shall one half go to the informer,

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and the other as above provided for in the third section. Sec. 6. And be it further enacted , That the clerk of the said several counties shall record the license so granted and the different amounts received, and shall pay over all money received for granting such license to the county treasurer, or the clerk of the inferior court where there is no county treasurer, except his fee for issuing, and take the treasurer's receipt and record the same in his receipt book. Sec. 7. And be it further enacted , That nothing herein contained shall be so construed as to operate or interfere with the incorporation laws in this State. Sec. 8. And be it further enacted , That nothing contained in this act shall be held to affect or impair the powers heretofore granted to municipal corporations in this State, to prohibit, tax or license any of the shows or exhibitions or other matters mentioned in this act. Sec. 9. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 26th Dec. 1835.

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VOLUNTEER COMPANIES. AN ACT to organize a volunteer company, to be known and incorporated under the name of the Chasseurs of Horse of Camden County, and to supply the same with arms. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, so soon as any number of the citizens of Camden county liable to militia duty shall associate themselves together to the number of twenty or more, first having chosen their officers, and notifying the brigadier general of the first brigade of the division of militia that it is their desire to form a volunteer company, it shall become the duty of said officer to transmit to his excellency the Governor the number of men composing said company, together with the names of persons chosen as officers, and their respective grades. Whereupon it shall be the duty of the Governor to issue his commission to the officers to command the volunteer company of cavalry for said county, to be known by the name of the Chasseurs of Horse of Camden County; and by and under that name to be invested with corporate powers to pass all by-laws, rules and regulations for the government of said company not contrary to the constitution of this State or the laws thereof. Sec. 2. And be it further enacted , That the Chasseurs of Horse of Camden County shall not be required to attend squadron parade at Darien or elsewhere, and shall not be ordered out of the county except in case of actual war.

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Sec. 3. And be it further enacted , That all the members of the Chasseurs of Horse of Camden County shall be, and they are hereby exempted from the performance of all road duty. Sec. 4. And be it further enacted , That his excellency the Governor shall be authorized and required to furnish, forthwith, each member of the Chasseurs of Horse of Camden County with a sword, holsters and a brace of pistols, upon the application of the commanding officer of said company, and tendering a bond with good and sufficient security to the Governor or his successor, conditioned to be forfeited if on the dissolution of said corps the said captain or his successor shall fail to deliver said arms on the requisition of the Governor. Sec. 5. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 23d Dec. 1835. AN ACT to incorporate the Columbus Guards, and to extend to them certain privileges. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the several persons and members of the association

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formed at Columbus, in this State, under the name and style of the Columbus Guards, and others who may become members of said association, and the successors, officers and members of the same, shall be, and they are hereby declared to be a body corporate, by the name and style aforesaid; and by said name shall have perpetual succession of officers and members, with power to make, alter, change and amend such by-laws and regulations as may be agreed on by the officers and members of said association: Provided , such by-laws and regulations be not contrary to the laws and constitution of this State; that they shall be exempt from all battalion and general musters, except such as are ordered by and under the immediate authority of the Governor and commander-in-chief: Provided also, that nothing contained in this act shall be so construed as to exempt the said association from the liability of other militia of this State, on any emergency which authorizes calling out the militia for the suppressing of insurrection, or for repelling invasion. Sec. 2. And be it further enacted , That the Columbus Guards be, and they are hereby authorized to elect a fourth lieutenant, and are placed upon the same footing, in reference to the number of officers, as if upon the war establishment; and the Governor is authorized to commission such officers, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT to incorporate the Volunteer Light Infantry in the county of De Kalb. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passing of this act the volunteer company in the county of De Kalb, under the command of Captain E. N. Calhoun, are hereby incorporated under the name and style of the Volunteer Light Infantry in the county of De Kalb. The members thereof are hereby authorized and empowered to form such rules and regulations, and pass such by-laws for their government as they may think proper; which rules, regulations and by-laws, when formed and passed, shall be binding on such company to all intents and purposes, and in the same manner as if they were particularly mentioned in this act: Provided , such rules, regulations and by-laws shall not be repugnant to the laws of this State or of the United States. Sec. 2. And be it further enacted , That all acts and parts of acts militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835.

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AN ACT to incorporate a Volunteer Rifle Company in the county of Liberty, to be called the Taylor's Creek Rifle Company. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the company of riflemen on Taylor's creek, Liberty county, commanded by William G. Robinson, be, and is hereby incorporated under the title of the Taylor's Creek Rifle Company; and that the members thereof are hereby authorized and empowered to form such rules and regulations, and pass such by-laws for their own government as are necessary, and when formed and passed shall be binding on such company, and each individual thereof, to all intents and purposes: Provided , that such by-laws and regulations be not repugnant to the laws of this State or the United States. Sec. 2. And be it further enacted by the authority aforesaid , That a board of the officers of said company shall be formed of three or more, two of whom shall be competent to form a court of inquiry, and to try and fine delinquents for non attendance, or other default or misconduct, as members of said company; which court shall be governed by the laws and rules regulating company courts of inquiry in this State. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 21st, 1835.

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AN ACT to incorporate a Rifle Company in the county of Monroe, to be known by the name and style of the Monroe Rifle Company, and to extend to it certain privileges, c. Whereas, a volunteer military association has been formed in the county of Monroe, under the name and style of the Monroe Rifle Company; and whereas, the persons so associated under said name are desirous of being incorporated: Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the several persons and members of said association, and others who shall hereafter become members thereof, respectively, and the successors of officers and members thereof, shall be, and they are hereby declared a body corporate, by the name and style of the Monroe Rifle Company, and by said name shall have perpetual succession of officers and members, with power to make, alter, change and amend such by-laws and regulations as may be agreed on and adopted by the officers and members of said company for the government of said association: Provided , such by-laws and regulations be not contrary to the laws of this State and of the United States. Sec. 2. And be it further enacted , That the members of said volunteer company shall be exempt from all battalion musters except such as are ordered by and under the immediate authority of the commander-in-chief: Provided , that nothing contained in this act shall be so construed as to exempt said association from the liability of other militia of this State, on any emergency which authorizes calling out the militia for the suppression of insurrection, or for repelling invasion: And provided further , that nothing herein contained shall prevent the repeal of this act by a future legislature. Sec. 3. And be it further enacted , That all laws and

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parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 22d Dec. 1835. AN ACT to incorporate a Volunteer Company of Infantry, in the county of Morgan, to be called the Morgan Guards. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the company of Infantry in Madison, Morgan county, commanded by captain Nathaniel G. Foster, be, and they are hereby incorporated under the title of the Morgan Guards, and that the members thereof are hereby authorized and empowered to form such rules and regulations, and pass such by-laws for their own government and regulation as they may think proper; which by-laws and regulations, when formed and passed, shall be binding on such company and each individual thereof, to all intents and purposes: Provided , that such by-laws and regulations be not repugnant to the laws of this State or the United States. Sec. 2. And be it further enacted , That a board of officers of said company of three or more, two of whom shall be commissioned officers, shall be competent to form a court of inquiry, who shall have power to try and fine

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delinquents for non-attendance or other defaults or misconduct as members of said company, which court shall be governed by the laws and rules regulating company courts of inquiry in this State. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 26th, 1835.

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RESOLUTIONS WHICH ORIGINATED IN THE SENATE. IN SENATE. The committee to whom was referred so much of the Governor's message as relates to the movements of the abolitionists of the North, have endeavoured to bring to the consideration of the subject, that dispassionate deliberation its importance demands; and beg leave to make the following report: They would remark, that the formation of our present glorious Union, was a great experiment made by patriotism in the cause of civil liberty. Thus far successful, its results have been most beneficial, spreading with unexampled profusion over our extensive country, blessings which distinguish her above all othersthe offspring of common sufferings and common triumphs among the states. The preservation of this Union is dependent upon a community of sympathy and good feeling among their respective people. Any attempt by a portion of the people of one State to interfere, even indirectly, with the domestic institutions of another, has the inevitable tendency to destroy that feeling. Such an attempt is an insult to the state aggrieved, and the motives which impel it are at entire variance with that fraternal spirit which constitutes the people of these states brethren of one great family. But when such attempt involves the safety of the people of a

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state, the robbery of their property, the desecration of their constitutional rights, the violation of their domestic peace, infatuation herself must admit, that such attempt persevered in, will inevitably convert pre-existent good feeling into deadly hostility; the certain consequences of which are a sundered Union, and all the horrors of civil commotion. That such attempt is being at this time made by certain fanatics, by the distribution of pamphlets, prints, circulars, annuals, almanacs, and every species of publication, your committee, with mingled feelings of regret and indignation, believe cannot admit of doubt; yet it is a matter of heartfelt congratulation to the friends of Union, that the general and spontaneous expression of feeling which has burst from the patriotism and intelligence of the North, affords the cheering hope that her people are prepared to frown indignantly upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts. But notwithstanding the manifestation of this spirit, the movements of the domestic fanatic and foreign emissary, and the insidious means to which they resort, are fraught with so much peril to ourselves, our families, and our undoubted rights, that stern necessity, and a just regard for the peace and harmony of our country, demand that the people of this State should, in temperate, respectful, but determined language, declare their unalterable determination to protect their domestic institutions and constitutional rights from all interference, direct or indirect, from any and every quarter. Upon this point there can be no discussion, no compromise, no doubt. They found their rights upon the guarantees afforded by the constitution of the United States, and if the provisions of that charter are to be sacrificed to the spirit of fanaticism or the impules of a false philanthropy, calamity and ruin will soon overwhelm this now happy confederacy. Impressed with the importance of the duty which devolves upon them at the present crisis, your committee, in addition to a bill in amendment of the laws regulating slaves and free persons of colour within this State, would respectfully submit the following resolutions, with the single remark, that if a rigor heretofore unknown to our domestic legislation be found in the features of the bill they have introduced, it has been forced upon them by the movements of men who, assuming to be the friends, are indeed the most cruel enemies of those whom they have taken under their especial care.

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1st. Resolved , That in this country, freedom of the press and freedom of speech are sacred and invaluable rightsthat in proportion to their sacredness and value, is the obligation to preserve them from the abuse of those who would prostitute them to the vile purpose of enfeebling the sacred ties which now link together the various parts of this happy Union. 2d. Resolved , That the people of Georgia stand prepared to protect the domestic institutions of her sister states from the unauthorized interference of individuals or combinations within their limits. 3d. Resolved , That the perpetuity of this glorious Union, which has shed such blessings on us as a people, is only to be insured by a strict adherence to the letter of the constitution, which has guaranteed to us certain rights, with which we will suffer no power on earth to interfere; that it is deeply incumbent on the people of the north to crush the traitorous designs of the abolitionists; and that we look with confidence to such movements on their part as will effectually put an end to the impertinent, fanatical and disloyal interference with matters settled by the constitution. 4th. Resolved , That we hail the sentiments expressed by the resolutions of some of the recent meetings at the north, upon the subject of abolition, as the evidence of the existence of a right spirit among the great mass of our northern brethren, and a determination on their part to discharge the duties imposed upon them by the constitution of their country and the exigencies of the time. 5th. Resolved , That the imperative duty devolves upon congress at their ensuing session, so to modify the laws regulating the post office department, that an establishment created for the convenience of the people shall not be converted into the means of spreading servile war and civil strife among the states of this confederacy. 6th. Resolved , That the district of Columbia and the several territories of the United States are the common property of the people of these States; that the right of exclusive legislation in the former, and the power to make all needful rules and regulations for the government of the latter, which are vested in the congress of the United States,

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are derived from the constitution, which recognizes and guarantees the rights resulting from domestic slavery; and that any interference by that body with those rights, will be unauthorized by, and contrary to the spirit of that sacred charter of American liberty. 7th. Resolved , That copies of the foregoing Preamble and Resolutions be transmitted by his excellency to the President of the United States, the Governors of the respective States, and to the Senators and Representatives of this State in congress. Read and agreed to, 19th Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. In the House of Representatives , Concurred in, 22d Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 22d Dec. 1835. IN SENATE. The joint committee appointed to examine into the state and condition of the Central Bank of Georgia, beg leave to offer the following report:

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That they have cautiously and fully investigated the transactions of said bank, counted the cash on hand, examined the notes, drafts, c. belonging to said institution, and take pleasure in saying that the result of said examination has convinced your committee that the affairs of said bank have been managed with ability and fidelity, and they accord to the directors and officers of the bank their approbation for the manner in which they have discharged their difficult and multifarious duties in the management of the bank. The state and condition of the Central Bank of Georgia, on the third day of December, one thousand eight hundred and thirty-five, and which will fully appear by an exact abstract from the bank books annexed to this report and marked A, from which the amount of circulation, the specie on hand, and in bills of the Bank of the United States and local banks will fully appear. Your committee, on examination, regret the great want of punctuality in many of the directors of the bank in renewing their notes, for they find a large amount of discounted paper lying over and unattended to; upon this part of their report the committee will make no recommendation, but leave the subject to the discretion and judgment of the directors. The committee having examined into, and ascertained the various and laborious duties of the officers of the Central Bank, cannot refrain from an earnest recommendation to the General Assembly of an increase of the salaries of the cashier, teller, discount clerk and book-keeper; and the appointment of an additional officer to be known and called the assistant book-keeper. Your committee further state, that during the last political year the Central Bank of Georgia paid to the State, for and on account of the Speaker's warrant, to the amount of forty-two thousand eight hundred dollars, and this payment was made necessary from the exhausted state of the treasury; and as the directors of said bank assumed the responsibility of making said advance, without any direct authority, knowing it was for the interest and benefit of the State to do so, and for the purpose of authorizing said bank to make the necessary entries on their books, they recommend to the General Assembly the insertion of the following clause

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in the appropriation bill: That the president and directors of the Central Bank be, and they are hereby authorized to charge the capital stock of said bank with the sum of forty-two thousand eight hundred dollars, the amount of the Speaker's warrant heretofore paid by them; and that said directors also cause to be paid the President and Speaker's warrants of the present session, and the executive warrants drawn upon the treasurer, whenever the funds in the treasury may be inadequate to meet them, and to charge the same to the capital stock of said bank. State of the Central Bank of Georgia, to December 3d , 1835. DR. Capital stock, $2,591,952 58 Interest account, 51 92 Discount on notes, 1,799 60 Discount on bills, 1,023 33 Bank of Columbus, 538 24 At the credit of individuals, 37,246 51 Executive Department, 43,416 00 First emission of Central Bank notes, 690,000 on hand, 517,300 in circulation, 172,700 00 $2,848,728 28 CR. Bank stock, $1,005,000 00 Stock in Savannah, O. and A. Canal Company, 98,500 00 Bonds, notes and accounts received from the State, 190,413 30 Notes discounted, 1,107,807 77 Bills discounted, 138,790 06 Protest account, 40 00 Commission account, 433 49 Office Bank United States, at Savannah, 6,628 77 Planters' Bank of Georgia, 4,567 49 Bank of Augusta, 6,560 49 Bank of the State of Georgia, 3,269 16 Branch State Bank, at Augusta, 39,208 75 Central Bank of Florida, 391 60 Union Bank of Florida, 1,805 00 Insurance Bank of Columbus, 5,219 35 Cash Balance, $757,393 05 517,300 00 Balance composed of current notes, 135,948 00 Specie, 104,145 05 $2,848,728 28

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Agreed to, 22d Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. In the House of Representatives , Concurred in, 22d Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 22d Dec. 1835. IN SENATE. Resolved , That the sum of ten dollars be paid to the clerk of the committee appointed to prepare and report a bill to

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establish a court for the correction of errors, and that said sum be inserted in the appropriation bill. Read and agreed to, 18th Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. In the House of Representatives , Concurred in, 18th Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 24th Dec. 1835. IN SENATE. Whereas, the present Government-House in the town of Milledgeville is in a decayed and uncomfortable condition, and entirely unsuitable for the residence of the Governor of Georgia: Resolved , That fifteen thousand dollars be appropriated for the purpose of erecting and furnishing a new government-house of suitable demensions, at or near the place where the present one now stands; and that William C.

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Dawson, David A. Reese, George W. Murray, Benjamin S. Jordan and Augustus H. Kenan, be appointed a committee, with the Governor, who shall be chairman of the same, whose duty it shall be to carry this object into effect, and it shall be their duty to select a suitable site, agree on a plan, contract for and superintend the building of the same, who shall review it when completed, and disburse the aforesaid appropriation. And it shall be the further duty of said committee, to direct such repairs about said lot as they may deem necessary out of any balance that may be unexpended of said fund, and that this appropriation be inserted in the appropriation bill. Agreed to, 12th Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. In the House of Representatives , Concurred in, Dec. 22d, 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 24th Dec. 1835.

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IN SENATE. Resolved , That both branches of the legislature convene in the representative hall, on Friday next, at the hour of eleven o'clock, A. M., for the purpose of electing two judges of the superior court of this State, to wit: one for the Chattachoochie circuit, and one for the Cherokee circuit; also a solicitor general of the Chattahoochie circuit, and one for the Cherokee circuit; also a judge of the court of common pleas and oyer and terminer of the city of Savannah; also, at the same time, the election of a judge of the court of common pleas for the city of Augusta. Agreed to, Nov. 5th, 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. In the House of Representatives , Concurred in, Nov. 5th, 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, Nov. 6th, 1835.

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IN SENATE. Resolved , That both branches of the general assembly convene in the representative chamber on Wednesday, the eleventh of November, for the purpose of electing a major general of the eighth division, in place of major general Elias Beall, removed; also, at the same time, a brigadier general of the first brigade of the fifth division; also a brigadier general of the first brigade of the ninth division. Agreed to, Nov. 9th, 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. In the House of Representatives , Concurred in, Nov. 9th, 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, Nov. 10th, 1835.

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IN SENATE. Resolved , That both branches of the legislature convene in the Representative chamber on Wednesday, next at two o'clock, P. M., for the purpose of electing a solicitor general of the southern circuit. Agreed to, 8th Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. In the House of Representatives , Concurred in, 8th Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 9th Dec. 1835. IN SENATE. Resolved , That both branches of the General Assembly of the State of Georgia do meet in the Representative chamber

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on Thurday next, at the hour of twelve o'clock in the forenoon, for the purpose of electing a Secretary of State, Treasurer, Comptroller General and Surveyor General. Agreed to, 7th Nov. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. In the House of Representatives , Concurred in, 9th Nov. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 10th Nov. 1835. IN SENATE. Whereas the interests of a large portion of the people of the southwestern part of the State of Georgia demand that they should at all times have the means of a direct, frequent and speedy correspondence and intercourse with some point on the Gulf of Mexico, and the counties in the northern and interior parts of the State; and whereas there is no means of communication afforded to that portion of the citizens of the southwestern part of this State, save that derived from the navigation of the Chattahoochie, which is frequently obstructed by the shoals of said river; and whereas a direct mail-route from the town of Columbus to some point near the Florida line, east of said river, would tend greatly

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to facilitate the desired intercourse, and add to the comfort and convenience of a large portion of the people of this State: Be it therefore resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That our Senators and Representatives in congress be respectfully and earnestly solicted to use their exertions to cause to be established and carried into effect, as soon as practicable, a mail-route from the town of Columbus, via Lumpkin, Cuthbert, Fort Gaines and Blakely, on to Bainbridge in Decatur county, to be carried in four horse stagecoaches, at least twice a week, from each one of those places to the other. And be it further resolved , That his excellency the Governor be requested to forward to each of our Senators and Representatives in congress a copy of these resolutions. Agreed to, 2d Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. In the House of Representatives , Concurred in, 22d Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Assented to, 23d Dec. 1835.

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IN SENATE. The joint standing committee on the penitentiary having thoroughly examined the institution, with the various documents, c., respectfully report: That from the apparent good order of the institution, the skill of its workmen, manifested by the specimens of work on hand and in progress, the state of its finances, c., the committee are induced to believe that the institution has been well managed during the past year. The new cell building and workshops are now complete, and are constructed in a neat, substantial style; indeed, the whole establishment appears now to be in good condition, except the outer wall; that is in great need of repairing, and in some places ought to be raised higher. It is the opinion of the committee, from their own observation as well as from the intimations of the principal keeper in his annual report, that the present custom of allowing the convicts to work for themselves is incompatible with the interest of the institution; but at the same time, they doubt the policy of prohibiting it entirely, fearing that it may have a bad effect on the health and morals of the convicts. The time which is now spent in trying to earn something for themselves would probably be spent in a worse manner. The committee would therefore recommend that the internal police be so altered as to allow the inspectors to determine to what extent this custom shall go, or even to prohibit it entirely if they deem it best. They can see the effect of their regulations and make the necessary alterations. This course will enable the officers to favour those that merit it, which will operate as an incentive to good behaviour. It appears that there is no provision made for furnishing the convicts with hats, and that the clothes at present allowed are not sufficient for that class employed at the blacksmith business, that kind of work being more destructive to clothes than any other.

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The committee would therefore recommend, that in addition to the present annual supply of clothing, the blacksmiths be allowed one suit extra, and that caps or hats be furnished for all the convicts; they can be made by the tailors in the institution without much additional expense, and may be so made as to produce more uniformity of appearance among the convicts. Your committee are pleased to find, that notwithstanding the institution has been compelled to part with some of its best workmen, and has laboured under disadvantages during the past year, it has been able to defray all its expenses, and has an unexpended balance on hand of three hundred and forty-three dollars and forty-three cents. This gives the friends of the institution additional assurance that the institution may be so conducted as to be made a source of revenue instead of expense, besides saving the people from a great expense for the subsistence of criminals confined in the common jails. Your committee propose the following resolution: Resolved , That the sum of five thousand dollars be inserted in the appropriation bill of the present session, for the purpose of repairing and raising the outer wall of the penitentiary. Agreed to, 21st December, 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. In the House of Representatives , Concurred in, 22d Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 24th Dec. 1835.

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IN SENATE. The joint committee on printing report, that in conformity with the duties they were appointed to perform, they issued proposals for the printing of the State for the present session, and have accepted the proposals of Mr. John A. Cuthbert to print the Laws and Journals, being the lowest bid to do the same. The committee also accept of the proposals of Mr. P. L. Robinson for the job printing of the present session, at one-eighth less than it was done in one thousand eight hundred and thirty-four; and therefore submit the following resolution: Resolved , That the proposals of Mr. John A. Cuthbert to print the Laws and Journals of the present session of the legislature being the lowest terms proposed to do the same, he have the same on the terms offered, which are herewith submitted, and are as follows: the Laws and Journals to be printed as in one thousand eight hundred and thirtyfour, the Laws in small pica, the Journals in long primer, at six mills and three-fourths for each sheet of eight octavo pages; rule and figure work at double that price: the Laws to be delivered by the fifteenth of February, one thousand eight hundred and thirty-six; the Journals to be delivered by the fifteenth of March, one thousand eight hundred and thirty-six. Be it further resolved , That the proposals of Mr. P. L. Robinson for the job printing, being the lowest proposed to do the same, he have the same on the terms proposed, which are herewith submitted, and are as follows: He agrees to execute the job printing in a neat and expeditious manner at one-eighth less than it was done in one thousand eight hundred and thirty-four. The terms of the contract in one thousand eight hundred and thirty-four were as follows: for each sheet of eight octavo pages, five

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cents per sheet for the first hundred sheets, and two and a half cents per sheet after the first hundred; and for jobs exceeding eight octavo pages, four cents for the first hundred sheets, after the first hundred sheets two cents per sheet; after the first sheet twenty-five per cent lower; rule and figure work double those prices. Securities in both contracts to be approved by the Governor. Agreed to, 26th Nov. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. In the House of Representatives , Concurred in, Nov. 30th, 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 23d December, 1835. IN SENATE. The committee to whom was referred a memorial from certain citizens of the county of Habersham, in relation to a survey of the northern region of our State and the adjoining States, with a view to a Railroad communication between

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the valleys of the Ohio and Mississippi, and the Southern Atlantic coast, report: In the magnificent valley of the Mississippi, attempts are now being made to connect by railroad, that splendid portion our country with some port on the Atlantic. From information received in relation to this project, your committee believe that the enterprize has been projected by men whose characters and talents afford ample guarantees for its ultimate success. Meetings of the capitalists, and other citizens of the west, have been held; examinations and surveys are making; charters are asked, and will no doubt be granted, for roads in different parts of the western States; and combinations of wealth, talents and influence are in process of organization, which in the opinion of your committee must result in a few years in a line of railroads from the Ohio to the Atlantic. A scheme so vast and brilliant in its conception, and so eventful in its results would, a few years ago, have been looked upon as impracticable and visionary, but now is admitted by all to be quite within the range of practicable results. An union of the great west with the populous regions of the Atlantic coast, is not only possible but an easy enterprize. Your committee predicate this opinion estimates and observations made by gentlement of distinguished engineering and commercial attainments. They have no doubt that the period is not far removed when the rich volume of western commerce shall flow to the Atlantic, fertilizing in its course entire States, rearing cities, fructifying fields, removing prejudices, and confirming our glorious Union. Your committee will not stop to inquire into the commercial and pecuniary advantages of the proposed road. Suffice it to say, that the empire of the west, with its teeming wealth and overflowing population, in spite of the Alleghany, will be planted on the Atlantic, open to the commerce of the world; and the warm and rich clime of the south, will find itself upon the banks of the Mississippi, receiving tribute from the lakes, the Rocky Mountains and the populous States watered by the Ohio, the Tennessee, the Illinois, the Missouri and the Arkansas; nor will they linger to ask what will be the social and political good that is to be expected from it. They will only remark, that among other advantages which railroads afford, free and frequent intercourse between the States is most conspicuous. The misconceptions, errors and prejudices of time and distance are thus happily removed; the warm and amicable charities of social life pass with the ebbing and flowing of commerce, and bind brethren in bonds

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nearer than those of blood. But above all other benefits of railroads, the most enlarged and permanent, is the strength and fixedness with which it establishes the Union, by the creation of mutual dependence, and mutuality of interests between the States. Your committee, therefore, entertain no doubt but that the General Assembly will agree with them in the proposition, that railroads are of great national and domestic utility. In the progress of the Cincinnati undertaking, a report of great ability, with the opinions of eminent engineers, has been transmitted to the authorities of the southern States and the municipal authorities of some of their principal towns, thus inviting the aid and active co-operation of the south in the inception and completion of the enterprize. Responsive to these invitations, the citizens of Charleston have considered the scheme, hailed it as auspicious to their interests, and resolved to afford their hearty co-operation. In pursuance of which resolution, the city of Charleston have voted five thousand dollars to defray the expenses of a survey of their own State, with the view of meeting upon their own border the great road of the west. In addition to this, your committee learn that the legislature of Carolina will in all probability adopt the most active and prompt measures for bringing the road through that State, from the mountains to the Charleston and Hamburg road. The route of the road from Cincinnati, is of course not yet settled, and can be settled judiciously, only upon accurate surveys. It has, however, been suggested that it shall run through a pass of the Alleghany mountains, known as the Saluda Gap, in the State of North Carolina, and thence into the State of South Carolina, and unite with the Charleston and Hamburg road at the most eligible point. The attention of the western States will be early directed to the ascertainment of the route most practicable, and all the energies of the State of South Carolina will be directed to the location of that route within that State. With a knowledge of all these facts, the memorialists have asked of the General Assembly, that an engineer of unquestioned ability be appointed to make an exploration of the mountainous region of our State, lying on its north and and northwestern borders, with a view of ascertaining whether there be, across the foot of the Alleghany ridge, within our own limits, a pass for the Cincinnati road, of easier approach and less expensive transition than any yet suggested The memorialists believe there is, and from all the information at the command of your committee, they also have arrived at the same conclusion. The route from Knoxville,

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in Tennessee, would traverse the valley of the Little Tennessee towards its source, and arrive at the pass, by pursuing some one of its tributaries, many of which rise within the valley over which the ridge is passed. The gap of the mountain is itself a beautiful and rich plain, presenting not even the slightest obstacle to the construction of a railroad; from this point the route would descend the valley of some one of the many tributaries and streams which rise on the eastern face of the mountain and make the Savannah. It is a fact that, at the place referred to in the county of Rabun, in this State, the sources of streams running westwardly into the Mississippi, and those running into the Atlantic, are but a few miles removed, and seem at their fountains to be doubtful whether they will swell the volume of the Mississippi, or sweeten the salt waters of the Atlantic. This route is clearly practicable, and well worth the attention of the people of the west, and the enlightened citizens of Charleston. The fact that a part of the distance from Augusta to the Rabun outlet is already under contract, and that these contracts will be executed in the hands of the Georgia Union Railroad, your committee refer to simply as inducement to the companies of the west to explore the southern point of the Alleghany within the State of Georgia. It is a fact, stated by the intelligent body of citizens who have addressed the memorial to the legislature, now under review, that no stationary engine will be necessary to overcome any elevation to be encountered between the interior of the State and the mountains. Your committee believe that it will contribute greatly to the interest and prosperity of the whole State, and more particularly to that of the northern and northwestern counties, to have a survey made of the route from some place in the up country of Georgia, across the mountain to Knoxville, in Tennessee. The legislature will see at once that the advantage will depend upon the chance of the Cincinnati road coming through our State, and that it will come through our State, if the route is most practicable, there can be no doubt; for in this, as all other cases, monied enterprize will unerringly pursue its best interest when ascertained. But unless the facilities of this route are ascertained by a survey and presented to the citizens of the west, it is not likely that their attention will be directed to it, when vigorous efforts are making to draw that attention elsewhere. Admitting, however, for the sake of the argument, that the communication by railroad from the city of Cincinnati to the Atlantic should be made through our State, it will be readily granted that to the State the profit would be enormous. Commerce throughout her

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whole limits would acquire an impetus which would give vigour and health to all the avocations of life; land would rise in value, the agriculture of the hills would find a cheap market at the seaboard, and society exhibit the aspect of improved cheerfulness, strength and intelligence. Such views are not visionary; such changes have been wrought elsewhere, as by magic. Population has arisen upon the waste, cities upon the verge of unbroken forests, and commerce where for years no capital invited it. Resolved therefore , That the General Assembly of the State of Georgia view with deep interest the movements of the people of the west, having for their object the connexion of the flourishing city of Cincinnati with the southern Atlantic coast; and that in their efforts to accomplish this splendid enterprize, they have our warmest sympathy, and shall have our cordial co-operation. Resolved , That the Governor be, and he is hereby requested to employ an engineer of character and ability, to examine the passes through the Alleghany mountains, in the northern boundary of this State, with a view to bring the railroad from Cincinnati to the southern Atlantic coast, through the territory of Georgia, and that the expenses of said examination be paid out of the contingent fund. Agreed to, 25th Nov. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. In the House of Representatives , Concurred in, 22d Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835.

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IN SENATE. Resolved , That his excellency the governor be requested, and he is hereby authorized to have the public square around the State House improved, by causing the surface of the same to be levelled as far as he may deem practicable, the present walks improved, others made if necessary, and the whole planted in trees and shrubbery in such manner as he may think will add most to the improvement of the same. And be it further resolved , That the expense of the same be paid out of any money in the treasury not otherwise appropriated, and that provision be made therefor in the appropriation bill. Agreed to, Nov. 24th, 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. In the House of Representatives , Concurred in, Dec. 22d, 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, Dec. 24th, 1835.

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IN SENATE. The committee appointed to examine into the situation of the Surveyor General's Office, beg leave to submit the following report: That they have attended to the duties required of them, and find the records and files in that office in a state of the utmost confusion and derangement. Many of the papers or records are deposited without that regard to system, so necessary to prompt reference in the management of so important a public office. The files of ungranted or detached plats are, many of them, in a state of mutilation and transposition beggaring description: add to this, that some of the detached plats are entirely missing. The plans or maps of districts are, many of them, becoming defaced, notwithstanding a judicious plan has heretofore been adopted for their safe keeping; they are frequently out of place, either by transposition or being left carelessly about the office, open or rolled up, according to the convenience or care of the last individual inspecting them. The inquiry naturally arises, to what causes are those irregularities in one of the most important offices in the State attributable? To any one who will take the trouble to visit the office at any time, but more especially during the session of the legislature, the answer will be obvious. The committee know of no record or file of the office which is not only accessible to members themselves, but to all classes and grades of persons who visit the office. This is wrong, and should not any longer be permitted. The system must be changed, and a different intercourse with the office adopted, or the consequences to many of the good people of the State may be serious, together with the vastly increased labour, embarrassment and responsibility imposed on the office by the present custom. Your committee believe that the derangement of the office is more attributable to the practice of the members of the legislature themselves, in overhauling books and papers,

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than in neglect of duty of the former incumbents of the office. Your committee therefore submit the following: Resolved , That the surveyor general, with the advice and consent of his excellency the Governor, as soon as convenient after the adjournment of the present session cause such improvements to be made in the surveyor general's office as may be deemed necessary and expedient for the protection of the records, and also to restore to system and order the files in said office, as far as practicable, for the protection and improvement of said records and files of papers. Resolved , That the surveyor general be required strictly to exclude all persons from handling any records on file in his office, unless under the immediate inspection of himself or one of his clerks. Resolved further , That the surveyor general be authorized to appoint one clerk, at a salary of five hundred dollars, and that the same be provided for in the appropriation law. Agreed to, 21st December, 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. In the House of Representatives , Concurred in, 22d Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 24th Dec. 1835.

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IN SENATE. The committee appointed to examine into the Treasurer's office, report, that they have carefully and strictly examined into the condition of the same, and find the accounts remarkably accurate, and sustaining his annual report; his books kept neatly, and his whole office in good condition, and all things highly ereditable to him as an officer. The committee to whom was referred the communication from his excellency the Governor, relative to the Bank of Augusta, also the letter of the president of that institution to the executive, in relation to the sale of the stock in said bank, believing that the reference should have been made to the committee on the Central Bank, they therefore ask leave to be discharged from the further consideration of the subject. The committee have not received as yet any report of the sub-committee, to whom was referred the statement of the Comptroller General, and have no doubt it will be submitted to that on the Treasurer's department. Agreed to, 21st Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. In the House of Representatives , Concurred in, 22d Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 24th Dec. 1835.

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RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES. HOUSE OF REPRESENTATIVES. The standing committee to whom have been referred the several returns of the Banks of Georgia, have had the same under review, and beg leave to report: That there are eleven banks now in safe and successful operation, exclusive of the financial or Central Bank, for state purposes alone, and the Farmers' Bank of Chattahoochiethe latter bank not now in operation. Your committee have reason to believe that the said eleven banks, viz. the Planters' Bank of Savannah, the Bank of the State of Georgia, the Marine and Fire Insurance Bank of Savannah, the Bank of Darien, the Bank of Augusta, the Insurance and Banking Company of Augusta, the Mechanics' Bank of Augusta, the Hawkinsville Bank, the Bank of Columbus, the Insurance Bank of Columbus and the Commercial Bank of Macon, are all judiciously conducted; are all in a perfectly sound state, and deserve the confidence of the public. To show in the aggregate the highly favourable state of our monied institutions, it is only necessary to compare our banking capital with the bills in circulation and the specie in the vaults.

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It appears that the whole amount of banking capital for commercial purposes is four millions five hundred and seventy-one thousand dollars. Bills in circulation, on the fifth of October last, three millions nine hundred and forty-two thousand dollarssix hundred and twenty-nine thousand dollars less than the capital stock paid in: that the specie in the vaults is two millions one hundred and eleven thousand dollars, a little less than half the capital, and something more than half the amount of bills in circulation. Since the exclusion by law of bank bills under five dollars, we find an abundance of specie in circulation, and your committee think it may equal the amount in the vaults. Taking this for granted, the result would be that there is in the State about three hundred thousand dollars in gold and silver over and above the circulating bills. This view of the subject places our monied institutions on high ground, and speaks loudly in their behalf. Your committee would not be invidious in drawing comparisons between the aforesaid institutions, but they may say that the Planters' Bank of Savannah has strong claims on the favour of the State when she asks for a renewal of her charter, and your committee confidently recommend that her prayer be granted. In a perspective view of the whole subject of our banking operations, including those connected with the railroads now under consideration, together with the proposed Milledgeville Bank, and comparing them with our annual exports, the following statement is presented: Annual exports, $20,000,000 Banking capital now in operation, 4,000,000 Milledgeville Bank, 500,000 Two Railroad banks, 3,000,000 Whole amount of Bank capital, $7,500,000 Being only two-fifths of our annual exports. It will be observed that your committee have not confined

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themselves to fractional numbers, believing that a more general view would be satisfactory. Read and agreed to, 12th Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, 22d Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1835. HOUSE OF REPRESENTATIVES. Resolved , That the officers of the Central Bank be authorized and directed to receive from Phillip A. Clayton, the amount now due and unpaid on his fraction certificate for the purchase of fraction number seventy-two, in the twelfth district, Habersham county, free of interest on the same; and upon the payment as aforesaid, a grant do issue

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upon said certificate, the usual fees being paid upon said grant. Read and agreed to, 16th Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, 22d Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, Dec. 24th, 1835. HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly will convene in the Representative chamber, at seven o'clock, P. M., on Friday next, for the purpose of electing seven directors on the part of the State for the Bank of Darien; two for the Planters' Bank, and four for the Bank of the State of Georgia; and a Major General for the seventh division of Georgia militia, to fill the vacancy occasioned by the resignation of Major General John Bates; and also for a Brigadier General for the second brigade of the seventh division,

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Georgia militia, vice Brigadier General William B. Wofford, resigned. Agreed to, 11th Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, Concurred in, 17th Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, 18th Dec. 1835. HOUSE OF REPRESENTATIVES. The Central bank of Georgia [UNK] v. [UNK] Fi. Fa. Green W. Smith. [UNK] Whereas, the above stated fieri facias has been levied by the sheriff of Elbert county upon negroes in possession of George Cook, Esq., and claimed by the said Cook; which claim is now pending in the superior court of Elbert county: Be it resolved , That the proper officers of the Central Bank be, and they are hereby authorized to make such settlement of said case as they may think proper, and allow

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in the said settlement such credits as they may deem equitable and just, upon the production of vouchers or competent testimony, and to make such acquittances and transfers as shall be necessary in the case. Agreed to, 12th Nov. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, Nov. 19th, 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, Nov. 21st, 1835. HOUSE OF REPRESENTATIVES. Whereas, the seventh section of an act passed December, one thousand eight hundred and twenty-eight, for the better distribution and application of the poor school fund, and to point out the mode of accounting for the disbursement of the academy and poor school funds, requires that the trustees of the several academies in this State shall make to his excellency the Governor a full and fair statement of the receipts and expenditures of their several academies, drawn by them for such county or academy; also, showing in what manner moneys received by them have been applied and expended; that then and in that case his excellency the

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Governor shall be, and he is authorized to issue his warrant on the treasurer in favour of the different academies. And whereas, Thomas J. Rush, late one of the trustees of the Clarkesville academy in the county of Habersham, while one of the trustees of the same, drew the funds or dividend set apart for said Clarkesville academy for the year one thousand eight hundred and thirty-four, and has left this State without paying over to the treasurer of the board of trustees the dividend so drawn by him, or accounting to the said board of trustees for the same or any part thereof, which leaves the present trustees wholly unable to make a report of the application of the said dividend, so drawn for said academy for the year one thousand eight hundred and thirty-four, agreeable to law above referred to: for remedy whereof Be it resolved by the Senate and House of Representatives in General Assembly met, and it is hereby resolved by the authority of the same , That his excellency the Governor be, and he is hereby authorized and required to issue his warrant on the treasurer in favour of the Clarkesville academy, for the dividend set apart and allowed for said academy for the year one thousand eight hundred and thirty-five, in like manner as if the proper legal report had been made by said trustees of the application of the said dividend so drawn as aforesaid for the year one thousand eight hundred and thirty-four. Agreed to, 5th Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, Dec. 14th, 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, 17th Dec. 1835.

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HOUSE OF REPRESENTATIVES. The standing committee on public education and free schools, to whom was referred so much of the annual message of his excellency the Governor as relates to the education of the indigent deaf and dumb in this State, and the report and documents of the Rev. Elijah Sinclair, the commissioner appointed by the Governor to disburse the sum of three thousand dollars appropriated by the last legislature to educate the indigent deaf and dumb in this State, have had the same under consideration, and report: That it must be pleasing to the good people of this State to learn, that pending the various subjects of complication which were necessarily before the last legislature, that reflection and time was given to commence the very interesting inquiry into the condition of the indigent deaf and dumb in this State, and to make the first attempt by legislative aid to afford them some relief, the sum of three thousand dollars was appropriated; and his excellency the Governor, to carry the humane intentions of the legislature into effect, appointed the Rev. Elijah Sinclair commissioner, who, in pursuance of his said appointment, travelled into twenty-five counties in this State in search of suitable individuals, between the age of twelve and twenty years, to participate in the appropriation of the legislature; and from the report of the commissioner, which is full and satisfactory, it appears that he has sent six boys to the American Asylum at Hartford, in the state of Connecticut, who are now enjoying the benefits of profitable instruction. It will be seen by Mr. Sinclair's report that he has only expended the sum of nine hundred and thirty-three dollars eighty-six and three-fourths cents, and that the balance of said appropriation, amounting to the sum of two thousand and sixty-six dollars thirteen and one-fourth cents, is now on hand, and has been deposited in the Central Bank. Mr. Sinclair is of opinion that many indigent deaf and dumb mutes may be had in this State, who would most willingly participate as beneficiaries in an appropriation, if made by the State, and

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suggests the propriety that the present legislature should make an appropriation, with the sum now on hand, sufficient to educate, clothe and support twenty-six indigent deaf and dumb individuals for the year one thousand eight hundred and thirty-six; and from his estimate it appears the sum of four thousand four hundred and fifty dollars will be necessary, in addition to the sum of two thousand and sixty-six dollars thirteen and one-fourth cents, now on hand. Of the appropriation made by the last legislature for all of the necessary expenses of twenty-six indigent deaf and dumb mutes at the American Asylum, including the six now at that institution, your committee cannot hesitate in recommending to the legislature to make the necessary additional appropriation, necessary to educate twenty-six indigent deaf and dumb mutes, for the year 1836. They also recommend an appropriation to pay the Rev. Elijah Sinclair for his services as commissioner to carry into effect the intentions of the last legislature, to educate the indigent deaf and dumb mutes in this State. They therefore recommend the adoption of the following resolutions: Resolved, by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the sum of four thousand four hundred and fifty dollars be, and the same is hereby appropriated, out of any money in the treasury of this State not otherwise appropriated, to pay (with the sum now on hand of two thousand and sixty-six dollars thirteen and one-fourth cents appropriated by the last legislature) for the education, support, clothing, and all necessary expenses of twenty-six indigent deaf and dumb mutes for the year one thousand eight hundred and thirty-six, and that the sum of four thousand four hundred and fifty dollars be appropriated annually for the purpose of educating the deaf and dumb, and that the said sum of four thousand four hundred and fifty dollars, for the purpose as aforesaid, be placed in the appropriation act of this session, and that said sums be expended under the direction of his excellency the Governor, by a commissioner appointed by him for that purpose, who shall receive for his services such payment as the next legislature may determine to be just. Resolved , That the sum of seven hundred and fifty dollars be, and the same is hereby appropriated, out of any money in the treasury not otherwise appropriated, to the Rev. Elijah Sinclair, for his services as commissioner to

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carry into effect the appropriation of three thousand dollars, made by the last legislature, for the education, support, clothing and necessary expenses of the indigent deaf and dumb mutes in this State, and that the same be placed in the appropriation act. Resolved , That the commission shall have a discretion to select, under certain circumstances, deaf mutes under the age of twelve years. Read and agreed to, Dec. 2d, 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, Dec. 17th, 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, 22d Dec. 1835. HOUSE OF REPRESENTATIVES. Resolved , That his excellency the Governor shall, without delay, furnish to the respective commanders of regiments in the counties of Stewart, Lee, Baker, Randolph, Sumter, Early, and the counties adjacent thereto, which

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may be invaded, a sufficient supply of arms and ammunition to enable the militia to defend the frontiers against the inroads of the savages, and that he order the Colonel of each regiment to call out all or any portion of his command to repel their invasions, or to chastise them for their outrages upon our citizens. Be it further resolved , That his excellency the Governor shall, when in his judgment the exigency of the citizens shall require it, order all or any commanders of the regiments in the aforesaid counties to order out such number of men to act as a guard, and as spies to watch the movements of the Indians, as he shall deem sufficient for each county, whose duty it shall be to protect the people, and give information to the commanders of regiments of the movements of the Indians. Be it further resolved , That should the said Indians exhibit a general feeling of hostility towards the citizens of this State, and embody for the purpose of depredating upon the lives or property of our people, his excellency the Governor is hereby required to call out the militia of this State, and sufficient force to repel them, and to inflict upon them merited chastisement. And be it further resolved , That all the services rendered by our citizens, under the provisions of these resolutions, shall be paid for by the Governor, out of any funds in the treasury not otherwise appropriated; and that the accounts for services rendered during the present year, in all or any of the counties aforesaid, in defending and protecting the people from the hostile movements of said Indians, shall also be paid by the Governor, out of any funds in the treasury not otherwise appropriated. And be it further resolved , That the practice pursued by some of our citizens, of employing Indians to work upon their farms, is at war with good policy, and tends to produce collisions between them and the whites, as well as to lead them into habits of intemperance and vagrancy. Your committee would recommend the passing of a law to make it a penal offence for any citizen of Georgia to employ an Indian to work, or in anywise to countenance their abode

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among our citizens; and also to make it penal for any Creek Indian to come into this State. Agreed to, 10th Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, 16th Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, 18th Dec. 1835. HOUSE OF REPRESENTATIVES. The special committee to whom was referred the message of Governor Lumpkin, relative to the Georgia Justice of Green and Lumpkin, have had the same under consideration, and upon as correct an examination of the work as the nature of their other duties would allow, conceive the same to be of great public utility, and well calculated to aid the officers of this State in the discharge of their various and respective public duties. They therefore recommend the following resolution:

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Resolved , That his excellency the Governor be, and he is hereby requested to purchase of the said Green and Lumpkin three thousand copies of their Georgia Justice, and that he cause to be distributed with the Journals and Laws of the present session, one copy of the same to the offices of each of the justices of the inferior court, one copy to the offices of each sheriff, one copy to the offices of each clerk of the superior, inferior and court of ordinary, and one copy to the offices of each of the justices of the peace throughout the State of Georgia; and that he pay for the same out of any unexpended balances of former printing funds: Provided , the cost of said work shall not exceed the price of three dollars per copy. Agreed to, 12th Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, 22d Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, 22d Dec. 1835.

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HOUSE OF REPRESENTATIVES. The committee to whom were referred the several communications of his excellency the Governor, on the subject of the establishment of the Georgia Guard in the Cherokee circuit, have had the same under consideration, and beg leave to make the following report: Your committee, in the investigation of the subject before them, believe it to be but an act of justice to the late Governor of Georgia, Wilson Lumpkin, to dwell a short time upon the propriety of the organization of said guard. A resolution was adopted during the session of the last legislature, authorizing the Governor, when he may deem the exigency to demand it, to call out such force, under such command and for the time he may consider necessary, for the relief, security and protection of our citizens and the friendly Cherokees. It will be perceived that the legislature of Georgia, at the last session, imposed upon the Governor by the foregoing resolution, a highly delicate and responsible trust. The necessity of the guard was placed entirely at the discretion of the Governor, and your committee conceive, from the documents presented to them on this subject, that the Governor acted with great deliberation and prudence in consenting to the establishment of said guard. As far back as the tenth of April, of the present year, Governor Lumpkin received a communication from Newtown, Cherokee county, signed by a number of the citizens, in which they state that the exposed situation of those whom interest has induced to settle in this portion of Georgia before the Indians have left it, the extraordinary excitement among the Indians in relation to the recent treaty at Washington, gives just ground to apprehend from them many wanton and barbarous murders, and other violent measures, c. We therefore respectfully solicit that protection of your excellency, that we feel confident you will extend to us. The Governor also received another communication to the same effect, signed by a number of citizens, and dated Cassville, the fourteenth of May, one thousand

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eight hundred and thirty-five, in which they state that they had been requested by gentlemen of this and adjacent counties, who attended our adjourned court, to memorialize your excellency for the aid of such force as is given to your excellency for the aid of such force as is given to your excellency by the late laws and resolutions for this purpose. In a communication to his excellency, from the agent, Colonel William N. Bishop, dated Spring Place, the fifteenth of May one thousand eight hundred and thirty-five, he says, Our country is now full of bloody assassins, and our white population are considerably alarmed; and those Cherokees friendly to Ridge and his course, seriously apprehend danger; and of both the whites and Cherokees, of the description above named, I am every day receiving solicitations to inform you of the true situation of their exposures. The Governor, in a letter dated the twenty-eighth of May, one thousand eight hundred and thirty-five, in answer to the communication of the citizens of Gassville, says, I have received your letters and the papers signed by yourselves and many other respectable citizens of the Cherokee circuit, requesting the organization of a military force for the protection of the citizens of said circuit, c. The great importance and gravity of the subject you present, calls for the most mature deliberation. The consequences involved in the course which you recommend, are inseparably connected with the character the honour and best interests of the State, and that , to an extent not apprehended by the hasty and inconsiderate. It will be perceived that his excellency the Governor acted with caution and prudence in the discharge of this delicate and important discretion which had been imposed upon him by the legislatore. In a letter under date of the twenty-fifth of May, one thousand eight hundred and thirty-five, directed to Colonel William N. Bishop, the Governor says, After the most deliberate consideration, I am forced to the conclusion, under all the existing circumstances connected with the present state of our Indian affairs, that every legal effort should be made at the present time to avert the evils and calamities which seem to apprehended by you and others. The only legal discretion confided to the executive, upon this subject, is to be found in the resolution of the last legislature, which authorized the Governor, c. [Here follows the resolution before quoted.] The Governor continues, I believe the time has arrived when a wise and prudent use of the contemplated force may be made to great advantage. But every thing depends upon a prudent organization and employment of such force. Whether for

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good or evil, will chiefly depend upon a judicious and discreet exercise of the power confided by the legislature. Although the legislature left the establishment of the Guard discretionary with the Governor, yet in the humble opinion of your committee, that discretion had a limit , and your committee believe that limit had arrived, if the communications sent to the Governor were worthy of credence; for the exigency had arisen when it became necessary to call out a force for the relief, security and protection of our citizens and the friendly Cherokees. And your committee most humbly conceive, that if any censure is due for the organization of the Georgia Guard, it falls upon the fast legislature and not the late executive of Georgia. Your committee believe also, that the late executive ought not to be held responsible for the conduct and improprieties of said Guard, so far as they are enabled to judge from the documents placed before this committee. Your committee, however, regret that there are some letters referred to, in the correspondence of his excellency, which are not to be found amongst the documents sent to your committee. Your committee presume that said letters were omitted from inadvertence, or because they were not necessary to be communicated. From the correspondence before your committee it appears that his excellency the Governor, in his letters to the commander of the Guard, warned him to discretion, entreated him to prudence, and in all cases directed him to be subservient to, and dependent upon the civil authorities of the country. In a letter dated the twenty-eighth of May last, to Colonel William N. Bishop, the Governor says, The object of the contemplated force, is the security, relief and protection of our citizens and the friendly Cherokees. How shall this object be attained? We shall find that a strict regard to the laws of the country, by affording every aid in our power to secure the ends of civil justice, will most effectually secure, relieve and protect the weak and innocent portion of our community. In determining upon the organization of the contemplated force, it has been my earnest desire that we might have no duty to perform which might be considered strictly military. So far as events have yet transpired, we have nothing to justify the belief that the crimes which have been committed in the Cherokee part of Georgia, may not be punished by a faithful enforcement of the civil authority of the country. We should, therefore, look well to that branch which the constitution has provided for the arraingnment and punishment of offenders.

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Again, the Governor, in his letter of instructions to the commander of the Guard, bearing date on the seventeenth of June, one thousand eight hundred and thirty-five, says, Let it be constantly borne in mind, that under the existing state of things, your military command is designed only to aid the civil authority in carrying into effect the laws of the State. In the same letter the Governor says, Under all the circumstances, it will be most prudent, in all cases where arrests are to be made, to obtain warrants from some judicial officer, in the due form of law, and be attended by a civil officer duly authorized to execute the same; thus you will, in most cases of arrest, only aid the civil authority in a proper execution of the laws of the State. And in the same letter he says, You may safely arrest all persons who may be found in the commission of crime; but when the information comes from others, require warrants, and take authority to arrest in the presence of a civil officer. Your committee conceive, that the foregoing quotations from the correspondence of the late Governor, are sufficient to show that his excellency used his authority and influence to keep the Guard subservient to the civil authorities of the country. If they have transcended the power and confidence reposed in them by the Governor, the just indignation of the community should fall upon them and not the Governor, who was removed far away from the scene of their operations. Your committee have dwelt thus long upon the propriety of the organization of the Guard, because they believe that a duty had devolved upon them to lay this matter before the people in its proper light, as an act of justice to the late Governor of Georgia. They have discharged that duty with pleasure to themselves. Your committee proceed now to the further discharge of their duty by inquiring, first, as to the conduct of the Guard in the recent arrest and detention of John Howard Payne; and secondly, as to the propriety of their reorganization. Your committee greatly regret that they have not all the facts relative to the recent arrest of John Howard Payne by the Georgia Guard in such a shape that implicit credit might be given to them. They are compelled then in the investigation of this branch of the subject, to discard all the contradictory statements found in newspapers, and to decide only from such facts as have been legitimately brought before them in the communications of the Governor. It is, however, admitted on all hands, that the recent arrest of Mr. Payne was made in the State of Tennessee. Your committee conceive that the Guard transcended their power in crossing the line of the State of Georgia to arrest an individual out of

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the limits of this State. And your committee believe, that it was an act of which the sovereign State of Tennessee has just right of complaint against the authorities of Georgia. The only testimony before your committee, relative to thu arrest of Mr. Payne, will be found in the communication of his excellency William Schley, of the tenth instant. In that communication the Governor says, I have received a communication dated the first of this instant, from Colonel William N. Bishop, the commander of the Cherokee guard, informing me that on his return from Milledgeville to Spring Place in November last, he found John Howard Payne in custody of the Guard; `who,' says Colonel Bishop, `was found engaged in examining and writing papers, suspected of some design against the government.' This admission of the commander of the Guard is sufficient of itself to show the utter recklessness and want of authority in the Guard to make the arrest. The fourth article in the amendments of the federal constitution is in the following words: The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated: and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Your committee cannot conceive why the foregoing article was placed in the federal constitution, unless it was to protect the free citizens of the United States from unnecessary and improper arrest and confinement; and to preserve their papers and writings from the searches and seizures of those who might suspect them to be guilty of some design against the government . It appears, then, to your committee, that the Georgia Guard, in the recent arrest of John Howard Payne, trampled under foot the constitution of the United States. The commander of the Guard says, in his same letter to the Governor, I have examined those papers, and find some very improper and indiscreet statements in relation to the President, our government and State authorities and agents, both government and State agents, the Georgia Guard, c., and many bitter remarks concerning the Cherokee matters; but finally concluded that they were not of such a nature as would justify his being bound over to answer for his offence in our courts; I therefore, after keeping him a few days under guard, have

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discharged him. How long he was kept under guard before the arrival of Col. Bishop at Spring Place, your committee are uninformed. Yet it is evident to your committee that the instructions of the late executive to the Guard in this matter were entirely disregarded, for the Governor's direct instructions were, that whenever individuals were arrested for offences committed against the laws of Georgia, they were immediately to be brought before the civil authorities, to be dealt with as the law directs. But the commander of the Guard says, after examining his papers, and finding him guilty of no offence for which he was answerable in our courtsI, the commander of the Guard, kept him in custody a few days and then discharged him. Your committee would ask with feelings of mortification, why was he kept in custody one minute beyond the time when it was ascertained he had committed no offence? Was it to punish him for his indiscreet statements in relation to the Georgia Guard? Perhaps so. But in so doing, the Guard have violated every principle of the constitution , which guarantees liberty and equal rights to the citizens of this country. They have jeopardized the character and reputation of the State of Georgia abroad by this act of wanton and uncalled for vandalism, and will bring down upon the people of the State the inevitable and odious charge of inhospitality and cruelty to the stranger. Your committee conceive, therefore, that the State of Georgia can only relieve herself from the obnoxious charges and denunciations that will be made upon her by a firm, decided and unequivocal disapprobation of the conduct of the Guard in this matter, by the representatives of the people in their legislative capacity. The character and standing which the State of Georgia has always held amongst her sister States demands, that upon this subject, she should speak firmly and quickly . Your committee proceed now to the last branch of the inquiryWhether the Guard, which has lately been disbanded, should be reorganized? Your committee humbly believe, that the establishment of a military force, of the nature and character of the Georgia Guard, is contrary to the spirit and true intent and meaning of the federal constitution. That instrument expressly declares, in the second article to section the tenth, that no State shall, without the consent of congress, lay any duty on tonnage, keep troops or ships of war in time of peace. Ours is a government founded upon opinion, and not force. Its laws must be executed by the good order and discretion of the people,

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and not by the bayonet and the sword. Our free institutions have failed of their end, and our government is not worth having, when public opinion cannot execute its laws. The reasons which existed at the time of the organization of the Georgia Guard, do not now exist. The Cherokee circuit is becoming daily more thickly settled. The courts in the different counties have become better organized. The civil officers have become better acquainted with their respective duties. A circuit thus organized presents the decided conviction to the mind of your committee, that the laws will be faithfully and judiciously administered. If any danger is to be apprehended from the hostilities of the remnant of the Cherokees, now resident in that circuit, to our own citizens, it is perfectly idle to suppose that a small band of forty men can be of any service in their protection in the widely extended country. In case any danger of that sort should arise, our fellow citizens in that section of the country must look to themselves, and to the aid which will most assuredly and speedily be rendered them by their brethren in different sections of the State. From every view, therefore, which your committee have been enabled to give this subject, they are decidedly of the opinion that there are no circumstances at present existing which would warrant a reorganization of the Georgia Guard. Your committee therefore recommend the adoption of the following resolutions: Resolved , That the legislature highly disapprove of the conduct of the Georgia Guard in the recent arrest and confinement of John Howard Payne, in the Cherokee nation. Resolved , That the legislature consider it inexpedient to reorganize the Guard in the Cherokee circuit, which has been lately disbanded. Resolved , That the legislature approve of the course pursued by his excellency the Governor in drawing upon the unappropriated contingent fund for the year one thousand eight hundred and thirty-four, for the pay and expenses of the Georgia Guard, and that his excellency the Governor be authorized to draw upon said fund for the balance due said Guard.

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Resolved , That his excellency the Governor be authorized to leave the arms and ammunition belonging to the State, lately in the use of the Guard in the Cherokee circuit, at such place as he shall think proper, for the use of the citizens: Provided , he shall deem the same to be necessary. Agreed to, 18th Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, 22d Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, 26th Dec. 1835. HOUSE OF REPRESENTATIVES. The committee to whom was referred the petition of Elijah Hammond of Campbell county, have had the same under consideration, and are of the opinion that the prayer of the petitioner is reasonable and ought to be granted, and therefore recommend the adoption of the following resolution:

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Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the balance now due upon the execution in favour of the State against said Hammond be, and the same is hereby remitted and discharged, and the said Hammond fully exempted from any further payment thereof. Agreed to, Dec. 19th, 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, Dec. 22d, 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, 24th Dec. 1835. HOUSE OF REPRESENTATIVES. Resolved , That the Governor be, and he is hereby requested to forward to each of the newspaper offices in this

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State a copy of the Laws and Journals of the present session of the legislature. Agreed to, Dec. 22d, 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, Dec. 22d, 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, Dec. 24th, 1835. HOUSE OF REPRESENTATIVES. Whereas the fieri faciases issued for taxes in the county of Lumpkin were not returned in time sufficient for the tax collector of said county to make out and have the insolvent tax list of said county allowed by the last grand jury: Be it therefore resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That John Langston, tax collector of the county of Lumpkin, be allowed to present his insolvent tax list to the next grand jury of said county, and that he be not required to settle for the same with the treasurer of

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this State, until he shall have the opportunity of presenting his list as before provided for. Read and agreed to, 21st Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, 22d Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, 24th Dec. 1835. HOUSE OF REPRESENTATIVES. Whereas Abner Rieves, sheriff of Merriwether county, having sold the State's interest in fraudulent lot number two hundred and thirty-two, in the ninth district of Troup county, on the seventh day of July last, the return of which was not made to the treasury within forty days after said sale: Resolved , That he be authorized to make said return

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within ten days after the passage of this resolution, and that the Treasurer settle with him accordingly. Agreed to, 12th Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, 17th Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, 18th Dec. 1835. HOUSE OF REPRESENTATIVES. Resolved , That the Comptroller-General be, and he is hereby authorized to credit Ezekiel Millsaps, tax collector of Cass county for the year eighteen hundred and thirty-four, with the sum of seven dollars sixty-two and a half cents. And be it further resolved , That the county treasurer of Cass county be, and he is hereby authorized to credit the

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said Ezekiel Millsaps, tax collector as aforesaid, with the sum of seven dollars and sixty-two and a half cents. Agreed to, 21st Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, 22d Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, 22d Dec. 1835. HOUSE OF REPRESENTATIVES. Resolved, by the Senate and House of Representatives of the State of Georgia in General Assembly met , That his excellency the Governor be authorized and required to employ some competent professional painter to clean the paintings hanging on the walls of the chamber of the House of Representatives and the Senate, and the Executive Office, and have the said paintings also covered with some suitable gauze, and to hang the paintings in the chamber of the House of Representatives, over the doors of the committee rooms, to the right and left of the Speaker's chair.

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And be it further resolved , That the expenses of the same be paid out of the contingent fund, c. Read and agreed to, Nov. 28th, 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, 22d Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, 24th Dec. 1835. HOUSE OF REPRESENTATIVES. Whereas the dividend of the Poor School Fund, due to the county of Columbia, has not been drawn for the year one thousand eight hundred and thirty-five, owing to the resignation of the trustee of the year one thousand eight hundred and thirty-four: Be it therefore resolved by the Senate and House of Representatives of the State of Georgia in General Assembly

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met , That his excellency the Governor be, and he is hereby authorized and requested, to pay to the present trustee of the poor school fund of Columbia county, or in case there should not be a trustee, to the justices of the inferior court of said county, the dividend apportioned to that county for the said year one thousand eight hundred and thirty-five, and also for the year one thousand eight hundred and thirty-six. Read and agreed to, 9th Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, 22d Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, Dec. 24th, 1835. HOUSE OF REPRESENTATIVES. Resolved , That his excellency the Governor be authorized and required to have published in such of the public

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gazettes of this State as he may select, all acts of the present legislature that may be of a public or general character. Read and agreed to, 21st Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in 22d Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, 24th Dec. 1835. HOUSE OF REPRESENTATIVES. The select committee to whom was referred the report of the commissioners of the Locust Stake Road, appointed by act of the legislature, passed in December, one thousand eight hundred and thirty-four, beg leave to report, that they have had the report of the proceedings of said commissioners under consideration, and find that said commissioners have expended the sum of four hundred and sixty-five dollars of the said appropriation for the building of a bridge over Tallula river, in Rubun county, which bridge is completed and insured for the term of five years; and also of the further sum of six hundred and ninety-five dollars

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and thirty-one and one-fourth cents, on the improvement of said road, agreeably to the said act of the legislature, making in all expended in the building of said bridge and improvement of said road, the sum of eleven hundred and sixty dollars and thirty-one and one-fourth cents, leaving an unexpended balance of said appropriation, of the sum of three hundred and thirty-nine dollars and sixty-eight and three-fourths cents. Your committee therefore recommend the adoption of the following resolution: Resolved , That the unexpended balance of said appropriation, amounting to three hundred and thirty-nine dollars and sixty-eight and three-fourths cents, be expended under the direction of said commissioners to the further improvement and repairs of said road. Agreed to, 10th Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, 22d Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, 24th Dec. 1835.

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HOUSE OF REPRESENTATIVES. Be it resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the directors of the Central Bank be authorized and required to effect a settlement with Adam G. Saffold, Esq., touching his services as late solicitor general of the Ocmulgee circuit; and that said directors be authorized to allow said Saffold a reasonable compensation for any services which he may have rendered the State, and for which he may not have been heretofore compensated; to be deducted out of, or credited on, any demands which he may be due the State. Read and agreed to, 21st Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, Concurred in, 22d Dec. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SHLEY, Governor. Approved, 24th Dec. 1835.

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HOUSE OF REPRESENTATIVES. The committee on internal improvement, to whom was referred the Governor's message in relation to the proposed improvement of the navigation of the Savannah river, by an obstruction to be placed between Hutchinson and Argyle islands, respectfully report: That they cannot perceive that the treaty of Beaufort, made in 1787 between the States of South Carolina and Georgia, can be an obstacle to the proposed improvement in the navigation of the Savannah river. That the second section of that treaty reserves to the citizens of each State only equal privileges and equal exemption from tolls, hindrances, c.; that it will be obvious from reading that section, it was intended to deny to the citizens of Carolina the right to the use of the south channel of said river, lying to the south of Hutchinson island, and so long as the south channel was so denied to them, the right to the use of the north channel (which branches from the south channel at the upper end of Hutchinson island) was reserved to them; that after the adoption of the constitution of the United States, it was considered and understood that the citizens of Carolina were at liberty to use the south channel, and no objection being made, the north channel was seldom used by them, and more seldom still was the course laid down by that treaty for their use pursued. Upwards of twenty years since, an attempt was made to stop this northern channel of the river at the identical spot now proposed. No objection was made from any quarter: a line of palisades was driven, and had the work been successful, probably no objection would have been made It was not so, however, and although the work then done has caused such an accumulation of alluvial matter as nearly to prevent the use of this communication with the main river, it has not produced that effect on the main channel which is premised from the proposed work. Your committee, from an examination of the chart of the river, are satisfied that the obstruction proposed will improve the navigation of the river, and will do no injury to individuals, and that therefore the State of

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Georgia should cheerfully yield her assent to it. Nor can they believe that the legislature of Carolina will withhold her assent, when it is considered that her citizens now enjoy the use of the south channel on precisely an equal footing with the citizens of Georgia; that this communication of the north branch with the main channel is now become useless to her citizens, from the accumulations aforementioned; that the proposed obstruction will benefit and improve the main channel of the river; that the back river and this northern branch will still convey to the low or rice lands in Carolina an ample supply of fresh water for irrigation, and therefore beg leave to offer the following resolutions: Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the assent of the State of Georgia to the proposed improvement, to be made under an act of congress, in the navigation of the Savannah river, by throwing or building an obstruction across the north channel of said river, from any point on Argyle island to any point on Hutchinson island, is hereby freely and fully and forever given and granted. Resolved , That his excellency the Governor be authorized to correspond with the executive of South Carolina, and to obtain through him a like authority and assent from the legislature of South Carolina for a work which will be of important and equal benefit to the citizens of both States. Resolved , That his excellency the Governor communicate these resolutions to the United States engineer having charge of said work at Savannah, and also to the war department. Read and agreed to, 9th Dec. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, Concurred in, Dec. 22d, 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, Dec. 22d, 1835.

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HOUSE OF REPRESENTATIVES. The joint committee from the Senate and House of Representatives appointed to take into consideration the utility and practicability of saving the swamp lands on the Savannah river, by means of embankments, or otherwise, have had the subject under constant consideration, and beg leave respectfully to report: That, to improve the condition, physical as well as moral, of the country in which we live, and to which we are bound by all the ties which consecrate our homes, is a work to the successful completion of which the wise and the good will anxiously contribute. National success is certainly the result of individual prosperity, and that system of internal improvement which will most probably eventuate in the achievement of the one, will as surely conduce to the consummation of the other. That Georgia possesses vast and as yet unexplored natural resources, is evident to the most superficial observer. The facilities and advantages of her location, the variety and fertility of her soil, the salubrity of her climate, the extent of her territory, and the genius and character of her people, point to her as a State destined, before the lapse of another century, to occupy a proud and enviable position among her emulous confederates. Of the numerous objects of improvement within our limits, the swamp lands which lie along the western bank of the Savannah river, present claims upon the consideration of the political economist, which may well arrest his attention; and your committee, by the direction of the legislature, have earnestly directed their inquiries to the utility and practicability of saving them from the inundations of the river. That part of the swamp which your committee deem worthy of attention, is to be found between Augusta and the head of tideway, on the Savannah river; its average width is about one mile, and the probable length from one hundred and thirty to one hundred and fifty miles. These lands, at present comparatively worthless to the planter, and of little avail to the State, are believed to be inferior in fertility to no part of the habitable globe. The soil, which

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is alluvial, is a rich mould, formed originally of decomposed vegetable deposits, believed to be altogether inexhaustible, and extending down to the depth of from four to five feet. To reclaim such lands, and reduce them into successful cultivation, your committee believe would, in all probability, result in vast and inestimable benefits, not only to that region of country, but to the whole State of Georgia. The people of Augusta and Savannah would be among the first to experience the advantages of such an operation; and the poor of these cities, who are dependent for support upon their daily supplies, would be enabled to procure their provisions at one half their present price. Corn, which is the first and most material item in the supplies of a family, instead of commanding, as it does now, from eighty cents to one dollar, would be a drug at twenty-five or thirty-seven and a half cents per bushel; and rice, wheat, rye, oats, and all the breadstuffs which are now grown in this country, would be reduced in price precisely in proportion to the increase of the supply. Your committee do not exaggerate these probable results, for they are assured by men who are experienced in agricultural pursuits, that these swamp lands are capable, with proper cultivation, of producing from fifty to one hundred bushels of corn per acre, and other grain in the same proportion; for even now, under every disadvantage, and when, from fear of freshets, the farmer cannot venture to pitch his crop before the first of May, and sometimes not before the first of July, from thirty to sixty bushels to the acre are considered a moderate return. If then they were saved from inundation, it is evident, and every farmer knows, and will acknowledge, that the advantages of early preparation and early planting, would, in all probability, with moderate and usual seasons, insure the supposed increase of production. In addition to these articles of prime and necessary consumption, the great staple commodities of sugar-cane and cotton would be diligently cultivated, and for the same reasons as above, would yield an additional increase. Cane will now ripen up to ten and fifteen joints, and short staple cotton return from one thousand to fifteen hundred weight, in the seed, to the acre on these lands; and if the fresh water was not permitted to retard the cultivation, and molest the growth of these plants, the husbandman will assuredly gather a much more abundant crop. Horses, hogs, cattle and stock of all sorts, would then be raised at home from our overflowing barns, and a considerable portion of the large amount of money which the drovers of the west now annually draw out of the State, would be saved to our people

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and retained in the country. Our export of raw material would be greatly increasedthe farmer and the merchant would receive from that increase additional wealththe price of real and personal estate in Augusta, Savannah, and the intermediate country, would be enhanced; and all the beneficial consequences of plenty and prosperity, in their thousand various ramifications, would be felt and acknowledged by the rich and the poor. If the waters were at all times confined to their natural channel, those who are at all conversant with that stream will at once perceive that the navigation of the Savannah river would be in a short time most materially improved. The sand and mud bars, which are at present the chief obstruction to the passage of steam and pole boats, would in a little while be washed away by the direct, confined, and therefore violent rush of the waters, and the bed or channel of the river would be consequently materially deepened; good wagon roads would be made through any part of the swamp, over which the best steamboat wood could be supplied, at one half its present price, at almost any point on the river; and of course freights, which are now enormously high, would be lowered in proportion to the increased facilities of transportation. The miasmatic and sickly region of the swamp would be made dry and salubrious, and the health of the neighbouring inhabitants consequently improved. Thus all classes of people, the boat owner, the merchant, the farmer, the citizen, and every man from the up country, who trades either to Augusta or Savannah, would reap almost incalculable advantages from the successful completion of such a work. Your committee hope and believe they have established, even from this imperfect view of the subject referred to them, the great and absolute utility of saving these river swamp lands, and it only remains for them to inquire into the probable practicability of such a project. If the final and complete success of the past affords any criterion by which to judge of the probable termination of future experiments of a similar character, and if well known facts are permitted to influence the opinion of your committee, then there can be very little doubt of the entire practicability of restraining the waters of the Savannah river to their natural channel, by embankments. The dikes of Holland, the artificial banks of the river Po in Italy, and the levees which effectually confine the Mississippi, one of the most powerful rivers in the world, for two hundred

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miles above New Oreans, to her original bed, are indisputable evidence that the Savannah river may be dammed in, and the adjacent swamp rendered perfectly arable. In addition to these facts your committee have availed themselves of the views and opinions of many intelligent farmers and practical men, all of whom agree with your committee, and fully concur in the opinions they herewith express. The only objection to such a project is the difficulty of obtaining the means of operation. But it is believed that the removal of this difficulty is wholly within the power of those who may interest themselves in the work. No effort in such an undertaking could possibly avail any thing, unless the individuals directly engaged should promptly adopt a judicious system of operation, and be governed in all their movements by unanimity and concert of action. In such a case the State of Georgia, being always well disposed to foster and protect works of internal improvement, when predicated of individual enterprise, would not, in the opinion of your committee, be averse to lending her name in order to negotiate a loan of money, to forward and promote the undertaking. The State of course, in justice to her own interests, would require to be well secured by pledges of personal responsibility, and valuable and available property, before she would consent to become liable for a single cent. But if the State was secured beyond the possibility of loss, your committee cannot perceive why she should not be ready to aid her people in the manner proposed, in a work of such probable success and beneficial consequences, especially when the loss, if any accrues, must and will fall, not upon the State, but upon those whose persons and property will be liable to the redemption of the debt. In consideration of all which your committee respectfully recommend the adoption of the following resolutions: Resolved , That it would be a work of great utility, and that it is practicable to save the swamp lands on the Savannah river from inundation, by means of embankments. Resolved , That his excellency the Governor be requested to employ a competent engineer, whose duty it shall be to proceed immediately to make an accurate and correct survey of said river bank, and such adjacent parts of the swamp as he may deem necessary, with a view to the construction of said embankment; that he report fully of the premises to

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the next legislature, and that the cost and expense thereof be paid by the Governor, out of any moneys in the treasury not otherwise appropriated. Agreed to, Dec. 19th, 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, Dec. 22d, 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, 26th Dec. 1835. HOUSE OF REPRESENTATIVES. Whereas, there was a double tax, amounting to four thousand dollars, assessed against Leroy Napier as a defaulter in the year one thousand eight hundred and thirty-two, by the receiver of tax returns for the county of Troup; and whereas, by a resolution of the Senate and House of Representatives of this State, agreed to on the fourth day of December, one thousand eight hundred and thirty-three, authorizing and requiring the comptroller general, in his settlement with the tax collector of Troup county, to allow

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said collector a credit of four thousand dollars, that being the amount improperly entered on the books of the receiver of tax returns of the county of Troup, against Leroy Napier for the year one thousand eight hundred and thirty-two, as a defaulter, c. And whereas, the fees of the receiver of tax returns for the said county of Troup, before the credit of four thousand dollars was allowed by a resolution as aforesaid, were one hundred and ninety-one dollars and forty-eight cents, and the fees of the said receiver, after allowing said credit, were sixty-three dollars and ninety-eight cents; and whereas, the comptroller general did not give the tax collector a credit for the full amount of the receiver's fees, but only the amount of sixty-three dollars and ninety-eight cents; and whereas, the said comptroller-general should have allowed said tax collector a credit of one hundred and ninety-one dollars and forty-eight cents Be it therefore resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the comptroller general be authorized and required in his next settlement with Silas Tatum, tax collector of Troup county, to allow the said collector a credit of one hundred and twenty-seven dollars and fifty cents, with the interest thereon for two years, the difference between the sum he should have been credited with, as the fees of the said receiver, and the sum of sixty-three dollars and ninety-eight cents, for which he was actually credited. Agreed to, 20th Nov. 1835. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate , Concurred in, 20th Nov. 1835. ROBERT M. ECHOLS, President of the Senate. AttestArthur A. Morgan, Secretary. WILLIAM SCHLEY, Governor. Approved, 23d Nov. 1835.

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APPENDIX. LIST OF EXECUTIVE WARRANTS Drawn on the Treasurer during the political year one thousand eight hundred and thirty-five, or between the first day of November one thousand eight hundred and thirty-four, and the first day of November one thousand eight hundred and thirty-five. APPROPRIATION FOR COUNTY ACADEMIES. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1834. 1. Nov. 3, Evansville Ac. For their proportion of the Academy Fund apportioned to the county of Morgan, on the 10th day of May, 1834, $73 00 7. Nov. 5, Irwin County, For their proportion of the Academy Fund apportioned to the county of Irwin, in the years 1833 and 1834 102 00 9. Nov. 7, Troup, For their proportion of the Academy Fund apportioned to the county of Troup, 1832 and 1834, 526 00 14. Nov. 10, Telfair, For their proportion of the Academy Fund apportioned to the county of Telfair, 1834, 83 00 16. Nov. 11, Glynn, For their proportion of the Academy Fund apportioned to the county of Glynn, 1833 and 1834, 273 50 18. Nov. 11, Union, For their proportion of the Academy Fund apportioned to the county of Union, 1834, 41 00 24. Nov. 13, Tattnall, For their proportion of the Academy Fund apportioned to the county of Tattnall, 1834, 99 00 26. Nov. 14, Union, For their proportion of the Academy Fund apportioned to the county of Harris, 1834, 97 00 29. Nov. 15, Merriwether, For their proportion of the Academy Fund apportioned to the county of Merriwether, 1834, 209 00 39. Nov. 21, Thomaston, For their proportion of the Academy Fund apportioned to the county of Upson, 1832 and 1833, 301 00 40. Nov. 22, Heard Co., For their proportion of the Academy Fund apportioned to the county of Heard, 1831, 161 39 41. Nov. 24, Carroll, For their proportion of the Academy Fund apportioned to the county of Carroll, 1834, 148 00 44. Nov. 25, Bryan, For their proportion of the Academy Fund apportioned to the county of Bryan, 1834, 98 00 56. Dec. 2, Burke, For their proportion of the Academy Fund apportioned to the county of Burke, 1834, 401 00 58. Dec. 3, Pike, For their proportion of the Academy Fund apportioned to the county of Pike, 1832, 1833 and 1834 747 00 60. Dec. 5, Mount Vernon, For their proportion of the Academy Fund apportioned to the county of Monroe, 1834 92 30 61. Dec. 6, Forsyth Co., For their proportion of the Academy Fund apportioned to the county of Forsyth, 1834 95 00 69. Dec. 12, Tattnall Co., For their proportion of the Academy Fund paid to the county of Tattnall, under resolution of 9th of December, 1834, 504 70 73. Dec. 15, Lafayette, For their proportion of the Academy Fund apportioned to the county of Upson, on the 5th of January, 1833, 46 00 78. Dec. 16, Stone Creek, For their proportion of the Academy Fund apportioned to the county of Twiggs, 10 may, 1834, 66 00 79. Dec. 17, Wayne Co., For their proportion of the Academy Fund apportioned to the county of Wayne, 1832, 1833, 1834, 294 50 84. Dec. 18, Montgom. Co, For their proportion of the Academy Fund apportioned to the county of Montgomery, 1834, 52 00 86. Dec. 18, Oak Hill, For their proportion of the Academy Fund apportioned to the county of Columbia, 1834, 171 00 87. Dec. 18, Locust Grove, For their proportion of the Academy Fund apportioned to the county of Warren, 1834, 114 00 91. Dec. 19, Talbotton, For their proportion of the Academy Fund apportioned to the county of Talbot, 1834, 125 00 101. Dec. 19, Rabun Co., For their proportion of the Academy Fund apportioned to the county of Rabun, 1832, 1833, 1834, 493 00 103. Dec. 20, Cherokee, For their proportion of the Academy Fund apportioned to the county of Cherokee, 1834, 63 00 107. Dec. 20, Columbia, For their proportion of the Academy Fund apportioned to the county of Columbia, 1834, 230 00 113. Dec. 22, Early, For their proportion of the Academy Fund apportioned to the county of Early, 1834, 82 00 1835. 138. Jan. 13, Hill, For their proportion of the Academy Fund of Monroe county, apportioned and paid under a resolution of Dec., 1834, 68 95 139. Jan. 13, Centreville, For their proportion of the Academy Fund of Talbot, 10th May, 1834, 68 00 143. Jan. 16, Jefferson, For their proportion of the Academy Fund of Monroe, and paid under a resolution of Dec., 1834, 88 03 148. Jan. 21, Scriven Co., For their proportion of the Academy Fund of Scriven, 10th May, 1834, 160 00 153. Jan. 26, Jackson, For their proportion of the Academy Fund of Jackson, in 1833, 1834, 451 84 211. Feb. 3, Cicero and Rockspring,[UNK] For their proportion of the Academy Fund of Monroe, paid under a resolution of Dec., 1834, 118 83 220. Feb. 7, Oak Ridge, For their proportion of the Academy Fund of Talbot, 10th May, 1834, 52 00 246. April 9, Franklin, For their proportion of the Academy Fund of Upson, in 1833, 1834, 130 00 317. June 13, Cobb Co., For their proportion of the Academy Fund of Cobb, 1834, 71 00 321. June 15, Jackson, For their proportion of the Academy Fund of Jackson, 1831, 161 39 339. July 1, Hall Co. Acad. For their proportion of the Academy Fund of Hall, 24th June 1835, 543 00 340. July 1, Heard, For their proportion of the Academy Fund of Heard, 1835, 83 00 343. July 1, Hamilton, For their proportion of the Academy Fund of Harris, 1835, 153 08 345. July 1, Forsyth, For their proportion of the Academy Fund of Forsyth, 1835, 95 00 347. July 1, Jackson, For their proportion of the Academy Fund of Monroe, (20th Dec., 1834, per resolution), 1835, 197 95 348. July 1, Fayette, For their proportion of the Academy Fund of Fayette, 1835, 249 00 353. July 1, Midway, For their proportion of the Academy Fund of Baldwin, 1835, 104 42 354. July 1, Houston, For their proportion of the Academy Fund of Houston, 1835, 318 00 357. July 1, Cicero, For their proportion of the Academy Fund of Monroe, 1835, 74 17 358. July 2, Rockspring, For their proportion of the Academy Fund of Monroe, 1835, 65 55 360. July 2, Washington, For their proportion of the Academy Fund of Gwinnett, 1835, 260 56 363. July 2, Hill, For their proportion of the Academy Fund of Monroe, 1835, 81 07 368. July 7, Taliaferro Co., For their proportion of the Academy Fund of Taliaferro 1835, 212 00 369. July 9, Jackson, For their proportion of the Academy Fund of Jackson, 1835, 383 00 371. July 10, Salem, For their proportion of the Academy Fund of Clark, 1835, 175 67 372. July 11, Lake, For their proportion of the Academy Fund of Bibb, 1835, 75 00 376. July 13, Chatham, For their proportion of the Academy Fund of Chatham, 1835, 534 00 379. July 15, Bibb, For their proportion of the Academy Fund of Bibb, 1835, 210 00 381. July 15, Lumpkin, For their proportion of the Academy Fund of Lumpkin, 1835, 198 00 382. July 16, Sparta Male and Female,[UNK] For their proportion of the Academy Fund of Hancock, 1835, 211 97 383. July 16, Male and Fem. For their proportion of the Academy Fund of Monroe, (20th Dec., 1834, per resolution), 1835, 274 53 390. July 16, Jefferson, For their proportion of the Academy Fund of Monroe, 1835, 103 50 392. July 20, Lawrenceville, For their proportion of the Academy Fund of Gwinnett, 1835, 293 44 394. July 20, Jefferson, For their proportion of the Academy Fund of Putnam, 1835, 119 25 395. July 20, County line, For their proportion of the Academy Fund of Monroe, (20th Dec., 1834, per resolution), 1835, 111 72 398. July 21, Corinth, For their proportion of the Academy Fund of Baldwin, 1835, 52 88 401. July 21, Henry Co., For their proportion of the Academy Fund of Henry, 1835, 449 00 402. July 23, Newton, For their proportion of the Academy Fund of Newton, 1835, 445 00 403. July 23, Union Hill, For their proportion of the Academy Fund of Jones, 1835, 216 13 404. July 23, Jefferson Co., For their proportion of the Academy Fund of Jefferson, 1835, 258 00 405. July 24, Scriven, For their proportion of the Academy Fund of Scriven, 1835, 160 00 407. July 25, Clark, For their proportion of the Academy Fund of Clark, 1835, 181 33 412. July 27, Liberty, For their proportion of the Academy Fund of Liberty, 1835, 182 00 413. July 29, Elbert, For their proportion of the Academy Fund of Elbert, 1835, 442 00 416. July 31, Coweta, For their proportion of the Academy Fund of Coweta, 1835, 227 00 417. Aug. 1, Campbell, For their proportion of the Academy Fund of Campbell, 1835, 174 00 419. Aug. 1, Crawford, For their proportion of the Academy Fund of Crawford, 1835, 171 00 462. Aug. 3, De Kalb, For their proportion of the Academy Fund of De Kalb, 1835, 456 00 466. Aug. 6, Bethlehem, For their proportion of the Academy Fund of Washington, 1835, 241 98 471. Aug. 15, Wilkes Co., For their proportion of the Academy Fund of Wilkes, 1835, 478 00 474. Aug. 18, Richmond, For their proportion of the Academy Fund of Richmond, 1835, 418 00 478. Aug. 27, Buckeye, For their proportion of the Academy Fund of Laurens, 1835, 75 10 480. Aug. 29, Farmers, For their proportion of the Academy Fund of Hancock, 1835, 38 92 484. Sept. 5, Butts Co., For their proportion of the Academy Fund of Butts, 1835, 200 00 485. Sept. 9, Lowndes, For their proportion of the Academy Fund of Lowndes, 1834 and 1835, 214 00 487. Sept. 17, Eatonton, For their proportion of the Academy Fund of Putnam, 1835, 255 95 488. Sept. 18, Cobb, For their proportion of the Academy Fund of Cobb, 1835, 71 00 493. Oct. 12, Jasper, For their proportion of the Academy Fund of Jasper, 1835, 461 00 500. Oct. 22, Davisboro, For their proportion of the Academy Fund of Washington, 1835, 125 02 502. Oct. 26, Walton Co., For their proportion of the Academy Fund of Walton, 1835, 404 00 503. Oct. 27, Baldwin, Co, For their proportion of the Academy Fund of Baldwin, 1835, 107 07 $18,781 69

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POOR SCHOOL FUND. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1834. 3. Nov. 5, Scriven Co., For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, 1834, $132 96 4. Nov. 5, Irwin, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, in the years 1833 and 1834, 126 96 10. Nov. 8, Thomas, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, in 1830, 1831, 1832, 1833 and 1834, 874 94 23. Nov. 13, Tattnall, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, 1834, 109 26 45. Nov. 25, Bryan, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, 1834, 43 38 63. Dec. 8, Sumter, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, 1834, 37 32 65. Dec. 9, Walton, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, 1834, 424 68 67. Dec. 11, Forsyth, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, 1834, 122 76 68. Dec. 11, Elbert, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, 1827, 563 89 70. Dec. 13, Baker, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, in 1830, 1831, 1833 and 1834, 248 84 71. Dec. 13, Effingham, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, 1834, 102 66 75. Dec. 16, Burke, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, 1834, 320 58 76. Dec. 16, Greene, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, 1834, 291 90 77. Dec. 16, Putnam, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, 1834, 317 64 80. Dec. 17, Wayne, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, in 1830, 1831, 1832, 1833 and 1834, 313 40 83. Dec. 18, Montgomery, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, 1834 56 76 85. Dec. 18, Telfair, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, 1832 and 1834, 180 22 95. Dec. 19, Appling, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, paid under a resolution of this date, to the year 1834 inclusive, 783 68 106. Dec. 20, Laurens, For the proportion of the Poor School Fund apportioned to said county on the 10th May, 1834, 180 30 109. Dec. 20, Columbia, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, 1833 and 1834, 513 52 1835. 336. June 30, Early, For the proportion of the Poor School Fund apportioned to said county on the 10th day of May, 1833 and 1834, 174 46 341. July 1, Hall, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835, 625 91 342. July 1, Heard, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835, 82 93 344. July 1, Harris, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835, 234 19 346. July 1, Forsyth, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835, 114 58 349. July 1, Fayette, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835, 266 16 355. July 1, Houston, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835, 313 66 356. July 1, Jackson, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835, 377 10 361. July 2, Merriwether, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835, 201 77 364. July 2, Elbert, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835, 357 78 366. July 2, Clark, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835, 287 50 370. July 10, Jasper, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835, 355 74 373. July 11, Morgan, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835, 1,148 83 380. July 15, Wilkinson, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 267 96 386. July 16, Jones, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 346 98 388. July 16, Hancock, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 281 23 391. July 18, Talbot, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 250 60 393. July 20, Gwinnett, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 612 02 397. July 21, Pike, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 263 93 400. July 21, Henry, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 469 68 408. July 25, Newton, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 453 66 414. July 30, Washington, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 325 47 415. July 31, Upson, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 219 58 418. Aug. 1, Campbell, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 190 29 420. Aug. 1, Jefferson, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 196 78 463. Aug. 3, De Kalb, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 505 51 464. Aug. 3, Carroll, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 171 75 469. Aug. 12, Richmond, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 311 25 472. Aug. 15, Wilks, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 291 76 473. Aug. 18, Taliaferro, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 173 88 479. Aug. 28, Bibb, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1835 250 60 483. Sept. 4, Union, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1834 and 1835, 104 75 486. Sept. 9, Lowndes, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1834 and 1835, 249 99 489. Sept. 22, Pulaski, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1834 and 1835, 167 78 490. Sept. 25, Laurens, For the proportion of the Poor School fund due said county by a distribution made 24th of June, 1834 and 1835, 168 28 $16,559 99

Page 4

SPECIAL APPROPRIATION, 1833. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1834. 74 Dec. 15, Robert Thompson, For amount allowed him by the appropriation act of 22d December, 1832, $15 00 SPECIAL APPROPRIATION, 1834. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1834. 2 Nov. 4, W. W. Vaughan, For taking the census of the county of Forsyth, as provided for by the act of 21st December, 1833, 44 50 12 Nov. 10, Adiel Sherwood, For the amount allowed him by the appropriation act of 1834, 4 80 13 Nov. 10, Thomas Espy, For the amount due him for taking the census of Cass county, as provided for by the act of 21st December, 1833, 29 37 28 Nov. 15, Absalem C. Avery, For the amount due him for taking the census of Cherokee county, as provided for by the act of 21st December, 1833, 30 12 59 Nov. 29, M. M. Blalock, For the amount due him for taking the census of Murray county, as provided for by the act of 21st December, 1833, 17 75 81 Dec. 17, V. Jett, For the amount due him for taking the census of Cass county, as provided for by the act of 21st December, 1833, 34 50 1835. 133 Jan. 5, William G Springer, For his fourth quarter pay as agent of the State for the Cherokee Indians, 1834, 250 00 141 Jan. 15, Peter J. Williams and John Marlor,[UNK] For the balance of the appropriation of 1834, made in December 1833, for the purpose of purchasing the freedom of negro Sam, and for rewarding other slaves who were active in extinguishing the fire on the State House, to be equally divided between Edmund, Harry and Warren, agreeably to the recommendation of said Williams and Marlor, 200 00 $611 04

Page 5

SPECIAL APPROPRIATION, 1835. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1834. 111 Dec. 20, Benjamin F. Johnson, For amount allowed him by the act of 20th December, 1834, 106 00 112 Dec. 22, William G. Springer, For amount allowed him by the act of 20th December, 1834, 500 00 114 Dec. 22, James Wood, For amount allowed him by the act of 20th December, 1834, 2,200 00 121 Dec. 23, W. W. Gordon, Mayor, c.,[UNK] For the amount appropriated for the city of Savannah by the act of 20th December, 1834, 1,511 16 122 Dec. 24, Marlor, Tucker and Smith,[UNK] For the balance due them as contractors for improving and repairing the State House, 2,209 67 124 Dec. 31, John A. Cuthbert, For amount allowed him by the act of 20th December, 1834, for professional services in the investigation of Judge Hooper's official conduct, before a Committee of the House of Representatives, 100 00 125 Dec. 31, John A. Cuthbert, For contingent expenses as Secretary of the Senate, as allowed by the act of 20th December, 1834, 60 00 126 Dec. 31, Slave Peter, For amount allowed him by the act of 20th December, 1834, 150 00 1835. 137 Jan. 8, James B. Henson, For amount allowed him by the act of 22d December, 1834, 150 00 140 Jan. 14, William W. Carnes, For amount allowed him by the act of 20th December, 1834, 400 00 144 Jan. 16, Abraham Stevens, For the amount allowed him by the act of 20th December, 1834, 14 14 15 Jan. 21, C. J. Paine, Admr., For the balance due the estate of Orris Paine deceased, for covering the roof of the State House, 66 87 200 Feb. 2, William A. Tennille, For his first quarter allowance for clerk hire as Secretary of State, 100 00 201 Feb. 2, John Bethune, For his first quarter allowance for clerk hire as Surveyor-General, 100 00 202 Feb. 2, William D. Jarratt, For his first quarter salary as Inspector of the Penitentiary, 1835, 56 00 203 Feb. 2, Benjamin A. White, For his first quarter salary as Inspector of the Penitentiary, 1835, 56 00 204 Feb. 2, John A. Cuthbert, For his first quarter salary as Inspector of the Penitentiary, 1835, 56 00 205 Feb. 2, Peter Fair, For his first quarter salary for taking care of the Senate and Representative chambers, for winding up the State House clock, and for sweeping the gutters on the roof of the State House, 56 25 212 Feb. 3, William Lasseter, For amount allowed him by the act of 20th December, 1834, 40 00 213 Feb. 3, P. T. Schley, For the one-third part of the sum appropriated to compensate the Committee appointed to draft a new Military Code, 166 67 217 Feb. 5, John A. Cuthbert, For the one half of the appropriation of 22d December, 1834, to compensate the Committee appointed to draft a new Military Code, James A. Merri-wether, one of said Committee, having declined accepting his third part of the same, 250 00 222 Feb. 13, Lancelot Johnson and Edmond Gresham,[UNK] For amount allowed them by the act of 20th December, 1834, 435 00 225 Feb. 17, James Hollingsworth and H. H. Howard,[UNK] For amount allowed them by the act of 22d December, 1834, 362 79 227 Feb. 21, John H. Sloan and S. Smith, Commissioners,[UNK] For amount appropriated for the improvement of Locust Stake Road, by the act of 9th December, 1834, 1,500 00 231 March 6, William N. Bishop, For services as Indian Agent in the Cherokee Territory, 200 00 233 March 6, P. T. Schley, For the balance of the fund appropriated to compensate the Committee appointed to draft a new Military Code, James A. Merri-wether, one of said Committee, having declined accepting his third part of the same, 83 33 245 April. 9, N. Johnson, For cost of a Suit in favour of the State v. John Broadnax, in Troup Superior Court, per Appropriation act of 1834, 30 00 256 May 2, Charles H. Nelson, For services as Indian Agent in the Cherokee counties to 22d April last, 228 00 290 May 4, William A. Tennille, For his second quarter allowance for clerk hire as Secretary of State, 100 00 291 May 4, John Bethune, For his second quarter allowance for clerk hire as Surveyor-General, 100 00 292 May 4, William D. Jarratt, For his second quarter salary as Inspector of the Penitentiary, 56 00 293 May 4, Benjamin F. White, For his second quarter salary as Inspector of the Penitentiary, 56 00 294 May 4, John A. Cuthbert, For his second quarter salary as Inspector of the Penitentiary, 56 00 295 May 4, Peter Fair, For his second quarter pay for taking care of the Legislative Halls, winding up the State House clock, c., 56 25 301 May 4, Thomas Haynes, For amount allowed him by the act of 20th December, 1834, 300 00 318 June 15, John H. Lowe, Administrator, c.,[UNK] For the amount appropriated for him by the act of 22d December, 1834, 211 69 328 June 17, William N. Bishop, For services as Certifying Agent in the Cherokee counties, per account rendered, 160 00 333 June 27, William Grant, For the amount allowed him by the Appropriation act of 1834, 100 00 384 July 16, C. H. Nelson, For 41 days' service as Agent in the Cherokee counties, 123 00 409 July 25, Elijah Sinclair, Commissioner,[UNK] For the amount of the appropriation by the act of the 20th December, 1834, for educating the indigent deaf and dumb, 3,000 00 451 Aug. 3, William A. Tennille, For his third quarter allowance for clerk hire as Secretary of State, 100 00 452 Aug. 3, John Bethune, For his third quarter allowance for clerk hire as Surveyor-General, 100 00 453 Aug. 3, William D. Jarratt, For his third quarter salary as Inspector of the Penitentiary, 56 00 454 Aug. 3, Benjamin A. White, For his third quarter salary as Inspector of the Penitentiary, 56 00 455 Aug. 3, John A. Cuthbert, For his third quarter salary as Inspector of the Penitentiary, 56 00 456 Aug. 3, Peter Fair, For his third quarter pay for taking care of the Senate and Representative chambers, winding up the State House clock, c., 56 25 496 Oct. 15, Charles H. Nelson, For 49 days' service as Agent for the protection of the Cherokees, c., 147 00 512 Oct. 31, William N. Bishop, For 41 days' service as Agent for the protection of the Cherokees, c., 123 00 543 Oct. 31, William A. Tennille, For his fourth quarter allowance for clerk hire as Secretary of State, 100 00 544 Oct. 31, John Bethune, For his fourth quarter allowance for clerk hire as Surveyor-General, 100 00 545 Oct. 31, William D. Jarratt, For his fourth quarter pay as Inspector of the Penitentiary, 56 00 546 Oct. 31, B. A. White, For his fourth quarter pay as Inspector of the Penitentiary, 56 00 547 Oct. 31, John A. Cuthbert, For his fourth quarter pay as Inspector of the Penitentiary, 56 00 548 Oct. 31, Peter Fair, For his fourth quarter pay for taking care of the Legislative Halls, winding up the State House clock, c., 56 25 $16,625 32

Page 8

ROAD AND RIVER FUND, 1834. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1834. 32 Nov. 18, John L. Lewis, For professional services rendered in defending the case Warren Jordan v. W. C. Lyman, Superintendent, in Jones Superior Court, 20 00 33 Nov. 18, Eli M`Connell, For articles of provision furnished the Superintendent of the public hands in the Eastern Division, 22 27 36 Nov. 20, William Curry, For articles of provision furnished the Superintendent of the public hands in the Eastern Division, 91 31 37 Nov. 20, Thomas H. Dozier, For articles of provision furnished the Superintendent of the public hands in the Eastern Division, 37 50 104 Dec. 20, John J. Beasley, For costs due him and other officers of Jones Superior Court in the case Warren Jordan v. W. C. Lyman, Superintendent, 24 00 1835. 135 Jan. 6, David T. Evans, For smiths' work and materials in ironing fugitive slaves belonging to the State, and attached to the Eastern Division, 7 00 $202 08

Page 9

PENITENTIARY FUND, 1834. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1834. 50 Nov. 29, Inspectors of the Penitentiary,[UNK] For the balance of the fund appropriated for the Penitentiary by the act of 21st December, 1833, $ 2,500 00 PENITENTIARY FUND, 1835. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1835. 215 Feb. 5, Inspectors of the Penitentiary,[UNK] For an advance to them from the fund appropriated by the act of 20th December, 1834, for finishing the Penitentiary buildings, c., c., 2,000 00 242 April 2, Inspectors of the Penitentiary,[UNK] For balance of 20th December, 1834, for finishing the Penitentiary buildings, c., c., 6,200 00 $8,200 00 CONTINGENT FUND, 1834. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1834. 5 Nov. 5, Isaac B. Deavers, For his insolvent list as Tax Collector of Upson county for the year 1833, 3 36 6 Nov. 5, Hill and Atwater, For work done for the offices of Treasurer and Surveyor-General, per account rendered, 36 00 8 Nov. 6, David Williams, For refunding to him this sum in current money in lieu of the like sum in Macon bills, in pursuance of a resolution of 23d December, 1833, 7 00 15 Nov. 10, William W. Carnes, For postage incurred by him as Comptroller-General during the political year 1834, 39 23 17 Nov. 11, Little Harris, For his insolvent list as Tax Collector of Heard county for the year 1832, 11 26 19 Nov. 11, Jacob M. Johnson, For painting done in the office of Comptroller-General, per account rendered, 9 25 20 Nov. 11, G. W. E. Bedell, For the per centage due him as Sheriff of Harris county on the sale of the State's interest in lot 238 of the 20th Muscogee, 1 00 21 Nov. 13, William N. Bishop, For bearing despatches express to the Sheriffs of the counties of Mur- ray and Walker, in relation to the cases John Hog Smith and James Graves, Cherokee Indians, convicted of the crime of murder, 50 00 22 Nov. 13, William N. Bishop, For amount paid by him to an attorney for legal services rendered in defending an injunction served on him as Agent to rent fractions in Cherokee, in the year 1832, 20 00 30 Nov. 17, John J. Perry, For bearing despatches by express resolutions of the General Assembly, approved this day, to the counties of Murray and Walker, relative to the citation from the Supreme Court in the case of James Graves, 30 00 31 Nov. 17, Daniel Gartman, For amount directed to be paid him by resolution passed 23d December, 1833, 5 00 34 Nov. 17, Nathaniel Martin, For his insolvent list as Tax Collector of Liberty county for the year 1832, 28 88 38 Nov. 20, William Duke, For his insolvent list as Harris, 1833, 10 07 42 Nov. 25, E. D. Puckett, For bringing the returns of the General Election in October 1834 for the county of Cass, 30 00 43 Nov. 25, John Coalson, For his insolvent list as Tax Collector of Pulaski county for the year 1833, 36 82 47 Nov. 28, David Williams, For his Bulloch, 1832, 3 65 52 Nov. 29, Thomas C. Dunlap, For his insolvent, list as Tax Collector of Heard county for the year 1832, 20 62 53 Nov. 29, Peter Fair, For work done by him, and for the pay of hands employed in arranging cellar rooms in State House, and for removing public library, 50 00 54 Dec. 1, Hill and Atwater, For making five pairs of blinds for the basement story of the State House, and for other work done in and about the State House square, 72 57 55 Dec. 1, William K. Bagbey, For his insolvent list as Tax Collector of Newton county for the year 1833, 27 76 64 Dec. 8, James Myers, For his insolvent list as Tax Collector of Newton county Glynn, 1832, 4 43 72 Dec. 15, Joseph Marshall, For his insolvent list as Tax Collector of Newton county Decatur, 1833, 21 99 82 Dec. 18, J. Gnann, For his insolvent list as Tax Collector of Newton county Effingham, 1833, 5 07 105 Dec. 20, John Williams, For amount of expenses incurred by him in the burial of M`Lin Lunday, Esq., late a member of the House of Representatives, 12 15 116 Dec. 22, Joseph Sturgis, For the amount paid by him as purchaser of lot 571 in the town of Columbus, sold through mistake, 16 20 1835. 510 Oct. 30, Francis M. Stone, For repairing and cleaning 606 muskets in the Arsenal at Savannah, 201 36 549 Oct. 31, Peter Fair, For his fourth quarter pay as Messenger of the Executive department, 100 00 550 Oct. 31, C. D. Hammond, For the fourth quarter pay of the State House Guard, 305 00 551 Oct. 31, Governor's Secretaries,[UNK] For their fees on grants passed during the fourth quarter, 67 84 $1,227 11

Page 11

CONTINGENT FUND, 1835. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1834. 115 Dec. 22, John Williams, For expenses incurred by him in the burial of Aaron Jones, late a member of the House of Representatives, 15 25 117 Dec. 22, John J. Humphreys, For the expense incurred by him as Sheriff of Murray county, in the employment of a guard to attend the execution of James Graves, in pursuance of a resolution of the General Assembly, approved 12th November last, 275 40 118 Dec. 22, William Falkner, For the expense incurred by him as Sheriff of Walker county, in the employment of a guard to attend the execution of John Hog Smith, in pursuance of a resolution of the General Assembly, approved 12th November last, 337 00 119 Dec. 22, William N. Bishop. For expenses incurred by him in executing orders of the Commander in-Chief under date of 12th November, 1834, by the employment of additional guards at the instance of the Sheriffs of Murray and Walker counties, to aid the civil authority in executing James Graves and John Hog Smith, Cherokee Indians, convicted of murder in said counties, 399 82 120 Dec. 22, William N. Bishop, For his commissions of ten per cent. on notes taken for rent of fractions in Cherokee in 1833, the same not having been retained by him in his settlement with the State as renting Agent, 78 80 123 Dec. 31, Henry Darnell, For extra work in cleaning the Senate and Representative chambers, after being replastered, and for making carpets and curtains for said chambers, 35 00 1835. 130 Jan. 1, Solomon D. Betton, P. M.,[UNK] For postage on letters, c. to and from the Executive department up to the 31st ultimo, inclusive, 370 13 134 Jan. 6, John Marlor, For making three coffins and graves for Messrs. Lewis, Lunday and Jones, late members of the General Assembly, 113 00 142 Jan. 16, William G. Lane, For various articles of stationary, c., furnished for the use of the public offices, 341 68 145 Jan. 17, James Primrose, For his insolvent list as Tax Collector of Richmond county for the year 1833, 128 48 146 Jan. 17, Christian Nuits, For taking down, cleaning, putting up and regulating the State House clock, and making new dials and hands, 175 00 151 Jan. 23, Inferior Court of Coweta county,[UNK] For expenses incurred in measures to prevent the spread of the Small Pox, in pursuance of the provisions of a resolution of the late General Assembly, 957 25 152 Jan. 24, R. A. Greene, For the purpose of paying small accounts against the Executive department, 100 00 154 Jan. 26, R. A. Greene, For the purpose of paying bills of expenses incurred by the State under the act of Congress passed 1793, respecting fugitives from justice, c., on account of apprehending Dennis Adams, a fugitive from this State to the territory of Florida, per account certified by the Governor of said territory, 48 00 156 Jan. 31, F. V. Delaunay, For furnishing 75 cords of wood and 12 cords of light wood for the use of the public offices, 202 69 157 Jan. 31, John D. Stapleton, For bringing the express from the county of Stewart, relative to Indian depredations, 25 00 206 Feb. 2, Peter Fair, For his first quarter salary as Messenger of the Executive department, 100 00 207 Feb. 2, C. D. Hammond, Captain,[UNK] For the first quarter pay of the guard kept at the State House, 390 00 208 Feb. 2, Governor's Secretaries,[UNK] For their fees on grants passed during the first quarter, 1835, 257 02 214 Feb. 4, Henry Britt, For his insolvent list as Tax Collector of Randolph county for the year 1833, 10 79 216 Feb. 5, C. C. Mills, P. R. P., For work done for the public offices from 4th December, 1833 to 1st December, 1834, 278 00 218 Feb. 6, David Bell, For his insolvent list as Tax Collector of Chatham county for the year 1833, 127 35 219 Feb. 6, Charles F. Lay, For the reward offered by Executive proclamation for the apprehension of Johnson, one of the Cherokee Indians who escaped from Gwinnett county jail, 150 00 221 Feb. 9, John L. M'Coy, For riding express from State and Federal Agents in Cherokee, 47 50 224 Feb. 17, Thomas B. Stubbs, For various articles of Stationary furnished for the Legislature and Executive departments, 52 12 226 Feb. 19, Ferdinand Bailey, For apprehending Cherokee Indian Titus, in pursuance of an Executive proclamation, 150 00 229 Feb. 27, Hill and Atwater, For materials and labour in repairing fence around public square, 11 00 232 March 6, Joseph Stallsworth and H. D. Hoskins,[UNK] For the reward offered by Executive proclamation for the apprehension of James Halliday, charged with murder, 250 00 237 March 17, R. A. Greene, For the purpose of paying small incidental expenses against the Executive department, 100 00 238 March 23, Samuel F. Ryan, For the reward offered by Executive proclamation for the apprehension of Thomas King, George and Hiram, his sons, 500 00 239 March 25, H. R. Ward, For services and expenses in travelling through the counties of Sumter, Lee, Stewart, Randolph and Baker, for the purpose of obtaining correct information relative to the nature and extent of the recent depredations committed on the persons and property of the citizens of those counties by the Creek Indians, 500 00 240 March 26, John Oxford, For taking the census of the county of Lumpkin, in pursuance of the act of 1833, 98 87 243 April 2, Solomon D. Betton, P. M.,[UNK] For postage on letters, c. to and from the Executive department from 1st January to 1st April, 1835, 437 25 244 April 2, Peter Fair, For services and expenses in tieing up in bundles the laws and Journals of 1834, to be sent to the several counties, 30 00 247 April 13, Thomas J. Shinholster,[UNK] For delivering the laws and journals of 1834 to the counties composing the Northern circuit, 90 00 248 April 15, Garner Edwards, For delivering the laws and journals of 1834 to the counties composing the Middle circuit, 106 00 251 April 24, M. P. Smith, For delivering the laws and journals of 1834 to the counties composing the Southern circuit, 162 00 252 April 25, Hugh Knox, For delivering the laws and journals of 1834 to the counties composing the Coweta, Ocmulgee and Flint circuits, 210 00 254 April 28, Charles C. Mills, For delivering the laws and journals of 1834 to the counties composing the Western circuit, 117 00 255 April 30, Abraham Stephens, For delivering the laws and journals of 1834 to the counties composing the Eastern and Chattahoochie circuits, 206 00 258 May 2, Cornelius M`Carty, For delivering the laws and journals of 1834 to the counties composing the Cherokee circuit, 229 00 296 May 4, Peter Fair, For his second quarter's salary as Messenger of the Executive department, 100 00 297 May 4, Charles D. Hammond, For the second quarter pay of the State House guard, 300 75 298 May 4, Governor's Secretaries,[UNK] For their fees on grants passed during the second quarter, 1835, 89 60 304 May 15, James Ramsey, For the reward offered by Executive proclamation for the apprehension of Philip Johnson, charged with the murder of Riley, 200 00 305 May 22, Henry Darnell, For work done on the State House square, per account rendered, 30 75 307 May 22, L. R. Atwater, For making fire screens for the State House offices, 34 56 308 May 25, H. B. Hill, For materials and labour in repairing, under the order of the Inferior Court of Baldwin county, a building for the reception of persons diseased with the Small Pox, 138 15 309 May 27, Samuel Tucker, For materials and labour in building chimneys under the order of said Court to do, 66 00 312 June 1, William G. Lane, For various articles of Stationary furnished for the use of the Executive departments and Legislature, 678 27 314 June 6, R. A. Greene, For the purpose of paying small accounts against the Executive department, 100 00 315 June 8, W. W. Gordon, Mayor, c.,[UNK] For hospital expenses incurred in cases of Small Pox by the authorities of the city of Savannah, 379 71 322 June 15, Stephen Hightower, For his insolvent list as Tax Collector of De Kalb county for the year 1833, 4 55 324 June 15, John M. Sellers, For his insolvent list as Tax Collector of De Kalb county Applying 1832 and 1833, 12 29 325 June 16, W. W. Gordon, Mayor, c.,[UNK] For balance due (by mistake in warrant No. 315) to the city authorities of Savannah for hospital expenses in cases of Small Pox, (See warrant No. 315), 18 00 327 June 17, William N. Bishop, For defraying expenses of subsistence, c. of the guard organized under his command for the security, relief and protection of the citizens and friendly Cherokees residing in the Cherokee circuit, in pursuance of a resolution of the General Assembly, approved 18th December, 1834, 1,000 00 330 June 20, James Gladden, For labour and materials furnished in cleaning and repairing 119 muskets in the Arsenal at Milledgeville, 177 12 332 June 27, Isaac Lang, For his insolvent list as Tax Collector of Camdem county for the years 1832, 1833, 34 87 334 June 27, Samuel T. Henderson, For his insolvent list as Tax Collector of Camdem county for Lowndes, 1833, 26 00 337 June 30, Inferior Court, Early county,[UNK] For hospital expenses incurred in cases of Small Pox in said county, 609 50 338 June 30, Charles Smith, For his insolvent list as Tax Collector of Baldwin county for the year 1833, 7 02 365 July 2, Allen M`Whorter, For his insolvent list as Tax Collector of Carroll county for the year 1832, 28 51 367 July 6, Sol. D. Betton, For postage on letters, c. to and from the Executive department from 1st April to list July inst., 254 42 374 July 11, Newell Duncan, For articles of merchandise, c. furnished for the use of the Executive department, 25 25 377 July 13, Robert Micklejohn, Sec., c.,[UNK] For the purpose of paying various hospital expenses incurred by the corporate authorities of the town of Milledgeville, under the direction of the Inferior Court of Baldwin county, in cases of Small Pox in said corporation, in pursuance of the resolution of the General Assembly, approved 6th December, 1834, 773 62 389 July 16, John Agnew, For the reward offered for the apprehension of Swimmer, a Cherokee Indian, by proclamation of 13th January, 1835, 200 00 411 July 27, R. A. Greene, For the purpose of paying the bill of F. M. Stone, of military articles purchased by the directions of the Governor, 714 93 457 Aug. 3, Peter Fair, For his third quarter salary as Messenger of the Executive department, 100 00 458 Aug. 3, C. D. Hammond, For the third quarter pay of the State House guard, 308 25 459 Aug. 3, Governor's Secretaries,[UNK] For their fees on grants during the third quarter, 83 71 467 Aug. 7, James Gladden, For repairing and cleaning 212 muskets in the Arsenal at Milledgeville, in conformity to a resolution of the General Assembly, 152 62 476 Aug. 24, W. N. Bishop, For the purpose of defraying expenses in support of the guard organized in the Cherokee counties, 500 00 477 Aug. 24, W. N. Bishop, For defraying the expense of transportation of arms, c. for the use of the guard organized in the Cherokee counties, 130 00 481 Aug. 31, J. J. Johnson, For the reward offered by Executive proclamation for the apprehension and delivery of Te-sam-tooska, a Cherokee Indian, sentenced to the Penitentiary from Cherokee Superior Court, 150 00 491 Oct. 3, Solomon D. Betton, For postage on letters, c. to and from the Executive department from 1st July to 1st October inst., 221 73 494 Oct. 13, Arthur Gilbert, For bringing the return of the General Election from the county of Union, 38 00 495 Oct. 15, A. Hughs, For bringing the return of the General Election from the county of Walker, 48 00 497 Oct. 16, Stovall, Simmons Co.,[UNK] For copper purchased and forwarded to be used on the roof of the State House, and for freight, wharfage, c. on articles consigned to them for the Executive department, 55 71 498 Oct. 16, Nichols Deming, For andirons for the Legislative chambers, 13 36 499 Oct. 16, B. H. Robinson, For articles of Stationary, c. furnished for the Executive and Legislative departments, 500 00 501 Oct. 24, Samuel Tucker, For three stone slabs, to be placed over the graves of Jonathan Lewis, M`Lin Lundayand Aaron Jones, Esqs., late members of the General Assembly, per resolution of the Legislature of 1834, 246 82 504 Oct. 27, William A. Tennille, For letter postage incurred by him as Secretary of State during the years 1834 and 1835, 24 65 505 Oct. 27, Alexander Morrison, For binding record books, c. for the public offices between Januaary 17 and 27th inst., 72 12 506 Oct. 30, James Tedford, For making 41 holsters and coverings for pistols belonging to the public Arsenal at Milledgeville, 132 25 507 Oct. 30, W. N. Bishop, For the pay and the balance due for subsistence of the guard organized in the Cherokee circuit, for the first quarter ending 30th September ult., 2,452 72 508 Oct. 30, W. N. Bishop, For his pay as commander of the guard organized in the Cherokee circuit, from 1st June to the 31st October inst., at $100 per month, 500 00 509 Oct. 30, James Gladden, For repairing and cleaning 40 muskets in the Arsenal at Milledgeville, 30 25 511 Oct. 31, John Bethune, For letter postage incurred by him as Surveyor-General from 31st October, 1833 to 31st October, 1835, 22 98 $19,999 44

Page 19

PRINTING FUND, 1834. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1834. 11 Nov. 8, J. N. Bethune, For advertizing in the Columbus Inquirer the State's interest in lot 137 in the 6th district Troup county, $2 50 25 Nov. 14, Campbell Guerry, For Executive subscription to Columbus Sentinel to 1st October, 1834, 3 00 27 Nov. 14, C. E. Bartlett, For advertizing acts of 1833 for altering the Constitution, 112 50 35 Nov. 19, Arnold and Bulloch, For printing done for the public in the Georgian up to 1st January, 1834, 263 75 46 Nov. 26, J. G. M`Whorter, For printing done for the public at the office of the Courier, between November, 1821 and July, 1834, and for subscription to 18th August, 1834, 462 93 48 Nov. 28, William Robertson, For printing done for the public in the Savannah Georgian between 15th November, 1831 and 1st December, 1832, and for subscription to said paper from 25th November, 1830 to 1st January, 1833, 39 74 49 Nov. 28, M. H. Gathright, For printing done for the public in the Recorder and Spy up to the 3d September, 1834, and for subscription to the end of Vol. II., 16 75 57 Dec. 2, William J. Bunce, For printing done for the public in the Constitutionalist between 15th November, 1831 and 4th May, 1832, and for subscription to July, 1832, 27 19 59 Dec. 3, P. L. B. H. Robinson,[UNK] For an advance to them as contractors to print the laws and journals, as per resolution of 27th ultimo, 2,000 00 62 Dec. 8, P. L. B. H. Robinson,[UNK] For advertisements published in the Standard of Union, and for job work done for the Executive departments, 252 62 66 Dec. 9, William S. Rockwell, For printing blanks for the office of Surveyor-General, 29 00 $3,209 98

Page 20

PRINTING FUND, 1835 No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1834. 127 Dec. 31, James N. Bethune, For advertizing in the Columbus Inquirer the State's interest in lots fraudulently drawn in Muscogee county, $5 00 1835. 136 Jan. 8, P. L. B. H. Robinson,[UNK] For printing blanks for the offices of Comptroller-General and Secretary of State, 33 00 230 March 6, A. H. Pemberton, For publishing in the Chronicle the report of a Committee of the Legislature of 1833 in relation to the Merchants' and Planters' Bank, 20 00 235 March 10, Thomas L. Jones, For Executive subscription to Richmond Inquirer from 1st December, 1834 to 1st December, 1835, 5 00 241 March 27, P. L. B. H. Robinson,[UNK] For the balance due them for printing the laws and journals of the late General Assembly, 4,099 00 249 April 16, George Oates, For the Executive subscription to the daily National Intelligencer to August, 1835, for daily Globe to 27th December, 1835, and for North American Review to December, 1834, 32 50 253 April 25, M. H. Gathright, For advertizing done for the public in the Minor's Recorder to 28th ultimo, 95 75 257 May 2, Cuthbert Hunt, For job printing for the legislature under contract, and for advertizing in the Federal Union various public laws, bank reports, proclamations, c., c., 1,788 50 259 May 2, Clark Guerry, For various advertisements published in the Columbus Sentinel, per account, 23 75 302 May 5, Cuthbert Hunt, For job printing done for the public offices, per account, 138 50 303 May 12, M. Bartlett, For printing done for the State, and for Executive subscription to the Telegraph to November, 1835, 151 37 310 May 30, C. Macardell, For advertizing in the Savannah Free Press the Executive order of the 14th March, 1835, relative to claims of citizens against Creek Indians, 12 00 311 May 30, W. B. Harrison, For advertizing in the Savannah Mercury the Executive order of the 14th March, 1835, relative to claims of citizens against Creek Indians, 12 00 313 June 4, P. L. B. H. Robinson,[UNK] For publishing in the Standard of Union various acts of the General Assembly, and other advertisements, including bank reports for April, 1835, and for job printing done for the public offices to this date, 500 87 329 June 18, A. H. Pemberton, For publishing in the Augusta Chronicle the Executive order of 14th March last relative to claims against Creek Indians, 7 50 331 June 24, S. W. Minor, For publishing in the Coweta Advertizer the Executive order of 14th March, and for subscription to February, 1836, 15 50 350 July 1, James T. Hay, For publishing the notice issued from the Executive department relative to claims against the Creek Indians, and for bank reports for April, 1835, 324 38 351 July 1, Prince Ragland, For publishing various advertisements in the Georgia Journal between 19th October, 1834 and 30th June, 1835, and for job work executed for the office of the Surveyor-General, per account, 56 75 352 July 1, Grieve Orme, For publishing in the Southern Recorder between 28th May, 1834 and 24th March, 1835, and for job printing done for the offices of Surveyor-General and Comptroller, 116 11 362 July 2, M. Bartlett, For publishing in the Macon Telegraph the bank reports for April, 1835, 315 00 375 July 11, Editors of Columbus Sentinel,[UNK] For publishing bank reports for April, 1835, 167 00 387 July 16, John B. Hood Son,[UNK] For printing done for the public in the Cassville Gazette, per account, 12 00 468 Aug. 11, S. Rose Co., For publishing notice in relation to claims to citizens against Creek Indians, 10 50 470 Aug. 14, A. Chase, For advertisements inserted in the Southern Banner, per account, 326 00 475 Aug. 24, P L. Robinson, For printing done for the public at the office of the Standard of Union, 130 00 492 Oct. 9, William S. Rockwell, For advertisements inserted in the Times, 19 00 $8,416 98

Page 22

MILITARY FUND, 18345. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1834. 88 Dec. 18, William Turk, For twelve days' services as Inspector of the Second Brigade of the Fourth Division Georgia Militia, 1834, $48 00 89 Dec. 18, Gray A. Chandler, For twenty-five days' services as Inspector of the First Brigade of the Second Division Georgia Militia, 1834, 100 00 90 Dec. 18, John Butts, Jun., For twenty days' services as Inspector of the Second Brigade of the Seventh Division Georgia Militia, 1834, 80 00 92 Dec. 19, Joshua Sutton, For forty days' services as Inspector of the Seventh Division Georgia Militia, 1834, 160 00 93 Dec. 19, Chappell Cox, For twenty-one days' services as Inspector of the Second Brigade of the Tenth Division Georgia Militia, 1834, 84 00 94 Dec. 19, William E. Wilson, For thirty-seven days' services as Inspector of the First Brigade of the Seventh Division Georgia Militia, 1834, 148 00 96 Dec. 19, Jonn G. Slappey, For thirty-three days' services as Inspector of the Sixth Division Georgia Militia, 1834, 132 00 97 Dec. 19, G. C. Anderson, For fifteen days' services as Inspector of the Eleventh Division Georgia Militia, 1834, 60 00 98 Dec. 19, Thomas Akins, For seven days' services as Inspector of the First Brigade of the Eleventh Division Georgia Militia, 1834, 28 00 99 Dec. 19, C. H. Nelson, For twenty-one days' services as Inspector of the Twelfth Division Georgia Militia, 1834, 84 00 100 Dec. 19, A. B. Dawson, For twelve days' services as Inspector of the First Brigade of the Tenth Division Georgia Militia, 1834, 48 00 102 Dec. 19, Mark Wilcox, For eighteen days' services in 1833, and twenty-eight days' services in 1834, as Inspector of the Second Brigade Sixth Division Georgia Militia, 184 00 108 Dec. 20, Elisha Strong, For seven days' services as Inspector of the Second Brigade of the Third Division Georgia Militia, 1834, 28 00 110 Dec. 20, John C. Easter, For twenty-one days' services as Adjutant-General of the State of Georgia, 1834, 84 00 128 Dec. 31, Isaac N. Davis, For thirteen days' services as Inspector of the First Brigade of the Fourth Division Georgia Militia, 1834, 52 00 129 Dec. 31, David Dobbs, For fifteen days' services as Inspector of the Fourth Division Georgia Militia, 1834, 60 00 1835. 131 Jan. 2, J. H. Cunningham, For fourteen days' service as Inspector of the Second Brigade of the Fifth Division Georgia Militia, 1833 and 1834, 56 00 132 Jan. 3, W. C. Wayne, For forty days' services as Inspector of the First Brigade of the First Division Georgia Militia, 1834, 160 00 147 Jan. 20, William Beall, For thirteen days' services as Inspector of the Second Brigade of the Ninth Division Georgia Militia, 1834, 52 00 155 Jan. 30, Robert V. Hardeman, For seven days' services as Inspector of the First Brigade of the Fifth Division Georgia Militia, 1834, 28 00 158 Jan. 31, Benjamin Henry, For fifteen days' services as Inspector of the Tenth Division Georgia Militia, 1834, 60 00 209 Feb. 2, John H. Currie, For his first quarter salary as Military Storekeeper at Milledgeville, 100 00 210 Feb. 2, F. M. Stone, For his first quarter salary as Military Storekeeper as Savannah, 60 00 223 Feb. 16, J. W. Armstrong, For twelve days' services as Inspector of the First Brigade of the Third Division Georgia Militia, 1834, 48 00 228 Feb. 24, John Cureton, For twelve days' services as Inspector of the Second Brigade of the Eighth Division Georgia Militia, 1834, 48 00 236 March 12, H. B. Hathaway, For three days' services as Inspector of the First Brigade of the Sixth Division Georgia Militia, 1834, 12 00 250 April 21, M. G. Towles, For nine days' services as Inspector of the First Brigade of the Ninth Division Georgia Militia, 1834, 36 00 299 May 4, John H. Currie, For his second quarter salary as Military Storekeeper at Milledgeville, 100 00 300 May 4, Francis M. Stone, For his second quarter salary as Military Storekeeper at Savannah, 60 00 306 May 22, John Cureton, For twelve days' services as Inspector of the Second Brigade of the Eighth Division Georgia Militia, 48 00 316 June 11, John Butts, Jun., For nine days' services as Inspector of the Second Brigade of the Seventh Division Georgia Militia, 1835, 36 00 319 June 15, Thomas Akins, For eleven days' services as Inspector of the Second Brigade of the Eleventh Division Georgia Militia, 1835, 44 00 320 June 15, George D. Anderson, For fifteen days' services as Inspector of the Eleventh Division Georgia Militia, 1835, 60 00 323 June 15, Elisha Strong, For six days' services as Inspector of the Second Brigade of the Third Division Georgia Militia, 1835, 24 00 326 June 17, William Turk, For thirteen days' services as Inspector of the Second Brigade of the Fourth Division Georgia Militia, 1835, 52 00 335 June 29, Isaac N. Davis, For thirteen days' services as Inspector of the First Brigade of the Fourth Division Georgia Militia, 1835, 52 00 359 July 2, Peter H. Coffee, For thirty-six days' services as Inspector of the Second Brigade of the Sixth Division Georgia Militia, 1835, 144 00 378 July 14, David Dobbs, For eighteen days' services as Inspector of the Fourth Division. Georgia Militia, 1835, 72 00 385 July 16, Solomon D. Betton, For six days' services as Inspector of the First Brigade of the Third Division Georgia Militia, 1835, 24 00 399 July 21, Chappell Cox, For twenty-eight days' services as Inspector of the Second Brigade of the Tenth Division Georgia Militia, 1835, 112 00 406 July 24, J. H. Cunningham, For nine days' services as Inspector of the Second Brigade of the Fifth Division Georgia Militia, 1835, 36 00 410 July 25, Gray A. Chandler, For twenty-five days' services as Inspector of the First Brigade of the Second Division Georgia Militia, 1835, 100 00 460 Aug. 3, John H. Currie, For his third quarter salary as Military Storekeeper at Milledgeville, 100 00 461 Aug. 3, Francis M. Stone, For his third quarter salary as Military Storekeeper at Savannah, 60 00 465 Aug. 6, Charles H. Nelson, For twenty-three days' services as Inspector of the Twelfth Division Georgia Militia, 1835, 92 00 552 Oct. 31, John H. Currie, For his fourth quarter pay as Military Storekeeper at Milledgeville, 100 00 553 Oct. 31, Francis M. Stone, For his fourth quarter pay as Military Storekeeper at Savannah, 60 00 $8,416 00

Page 25

APPROPRIATION FOR THE IMPROVEMENT OF THE STATE HOUSE, 1834. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1835. 149 Jan. 21, C. J. Paine, Admr., c.,[UNK] For part of the balance due Orris Paine deceased, for covering the State House, being the balance of the appropriation of 1834 for that purpose, $460 00

Page 26

APPROPRIATION TO ENLARGE THE STATE HOUSE, 1835. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1835. 234 March 9, Smith, Marlor Tucker,[UNK] For the purpose of procuring materials for building a new addition to the State House, 2,000 00 396 July 21, Smith, Marlor Tucker,[UNK] For the purpose of procuring materials for building a new addition to the State House, 2,000 00 $4,000 00 CIVIL ESTABLISHMENT, 1835. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1835. 159 Feb. 2, Wilson Lumpkin, For his first quarter salary as Governor of the State, $750 00 160 Feb. 2, William J. W. Wellborn,[UNK] For his first quarter salary as Secretary of Executive department, 250 00 161 Feb. 2, R. A. Greene, For his first quarter salary as Secretary of Executive department, 250 00 162 Feb. 2, L. D. Buckner, For that part of his first quarter salary as Secretary of Executive department, 52 19 163 Feb. 2, John W. Lumpkin, For that part of his first quarter salary as Secretary of Executive department, 197 81 164 Feb. 2, William A. Tennille, For his first quarter salary as Secretary of State, 500 00 165 Feb. 2, Thomas Haynes, For his first quarter salary as Treasurer, 500 00 166 Feb. 2, John Bethune, For his first quarter salary as Surveyor-General, 500 00 167 Feb. 2, William W. Carnes, For his first quarter salary as Comptroller-General, 500 00 168 Feb. 2, John A. Cuthbert, For his first quarter salary as Secretary of Senate, 150 00 169 Feb. 2, Joseph Sturgis, For his first quarter salary as Clerk of House of Representatives, 150 00 170 Feb. 2, Garnett Andrews, For his first quarter salary as Judge of the Superior Courts, 525 00 171 Feb. 2, Charles Dougherty, For that part of his first quarter salary as Judge of the Superior Courts, 52 00 172 Feb. 2, Thomas W. Harris, For that part of his first quarter salary as Judge of the Superior Courts, 473 00 173 Feb. 2, G. E. Thomas, For his first quarter salary as Judge of the Superior Courts, 525 00 174 Feb. 2, Lott Warren, For that part of his first quarter salary as Judge of the Superior Courts, 52 00 175 Feb. 2, James Polhill, For that part of his first quarter salary as Judge of the Superior Courts, 473 00 176 Feb. 2, William W. Holt, For that part of his first quarter salary as Judge of the Superior Courts, 52 00 177 Feb. 2, John Schley For that part of his first quarter salary as Judge of the Superior Courts, 473 00 178 Feb. 2, William Law, For that part of his first quarter salary as Judge of the Superior Courts, 52 00 179 Feb. 2, John C. Nicoll, For that part of his first quarter salary as Judge of the Superior Courts, 473 00 180 Feb. 2, C. B. Strong, For that part of his first quarter salary as Judge of the Superior Courts, 52 00 181 Feb. 2, A. M. D. King, For that part of his first quarter salary as Judge of the Superior Courts, 473 00 182 Feb. 2, John W. Hooper, For his first quarter salary as Judge of the Superior Courts, 525 00 183 Feb. 2, John G. Polhill, For his first quarter salary as Judge of the Superior Courts, 525 00 184 Feb. 2, Hiram Warner, For his first quarter salary as Judge of the Superior Courts, 525 00 185 Feb. 2, Ebenezer Starnes, For his first quarter salary as Attorney-General, 56 25 186 Feb. 2, E. Y. Hill, For that part of his first quarter salary as Solicitor-General, 5 56 187 Feb. 2, Hamlin Freeman, For that part of his first quarter salary as Judge of the Superior Courts, 50 69 188 Feb. 2, Daniel Chandler, For that part of his first quarter salary as Judge of the Superior Courts, 5 56 189 Feb. 2, A. G. Semmes, For that part of his first quarter salary as Judge of the Superior Courts, 50 69 190 Feb. 2, W. Poe, For that part of his first quarter salary as Judge of the Superior Courts, 5 56 191 Feb. 2, J. H. Starke, For that part of his first quarter salary as Judge of the Superior Courts, 50 69 192 Feb. 2, T. H. Trippe, For that part of his first quarter salary as Judge of the Superior Courts, 5 56 193 Feb. 2, Junius Hillyer, For that part of his first quarter salary as Judge of the Superior Courts, 50 69 194 Feb. 2, William H. Stiles, For his first quarter salary as Judge of the Superior Courts, 56 25 195 Feb. 2, S. F. Miller, For that part of his first quarter salary as Solicitor-General, 5 56 196 Feb. 2, R. A. Evans, For that part of his first quarter salary as Judge of the Superior Courts, 50 69 197 Feb. 2, William Ezzard, For his first quarter salary as Judge of the Superior Courts, 56 25 198 Feb. 2, J. P. H. Campbell, For his first quarter salary as Judge of the Superior Courts, 56 25 199 Feb. 2, Young J. Long, For his first quarter salary as Judge of the Superior Courts, 56 25 260 May 4, Wilson Lumpkin, For his second quarter salary as Governor of the State, 750 00 261 May 4, William J. W. Wellborn,[UNK] For his second quarter salary as Secretary of the Executive department, 250 00 262 May 4, Rhodom A. Greene, For his second quarter salary as Secretary of the Executive department, 250 00 263 May 4, John W. Lumpkin, For his second quarter salary as Secretary of the Executive department, 250 00 264 May 4, William A. Tennille, For his second quarter salary as Secretary of State, 500 00 265 May 4, Thomas Haynes, For his second quarter salary as Treasurer, 500 00 266 May 4, John Bethune, For his second quarter salary as Surveyor-General, 500 00 267 May 4, William W. Carnes, For his second quarter salary as Comptroller-General, 500 00 268 May 4, John A. Cuthbert, For his second quarter salary as Secretary of the Senate, 150 00 269 May 4, Joseph Sturgis, For his second quarter salary as Clerk of the House of Representatives, 150 00 270 May 4, Garnett Andrews, For his second quarter salary as Judge of the Superior Courts, 525 00 271 May 4, Thomas W. Harris, For his second quarter salary as Judge of the Superior Courts, 525 00 272 May 4, Grigsby E. Thomas, For his second quarter salary as Judge of the Superior Courts, 525 00 273 May 4, James Polhill, For his second quarter salary as Judge of the Superior Courts, 525 00 274 May 4, John Schley, For his second quarter salary as Judge of the Superior Courts, 525 00 275 May 4, John C. Nicoll, For his second quarter salary as Judge of the Superior Courts, 525 00 276 May 4, A. M. D. King, For his second quarter salary as Judge of the Superior Courts, 525 00 277 May 4, John W. Hooper, For his second quarter salary as Judge of the Superior Courts, 525 00 278 May 4, John G. Polhill, For his second quarter salary as Judge of the Superior Courts, 525 00 279 May 4, Hiram Warner, For his second quarter salary as Judge of the Superior Courts, 525 00 280 May 4, Ebenezer Starnes, For his second quarter salary as Attorney-General, 56 25 281 May 4, A. G. Semmes, For his second quarter salary as Solicitor-General, 56 25 282 May 4, James H. Starke, For his second quarter salary as Solicitor-General, 56 25 283 May 4, Junius Hillyer, For his second quarter salary as Solicitor-General, 56 25 284 May 4, William H. Stiles, For his second quarter salary as Solicitor-General, 56 25 285 May 4, Robert A. Evans, For his second quarter salary as Solicitor-General, 56 25 286 May 4, William Ezzard, For his second quarter salary as Solicitor-General, 56 25 287 May 4, J. P. H. Campbell, For his second quarter salary as Solicitor-General, 56 25 288 May 4, Young J. Long, For his second quarter salary as Solicitor-General, 56 25 289 May 4, Hamlin Freeman, For his second quarter salary as Solicitor-General, 56 25 421 Aug. 3, Wilson Lumpkin, For his third quarter salary as Governor of the State, 750 00 422 Aug. 3, W. J. W. Wellborn, For his third quarter salary as Secretary of the Executive department, 250 00 423 Aug. 3, R. A. Greene, For his third quarter salary as Secretary of the Executive department, 250 00 424 Aug. 3, John W. Lumpkin, For his third quarter salary as Secretary of the Executive department, 250 00 425 Aug. 3, William A. Tennille, For his third quarter salary as Secretary of State, 500 00 426 Aug. 3, Thomas Haynes, For his third quarter salary as Treasurer, 500 00 427 Aug. 3, John Bethune, For his third quarter salary as Surveyor-General, 500 00 428 Aug. 3, W. W. Carnes, For his third quarter salary as Comptroller-General, 500 00 429 Aug. 3, John A. Cuthbert, For his third quarter salary as Secretary of Senate, 150 00 430 Aug. 3, Joseph Sturgis, For his third quarter salary as Clerk of the House of Representatives, 150 00 431 Aug. 3, Garnett Andrews, For his third quarter salary as Judge of the Superior Courts, 525 00 432 Aug. 3, Thomas W. Harris, For his third quarter salary as Judge of the Superior Courts, 525 00 433 Aug. 3, G. E. Thomas, For his third quarter salary as Judge of the Superior Courts, 525 00 434 Aug. 3, James Polhill, For his third quarter salary as Judge of the Superior Courts, 525 00 435 Aug. 3, John Schley, For his third quarter salary as Judge of the Superior Courts, 525 00 436 Aug. 3, John C. Nicoll, For his third quarter salary as Judge of the Superior Courts, 525 00 437 Aug. 3, A. M. D. King, For his third quarter salary as Judge of the Superior Courts, 525 00 438 Aug. 3, John W. Hooper, For his third quarter salary as Judge of the Superior Courts, 525 00 439 Aug. 3, John G. Polhill, For his third quarter salary as Judge of the Superior Courts, 525 00 440 Aug. 3, Hiram Warner, For his third quarter salary as Judge of the Superior Courts, 525 00 441 Aug. 3, Ebenezer Starnes, For his third quarter salary as Attorney-General, 56 25 442 Aug. 3, A. G. Semmes, For his third quarter salary as Solicitor-General, 56 25 443 Aug. 3, James A. Stark, For his third quarter salary as Solicitor-General, 56 25 444 Aug. 3, Junius Hillyer, For his third quarter salary as Solicitor-General, 56 25 445 Aug. 3, William H Stiles, For his third quarter salary as Solicitor-General, 56 25 446 Aug. 3, Robert A. Evans, For his third quarter salary as Solicitor-General, 56 25 447 Aug. 3, William Ezzard, For his third quarter salary as Solicitor-General, 56 25 448 Aug. 3, J. P. H. Campbell, For his third quarter salary as Solicitor-General, 56 25 449 Aug. 3, Young J. Long, For his third quarter salary as Solicitor-General, 56 25 450 Aug. 3, Hamlin Freeman, For his third quarter salary as Solicitor-General, 56 25 513 Oct. 31, Wilson Lumpkin, For his fourth quarter salary as Governor of the State, 750 00 514 Oct. 31, William J. W. Wellborn,[UNK] For his fourth quarter salary as Secretary of the Executive department, 250 00 515 Oct. 31, Rhodom A. Greene, For his fourth quarter salary as Secretary of the Executive department, 250 00 516 Oct. 31, John W. Lumpkin, For his fourth quarter salary as Secretary of the Executive department, 250 00 517 Oct. 31, William A. Tennille, For his fourth quarter salary as Secretary of State, 500 00 518 Oct. 31, Thomas Haynes, For his fourth quarter salary as Treasurer, 500 00 519 Oct. 31, John Bethune, For his fourth quarter salary as Surveyor-General, 500 00 520 Oct. 31, William W. Carnes, For his fourth quarter salary as Comptroller-General, 500 00 521 Oct. 31, John A. Cuthbert, For his fourth quarter salary as Secretary of the Senate, 150 00 522 Oct. 31, Joseph Sturgis, For his fourth quarter salary as Clerk of the House of Representatives, 150 00 523 Oct. 31, Garnett Andrews, For his fourth quarter salary as Judge of the Superior Courts, 525 00 524 Oct. 31, Thomas W. Harris, For his fourth quarter salary as Judge of the Superior Courts, 525 00 525 Oct. 31, G. E. Thomas, For his fourth quarter salary as Judge of the Superior Courts, 525 00 526 Oct. 31, James Polhill, For his fourth quarter salary as Judge of the Superior Courts, 525 00 527 Oct. 31, John Schley, For his fourth quarter salary as Judge of the Superior Courts, 525 00 528 Oct. 31, John C. Nicoll, For his fourth quarter salary as Judge of the Superior Courts, 525 00 529 Oct. 31, A. M. D. King, For his fourth quarter salary as Judge of the Superior Courts, 525 00 530 Oct. 31, John W. Hooper, For his fourth quarter salary as Judge of the Superior Courts, 525 00 531 Oct. 31, John G. Polhill, For his fourth quarter salary as Judge of the Superior Courts, 525 00 532 Oct. 31, Hiram Warner, For his fourth quarter salary as Judge of the Superior Courts, 525 00 533 Oct. 31, Ebenezer Starnes, For his fourth quarter salary as Attorney-General, 56 25 534 Oct. 31, A. G. Semmes, For his fourth quarter salary as Solicitor-General, 56 25 535 Oct. 31, James H. Starke, For his fourth quarter salary as Solicitor-General, 56 25 536 Oct. 31, Junius Hillyer, For his fourth quarter salary as Solicitor-General, 56 25 537 Oct. 31, William H. Stiles, For his fourth quarter salary as Solicitor-General, 56 25 538 Oct. 31, Robert A. Evans, For his fourth quarter salary as Solicitor-General, 56 25 539 Oct. 31, William Ezzard, For his fourth quarter salary as Solicitor-General, 56 25 540 Oct. 31, J. P. H. Campbell, For his fourth quarter salary as Solicitor-General, 56 25 541 Oct. 31, Young J. Long, For his fourth quarter salary as Solicitor-General, 56 25 542 Oct. 31, Hamlin Freeman, For his fourth quarter salary as Solicitor-General, 56 25 $38,449 76

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FUND FOR THE REDEMPTION OF THE PUBLIC DEBT. No. Date. In whose favour drawn. For what purpose drawn, and to what fund chargeable. Amount. 1835. 482 Sept. 4, R. K. Hines, For four audited certificates, Nos. 837, 838, 839 and 840, at one-eighth of their nominal value, $68 69 RECAPITULATION. Appropriation for County Academies, $18,781 69 Poor School Fund, 16,559 99 Special Appropriation, 1833, 15 00 Special Appropriation, 1834, 611 04 Special Appropriation, 1835, 16,625 32 Road and River Fund, 1834, 202 08 Penitentiary Fund, 1834, 2,500 00 Penitentiary Fund, 1835, 8,200 00 Contingent Fund, 1834, 1,227 11 Contingent Fund, 1835, 19,999 44 Printing Fund, 1834, 3,209 98 Printing Fund, 1835, 8,416 98 Military Fund, 18345, 3,416 00 Appropriation for the Improvement of the State House, 1834, 460 00 Appropriation for Enlarging the State House, 1835, 4,000 00 Civil Establishment, 1835, 38,449 76 Fund for the Redemption of the Public Debt, 68 69 $143,743 08 Executive Department, Georgia, Milledgeville , 31 st Oct. , 1835. Certified by RHODAM A. GREENE, Secretary Executive Department.

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CONDITION OF ACADEMIES. County. Name of Academy. Branches of Education. Number of Students. Receipts. Expenditures. On hand. Male. Female. Total. Appling, No Report. Baker, Baldwin, County, Various, 85 Bibb, Washington, English, 15 22 37 Not stated. 20 00 Bibb, Lake, Various, 20 The funds which were on hand have been paid to teacher. Bibb, Macon, Male, Various, 53 146 210 00 Not stated. Receipts applied to debts of the institution. Bibb, Macon, Female, 93 Bryan, Bulloch, County, Not stated. 4610 00 at interest. Burke, Waynesborough, English, 23 The report contained no further information. Burke, Pleasant Grove, English, 32 15 47 This academy has never received a dividend. Burke, Bar Camp, Various, 26 14 40 This academy has never received a dividend. Butts, Cool Spring, Male, Lower, 47 73 200 00 125 00 75 00 Cool Spring, Female, 26 Camden, The situation of this academy is immaterially different from its condition at last report; consequently, the trustees do not consider a more definite statement of its affairs necessary, in order that the academy may be entitled to its dividend of the academic fund, $135 balance due for erection of academy building. Campbell, Campbellton, Lower, 15 18 33 200 50 200 00 50 Carroll, Carrollton, Lower, 8 8 16 148 00 50 00 98 00 Cass, Chatham, Savannah Free Sc., Lower, 50 20 70 496 94 648 57 Chatham, County, 5057 24 3379 28 1677 96 Cherokee, Clark, Watkinsville, English, 47 35 82 507 58[UNK] 237 15 270 38[UNK] Clark, Salem, Lower, 23 12 35 175 00 175 00 Cobb, No incorporated academy in this county. Columbia, County, 975 39 456 37 Columbia, Appling, Various, 38 12 50 Coweta, Newman, Lower, 31 24 55 227 00 77 76 149 23 Crawford, Mount Carmel, English, 21 19 40 171 49 1 50 Decatur, De Kalb, County, Various, 43 40 83 706 00 300 00 406 00 at interest. Dooly, Early, Blakely, Various, 19 18 37 301 14 473 00 This academy has notes to the amount of several hundred dollars at interest. Early, Fort Gaines, Various, 23 20 43 41 00 None. Flourishing. Effingham, Effingham, Various, 39 2 41 5166 09 4746 09 420 02 Flourishing. Elbert, Philemathea, Various, 35 15 50 None. Elbert, Elberton, Male, Various, 41 10 51 442 06 315 91 Flourishing. Emanuel, Fayette, County, 22 17 39 487 99 487 99 None. Floyd, Forsyth, Franklin, Gilmer, Glynn, County, Lower, 35 average number. The funds of this academy have been appropriated to the support of poor schools, agreeably to the law of 21st of December, 1829. Greene, Greensboro', Male, Various, 46 79 1213 80 116 92 1096 88 $54 50 of receipts in notes. Greensboro', Fem. 33 Gwinnett, Washington, Various, 72 31 103 455 12 313 50 141 37 Habersham, Hall, County, Various, 21 16 37 1164 96 1047 78 117 18 In addition to amount on hand, as laid down, this academy has $700 at interest. Flourishing. Hancock, Farmers, 26 21 47 In addition to the number of students instructed at this academy, there are three poor children. Hancock, Mount Zion, Various, 47 18 65 Eight poor children instructed at this academy, in addition to the number of students. No dividend received since 1834. Hancock, Powelton, 23 18 41 68 83 68 83 Five poor children instructed at this academy. Hancock, Sparta, 33 14 47 Hancock Sparta Female Model.[UNK] Various, 135 135 Harris, Jenkins, Various, 31 12 43 82 00 80 00 Harris, Unionville, Various, 34 28 62 Flourishing. Heard, Franklin, Various, 55 20 75 626 00 184 00 442 00 Henry, County, Male, 35 50 1313 64 429 81 883 83 County, Female, 15 Houston, Irwin, Jasper, Hillsboro', Various, 25 37 62 74 18[UNK] 74 18[UNK] Jasper, Shady Dale, English, 62 62 Jasper, Monticello Union, Various, 74 74 183 90 128 37 55 53 Jasper, Constitution Hall, Lower, 36 13 49 Jasper, Monticello Female, English, 61 61 Jackson, County, Various, 26 20 46 1581 89 298 87 1283 22 $519 16 in notes at interest. Jefferson, Louisville, Various, 26 30 56 547 87 194 75 289 87 balance at last report, included in receipts. Jones, Fortville, Lower, 25 14 39 This academy was never in operation previous to 1st of January 1835. It has received no dividend. Jones, Clinton, Various, 21 21 1252 65[UNK] 43 37 1209 28[UNK] Jones, Blountsville, Various, 35 17 52 Laurens, Lee, Lincoln, Double Branch, Various, 87 87 The expenditures have been out of tuition money. Lincoln, Goshen, Various, 33 4 75 None. This academy has received no dividend since last report. Lincoln, Lincolnton, Various, 14 12 26 1153 97 189 46 964 57 Liberty, Walthourville, Various, 40 54 94 Amount of receipts not mentioned. They went to payment of teachers. Liberty, Taylor Creek Union,[UNK] Lower, 34 22 56 This academy was incorporated in 1833, and has never received a dividend. Liberty, Sunbury, 18 12 30 Liberty, Walthourville Union Institute,[UNK] Various, 33 33 66 The receipts of last year were applied to the erection of suitable buildings. Lowndes, Lumpkin, Dahlonega, 396 00 779 00 This academy is indebted $383 00balance for erection of academy building. Madison, County, Various, 32 16 48 No dividend since last report. Finances as they then were. Marion, M`Intosh, County, Various, 25 20 45 1794 75 1586 38 208 37 Balance due for erection of academy building in Darien, about $250. Merriwether, County, Various, 28 20 48 Monroe, County Line, Various, 40 187 77 100 00 87 77 Monroe, Cicero, English, 22 8 30 483 04 251 93 231 11 Monroe, Forsyth, Various, 45 65 110 143 50 Disbursements indefinitely stated. Monroe, Wood Lawn, Lower, 20 20 40 225 00 75 00 Monroe, Cullodensville, Various, 67 77 144 None. None. Monroe, Jackson, Lower, 38 31 69 370 79[UNK] 4 00 366 79[UNK] Monroe, Hill, Male and Various, 33 31 64 144 93 146 93 The dividend of this academy has been expended in putting an addition to the building. Monroe, Hill, Female, Montgomery, Morgan, Madison, Male, Various, 35 6 105 None. 24 00 Tuition money, teachers' salaries. Madison, Female, English, 9 55 Morgan, Oak Grove, English, 33 17 50 No dividend received by this academy since 1833. Morgan, Evansville, Various, 33 9 42 None. None. Muscogee, Muscogee, Male, 78 215 Muscogee, Female, 137 Muscogee, Jefferson, Lower, 18 20 38 Flourishing. Murray, Newton, County, Male, Various, 46 168 1431 75[UNK] 1297 67 134 08[UNK] County, Female, 122 Oglethorpe, Meson, Male, Various, 38 80 752 00 883 75 This academy has $300 in the State treasury, subject to the order of the trustees. Meson, Female, 42 Paulding, Pike, Union, Lower, 24 12 36 None. None. This academy has been supported wholly by private patronage. Pike, Zebulon, Various, 29 22 51 2688 01 $1883 53 are in notes at interest; the balance in notes and accounts for tuition. Pulaski, Putnam, Harmony, 60 14 70 14 75 This academy has received no dividend for 1834. Putnam, Eatonton, 71 396 15 302 87 93 27 Putnam, Jefferson, Male, Various, 40 77 335 74 516 46 This academy is indebted $180 72, with interest from 20th of July last. The tuition fees due up to that time will more than pay the debt. Jefferson, Female, 37 Rabun, Randolph, Richmond, County, at Augusta and Sand Hills,[UNK] Various, 437 3308 00 3223 93 Whole number educated in 1835. Flourishing. Scriven, County, 3315 81 The trustees inform the Clerk that the funds of this academy by 1st January next will amount to receipts as laid down; also that this academy has received no dividend for 1834. Stewart, County, 2418 10 The trustees have contracted for an academic building in the sum of $1700 00. Sumter, Talbot, Oak Ridge, Various, 27 27 54 Talbot, Washington and Various, 79 159 1847 62 1308 50 539 12 Talbot, Talbotton Fe., English, 80 Talbot, Centreville, Various, 43 21 64 Tattnall, Taliaferro, Crawfordsville, Various, 58 27 85 862 10 435 19 426 90 Thomas, Thomasville, Various, 39 34 73 2568 03 1976 06 $58 of receipts, rather money on hand, on Magnolia Bank, Florida. Troup, La Grange, Male, Various, 46 131 174 00 174 00 La Grange, Female, 2 83 175 00 121 37 Flourishing. Twiggs, Stone Creek, Various, 24 26 50 57 25 9 00 Twiggs, Planters', Various, 26 18 44 Flourishing. Twiggs, Ocmulgee, English, average 37 None. 8 00 This academy has received no dividend since last report. Twiggs, Jefferson, 70 Flourishing. Union, Upson, Union, 35 16 57 None. None. Upson, Union Hill, English, 20 21 41 None. Upson, Thomaston, Male, 41 82 1081 82[UNK] 928 78 153 04 Thomaston, Female, 41 Walker, Walton, Monroe, Various, 32 49 81 70 00 For the last two years this academy has received only $70dividend for one year; and it not being in operation the present year, that amount fell to the Social Circle academy. Walton, Social Circle, Various, 83 None. 294 00 Ware, Warren, Locust Grove, Various, 28 14 42 139 06 1 00 Warren, Monagan, 30 16 46 This is the report of the condition of this academy in the year 1834. I have noticed it in consequence of an act introduced in the Senate which provides for the payment of the dividend to which this academy was entitled in 1834, that not being applied for before owing to the death of former Treasurer. Monagan, 29 17 46 Washington, Union, 26 16 42 No report of the finances of this academy. Washington, Bethlehem, English, 30 17 47 242 00 159 00 83 00 Washington, County, 8 24 32 425 15 317 45 107 70 Washington, Davisboro', Various, 27 13 40 125 00 5 00 120 00 Wayne, Wilkinson, Wilkes, Washington, Various, 40 31 71 419 40 417 87 $70 due by this academy on judgment. Wilkes, Mallorysville, Various, 37 16 53 118 60 98 78[UNK] This academy is indebted about $20 or $25. Wilkes, South Liberty, Various, 34

Page 39

CONDITION OF POOR SCHOOLS. County. Trustee. No. entitled. No. instructed. Branch of Education. Receipts. Expenditures. On hand. Appling, John Graham, 239 783 68 659 68 124 00 Baker, W. H. Ferguson, 26 Lower. 100 00 131 19 The report of trustee is transferred as correctly as circumstances would permit. Baldwin, Bibb, Bryan, The trustee died last October, consequently there is no report. Bulloch, Joseph Hagin, 48 The fund for last year has not been received. Burke, J. G. Baduly, 41 Various. 401 00 173 81[UNK] $5 Macon money included in amount on hand. Butts, Charles Bailey, 133 not known. 162 30 83 90 78 40 One district made no return. Camden, Campbell, Jesse M. Butt, 117 Lower. 283 50[UNK] 151 58 131 92 Carroll, W. L. Parr, English. 171 75 65 37 7 93 Cass, Chatham, Robert W. Pooler, 136 320 19 288 76 31 43 Cherokee, Clark, Joseph Ligon, 450 14 156 47 293 67 The dividend for 1835 has not yet been paid out. The balance on hand at last report paid only 43[UNK] cents in the dollar of accounts presented for liquidation. Columbia, Cobb, Coweta, Crawford, Decatur, De Kalb, E. B. Reynolds, 261 505 00 Receipts will be paid to teachers in December next, agreeably to the act of 21st December, 1834. Dooly, Early, Effingham, John Charlton, 19 276 86 57 40 219 46 There are several accounts against the fund which will be settled in December of the present year. Elbert, William B. Nelms, 485 485 935 64 825 18 110 45[UNK] $14 on Macon bank, last report, deducted from amount on hand. Emanuel, John Love, 94 No definite statement of receipts, c. Fayette, William M'Bride, 121 266 66 266 66 Floyd, Forsyth, Franklin, Thomas King, No dividend received since last report. The number of poor children instructed this year is about the same as was last. Gilmer, Glynn, Greene, Thos. W. Grimes, 147 713 12 Five districts failed to make returns. The expenditures for the present year will appear in next report, in consequence of the act of 20th December, 1834, which suspends payments to teachers until December. Gwinnett, Habersham, Hall, E. M. Johnson, 421 Lower. 625 59 623 60 2 00 $548 53 in accounts due prior to 1st January, 1834. Hancock, Henry Rogers, 82 388 97 217 58 Harris, Heard, Bailey Bledsoe, 40 82 93[UNK] 89 98 $705 00 due trustee. Henry, A. G. Murray, 332 Lower. 476 78[UNK] 476 78[UNK] The accounts presented for payment amounted to $501 97, which amount exceeds receipts by $25 18. A deduction was consequently made from each account. Houston, Irwin, William Stone, 56 2058 55 141 37 1917 18 Jasper, Jackson, Wm. M`Mullen, 202 English. 377 10 377 10 Jefferson, Sam. B. Tarver, 196 50 218 48 $22 98 due trustee. Jones, Charles Macarthy, 95 95 493 30 108 30 385 00 Laurens, Benjamin Allen, 348 55 288 61[UNK] 59 93[UNK] $331 66 due by Neil Munroe, administrator of former trustee. Lee, Liberty, Lincoln, Lowndes, Lumpkin, Madison, First district only made a return. No dividend received since last report. Marion, M'Intosh, Merriwether, Elijah Reeder, 201 75 201 25 Monroe, Elbridge Cabaniss, The present trustee has received no funds from former one; and he has not drawn the dividend due the county, as no payments can be made before the close of the year. Montgomery, A. E. M'Lennan, Lower. 2775 58 153 64 2601 94[UNK] No return of poor children by justices. Morgan, John W. Porter, 1148 83 301 64 847 18 Muscogee, H. A. Thornton, 46 649 00 169 04 479 96 The dividend for 1835 has not been applied for, as it was not needed. Murray, Newton, Lambeth Hopkins, 41 443 65 443 65[UNK] Oglethorpe, Paulding, Pike, Pulaski, Putnam, W. B. Carter, 317 85 248 34 69 50 No district returns. The accounts which have been paid were proven before a justice of the peace, or judge I. C. Rabun, Richmond, Randolph, Scriven, Stewart Sumpter, Telfair, George R. M'Call, 40 180 25 156 25 526 39 $30 on Magnolia bank, Florida. Talbot, Tattnall, John H. Smith, 2854 04 183 07 2670 97 $155 of amount on hand on Macon bank. The receipts and expenditures are so jumbled together, that the clerk is uncertain whether they are laid down here correctly. Taliaferro, Quinea O'Neal, 43 English. 173 88 173 90[UNK] $00 02[UNK] due trustee. Thomas, Troup, Henry Perkins, 115 Lower. 281 96 Twiggs, Union, Upson, Thomas F. Bethel, 84 219 58 219 58 $27 42 due teachers. Walton, Walker, Ware, Warren, Washington, Herod Sessions, 118 118 Wayne, Moses L. Harris, 7 Lower. 607 90 32 02 575 88 Wilkinson, Jeremiah Beall, 267 95 268 61 $00 66 due trustee. Wilkes, John H. Dyson, 70 300 76 311 43 $10 62 due trustee. A consolidation of the Reports of the Trustees of the Poor School Fund in the several counties of this State. PAUL J. SEMMES, Clerk.

Page 45

INDEX TO THE LAWS. A. ACADEMIES. Bulloch County Academy, to receive arrears, 9 Carrollton Academy, Commissioners of, to elect Trustees, 4 Academies in Cass, Cobb, Cherokee, Floyd, Forsyth, Paulding, Lumpkin, Gilmer, Murray, Union and Walker, appropriation to build, 16 Chappel Hill Academy, in Monroe county, to incorporate, 5 Female Academy at Forsyth, Monroe county, to incorporate, 5 Franklin County Academy, to receive dividends due, 7 Laurens County Academies, to receive dividends due, 7 Lincoln County Academies, to amend laws dividing money among, 8 Monaghan Academy, in Warren County, to receive arrears, 10 Mount Pleasant Academy, in Muscogee, to Incorporate, 11 Muscogee Academy, Trustees of, to sell certain lots in Columbus, 14 Republican Academy, in Harris, to incorporate, 14 Starkesville Academy, in Lee, to appoint additional Trustees for, 15 Sumter Academy, at Americus, to incorporate, 15

Page 46

APPROPRIATIONS. For the support of Government for the year 1836, 17 John Bethune, late Surveyor General, appropriation to pay, 19 Elias Boudenott, appropriation to pay, 21 Cavalry Companies, appropriation to purchase equipments for, 20 Clerks of Committees on Finance, Penitentiary, Public Education, and Court of Errors, appropriation to pay, 20 Clerk of House of Representatives' salary, appropriation to pay, 17 , 18 Clerk of Secretary of State, appropriation to pay, 20 Clerk of Surveyor General, appropriation to pay, 20 Comptroller's salary, appropriation to pay, 17 Francis H. Cone, appropriation to pay, 19 Creek Indians, appropriation to pay the citizens of Stewart, Randolph, Early, Baker and Lee, for defending against attacks of, 21 Henry Darnell, for keeping clean, c., Senate and Representative Chambers, appropriation to pay, 20 Door-keepers of Legislature, appropriation to pay, 18 Education of Deaf and Dumb, appropriation for, 19 Peter Fair, for winding up clock, c., appropriation to pay, 20 William Gilleland, appropriation to pay, 20 General Assembly, appropriation to pay members of, 18 William W. Gordon, appropriation to pay, 19 Government House, appropriation for building, 21 Governor's salary, appropriation to pay, 17 Governor's Secretaries, appropriation to pay salaries of, 17 Edward J. Hill, appropriation to pay, 19 John J. Humphrey, sheriff of Murray county, appropriation to pay, 19 Judges of Superior Courts' salary, appropriation to pay, 18 H. G. M`Farlin, appropriation to pay, 20

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Messengers of Legislature, appropriation to pay, 18 Ezekiel E. Park, appropriation to pay, 20 Pierson Pettit, appropriation to pay, 20 Printing Fund, appropriation for, 18 Secretary of Senate's salary, appropriation to pay, 17 , 18 Secretary of State, appropriation to pay salary of, 17 Rev. Elijah Sinclair, appropriation to pay, 19 Surveyor General's salary, appropriation to pay, 17 Treasurer's salary, appropriation to pay, 17 Walker county, Justices of Inferior Court of, appropriation to pay, for money paid by them to Coroner of said county, 21 Benjamin N. Wheeler, appropriation to pay, 20 ASYLUMS. Authorizing an Asylum in Coweta county, 22 Authorizing a Lunatic and Poor Asylum for Gwinnett and Talbot counties, 23 Authorizing an Asylum in Harris county, 25 Authorizing an Asylum for the counties of Twiggs, Wilkinson and Pulaski, 26 ATTORNEYS. To authorize Thomas W. M. Miller, Joseph W. Thomas, B. W. P. Sapp, Winfield S. Featherstone and Charles A. Hardwick, to plead and practise Law, 28 To permit Attorneys of Alabama to plead and practise law in this State, 29 AUGUSTA. To amend acts relating to the incorporation of Augusta, 30 To confirm to City Council of Augusta title to commons, 32 B. BANKS. To amend act prohibiting the circulation of Bank Bills under the denomination of five dollars, 33 To distribute dividends of Central Bank, 34 To amend Charter of Bank of Columbus, 35 To incorporate Bank of Savings in Macon, 42 To incorporate Bank of Milledgeville, 36

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C. CAVALRY. To form one or more Companies in each county, and to arm, 46 CONSTITUTION. To amend part of first section of third article, so as to establish a Court of Errors, 49 To amend fourth and eighth sections of first article, so as to revoke property qualification of members of Legislature, 52 CORPORATIONS. To cause Commissioners of Brunswick and Frederica to sell part of town commons of Brunswick, 54 To amend act incorporating Columbus, 55 Amendatory of act incorporating Covington, 62 To amend act concerning Crawfordsville, relating to road duty, 61 To enable corporation of Savannah to collect Jail Fees, and to authorize Tread-Mill in jail of Darien, 63 Relating to Burying Ground in Wrightsborough, 64 To amend act incorporating Warrenton, act making permanent site of Public Buildings at Marietta, Cobb county, and to incorporate Danville, Sumter county, 65 To extend and define corporate limits of West Point, Troup county, 68 COUNTY BOUNDARIES. To add part of Jones to Bibb county, 70 To add part of Laurens to Montgomery county, 72 To add part of Wilkes to Taliaferro county, 71 COURTS. To change time of holding Superior Courts in Carroll, Cobb and Paulding, and to attach Paulding to Cherokee Circuit, 74 To change time of holding Superior Courts in Merriwether and Cobb, 76 To change time of holding Superior Courts in Wayne county, 75 To authorize Judges of Superior Courts of certain counties to audit expenses of arresting and prosecuting Cherokee Indians, 79

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To transfer all cases pending and undetermined from Mayor's Court of Columbus to Superior court of Muscogee, 73 To change time of holding Inferior Courts in Jasper and Jackson, 77 To change time of holding Inferior Courts in Merriwether and Talbot, 78 D. DEBTORS. To extend benefits of debtors to Widows and and their Families, 80 E. ELECTIONS. To permit, at precincts, elections for Colonels, 81 To regulate, change and establish Election Precincts, 82 To establish additional Election Precinct in De Kalb, 84 To establish additional Election Precinct in Muscogee, and regulate elections for Colonel and Majors in said county, 85 To establish additional Election District in Oglethorpe, 86 To compensate one Justice of Peace superintending Election Precincts in Talbot, Pike and Union, 88 To compensate superintendants of Election Precincts in Troup, and change a place of holding a Precinct Election in said county, 89 F. FEES. To prescribe mode of collecting Coroners' Fees, 90 FERRIES. To authorize Philip A. Clayton to continue his Ferry in Harris county, 91 To authorize Elias Pitner to establish a Ferry in Cass; Milton Blalock one across Oostanaullee; and Stephen Mays one across Oostanaulle, 92

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To authorize Lewis Tumlin to establish a Ferry across Chattahoochie; Richard Winn and John M`Afee one across Chattahoochie; James Powers one in Cobb county; Justices of Inferior Court one in Hall county; B. B. Rutland one across Flint river; and to establish David Jones's Ferry at Traveller's Rest, 93 To authorize Benjamin S. Wauldin to establish a Ferry across Great Ogeechee, 96 To establish a Ferry across Savannah river, 98 FINES AND FORFEITURES. To amend an act concerning Fines and Forfeitures in Columbia and Jones, 99 To appropriate Fines and Forfeitures in Troup, Gwinnett, Hancock, Taliaferro, Clark, Green and Warren, 100 FREEDOM. To protect Free Persons of Colour, 101 G. GARNISHMENT. To alter act making Banks and other Corporations subject to Garnishment, and regulating proceedings against Garnishees in certain cases, 103 GRANTS. To reduce Fees on Grants, 104 To authorize Grants to issue in certain counties, 105 To secure to heirs of John W. Green title to a certain lot, 108 To authorize Surveyor General to record Plats on head-rights before granting, 109 To require Surveyor General to issue a grant to Isham Wright, and a grant to Cornelius Conally, 109 I. INCORPORATIONS. To incorporate Central and Western Wharf Company in Augusta, 132 To incorporate certain Churches in De Kalb, Troup and Fayette, 111 To incorporate Columbus Insurance Company, 118 To incorporate Columbus Wharf Company, 133

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To incorporate Georgia Insurance and Trust Company in Augusta, 120 To incorporate Gwinnett Manual Labour Institute, 116 To incorporate certain Mining Companies, 128 To make permanent and incorporate Public Site in Union county, 113 To incorporate Savannah Poor House and Hospital, 131 To incorporate Tranquil Institute in Liberty, 115 INDIANS. To protect Frontier against Creek Indians, 135 ISLANDS. To sell certain Islands in Muscogee, 137 J. JURORS. To compensate Petit Jurors in Camden, 138 To amend act concerning Grand and Petit Jurors in Floyd, Walker, Murray, Gilmer, Union, Lumpkin, Forsyth, Cass, Cherokee, Paulding and Cobb, 139 Relating to payment of Petit Jurors in M`Intosh and Baker, 140 JUSTICES OF PEACE AND CONSTABLES. Extending jurisdiction of Justices of Peace in Savannah, and relating to Justices of Peace and Constables in Chatham, 142 To compensate Magistrates and Constables in certain cases, 143 L. LAND. To sell Land drawn in the Land Lottery in Cherokee territory, returned and condemned as fraudulently drawn, 144 LIEN. To amend an act giving Masons and Carpenters a lien in certain places, 146 M. MEDICAL COLLEGE. To provide a fund for Medical College of Georgia, 147

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MILITIA. Justices of Inferior Courts, to alter and regulate Militia districts in Floyd and Cass, and to add Gwinnett to second brigade of eleventh division, 148 To amend Militia Law in relation to first regiment, 149 MILL-DAMS. To authorize Henry Crowell to build a Mill-dam, 152 To amend an act authorizing David Terrell, Jun. to erect a Mill-dam, 154 MINING COMPANIES. To incorporate Cestitee Mining Company, and Cherokee Mining Company, 128 N. NAMES CHANGED. To change name of Frederick Clark to Frederick Bunker Folger, 155 To amend act changing names of certain persons, 156 To change names of certain persons, and legitimatize them, 157 To change names of sundry persons, and legitimatize the same, 159 O. OATH. To amend oath administered at elections, 160 OGLETHORPE UNIVERSITY. To incorporate Oglethorpe University, Midway, 161 P. PARDON. To pardon John B. Childers, 164 PATROLS. To amend act of December 20th, 1830, in relation to Lumpkin county, and to repeal it so far as it respects M`Intosh, 165 PENITENTIARY. To alter forty-seventh and fifty-first rules for the government of Penitentiary, 166

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PILOTAGE. To amend the several acts relating to Pilotage, 168 POOR SCHOOLS. Relating to the Academic and Poor School Funds of Bulloch county, 169 Relating to the payment of Teachers of Poor Children, 171 Amendatory of act laying out Coweta county into five School Districts, 172 To add part of Academic to Poor School Fund of Hall county, 174 To repeal act relating to Teachers of Poor Children in Lowndes, Sumter, Irwin and Butts, 173 Relating to Teachers of Poor Children in Montgomery county, 174 Amendatory of act regulating Poor Schools, so far as relates to Tattnall county, 175 Amendatory of act relating to Teachers of Poor Children in Telfair and Franklin, 177 Relating to Teachers of Poor Children in Union county, 176 To add Academic to Poor School Fund of Union, and to incorporate Blairsville Academy, 178 To consolidate Academic and Poor School Fund of Wilkinson county, 179 R. RAILROADS. Explanatory of act authorizing conveyance of ten acres of town common lots of Augusta to the Athens Railroad Company, 186 To incorporate Brunswick and Florida Railroad Company, 187 To incorporate Chattahoochie Railroad Company, 193 To amend act incorporating Central Railroad and Canal Company, 217 Amendatory of act incorporating Georgia Railroad Company, and change name of said Company, 180 Amendatory of act incorporating Georgia Railroad Company, 199 To amend and revive act incorporating Monroe Railroad Company, 200

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Incorporating Western Railroad Company, 202 To incorporate Great Western Railroad Company, 209 To aid Thomas Spalding in executing his Railroad, to aid Brunswick and Florida Railroad Company, and to aid Great Western Railroad Company, 216 RELIEF. To relieve George S. Bradford, 230 To relieve Samuel Buffington, 231 To relieve James Cartledge, 232 To relieve J. S. Chipley, 235 To relieve Isaac E. Cobb, 236 To relieve William Cline, 237 To relieve William S. Dunn and William W. Hardwicke, 238 To relieve Gabriel Jones, clerk of ordinary of Columbia county, 239 To relieve Benajah King, 240 To relieve purchasers of certain fractions in Early county, 243 To relieve purchasers of certain lands in Thomas county, 241 To relieve purchasers of certain lands heretofore reserved by the State for certain purposes, 244 To relieve William W. Simpson, 245 To relieve James Wealy, 246 RIVERS. To keep open Flint River, 247 To appropriate money to improve navigation of Flint and Chattahoochie rivers, 252 To appropriate money to improve Oakmulgee river, 255 To prevent obstructions in Oconee river, 249 ROADS. Justices of Inferior Court to open and keep in repair neighbourhood roads in Jefferson county, 258 To authorize citizens of M`Intosh county to elect Commissioners of their own Roads, 256 S. SITES OF PUBLIC BUILDINGS. To remove site of Public Buildings in Dooly county, 260

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To amend act making permanent Site of Public Buildings in Harris county, in Coweta county, in Talbot county, and in Merriwether county, 261 To amend act appointing Commissioners to build Court-House and Jail in Lowndes county, 263 To make permanent county Site of Public Buildings in Lumpkin county, 259 To repeal act appointing Commissioners to select site for Public Buildings in Marion county, 253 To make permanent Site of Public Buildings in Walker county, and incorporate Chattooga, 233 SLAVES AND FREE PERSONS OF COLOUR. To amend an act of May 10th, 1770, for ordering and governing Slaves, 264 To amend the several laws in force relating to Slaves and Free Persons of Colour, 265 To prohibit Slaves and Free Persons of Colour being employed in Druggists and Apocaries' stores, 268 STARKESVILLE. Providing for the sale of town lots in Starkesville, and for defining county line, 270 STEAMBOATS. To incorporate Iron Steamboat Company, 271 To incorporate Macon Steamboat Company, 276 To incorporate Ocmulgee Steamboat Company, 278 T. TAX. To impose, levy and collect Tax for the political year 1836, 280 Each county in State to retain General Tax for years 1835 and 1836, 281 Justices of Inferior Court of Campbell county to impose Extra Tax for county purposes, 282 Justices of Inferior Court of Habersham county to impose Extra Tax for county purposes, 283 Justices of Inferior Court of Henry county to impose Extra Tax to support the Poor of said county, 283

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Justices of Inferior Court of Washington county to impose Extra Tax to build Court-House, 284 Tax on Shows exhibited in Coweta, Merriwether, Gwinnett and Union counties, 285 V. VOLUNTEERS. To incorporate Chasseurs of Horse of Camden county, 288 To incorporate Columbus Guards, 289 To incorporate Volunteer Light Infantry in De Kalb county, 291 To incorporate Taylor's Creek Rifle Company in Liberty county, 292 To incorporate Monroe Rifle Company in Monroe county, 293 To incorporate Morgan Guards in Morgan county, 294

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INDEX TO THE RESOLUTIONS. A. ABOLITIONISTS of the North, in reference to the, 297 ACADEMY FUND To be paid to the Clarkesville Academy, 329 B. BANKS in successful operation, banking capital and specie in circulation, 324 C. CASS COUNTY Resolutions respecting the tax collector of, 347 CENTRAL BANK of Georgia, approbatory of manner of conducting if by its directors, 300 Required to effect a settlement with A. G. Saffold, c. 353 To receive money from Philip A. Clayton, without interest, 325 CLAYTON, Philip A., on certain conditions to receive a grant for a fraction in Habersham county, 325 CLERK of committee appointed to report bill to establish Court for Correction of Errors, to be paid ten dollars, 303 D. DEAF AND DUMB Appropriation for, c. 330

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E. ELECTIONS. To elect Directors for Bank of Darien, Planters' Bank, Bank of the State of Georgia, one Major General and one Brigadier General, 326 To elect a Judge of Superior Court for Chattahoochie Circuit, a Judge of Superior Court for Cherokee Circuit, and a Solicitor General for each of said circuits, and a Judge of Common Pleas for City of Savannah, 306 To elect a Major General and two Brigadier Generals, 307 To elect a Solicitor General of Southern Circuit, 308 To elect a Secretary of State, Treasurer, Comptroller General and Surveyor General, 308 G. GEORGIA GUARD Resolution disapproving of the arrest by the, of John Howard Payne, 342 Inexpedient to reorganize it in the Cherokee Circuit, c. 342 GEORGIA JUSTICE Resolution requesting the Governor to purchase from Green and Lumpkin three thousand copies of their work entitled the, 334 GOVERNMENT HOUSE. Appropriating money for erecting and furnishing a new one, 304 GREEN W. SMITH, Central Bank v. Central Bank, authorized to settle said case, 327 H. HAMMOND, Elijah, Resolution remitting the balance due to the State by him, 343 I. INDIANS Resolutions authorizing the Governor to take certain measures to defend the frontiers against the inroads of, c. 332

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L. LAWS AND JOURNALS A copy of the Laws and Journals of the present session of the Legislature to be sent to each of the newspaper offices in the States, 344 LAWS of a public or general character, enacted by the present Legislature, to be published in such of the public gazettes of this State as the Governor may select, 350 M. MAIL ROUTE Requesting our Senators and Representatives in congress to endeavour to have established a mail route from Columbus to Bainbridge, 309 P. PAYNE, John Howard, disapproval of the arrest and confinement of, by the Georgia Guard, 342 PAINTINGS, on the walls of the chambers of the House of Representatives and Senate, and in the Executive Office, resolutions respecting, 348 PENITENTIARY Appropriating money, raising and repairing its outer wall, 311 POOR SCHOOL FUND To be paid to the county of Columbia, 349 PRINTING of Laws and Journals to be executed by John A. Cuthbert, and job printing by P. L. Robinson, 313 PUBLIC SQUARE around State-house, Governor requested to cause to have improved the, 319 R. RAILROAD route in the northern boundary of Georgia, to connect Cincinnati with the Atlantic coast, the Governor requested to employ an engineer to survey, 314 ROAD Locust Stake, resolution appropriating an unexpended balance for the further improvement thereof, 351

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S. SAVANNAH RIVER Resolutions in relation to the improvement of the, navigation of the, 354 Resolutions in relation to saving the swamp lands on said river from inundation, 356 SHERIFF of Merriwether county, authorizing him to make return of a certain sale within ten days after the passage of the resolution, 346 SURVEYOR GENERAL'S Office, to protect papers in, and authorize Surveyor General to appoint a clerk, 320 T. TATUM, Silas Resolution authorizing the Comptroller General to credit him with a certain sum in his next settlement with him, 360 TAXES Resolution allowing John Langston, tax collector of the county of Lumpkin, to present his insolvent tax list to the next grand jury of said county, c. 345 TREASURER'S Office, approbating the condition of, 322