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: P. L. ROBINSON 18361100 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, 1836. 18361100 18361200 MILLEDGEVILLE : P. L. ROBINSON STATE PRINTER. 1837.
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ACTS of the General Assembly of the STATE OF GEORGIA , PASSED IN NOVEMBER AND DECEMBER , 1836. ACADEMIES. AN ACT, To require the Treasurer of Jackson Academy, to make out the Report of said Academy, annually. WHEREAS, the laws of the State of Georgia, are not sufficiently explicit on the subject of making out Academical Reports: Sec. 1. Therefore, be it exacted by the Senate and 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 Treasurer of the Jackson Academy, of the County of Butts, to make out the Annual Report, to the Senatus Academicus. Sec. 2. And be it further enacted , That it shall be the duty of said Treasurer to call on the Teacher of said Academy, for any and all information relative to the making out of the said Report; and that the said Treasurer, after having made out
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said Report, shall place the same in the hands of the Senator elect, of the County of Butts, to be returned by him to the senatus Academicus. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836. AN ACT, To repeal the eighth and ninth sections of an Act, entitled An Act, to incorporate Mount Pleasant Academy, in the county of Muscogee, and appoint Trustees for the same; and to incorporate certain Academies therein named, and to certain rights and privileges upon the same, passed 22d Dec. 1835. 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the said eight, and so much of the ninth sections, as relate to the county of Tattnall, be, and the same are hereby repealed.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. 29, 1836. AN ACT, To incorporate Summer Retreat Academy, in the County Muscogee. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it hereby enacted by the authority of the same , That from and after the passage of this act, Summer Retreat Academy, shall known by the name and style of Summer Retreat Academy and that Nathaniel Nuckols, William Pool, Robert M'Crary Jeremiah Thornton and William Mealing, and their success
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in office, be, and they are hereby declared to be a body politic and incorporate, by the name and style of the Trustees of Summer Retreat 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 or laws of this State, and for that purpose may have and use a common seal, and appoint such officers as they may think proper, and remove the same from office. Sec. 2. And be it further enacted , That the said Trustees shall be capable of accepting and being invested with all manner of property, real and personal; all donations, gifts, grants, privileges and immunities whatsoever, which may belong to the said institution, or which may hereafter be conveyed or transferred to them and their successors in office, to have and to hold the same, for the proper benefit and behoof of the said Academy. Sec. 3. And be it further enacted , That when any vacancy shall happen by death, resignation, or otherwise, of any one or more of the Trustees of said Academy, the survivors, or a majority of them, shall fill the same, in such manner as may be pointed ont by the laws and regulations of the Trustees aforesaid. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 28, 1836. AN ACT, To incorporate the Female Academy at Lincolnton, Lincoln County, and to appoint Trustees to the same. Also, to appoint additional Trustees to the Male Academy at Lincolnton, Lincoln County; to fill vacancies occasioned by the death and resignations of the Trustees heretofore appointed to said Academy. Sec. 1. Be it enacted by the Senate and House of Representatives, and it is hereby enacted by the authority of the same , That Shadrack Turner, Harvey Wheat, William B. Cantelou, Nihcolas Fox, Thomas Dallis, Senior, and Alexander Johnston, be, and are hereby appointed Trustees to
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the Female Academy of Lincolnton, in the county of Lincoln, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Lincolnton Female Academy. Sec. 2. And be it further enacted , That the Trustees aforesaid, and their successors in office, be, and they are hereby authorized and empowered to make and use a common seal; of suing and being sued, pleading and being impleaded, in the several courts of law and equity in this State; of making all necessary by-laws for their government; of holding title to, and conveying real and personal estate; purchasing, building, or making sale of their buildings, if necessary, or improvements thereto, at pleasure, which is or may be erected for their seminary, and to all other things, and of enjoying all other immunities, not inconsistent with the Constitution and laws of this State, which may be for the well being of said incorporation. Sec. 3. And be it further enacted , That the Trustees aforesaid, or a majority of them, shall have power to fill all vacancies that may occur in said board by death, resignation, or otherwise; also, to employ Teachers, from time to time, and to appoint a Treasurer or other officer, if expedient; to put at interest, if expedient, any monies belonging to said institution, or that may, by donation, tuition or otherwise, become a part of the funds thereof. Sec. 4. And be it further enacted by the authority aforesaid , That said Academy shall stand upon the same footing, and be entitled to draw an equal portion of the Academical fund with the other Academies in Lincoln county, that may be set apart from time to time by the Legislature of the State of Georgia, or its authorities, or that may now stand for distribution. Sec. 5. And be it further enacted , That John Zellars, Thomas Florence, William Dallis, Adam Harnosberger, Harvey Wheat and Shadrack Turner, be appointed Trustees of the Lincolnton Male Academy, in said county, to fill vacancies occasioned by death and resignation of others, to wit: John M. Dooly, Thomas W. Murray, Lewis Stovall, Stephen Stovall and Wm. C. Stokes, with one additional Trustee. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836.
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AN ACT, To incorporate the Fayette County Academy, 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 Young Mann, William Herring, Tandy D. King, Thomas Byrne and William W. Coker, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of the Fayette County Academy. Sec. 2. And be it further enacted , That the Trustees aforesaid, and their successors in office, be, and they are hereby invested with the power of using a common seal, of suing and being sued, pleading and being impleaded, in the several courts of law and equity in this State; of making all necessary by-laws for their government; of holding title to, and conveying real and personal estate, and of doing all other things, and of enjoying all other immunities, not inconsistent with the Constitution and laws of this State, which may be necessary to the well being of said corporation, and of filling any vacancy that may take place in their body. Sec. 3. 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. Sec. 4. Be it further enacted by the authority aforesaid , That his Excellency the Governor, be, and he is hereby authorized to draw his warrant on the Treasurer, in favor of the Trustees of Fayette County Academy, for such dividends as may be due said institution, on the application of any one of the Trustees, any law to the contrary, notwithstanding. 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, Dec. 24, 1836.
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AN ACT, To incorporate Greenville Female Academy, in the county of Merriwether, and appoint Trustees for the same; and the Newnan Female Academy, in the county of Coweta. 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 Walton B. Harris, Joseph W. Anthony, Robert A. Jones, Gibson F. Hill and Wiley P. Burks, be, and they are hereby appointed, and they and their successors in office, are hereby declared to be a body corporate, by the name and under the title of the Trustees of Greenville Female Academy, in the county of Merriwether. Sec. 2. And be it further enacted , That the Trustees aforesaid, and their successors in office, be, and they are hereby invested with the power of using a common seal, of suing and being sued, pleading and being impleaded in the several courts of law and equity in this State; of making all necessary bylaws for the government of said Academy; of holding titles to, and conveying real and personal estate, and of doing all other things, and of enjoying all other immunities, not inconsistent with the Constitution and laws of this State, which may be necessary to the well being of said corporation, and of filling any vacancy that may take place in their body. Sec. 3. And be it further enacted , That all laws and parts of laws militating against this act, be, and they are hereby repealed. Sec. 4. Be it further enacted , That from and after the passing of this act, William U. Anderson, A. B. Leigh, A. B. Calhoun, R. M. Fletcher, and John Ray, be, and they are hereby appointed Trustees of the Newnan Female Academy, situated on lot number sixty-four, in the village of Newnan in the county of Coweta. Sec. 5. Be it further enacted , That 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 Trastees of the Newnan Female 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
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have a common seal and appoint such officers as they may think proper for the management of said institution. Sec. 6. 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. 7. 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 of said Academy, their vacancies shall be filled by their survivors, or a majority of them, or as the by-laws of said Academy may point out. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24, 1836. AN ACT, To incorporate and appoint Trustees for the Lafayette Academy in the country of Monroe. 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 Ezekiel Stanly, Enoch Hinson, John McKinney, Eli H. Walker and John Chamblis, and their successors in office, be, and they are hereby appointed Trustees for the Lafayette Academy, in Monroe County. Sec. 2. And be it further enacted , That the said Trustees and their successors in office, be, and they are hereby declared to be, a body politic and corporate, by the name and style of the Trustees of Lafayette Academy, and as such, shall be capable and liable of suing and being sued, pleading and being impleutled, 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
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or laws of this State, and for that purpose may have and use 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 and their successors in office, to have and to hold the same, for the proper benefit and behoof of the said Academy. Sec. 4. And be it further enacted , That when any vacancy shall happen, by death, resignation, or otherwise, of any one or more of the Trustees of said Academy, their survivors, or a majority of them, shall fill such vacancy. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to Dec. 24, 1836. AN ACT, To incorporate the Trustees of the following Academies, to wit:The Trustees of Valley Grove Academy; of Planters' Academy; of Prattsburg Academy and Union Academy, in the county of Talbot; of Chatooga Academy; of Pleasant Green Academy, in the county of Walker; the Trustees of Union Hill, High Hill, Turkey Creek, Liberty Hill and Black Creek Academies, in the county of Wilkinson; the Trustees of Clayton, Hopewell and Union Academies, in the county of Crawford; the Trustees of Troup and Dublin Academies, in the county of Laurens; the Trustees of Rehoboth Academy, in the county of Morgan; the Trustees of Blairsville Academy, in the county of Union; the Trustees of Little River and Harmony Academy, in the county of Newton; the Trustees of Summerville Academy, in the county of Dekalb; the Trustees of Vineville Academy, in the county of Bibb; the Trustees of the Female Academy, in the county of Pike; the Trustees of Centreville Academy, in the county of Walton; the Trustees of
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Pleasant Grove Academy, in the county of Decatur; the Trustees of Pleasant Hill and Flat Creek Academies, in the county of Merriwether; the Trustees of Rosseau Academy, in the county of Columbia; the Trustees of Summerville Female Institute, in the county of Richmond; the Trustees of Fort Valley and Houston County Academies, in the county of Houstonand to appropriate a part of the Poor School and Academic fund, set apart for the county of Houston, to repairing or rebuilding the Houston County Academy edifice, the Trustees of Gum Spring Academy, in the county of Washington, and the Trustees of Philadelphia Academy, in the county of Baldwin; and to appoint the Trustees of Hall County Academy; Trustees of the Hall County Female Academy; also, to confer certain powers, 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 Alexander Buchanan, John Cook, John Russell, John Ellison and James Bonner, and their successors in office, be, and they are hereby declared to be a body corporate, by the style of the Trustees of Valley Grove Academy, in Talbot county. That William T. Burke, John McMichael, William P. Edwards, Isaiah C. Fitten, Richard B. Rucker, Howel Short and Robert Horton and their successors in office, be declared a body corporate, by the style of the Trustees of Planters' Academy, in the county of Talbot. That John Tomplin, John T. Booth, Simeon Parker, Hiram Drane, and Mason McLenden and their successors in office, be declared a body corporate, by the style of the Trustees of the Prattsburg Academy, in the county of Talbot. That Michael Dixon, William Henry, Benjamin N. Wheeler, Daniel Gortman and John Caldwell, and their sucessors in office, be declared a body corporate, by the style of the Chaitooga Academy in the county of Walker. That Charles Latimer, John M. Boon, James Phillips, James R. George and James Diamond, and their successors in office, be, and they are hereby appointed a body corporate, by the style of the Trustees of Summerville Academy in the county of Dekalb. That Richard Lewis, James Gibson, Samuel Bragg, Joel Rivers
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and Archibald Smith, and their successors in office, be declared a body corporate, by the style of the Union Hill Academy, in the county of Wilkinson. That T. D. Hammock, Mansel Hammock, Allen G. Simmons, William C. Cleveland and John T. Masket, and their successors in office, be declared a body corporate, by the style of the Trustees of Clayton Academy in the county of Crawford. That Isaac Hall, James Ross, William Carswell, Joel Hardie and William Herndon and their successors in office, be, and they are hereby appointed a body corporate, by the style of High Hill Academy, in High Hill district, in Wilkinson county, with the same rights, privileges and immunities of other Academies in Wilkinson county. That John T. Harrison, Timothy Sears, Anderson Ingram, William Payne and Joel Butler be, and they are hereby appointed a body corporate, by the style of the Trustees of Turkey Creek Academy, in the Turkey Creek district in Wilkinson county, with the same powers as aforesaid. That Robert Rozar, William B. Smith, Elisha Hall, William Cawley and Daniel Hall be, and they are hereby appointed a body corporate, by the style of the Trustees of the Griffins' District Academy, in Wilkinson county, with the same powers as aforesaid. That Joel Dees, William Lord, Wiley Miller, Hansford Davis and Jethro Dean, be, and they are hereby appointed a body corporate, by the style of the Trustees of Mount Pleasant Academy, in Currie's district, in Wilkinson county, with the powers and privileges of other Academies in Wilkinson county. That James Hatcher, Lewis Clay, Ratliff Boon, John Meredith and Daniel S. Pierce, be, and they are hereby appointed a body corporate, by the style of the Trustees of Liberty Hill Academy, in the Fork distrist, in Wilkinson county, with the same privileges as are given to the other Academies in Wilkinson county. That John Hall, George Shinholser, Bryant Obanion, Oathneel McCook and Thomas Underwood, be, and they are, hereby appointed a body corporate, by the style of the Trustees of Black Creek Academy, in Bond's district, in Wilkinson county, with the like privileges of other Academies in said county.
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That Barlow Bennett Whitehead, Benjamin Dorsey, Kindred Partain, Sugar Forest, A. Y. Hampton and J. M. Hampton, and their successors in office, be declared a body corporate, by the style of the Trustees of Troup Academy, in the county of Laurens. That Charles B. Guyton, Francis Thomas, John Lowther, John G. Forderin and Jeremiah H. Yopp, be, and they are hereby appointed five additional Trustees to the Dublin Academy, in Laurens county, together with Eli Warren and Robert Robertson, heretofore appointed. That John C. Wright, Littleberry Bostwick, Guy Smith, Micajah Hillsman, Wiley Robertson, William Varner, Francis H. Oliver, Asa Smith and John Radford, and their successors, be declared a body corporate, by the style of the Trustees of Rehoboth Academy, in the county of Morgan. That A. Duncan, Joseph Lowther, Thompson Collins John Bryson and John Butt, Junior, and their successors in office, be declared a body corporate, by the style of the Trustees of the Blairsville Academy, in the county of Union. That Alexander Pharr, Abraham Hill, Eli Hill, Isaac Snell and Christopher A. Carter, and their successors in office, be declared a body corporate, by the style of the Trustees of Little River Academy in Newton county. That Benjamin Lester, John S. Stephens, James McCrary, Shadrach Bivins and William Lewis, be, and they are hereby appointed a body corporate, by the style of the Trustees of the Philadelphia Academy, in the county of Baldwin. That Jared Wood, Joseph Daniel, John Glenn, George R. Wood and Metcalf Fisher, and their successors in office, be declared a body corporate, by the style of the Trustees of the Gum Spring Academy, of Washington county. That John Moore, Samuel J. Davis, Henry H. Cumming, John W. Wilde, James W. Davis, Samuel Clarke, Edward Thomas, Pleasant Stovall, John Milledge, Robert Campbell, David F. Halsey and John McKinne, be, and they are hereby appointed Trustees of the Summerville Female Institute, in the county of Richmond. That Abram Hill, James Stinson, A. Roberson, Robert N. Parham, and Bishop Clemmons, be, and they are hereby appointed, and they and their successors in office are hereby declared to be a body corporate, under the title of the Trustees of Pleasant Hill Academy in the county of Merriwether. That Isaac Barnes, Bailey Hogue, Samuel Gates, John Owens
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and Ziba Fletcher, be, and they are hereby appointed, a body corporate, under the title of the Trustees of Flat Creek Academy, in the county of Merriwether. That James Everett, Allen Wiggins, James P. Allep, Hugh Allen, Hardy Hunter, Henry Kaigler and John Humphries, and their successors in office, be, and they are hereby appointed a body corporate, by the style of the Trustees of Fort Valley Academy, in Houston county. That William Searcy, James Mason, John Adams, Joel Measles, Alexander G. Nixon and William Green, be, and they are hereby appointed a body corporate, by the style of the Trustees of Marion Academy in the county of Talbot. That S. Cason, L. Davis, E. Simonton, R. Lockett and E. Sawyers, be, and they are hereby appointed a body corporate, by the name and style of the Trustees of Hopewell Academy, in the county of Crawford. That Robert Ronsaville, Robert Boyle, Robert McCane, John Lamar, John T. Story and Joseph Pitts, be, and they are hereby appointed a body corporate, by the style of the Trustees of Pleasant Green Academy, in the county of Walker. That John L. Gresham, John Scott, Robert Echols, Daniel Mobley, Jesse H. Dismukes, John Jones, Reuben Weaver, Thomas Giles and John Pool, be, and they are hereby appointed a body corporate, by the style of the Trustees of Centreville Academy, in the county of Walton. That John W. Keith, William McElvy, Sen. James Nicholson, James Griffin and William Chester, be, and they are hereby appointed a body corporate, by the style of the Trustees of Pleasant Grove Academy, in the county of Decatur. Sec. 2. Be it further enacted by the authority aforesaid , That the several persons hereby declared to be bodies corporate, under the several styles herein designated, may each, as a corporate body, have a common seal; may sue and be sued; plead and be impleaded in the several courts of law and equity in this State; make all necessary by-laws, not repagnant to the laws and Constitution of this State; fill all vacancies in their bodies; hold all kinds of property; make, or receive conveyances; be invested with all gifts, donations, grants, rights, privileges and immunities, whatsoever, which are essential or necessary to the well-being of said corporate bodies; and generally to do all things in reference to the interests of education, which are usual to be done, by Trustees of Academies.
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Sec. 3. Be it further enacted by the authority aforesaid , That the Boards of Trustees of the Academies in Wilkineon county, hereby incorporated, shall, each be entitled to receive an equal share or portion of the Academie fund set apart for the said county of Wilkinson, with the other incorporated Academies in said county. Sec. 4. Be it further enacted , That Charles H. Rine, Thomas Williams, Joshua Pattishall, Samuel Fielder and Francis W. Jobson, be, and they are hereby appointed Trustees of the Houston County Academy, and that they and their successors in office, as a body politic and corporate, under the name and style of the Trustees of Houston County Academy, shall be entitled to all the rights and privileges, and shall have the same powers, and be subject to the same restrictions, as belong to, and are imposed on the other Academies, incorporated by this act; and that the several Acts heretofore passed, relative to said Academy, so far as they do not militate against this Act, be, and they are hereby declared to be in full force. Sec. 5. Be it further enacted by the authority aforesaid , That the Trustees of the Houston County Academy, shall have power and authority to sell and dispose of the present Academy edifice and lot, at public sale, and to contract for the building of a new edifice for said Academy, in the town of Perry, and apply the proceeds of the sale to the building of such new edifice. Sec. 6. Be it further enacted by the authority aforesaid , That the sum of three hundred dollars be, and the same is hereby appropriated out of the Academic and Poor School fund set apart for the county of Houston, to be applied, with the proceeds of the sale of the present Academy edifice aforesaid, to the building of such new Academy edifice; and that the commissioners appointed to lay out the commons attached to the town of Perry, into lots and dispose of said lots, be, and they are hereby authorized and required to convey to the Trustees of Houston County Academy, any lot or lots laid out on said commons, which the said Trustees shall select, for the location of the said new Academy edifice. Sec. 7. Be it further enacted by the authority aforesaid , That his Excellency the Governor, cause to be paid to the Trustees of the Houston County Academy, or their order, from the funds aforesaid, the money hereby appropriated. Sec. 8. Be it further enacted by the authority aforesaid , That the Trustees of Centreville Academy, in the county of
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Walton, shall be entitled to an equal share of all moneys heretofore, or which may hereafter be appropriated to the Academies of said county, by the laws of this State, appropriating funds for the benefit of Academies. Sec. 9. Be it further enacted by the authority aforesaid , That his Excellency the Governor, is hereby authorized and required to cause the Academical fund, set apart for the county of Decatur, annually, (including the fund for the year 1836) to be equally divided amongst the incorporated Academies of said county, and he is hereby authorized and required to pay to each of said Academies, an equal share of said fund, whenever asked by any one of the Trustees thereof, or to their order. Sec. 10. And be it further enacted , That Wm. A. L. Collins, Green L. Dozier, James M. Darsey, John Collins, Patrick Dougherty and John A. Stapler, be, and they are hereby appointed Trustees of the Rosseau Spring Academy, in the county of Columbia. Sec. 11. And be it further enacted by the authority aforesaid , That William J, Underwood, Stephen G. Paxton, John R. Rollins, be, and they are hereby appointed Trustees of the Murray County Academy, in addition to those already appointed. Sec. 12. And be it further enacted , That Shelby Dawns, Alfred Livingston, Z. B. Middlebrooks, Leroy Mercer and William Spear, be, and they are hereby declared a body corporate, by the name and style of Harmony Academy, in the county of Newton. Sec. 13. And be it further enacted by the authority aforesaid , That the Trustees of Vineville Female Academy, in the county of Bibb, shall have power to negotiate loans, as they may deem right, for the promotion of said Academy. Sec. 14. And be it further enacted , That the Trustees of Clarkesville Academy be, and they are hereby authorised to sell, or otherwise dispose of the present Academy lot and building, and invest the proceeds thereof, in erecting another on a more suitable and advantageous site in the immediate neighborhood of Clarksville. Sec. 15. And be it further enacted , That George D. Phillips, George W. Owens, Richard W. Habersham and John H. Matthews, be, and they are hereby appointed Trustees of said Academy, in addition to the present Trustees, with like powers and privileges. Sec. 16. And be it further enacted , That the Trustees of
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Hall County Academy, be appointed Trustees of the Hall County Female Academy. And that Martha Jenkins, Jeremiah Lampkin, David Jones, James Powell, George Knowles, Daniel S. Harrrison and Miles H. Harmon and their successors in office, be, and they are hereby appointed Trustees of the Rest Academy, in the county of Dooly. And that Seaborn J. Johnson, Alexander Shorter, Colley Denson, James Hemphill, and James Ellis, and their successors in office, be, and they are hereby appointed Trustees of the Vann's Valley Academy. And that James Willis, Joseph Crook, James Price, Francis Kelly, William H. Cleghorn and their successors in office, be, and they are hereby appointed Trustees of the Chattooga Academy, in the county of Floyd. And that James H. H. Montgomery, Richard F. Harrell, Newton Pitt and John W. Pitts, and their successors in office, be, and they are hereby appointed Trustees of Palmyra Academy, in the county of Jasper. And that Josiah H. Holmes, Charles Turner, Sherrod B. Shehee, Gideon Burns and Allen McDonald, and their successors in office, be, and they are hereby appointed Trustees of the Barnesville Academy, in the county of Pike. And that Joel W. Perry, James G. Collier, Richard Grist, George T. Spouse and John Floyd, and their successors in office, be, and they are hereby appointed Trustees of the Blakely Academy, in the county of Early. And that Benson Roberts, and Thomas Kirkpatrick, be, and they are hereby appointed additional Trustees for the Cobb County Academy. And that Charles Latimer, John M. Brown, James R. George, James Phillips, James Diamond and their successors in office, be, and they are hereby appointed Trustees of the Summerville Academy, in the county of Dekalb, and they and their successors in office, are entitled to all the privileges pointed out by the first and second sections of this Act. Sec. 17. And be it further enacted , That all laws and parts of laws, militating against this Act, be, and the same are hereby repealed: Provided , nothing herein contained, shall be so construed as to entitle the said Little River Academy, to any portion of the Academic fund of Newton county, nor to any part of the Poor School fund, for any poor children, not residents of the said county of Newton.
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Sec. 18. And be it further enacted , That Peter Kimble, William Slocumb, John Meadows, William Wallace and Allen Summers, be a body corporate, by the name of the Trustees of Hightower Trail Academy, in Newton county, with power to fill all vacancies that may occur in their said board, and with all powers usually conferred on institutions of the like kind. Sec. 19. And be it further enacted , That Stephen G. Paxon, John R. Rollins and Wm. J. Underwood, be appointed Trustees of Murray County Academy, in addition to those now acting. Sec. 20. And be it further enacted by the authority aforesaid , That Joseph James, Joshua James, Forsyth E. W. Mathews and Joseph McBrayer, be, and the same are hereby appointed Trustees of the Racoon Creek Academy, in the county of Paulding. Sec. 21. And be it further enacted , That James Perdue, Frederick Rieves, Dolphin Floyd, S. W. Langston, Henry Gunn, Lelds Granberry, be, and they are hereby incorporated as Trustees, and known by the name and style of the Trustees of Bluff Spring Academy, in the county of Monroe, and they are hereby invested with all corporate powers, as are hereinbefore provided for other Academies, in the foregoing sections. Sec. 22. And be it further enacted by the authority aforesaid , That Samuel Andrews, Hugh F. Rose, Josiah H. Keen, Elisha Vinson, John S. Randall, James Parroth, John D. Eaton, James Jourdan, A. L. Evans, and Robert Ralb, be, and they, and their successors in office, are hereby appointed and declared to be, a body corporate, by the name and under the style of the Trustees of the Pataulla Male and Female Academy, in the 19th district of Stewart county, and as such, shall sue and be sued, plead and be impleaded at law or in equitythat said Trustees shall be able and capable in law, of holding real or personal estateall gifts, grants, and immunities, which may now belong to said Institution, or which may hereafter be conveyed or delivered to them, or their successors in office, for the benefit of said Institution; and that the said Trustees, or a majority of them, shall have power to make all necessary contracts, and to do and perform all necessary acts and things appertaining to the said Institution, and to make all such by-laws as may be necessary for the government of said Academy, that be not repugnant to the Constitution and laws of this State, and to fill any vacancy that may happen in the board of Trustees; in which case, the serving Trustees shall fill such vacancy
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Sec. 23. And be it further enacted , That John D. Pitts, Lewis Dupree, Jourdan Hodges, Mark M. Fleming, Thomas C. Currie, Jesse Chett and Neele Roberson, and their successors in office, be, and they are hereby appointed Trustees of the Hickory Grove Academy, in Stewart county. Sec. 24. Be it further enacted , That Hugh Craft, William Scott, Thomas Hardeman and William Hamilton, and their successors in office, be, and they are hereby declared a body corporate, by the style of the Vineville Academy, in the county of Bibb. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24 1836. APPROPRIATIONS. AN ACT, To appropriate money for the removal of obstructions to the navigation of the Oconee River, below Milledgeville, and to appoint Commissioners with full power to carry into effect the intention of the Legislature in relation thereto. Be it enacted by the Senate and 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 and set apart for the improvement of the navigation of the Oconee River, below Milledgeville; and that the Governor, upon the authority of the Commissioners, hereinafter named, or a majority of them, in writing, at any time after the passage of this act, be, and he is hereby authorized to draw his warrant upon the Treasury, for such sum of money as is hereby appropriatedwhich warrant shall be paid by the Treasurer, out of any funds not otherwise specially set apart for a particular purpose by this Legislature, in the General Appropriation Act. And be it further enacted , That Farish Carter, George L. Deming, Thomas B. Stubbs, Nathan McGehee and Horace
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R. Ward, be, and they are hereby appointed Commissioners for the removal of obstructions to the navigation of the Oconee River, below Milledgeville, with full power to employ such artizans and operatives, as they may deem necessary to the complete effectuation of the purposes of the appropriation hereby made, and to make all other contracts in relation to the end contemplated, which in the judgment of a majority of them, may most advance the interests of the community. And be it further enacted , That whenever a vacancy may occur in the Board of Commissioners hereby created, by removal, resignation, death, or otherwise, such vacancy shall be filled by a majority of the remainder of the Board. And be it further enacted , That the sum of money hereby appropriated shall be subject to no other purpose, whatever, than the one contemplated by this act. And be it further enacted , That to insure the faithful application of the money hereby appropriated, it is hereby made obligatory upon said board to transmit to the Governor, immediately preceding each annual session of the Legislatrue, a report of its operations, accompanied by an account current, by which, must be exhibited clearly, the several items of disbursment, and to whom paid, and when paidand each commissioner, shall, before a Judge of the Superior Court, or Justice of the Inferior Court, previous to his entering upon the duties of the trust delegated, take the following oath: I, do solemnly swear, that, to the best of my judgment I will faithfully employ the public money committed to my charge, so as to promote the ends contemplated by the Legislature, in the appropriation. JOSEPH DAY. Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 27, 1836. AN ACT, To provide for the payment of Volunteers in this State, in certain cases, for services, loss and expenditures, during the late Creek and Seminole campaigns, and to point out the manne rol doing the same. Sec. 1. 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 the several companies or other bodies of less than sixty men, battalions, or regiments of the militia, which were ordered out to defend the frontiers of this State, against the recent hostilities of the Creek and Seminole Indians, by the commanding officer of such company, battalion, regiment, or brigade, and such companies as were or were not formed and volunteered for the immediate defence of the same without such orders, all of whom were not mustered into the service of the United States, shall be entitled to receive the same compensation for their services as though they had been regularly mustered into said service. Sec. 2. And be it further enacted , That it shall be the duty of each and every commanding officer of the several companies or bodies of men as aforesaid, whether commissioned, or breveted, or appointed by the members thereof to the command under the exigencies of the moment, to make out a muster roll of his company or body of men, containing the names and rank of the members thereof, the time of their actual service, whether infantry or cavalry, the number of days of subsistence and forage for man and horse furnished by each, and the quantity of ammunition expended by each in said service and upon the presentation of such muster roll, duly certified to the Governor, by the commanding officer of such company, it shall be his duty to issue his warrant on the Treasurer for the amount due said company, according to the requisitions of the first section of this act, and full pay for the ammunition, in favor of the officer commanding the same. Sec. 3. And be it further enacted , That all field and staff officers shall be paid at and after the same rates, which similar officers are paid in the service of the United States upon the presentation of their accounts duly certified to the Governor. Sec. 4. And be it further enacted , That the said commanding officers of companies shall state upon their muster rolls, what property of said company may have been lost in battle or in the immediate pursuits of the Indians, or while employed in actual service, together with a statement of the value and name of the owner, and shall transmit likewise to the Governor, such testimony as the claimant may furnish to him of the loss and value thereof, it shall be the duty of the Governor to pay for the same: Provided , that the provisions of this act shall not extend
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beyond the loss of horses, and equipages, wagons, and wearing apparel of the soldiers. Sec. 5. And be it further enacted , That his Excellency the Governor, be, and he is hereby required to pay all accounts for subsistence, forage, ammunition, clothing, tents, camp equipage, cooking utensils, and medicine, and hospital stores, transportation, and all expenses necessarily incurred in fitting up the public arms, which may have been contracted by the commanding officer of any company, battalion, regiment, brigade or division, or by the quarter master of either of them thereof, for the use of the same, either in the Creek or Seminole campaign, or in the Cherokee Counties of this State, either before or after they had been mustered into the service of the United States: Provided , such payment has not been made by the United States, Provided his Excellency shall be satisfied that the same shall have been purchased in good faith. And Provided also, that the officer purchasing or issuing said provisions, in the event of his not having received compensation therefor, shall be paid at and after the same rates which similar officers are paid for like services, in the army of the United States. Sec. 6. And be it further enacted , That inasmuch as many of the volunteers both in the Creek and Seminole campaigns were sick or wounded, and required medical assistance, which could not be obtained otherwise than from physicians unconnected with the army, his Excellency the Governor is hereby authorized to pay all reasonable accounts for necessary medical attention and nursing of the Volunteers in the Creek campaign, who were, or were not, mustered into the service of the United States, or wounded Indian prisoners, as well as all similar accounts contracted by the Volunteers in the Seminole campaign, either going to, or returning from the same, who were unable to procure the services of the surgeon of the army. Sec. 7. Be it further enacted , That all of said companies and other bodies of men, who had to defray their own expenses on their way home, shall be paid such reasonable expenses: Provided , the same has not been paid by the United States. Sec. 8. And be it further enacted , That all payments made under this act shall be made out of any monies in the Treasury not otherwise appropriated, and that all such payments shall be charged by the Governor in account against the United States.
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Sec. 9. And be it further enacted , That where any duties are required by the commanding officer of any company, under the provisions of this act, the same may be performed by the next highest officer in command: Provided , the said officer may be dead or removed from the State. Sec. 10. And be it further enacted , That all accounts to be settled under this act, shall be audited by the Comptroller General, who, upon evidence of their reasonableness,, under a liberal construction of this act, shall recommend the same to be made to the Governor, who shall thereupon draw his warrant on the Treasury for the same. Sec. 11. And be it further enacted , That his Excellency the Governor, be, and he is hereby authorized to demand of the Treasury of the United States, re-payment of the amounts paid under this act, which are properly a charge under the Rules and Regulations of War; and that he be authorized to request our Representatives and instruct our Senators in Congress to obtain the passage of a special act of Congress for the payment of the accounts not so chargeable under the existing law of the United States. Sec. 12. And be it further enacted , That our Senators in Congress and our Representatives in that body, be requested to use their most strenuous efforts to obtain an act of Congress for the appointment of Commissioners, under the United States, to adjust and liquidate the claims of all the citizens of this State, for losses incurred by them in the late Indian wars. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 26, 1836. AN ACT, To appropriate money for the support of Government, for the political year, eighteen hundred and thirty-seven, and to fix the salary of the Governor, after the present term expires. Be it enacted by the Senate and 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
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the political year, eighteen hundred and thirty-seven, viz: The salary of his Excellency the Governor, shall be three thousand dollars per annum. The Secretaries of the Governor, not exceeding three, twelve hundred and fifty each, per annum. The Secretary of State, two thousand dollars per annum. The Treasurer, two thousand dollars per annum. The Comptroller General, two thousand dollars per annum. The Surveyor General, two thousand dollars per annum. The Clerk of the House of Representatives and Secretary of Senate, six hundred dollars each, per annum: Provided , no warrant shall issue for the first quarter salary, of the Secretary of the Senate and Clerk of the House of Representatives, until the Executive shall have satisfactory evidence, that said Secretary of the Senate and Clerk of the House of Representatives, have, respectively, made, or caused to be made and attached to the Journals of the present Session, good and sufficient Indexes. The Judges of the Superior Courts, twenty-one hundred dollars each, per annum. Also, to the Judges of the Supreme Court of the State of Georgia, each, twenty-five hundred dollars. Also, to the Reporter of the decisions of the Supreme Court, fifteen hundred dollars. The Attorney General and Solicitor Generals, two hundred and twenty-five dollars each, per annum. And be it further enacted by the authority aforesaid , That for the Printing Fund, twenty thousand dollars, and the further sum of fifty thousand dollars, be, and the same is hereby appropriated and set apart as a contingent fund, subject to the order of the Governor, during the political year eighteen hundred and thirty-seven. And be it further enacted by the authority aforesaid , That the sum of ten thousand dollars be, and the same is hereby appropriated and set apart as a military fund, subject to the order of his Excellency the Governor, for the political years of eighteen hundred and thirty-six and eighteen hundred and thirty-seven. And be it further enacted by the authority aforesaid , That for the compensation of the Members of the Legislature, five dollar 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 five dollars, after they have left the Legislature for the remainder
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of the session be appropriated, and also the sum of five dollars, for every twenty miles coming to and returning from the seat of Government. The sum of seven dollars each, per day, to the President of the Senate and Speaker of the House of Representatives, during their attendance, and the sum of five dollars, for every twenty miles coming and returning from the seat of Government. To the Clerk of the House of Representatives and assistant Clerk, and Secretary of the Senate and assistant Secretary, during the session of the Legislature, seven dollars each, per day, and the sum of sixty dollars each, for contingent expenses. To three Engrossing Clerks of the House of Representatives, and two Engrossing Clerks and one Enrolling Clerk of the Senate, six dollars each, per day. To the Clerk of the Committee of Finance, one hundred dollars. To the Clerk of the Committee on the State of the Republic, one hundred dollars. To the Clerk of the Committee on Public Education and Free Schools, one hundred dollars. To the Clerk of the Committee on Agriculture and Internal Improvement, one hundred dollars. To the Clerk of the Judiciary Committee, one hundred dollars. To the Messengers and Door Keepers of the Legislature, five dollars each, per day, during the present session. To Henry Darnell, the sum of one hundred and twenty-five dollars for scouring and taking care of the Senate and Representative Chambers, and making fires on wet days. To Otis Childs, the sum of one hundred dollars for winding up the clock, keeping it in repair, and for keeping clean the stair cases; and for sweeping out the gutters of the State House, twenty-five dollars. To the Clerk of the Committee on the Military, one hundred dollars. To the Clerk of the Joint Standing Committee on Banks, one hundred dollars. And to the Inspectors of the Penitentiary, not exceeding three, two hundred and fifty dollars each, per annum. To the Clerk of the Committee on the Penitentiary, one hundred dollars.
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And be it further enacted , That the sum of six thousand dollars, which was requested by his Excellency the Governor, for the purpose of paying off the guard of twenty men, who served in the several South-Western Counties of this State, be, and the same is hereby appropriated. The sum of twelve hundred and thirty-two dollars, to pay the salaries due the Inspectors of the Penitentiary, for the years eighteen hundred and thirty-five and eighteen hundred and thirty-six. And be it further enacted , That the sum of thirty dollars, be appropriated for the payment of Samuel Braswell, for his expenses and trouble, in bringing to justice, Dennis Adams. And be it further enacted , That the sum of two thousand dollars, be appropriated to pay the Principal Keeper of the Penitentiary, as there is no Penitentiary fund for that purpose. And that the sum of five dollars per volume, for as many copies of the second edition of Prince's Digest, as the Governor may think it necessary to take, for the use of the State. And be it further enacted , That the sum of sixty thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated to defray the expenses of the survey and location of a Rail Road communication, from the Tennessee line, near the Tennessee River, to some point on the Chattahoochee River. And be it further enacted , That the sum of six hundred dollars, be, and the same is hereby appropriated to compensate William W. Holt, Joseph Cumming and James H. Cooper, Esquires, for services rendered as Commissioners of the State, at a late meeting of the stockholders of the Darien Bank, and that the Governor, be, and he is hereby authorized to draw his warrant upon the Treasurer, for two hundred dollars in favor of each of said Commissioners. And that an additional sum of fifteen thousand dollars, over and above the sum of fifteen thousand dollars appropriated by the last Legislature, for the same purpose, be, and the same is hereby appropriated for the purpose of building a Government House and the appurtenances thereunto. And the further sum of fifteen hundred and thirty dollars to Tucker, Marlow, Co. for balance due for work heretofore done on the State House. And that the further sum of three thousand dollars be appropriated for the erection of Porticos to the State House, and
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the payment of unliquidated accounts for work already done. And be it further enacted , That the sum of seven hundred and fifty dollars each, be allowed the Secretary of State and Surveyor General, for Clerk hire. And the sum of six dollars per day, be, and the same are hereby appropriated to each of the three assistant Clerks, who have been employed by the Secretary of State and the Surveyor General, agreeable to joint resolution of both houses. Also, the sum of four thousand, to erect a house for the residence of the Keeper of the Penitentiary. And be it further enacted , that the Governor be, and he is hereby authorized to draw his warrant on the Treasury, in favour of James Holland, Jailor of Muscogee county, for the sum of two thousand and fifty-one dollars and forty-one cents, for receiving, keeping, feeding and guarding certain Creek Indians, confined in said jail, by order of the Commander-in-Chief of the Georgia forces. And be it further enacted , That the sum of two thousand three hundred and thirty-eight dollars and sixteen cents, to John C. Rogers, Administrator on the estate of Joel Rushin, And the sum of sixteen hundred and thirty-seven dollars and twenty-five cents, to William Moore, And the sum of two hundred dollars to the legal representatives of Allen Dormon, agreeable to a resolution of this house. And be it further enacted , That the sum of one thousand dollars be paid Charlotte Harrison, agreeable to a resolution of this house, for a negro man, which was executed for an offence of which he was not guilty. To the Comptroller General and Treasurer, for Clerk hire, during the present session, in their respective departments, the sum of four dollars each, per day. And be it further enacted , That the sum of six hundred and thirty dollars be, and the same is hereby appropriated to Myron Bartlett, for fractions 333 and 334, in the 16th district of Henry county, which were sold by the State to Zachariah Lamar, and afterwards, by the said Lamar to Benjamin Jordan, and by the said Jordan to Myron Bartlett, and which said fractions were afterwards re-sold by the State, as forfeited fractions, when, in fact, they were not forfeited, but regularly paid for, by the first purchasers aforesaid, in terms of the law. To Augustus W. Law and William Barkley, of the county of Jasper, one hundred dollars each, in full compensation for
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the amount of a verdict obtained against them for attornies fees and other necessary expenses incurred by them in defending suits in Jones and Monroe Superior Courts, as commissioners for opening the Ocmulgee River, for the free passage of fish. And be it further enacted by the authority aforesaid , For the purpose of meeting the appropriations and defraying the expenses of Government, for the political year, one thousand eight hundred and thirty-seven, the President 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 the Governorand 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 and Comptroller General, and by the Treasurer entered upon the President and Directors receipts. And be it further enacted , That the sum of ten thousand dollars be, and the same is hereby appropriated and set apart, as a fund for the removal of obstructions from logs, c. in the Oconee River, below Milledgeville, which sum may be drawn by application of Faris Carter, George L. Deming, Thomas B. Stubbs, Horace R. Ward and Nathan McGehee, or a majority of them to the Governor, who shall, upon such written application, draw his warrant upon the Treasury for said sum of money, out of any monies therein, not otherwise appropriated; and the said five persons before named, shall be, and they are hereby appointed commissioners for the disbursement of said sum of money. And the sum of three thousand dollars be, and the same is hereby appropriated for the purpose of inclosing the State House Square, by a neat and durable fence, under the direction of the Governor. And be it further enacted , That the sum of five thousand dollars be, and the same is hereby appropriated for the purpose of improving the road from the line of North Carolina, in the Tennessee Valley; on through the Rabun Gap; on by way of Clayton; thence, on by way of the bridge on Tallula river, near Crane's ford, in Rabun county; thence, on to Clarksville; and that William Gallispie, James Blukly and Edward Coffee, of the county of Rabun, and Peter Ray and Absalom Holcombe, of the county of Habersham, be, and they are hereby appointed commissioners for the superintendence of
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the same, with full power and authority to contract and superintend the improving the said road and putting it in good order, whose duty it shall be, before they enter on the discharge of said duties, to enter into bonds with good and sufficient security to his Excellency the Governor, for the faithful application of said fund upon said road, and for the faithful performance of their duties as aforesaid, which bond shall be taken and approved of by the Justices of the Inferior court of the county of Rabun; and it shall be the duty of the Governor, upon the receipt of each bond, to issue his warrant in favor of the said commissioners for the said sum of five thousand dollars. And be it further eracted by the authority aforesaid , That the sum of eleven hundred and thirty dollars and ninety-eight and three-fourth cents, be, and the same is hereby appropriated out of any monies not otherwise appropriated, to defray the expenses incurred, in suppressing the small-pox, in the counties of Troup and Heard, And for compensating John Nailor, for arresting the celebrated Indian cutlaw George Took, in pursuance of resolutions which have passed both branches of the General Assembly. And be it further enacted , That the sum of eight hundred and twenty-eight dollars and sixty-seven cents, be, and the same is hereby appropriated to pay the claim of Wiley Williams against the State agreeable to a resolution of this House. And be it further enacted , That the sum of four thousand and seventy-eight dollars and fifteen cents, for expenses for hospitals in and near Columbus, and four thousand dollars be, and the same is hereby appropriated to the Justices of the Inferior Court of Muscogee county, for defraying the expenses incurred in arresting the spread of small-pox in the town of Columbus and county of Muscogee. And that the further sum of one thousand and fifty-nine dollars and seventy-five cents, be, and the same is hereby appropriated to the Justices of the Inferior Court of the county of Talbot, to defray the expenses incurred in arresting the spread of the small-pox, in the county of Talbot. And be it further enacted , That the sum of twelve hundred dollars, be, and the same is hereby appropriated to the Justices of the Inferior Court of Upson county, to defray the expenses by them incurred in arresting the small-pox in said county. And the sum of sixty dollars, be appropriated to the Justices
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of the Inferior Court of the county of Harris, to defray the expenses of arresting the spread of the small-pox, in the county of Harris. And be it further enacted , That the sum of five hundred and forty-eight dollars and thirteen cents, be, and the same is hereby appropriated to re-imburse the Corporation of Milledgeville, for expenses incurred by it in its suppression of the small-pox, the said sum being a balance which remains unpaid by the Executive. To the Justices of the Inferior Court of Laurens county, the sum of one hundred dollars, for arresting the small-pox in that county. And the further sum of six hundred dollars to Samuel Farish, as an indemnity for the amount paid out by him, for the apprehension of two Indians who murdered a white family in Walker county, which was offered as a reward by him upon his own individual responsibility, the emergency being so great, as not to allow time to apply to the Executive. Also, to John Brewster, Surveyor General, for recording two hundred and sixty-two head right plats, ungranted, in obedience to the Act of eighteen hundred and thirty-five, at thirty-one and a quarter cents eacheighty-one dollars and eighty-seven and a half cents. And be it further enacted , That the salary of the office of Governor, shall be four thousand dollars, annually, after the expiration of the present term of office. And the sum of ten thousand dollars, for the purpose of a Geological Survey of this State, according to a resolution of the Senate. And be it further enacted , That the sum of twenty thousand dollars, be and the same is hereby appropriated, in addition to the appropriation of the last session, for the improvement of the navigation of the Chattahoochee River, from the Florida line to the city of Columbus, and for the purpose of removing shoals and obstructions in the same; and that the same shall be expended under, the superintendence of one commissioner to be appointed by his Excellency the Governor, which commissioner shall receive out of this appropriation, for his services so rendered, such compensation as his Excellency shall consider reasonable and just. And be it further enacted , That the said commissioner shall let out said improvement by contract, and may or shall provide to pay to said contractor, the amount agreed on, in four instalments,
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to wit: one-fourth when the work is commenced; onefourth in three months thereafter; and the remainder when the work is completed: Provided , the said contractor or undertaker shall, on receiving the first payment, give bond and security, payable to his Excellency the Governor, for the faithful performance of said work. And be it further enacted , That it shall be the duty of said commissioner, to report his actings and doings from time to time, to his Excellency the Governor, shewing the progress of said work; and also it shall be the duty of his Excellency, the Governor, to report to the next Legislature, all the information received from said commissioner relative to the progress of said work. And be it further enacted by the authority aforesaid , That the Governor shall be authorised to draw his warrant on the Treasurer for the sum of two hundred dollars, in favor of the Justices of the Inferior Court of the county of Walker, that being the amount paid by them for the guarding the Jail of said county, for the safe confinement of Cherokee Indians, whilst confined in Jail, for capital offences against this State. And be it further enacted by the authority aforesaid , That the sum of four hundred and seven dollars, be appropriated to pay Patrick L. Robinson. The sum of four hundred and eighty-eight dollars to pay John A. Cuthbert, for record books of surveys, printed by them, for the office of the Surveyor General. And be it further enacted by the authority aforesaid , That the additional sum of one dollar per day, be paid to William B. Cone, as additional pay for his services whilst he shall be employed as recording clerk to the Senate. And one dollar per day, to Jesse C. Farrar, in addition to his pay as the engrossing Clerk, to engross the Journals of the House of Representatives. And be it further enacted , The sum of $1,500, be appropriated to the navigation of the Ich-a-way-notch-i-way, in Baker county, under the same rule and restrictions as the bill appropriating money for the navigation of the Chattahoochee river, and that James Loflen, John W. Holmes, Benjamin Johnson, Sea. Nathaniel Jordan and Lewis Timmons be appointed Commissioners of the same. And be it further enacted , That the directors of the Central Bank, be authorized to pay off the amount by this act
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appropriated, with the Bills of the said Central Bank, or with the Bills of any other specie paying Banks. And be it further enacted , That five thousand dollars, be, and the same is hereby appropriated for the improvement of the river Altamaha: Provided , not more than five thousand dollars, shall be drawn from the Treasury in any one year. And be it further enacted , That D. C. Haws, George L. Rogers and John T. Sharp, be, and they are hereby appointed commissioners of the river Altamaha, and shall report annually, their acts and doings on said river, to the Comptroller General; and the said Comptroller shall allow them a reasonable compensation for their trouble; and in case of vacancy of either of said commissioners, his Excellency the Governor, shall appoint some person or persons to fill said vacancy or vacancies. And be it further enacted , That twelve hundred dollars be appropriated to the improvement of the Great Ogeechee river. And be it further enacted , That six thousand dollars, be, and the same is hereby appropriated for the improvement of the river Ohoopy and Canouchee; and said sum of money be equally divided between the rivers aforesaid, for the improvement of the same: Provided , not more than one half of the aforesaid sum shall be drawn from the Treasury in any one year. And be it further enacted , That Wade W. Coleman, Benjamin Stripland and Henry Strickland, be, and they are hereby appointed commissioners of the river Ohoopy; and Joseph Tillman, Nathan Benton, Sen. and William Johnson, be, and they are hereby appointed commissioners of the river Canouchy, and shall report annually, their acts and doings on said rivers, to the Comptroller General, and the said Comptroller shall allow them a reasonable compensation for their trouble; and in case of vacancy of either of said commissioners, his Excellency the Governor, shall appoint some person or persons to fill said vacancy or vacancies. And be it further enacted , That the unexpended balance of appropriations heretofore made for the improvement of the navigation of Savannah river, between the city of Augusta and town of Petersburg, be paid over, by his Excellency the Governor, to Enos Tait, of Elbert, James Jennings, of Lincoln; and Humphrey Evans, of Columbia county, as commissioners, who are hereby required to appoint some suitable and competent person to superintend and cause to be removed, all
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obstructions to the navigation of said stream, between the city and town aforesaid; for whose services they shall pay a sum, not exceeding four dollars per day, and that the said commissioners receive out of said fund, for their service, when actually engaged in the duties herein required, the sum of two dollars per day each; and that they report fully the expenditures so made, to the next General Assembly, through his Excellency the Governor. And be it further enacted , That the appropriation made by the last Legislature, in the tenth section of the appropriation act, to H. G. McFarland, be paid to Sanders G. McFarland, he having been meant thereby, but his name erroneously written. And be it further enacted , That two hundred dollars, in addition to what is now allowed by law, to be paid quarterly, to the Military Store Keeper, at Milledgeville, in addition to his salary now allowed by law. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 26, 1836. ASYLUM. AN ACT, To amend an act, entitled an act, to authorize the Justices of the Inferior Court of Columbia county, to 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 aforesaid , That so soon as the Justices of the Inferior Court, of the county aforesaid, shall have, at their disposal, sufficient funds and deem the measure expedient; they shall be, and are hereby authorized to appoint three suitable and discreet persons of said county, who shall be denominated and styled the directors of the poor house of said county.
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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 Court, the following oath: I, A. B. do solemnly swear, that I will, according to the best of my skill and ability, manage, and so direct the affairs of the 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 Court, of all expenses included in conducting the affairs of said institution, So help me God;which oath shall be entered upon the minutes of the Court. Sec. 3. And be it further enacted , That the directors aforesaid, shall be appointed annually, and a majority of them shall be competent to the transaction of business; and should either of them fail or refuse to do their duty as directors aforesaid, the Inferior Court shall have power to remove them, and appoint others in their place. Sec. 4. And be it further enacted , That the said directors when thus appointed and qualified, shall immediately proceed, under the instructions of the Inferior Court, to purchase a suitable tract of land, for the use and occupation of the invalid poor, of said county, contract for the erection of suitable buildings thereon, and make every other provision, which, to them, may appear necessary to an economical and comfortable support of such invalid poor. Sec. 5. And be it 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 Court 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
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institution the preceding year; at which time the Inferior Court shall order an appropriation to be made in favor 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 Court, but no part of this act shall be so construed as to prevent said Justices from making any appropriations, at any time, in order to aid and facilitate the operations of said institution, or in favor of any poor persons, where they shall consider it more conducive to the interests of the county, or more congenial with the feelings of humanity to keep them in any other part of said county. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 29, 1836. ATTORNEYS. AN ACT, To authorise James Monroe Mitchel and Pearce L. Lewis, of the county of Muscogee; William G. Smith, of Jones county, and Thomas F. Jones, of Newton county; to plead and practice in the several Courts of Law and Equity in this State, on certain conditions therein expressed. Be it enacted by the Senate and 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, James Monroe Mitchell and Pearce L. Lewis of Muscogee county; William G. Smith of Jones county, and Thomas F. Jones of Newton county, be, and they are hereby authorised and permitted to plead and
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practice, as Attornies, Counsellors and Solicitors, in the several Courts of Law and Equity in this State: Provided , That they shall undergo an approved examination before some Superior Court of Georgia, according to the law and rules prescribed in such cases. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24, 1836. ATTACHMENTS. AN ACT, To amend the several acts regulating attachments in this State, and to regulate proceedings in certain cases where the plaintiff shall die after rendition of Judgment. 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, in all cases where attachments may issue, under the laws of force, it shall and may be lawful for the same to issue upon the oath of the creditor, or his agent or attorney in fact or at law, by swearing, to the best of his belief, from the evidence in his possession, and the said agent or attorney in fact or at law shall be, and is hereby authorized to execute, in the name of the creditor, the bond now required by law. Sec. 2. And be it further enacted , That in all cases where any property levied on by an attachment shall be claimed, such claimant or claimants shall give bond, with security in double the value of the property claimed, to be estimated by the officer making the levy, and the claimant shall be entitled to the possession of such property so claimed, upon giving to the officer levying the attachment, bond with good security in the sum aforesaid, payable to the plaintiff, for the forthcoming of such property at the time and place; Provided , the same be found subject to the attachment, and if the property shall not be produced
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the plaintiff or plaintiffs, his, her, or their executors or administrators may recover on said bond the amount of the judgment obtained on such attachment including principal, interest and cost, together with all interest and cost accruing after the rendition of judgment: Provided, always , that no recovery shall be for more than half of the amount of such bond with interest thereon from the date of the levy. Sec. 3. And be it further enacted , That all attachments hereafter issued returnable to either the Superior or Inferior Courts of the State, shall be directed to all and singular the sheriffs and constables of this State, that an original attachment and copy shall issue, if the plaintiff or plaintiffs shall desire, for any other county or counties besides the one in which the first original attachment shall be issued, and when a levy or levies shall be made by virtue thereof, the copy attachments shall be returned to the court to which the first original may be returnable, and such other original shall be returned to the like court in the county in which the levy may be made, and such proceedings shall be had in said court against the property levied upon, or any garnishee, as if the first original attachment had been returned thereto. Sec. 4. Be it further enacted , That judgment on attachment shall bind no other property than that attached, nor shall the person or property of the defendant other than that attached be liable to payment of such judgment, unless the defendant shall come in terms of the law, and be made a party to such attachment: Provided , also, in all such cases of attachments, when the defendants shall return to the county where said attachments are proceeding, and ten days notice being given to the defendants, personally, by the plaintiff, his attorney, or any legal officer, of the proceedings on said attachments, previous to final judgment on the same, and in all such cases of attachments, when notice shall have been given, and the defendant or defendants shall refuse or fail to appear and defend said suit or suits, personally or by attorney; then, in all such cases of attachments, the judgments on the same shall not only bind the property attached, but all the property of such defendant or defendants. Sec. 5. And be it further enacted , That in all cases of levy, by virtue of process of attachment, the officer levying the same, shall, under the same rules, regulations and restrictions, reserve and exempt from levy and sale, like articles as are now, by the laws of the State, exempted under fi. fa. for the benefit of
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debtors families, any usage, custom, or practice, to the contrary, notwithstanding: Provided , that such debtor's family shall not have absconded or removed beyond the limits of the county where such debtor, or his family may usually have resided. Sec. 6. And be it further enacted , That in all cases where any claim shall be interposed for property levied on by virtue of a fiera facias, from any of the courts of this State, and pending such claim, the plaintiff shall die, it shall and may be lawful for the executor or executors, administrator or administrators of such deceased plaintiff, upon motion, in the court where such claim is pending, to be made parties, instanter, and the said case shall proceed without further delay: Provided , the said executors or administrators shall produce in court, their letters testamentary or of administration; and, provided , they shall give to the claimant, or his attorney, twenty days notice of the said intended application to make such parties. And provided always, in such cases, where there are more than one plaintiff, the cause shall proceed in the name of the survivor, and this act shall not be applicable, except when the last surviving plaintiff shall die while such claim is pending. Sec. 7. And be it further enacted , That all laws and parts of laws militating againt 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. 29, 1836. AUDITION OF ACCOUNTS. AN ACT, To regulate the auditing and payment of Accounts against 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 from and after the passing of this act, all accounts exhibited against this State, shall be audited by the Comptroller General, and certified by him to be correct.
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Sec. 2. Be it further enacted c. That when accounts, so audited and certified by the Comptroller General, shall be presented to the Governor, it shall be his duty to order the same to be paid, by a warrant on the Treasury: Provided , that the Governor shall have the right, in any particular case, to withhold his approval of any account certified and approved by the Comptroller General. Sec. 3. 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. 26, 1836. BANKS AN ACT, To amend an act entitled An Act, to incorporate a Banking Company, in the city of Augusta, passed on the twenty-first day of December, in the year eighteen hundred and thirty. 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 Mechanics' Bank, which is in the city of Augusta, or as many as may represent a majority of the stock of said Bank, be, and they are hereby authorized, at a meeting of the stockholders of said Bank, to be called after the passage of this act, in pursuance of the fifth rule prescribed in said act of incorporation, be, and they are hereby authorized, to increase the capital stock of said Bank, to the sum of one million of dollars. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836.
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AN ACT, To incorporate the Bank of Brunswick, with banking privileges, to be located at Brunswick. Sec. 1st. Be it enacted by the Senate and 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, William B. Stockton, Isaac Abrahams, Thomas Dover, A. Delaroche, George March, James Fort, Stephen C. King, Urbanus Dart, R. J. Berrie and Henry Gigniliat, and such persons as they may procure, to take stock under this act, and their assigns, shall hereafter be a body corporate and politic, by the name and style of the Bank of Brunswick, with banking powers and privileges, located at Brunswick, and so shall continue, until the first day of January, eighteen hundred and sixty-six; and by the same corporate name, shall be, and are hereby made capable and able 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; 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 and renew, at their pleasure; and also, to elect a Board of Directors, whose duty it shall be, to elect a President, and other officers; 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: 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: Provided, also , that said corporation shall not purchase and hold more real estate, than shall be necessary and proper, for its needful buildings, 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. 2d. And be it further enacted , That the capital stock of the company, shall consist of two hundred thousand dollars, in shares of one hundred dollars each, and that the said company be formed on that capital; but as soon as the Brunswick and Altamaha Canal shall be completed and in full use, the capital stock may be increased to one million of dollars; and
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as soon as the Brunswick and Florida Rail Road shall be completed, from Brunswick to the Apalachicola river, the capital stock of said company may be increased to, and consist of three millions, in shares of one hundred dollars each. Sec. 3. 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 such 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 at least three of the public gazettes of this State, at or nearest to Brunswick. Sec. 4. The number of votes to which each stockholder shall be entitled to, shall be according to the number of shares he shall hold in the following proportionthat is to say, for one share, one vote; for two shares and not exceeding five, two votes; and for every five shares above five, one vote: Provided , no person, corporation, or body politic, shall be entitled, in his, her, or their own right, to more than thirty votes; and after the first election, no share or shares shall confer a right of suffrage, which shall not have been holden three calendar months, previous to the day of election. Sec. 5. And be it further enacted , That any number of stockholders, who shall together, be the owners of a majority of the stock of said company, 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 three of the public gazettes at, or nearest to Brunswick, specifying in such notice, the object of such meeting. Sec. 6. 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 by their Cashier, and which shall be transferrable 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, her, or their stock, until all debts due said Bank by such stockholder shall be paid, unless by consent of the Directors entered upon their minutes.
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Sec. 7. And be it further enacted , That all amounts of stock subscribed for, shall be paid in specie at the time of subscribing, and that the said corporation shall not, at any time, suspend or refuse payment in gold or 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 contract, promise or understanding, therein expressed, the charter hereby granted shall be forfeited: Provided , however, that whenever a demand shall be made on this Bank, by any Bank or Branch Bank, by itself or its agent, this Bank shall have the right of redeeming the Bills thus demanded, with the bills of the Bank or its Branches making the demand. Sec. 8th. And be it further enacted , That the said Bank of Brunswick, with banking privileges, shall be permitted, and is 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 total amount of debts, which the said corporation shall at any time owe, whether by bond, bill or note, or other contract, shall not exceed three times the amount of the capital stock actually paid in. Sec. 9th. And be it further enacted , That the persons and property of the stockholders, in the Bank of Brunswick with banking privileges, shall, at all times be pledged and bound in proportion to the number of dollars issued upon each of the shares that each individual or company hold, possess, are interested in, or entitled to, in the said Bank of Brunswick, for the payment and discharge of the debts or contracts of said Bank, or for the ultimate redemption of all notes and bills issued, or that may be hereafter issued by, and from the said Bank of Brunswick with banking powers and privileges, in the same manner, as in simple actions of debt, or common commercial cases. Sec. 10th. And be it further enacted , That the United States Bank, now located in Pennsylvania, shall hold no stock in said company. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 27, 1836.
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AN ACT, To alter and amend the twenty-first section of an act, to establish a Bank at Milledgeville, to be called and known by the name and style of the Central Bank of Georgia, c. passed, 22d December, eighteen hundred and twenty-eight, so far as to require notes running and payable at said Bank, to be renewed once in every twelve months, instead of once in six months, as is by said act now required. 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, that on all accommodation notes, running and payable at said Bank, the makers thereof, shall, when the same become due, renew their notes once in twelve months thereafter, and on all accommodation, payable and hereafter discounted at said Bank, the makers thereof shall renew their notes once in twelve months at least, after the date of said notes, under the same rules and regulations as are by said act prescribed for the renewal of notes in said Bank. Sec. 2d. Be it further enacted by the authority aforesaid , That so much of said twenty-first section of said act, as requires makers of notes running at said Bank, to renew the same once in six months, be, and the same is hereby repealed: Provided , however, that this act is not to be so construed, that makers of notes now payable and running at said Bank, shall not be required to renew their notes at the expiration of six months from their date. Sec. 3d. And be it further enacted , That all 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, Dec. 22, 1836. AN ACT, To incorporate a Bank in the city of Macon, to be called the Ocmulgee Bank of the State of Georgia. Whereas, a number of persons in Macon and its vicinity, interested in the welfare of that place, have capital which they
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are desirous of employing in facilitating its business, advancing its interest, and lessening its dependence on the Banks of other places, by whose orders, discounts are controlled, and often stopped, when they are most wanted and needed, in order to purchase the produce brought to this market. Sec. 1st. 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 a Bank shall be established in the city of Macon, to be called and known as The Ocmulgee Bank of the State of Georgia, and that the capital stock of said Bank, shall be five hundred thousand dollars, divided into five thousand shares of one hundred dollars each. Sec. 2d. And be it enacted by the authority aforesaid , That books of subscription for constituting the capital stock of said Bank, shall be opened on the first Monday in February next, at the city of Macon, under the superintendence of W. B. Parker, E. Hamilton, C. Day, O. Gregory, Levi Eckley, J. Goddard, H. G. Lamar and C. Campbell, who shall be commissioners, and they are hereby appointed commissioners, for three thousand shares of said capital stock. In the town of Forsyth, under the superintendence of A. M. D. King, H. H. Lumpkin, Josse Dunn, who shall be commissioners for receiving subscriptions for five hundred shares of said capital stock. In the town of Thomaston, under the superintendence of Messrs. Barber, Goode, Bethel, Preston E. Bowdre, Fleming Jordan, who shall be commissioners for receiving subscriptions for three hundred shares of said capital stock. In the town of Perry, under the superintendence of Messrs. Patton, Dean, Duncan, who shall be commissioners for receiving subscriptions for two hundred shares of said capital stock. In the town of Clinton, under the superintendence of A. H. Flewellin, S. Lowther, S. Griswold, who shall be commissioners for receiving subscriptions for three hundred shares of said capital stock. In the town of Hawkinsville, under the superintendence of John Rawls, G. R. Roberts, J. Jelks, who shall be commissioners for receiving subscriptions for two hundred shares of said capital stock. In the town of Marion, under the superintendence of H. Solomon, H. Bunn, H. H. Tarver, who shall be commissioners for receiving subscriptions for two hundred shares of said capital stock.
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In the town of Monticello, under the superintendence of D. A. Reese, Alfred Shorter, Thomas Jordan, who shall be commissioners for receiving subscriptions for three hundred shares of said capital stock. A majority of whom shall be competent to the discharge of their duties, and the books of subscription shall be kept open for the space of six days, between and during the hours of ten o'clock, A. M. and one o'clock, P. M. of each day, at such house, room, or office, as a majority of commissioners shall appoint in each place, unless the number of shares allotted to each place, be sooner subscribed for, (in which case, the books may be closed as soon as the shares in each place may be all taken) during which time, it may be lawful for any person or copartnership, corporation, or body politic, established in this State, to subscribe for any number of shares, not excceding one hundred. And after the expiration of the time herein provided, the commissioners in the several towns herein mentioned, where books have been opened for the subscription of said capital stock, shall transmit the same, together with the sums paid in at the time of subscription, as hereinafter provided for, to the commissioners at Macon: Provided also , that if the whole number of shares be not taken up at the several places mentioned, within the space of six days, as before mentioned, then, and in that case, the before mentioned commissioners, at the city of Macon, shall again open their books of subscription, on the third Monday in February next, 1837, and to remain open, until all the remaining shares of the capital stock of said Bank, shall be subscribed for; when it shall and may be lawful for any person, copartnership, corporation, or body politic, established in this State, (Banks excepted) to subscribe for any number of shares, unsubscribed for, as aforesaid; and the sums thus respectively subscribed for, shall be payable in gold or silver coin, or in current bank bills of any or either of the Banks or their Branches, now established in Macon, Milledgeville, Augusta, or Savannah, in the manner following, to wit: Five per cent shall be paid to the commissioners, at the time of subscribing for said stock, for which, said commissioners shall give a certificate; and twenty-five per cent, at such time as the commissioners at Macon, shall notify, as hereinafter provided; and the remaining seventy per cent, at such times and in such sums, as the Directors of said Bank, for the time being, shall, by sixty days notice, given in the public gazettes of Macon, Milledgeville, Augusta and Savannah, appointed for that
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purpose: Provided , that no payment shall be called for, in the months of June, July, August and September, of any year:- And provided, also , that nothing herein contained, shall be so construed, as to cause, or permit the promisory notes, drafts, bills of exchange, checks on any bank, or any other obligation whatever, of any subscribers to said capital stock, to be received as equivalent to the notes or bills of the Banks before mentioned: And provided further , That when all the shares constituting said capital stock, shall have been subscribed for, and five per cent paid in, at the time of subscribing as aforesaid, then it shall be the duty of the commissioners at Macon, to give public notice thereof, in the gazettes of Macon, Milledgeville, Augusta, and Savannah, and at the same time, in each of the gazettes aforesaid, in like manner notify a place within the city of Macon, and likewise a day and hour at the distance of thirty or more days from the date of such notification, for all the subscribers to said capital stock, to pay in an additional twenty-five per cent on the shares so subscribed, and for proceeding to the election of Directors; and it shall be lawful for elections then and there to take place, and the persons who shall be then and there chosen, shall be the first Directors, and shall receive from the commissioners, the money which may have been received by them, and it shall be the duty of said commissioners to pay over to said Directors, all such sum or sums of money received by them, on account of said subscription, after deducting the amount of expense they may have incurred in managing the same. And the aforesaid Directors, first chosen in the manner, and at the time notified as before mentioned, shall be capable of acting by virtue of such choice, until the end or expiration of the first Monday in November next, ensuing said election, and shall forthwith commence the operation of said Bank, in the city of Macon: And provided further , That in case it should at any time happen, that an election of Directors should not be made on any day, when pursuant to this act, hereinafter provided, it ought to have been made, the said corporation shall not, for that cause, be deemed to be dissolved; but it shall be lawful on any other day within the space of three months thereafter, of which public notice shall be given in the public gazettes of Macon, to hold and make an election of Directors in such manner as is hereinafter provided for, and as may be regulated by the rules and by-laws of the said corporation: Provided also , That in case of the removal, resignation, absence, or death of any Director, his place may be filled up for
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the remainder of the term for which he was elected, by the remaining Directors. Sec. 3rd. And be it enacted by the authority aforesaid , That if there shall be a failure in the payment of any sum or sums subscribed by any person, copartnership, corporation, or body politic, when the same is required to be paid by this act, or when it shall be required to be paid by the Directors of said Bank, the share or shares upon which such failure shall happen or accrue, shall be for such failure forfeited, and the sum or sums which may have been paid thereon, shall ensure to the benefit of said corporationand the share or shares so forfeited, shall be disposed of in such manner as the Directors or a majority of them may provide: Provided always, that public notice was always given in the public gazettes, as before mentioned. Sec. 4th. And be it further enacted , That all those who shall become subscribers to said Bank, their successors and assigns, shall be, and they are hereby declared, created, and constituted a corporation and body politic, by the name and style of the Ocmulgee Bank of the State of Georgia, and by that name shall be, and are hereby made able and capable in law, to have and to hold, purchase, receive, posses, enjoy, and retain to them and their successors, lands rents, hereditaments, goods, chattels, and effects, of whatever 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; defend and be defended in courts of record, or any other place whatsoever; and also to make, use, and have a common seal, and the same to break, alter and renew at their pleasure, and also to ordain, establish and put in execution, such by-laws, rules and regulations, as seem necessary and convenient for the government of said corporation: Provided , That such by-laws, rules, and regulations, be not contrary to the constitution and laws of the State, or of the United States, and generally, to do and execute all and singular, such matters and things, as to them may, or shall appertain; subject, nevertheless, to the regulations, restrictions, limitations and provisions, hereinafter prescribed. Sec. 5th. And be it enacted by the authority afore-said , That the following rules, regulations, limitations, and provisions, shall form and be fundamental articles of the constitution of said corporation.
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RULES. 1st. That for the good management and well ordering the affairs of the said corporation, seven directors shall be chosen, a majority of whom shall be competent to the discharge of their duties, who shall be first elected after thirty per cent of said capital stock shall have been paid in gold or silver coin, or in current notes of either of the banks of Macon, Milledgeville, Augusta, or Savannah, or of the branches of said Banks, in either of those places as before mentioned; and on the first Monday in November, in each and every year thereafter, the Directors shall be chosen by the stockholders, or proprietors of the capital stock of said corporation, when a plurality of votes given in, shall be required to make a choice, and those who shall be duly chosen at any such election, shall be capable of serving by virtue of such choice, until the end of the first Monday in November next ensuing the time of such election, or until a new board shall have been elected as herein before provided, and no longer And the said Directors at their first meeting after such election, shall choose one of their number as Presidnet; and in case of his removal, resignation, absence or death, the said Directors shall proceed to fill the vacancy by a new election from their body, for the remainder of the year: Provided , nothing herein contained, shall be so construed as to prevent such President from appointing any one of the other directors to be President pro tem , during his temporary absence of not more than three months: And provided further , That in case it should at any time happen, during the months of June, July, August, and September, that two or more Directors should be absent from the city of Macon, then, in that case, five Directors or a majority of them, shall be competent to do the business of said corporation, during the months before mentioned. 2nd. The number of votes to which each share holder shall be entitled, shall be in the following proportion:- That is to say, for one share, one vote; for two shares and not exceeding five, two votes; and for every five shares, above five, one vote: Provided , no person, corporation, or body politic, shall be entitled in his, her, or their own right, to more than thirty votes: Provided , that, after the first election, no share or shares shall confer a right of suffrage, that shall not have been holden and transferred on the books of the Bank, three calender months previously to the day of election, and be held absolutely and bona fide, in his or her own right, or in that of his wife, or
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as executor, administrator, or guardian, or in the right and use of some copartnership, corporation or body politic, of which he or she may be a member, and not in trust for, or to the use of any other person, to be declared upon oath, when required by the Cashier of the said corporation: Provided, also , that any stockholder, being absent, or unable, from any cause, to appear at the place of such election, may authorize, by power of attorney, under seal, any person to vote for him, her or them, and to which the above declaration upon oath shall, and may be attached, if required, as before mentioned. 3d. None but a stockholder, entitled in his own right, (which he shall declare upon, if required, as before mentioned) to fifty shares of said stock, and not being a Diirector of any other bank, shall be eligible as a Director; and if any one of the Directors of said corporation, shall, after being elected, become a Director of any other Bank, or accept of any appointment, or office, from any other Bank, or cease to be a stockholder, he shall be no longer fit to serve, and his seat shall be vacated, if the remaining directors, or a majority of them, shall, upon their next meeting, pass and enter upon their minute book, an order, declaring him no longer to be a Director. 4th. The Directors, for a time being, shall have power to appoint such officers and clerks, under them, as they shall deem necessary for the executing the business of said corporation: Provided , such officers and clerks, give bond and security, for the faithful performance of their duty, which shall be satisfactory to such Directors, or a majority of them, who shall make an entry on the minute book of said corporation, signifying their assent and approval of such officers and clerks, and their security accordingly. 5th. The Board of Directors, of whom the President, or President, pro tem . shall always be one, shall convene at the banking house of said corporation, at least once a week: Provided , that the bill or exchange business of the said corporation, may be transacted by a committee of Directors, on such days as there may be no meeting of the Board of Directors, who shall, at the next weekly meeting of Directors, ensuing, be bound to examine such business, and enter on the minute book or journal of said corporation, their approval or disapproval of the business so done by said committee. 6th. The lands, tenements and hereditaments, which it shall be lawful for the said corporation to hold, shall be only such as shall be requisite for its immediate accommodation in relation
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to the convenient transaction of its business, and such as have been bona fide mortgaged to it as security, or conveyed to it in satisfaction of debts, previously contracted, in the course of its business, or purchased upon sales upon judgments, which shall have been obtained for debts; and only to prevent sacrifice of such property so mortgaged or sold upon judgments. 7th. The total amount of the debts which said corporation shall at any time owe, whether by bond, bill, note, obligation, or other contract, shall not exceed three times the amount of their capital stock, over and above the amounts actually deposited with them for safe keeping; and in case of excess, the acting Board of Directors, or such of them as may be in the State at the time, under whose administration it shall happen, and the person who shall hold the office of Cashier, at the time of such excess, together with the securities, shall be liable for the same, in their individual, natural and private capacities, and the Board of Directors, the Cashier and his securities, acting as above, shall not exonerate themselves, or any of their heirs, executors, or administrators, in any court of record having jurisdiction over the same, from such liability, under any pretence whatsoever, other than by giving public notice of such fact, in the public gazettes of the city of Macon, or any other two gazettes of the State, so soon as such excess shall come within their knowledge, and in case of failure to give such public notice, this shall be so construed as to prevent said Directors and Cashier and his securities, from recovering out of the effects of the said corporation, until all its other creditors are paid off and their claims satisfied. 8th. The Directors shall have power to issue to the subscribers, their certificates of stock, in exchange for those granted by the commissioners, which shall be transferrable only on the books of the Bank, kept for that purpose, by personal entry of the stockholder, his, her or their legal representative or attorney, duly authorized by special power for that purpose. 9th. The bills obligatory and of credit, notes and other contracts, whatever, on behalf of said corporation, shall be binding and obligatory on said company, provided , the same be signed by the President and countersigned by the Cashier of said corporation, and the funds of said corporation shall be, in no case, held liable for any contract or engagement, whatever, unless the same shall be so signed and countersigned, or attested as aforesaid, except only checks on any other bank, in the United States, shall be binding, if signed by the Cashier only:
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and the books, papers, correspondence, and the funds and accounts of the company, 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. 10th. A number of stockholders, not less than ten, who shall be proprietors of not less than one thousand shares and upwards, of said stock, shall have power, and may, at any time, by giving sixty days notice in the public gazettes of Macon, Augusta and Savannah, call a meeting of the stockholders of said corporation. 11th. Dividends of the profits of the corporation, or so much thereof as shall be deemed expedient and proper, shall be declared and paid half yearly, (the first half year after the Bank shall have been in operation excepted) and the said dividends, shall, from time to time, be determined by a majority of the Directors, at a meeting to be held for that purpose, on the second Monday in April and November, of each year, and shall, in no case exceed the profits acquired by the corporation. 12th. The Directors shall keep fair and regular entries in a book to be provided for that purpose, called a minute book or journal of their proceedings, in which shall be entered a list of all notes, drafts or exchange discounted, together with the names of all the parties to such notes, drafts or exchanges discounted by the said Board of Directors, or the committee appointed by them; and also, the yeas and nays of the Directors voting on all questions whatsoever, and these minutes shall, at all times, be produced, when called for, by any meeting of Directors or stockholders, when convened according to the provisions of this act. 13th. No person, copartnership, or body politic whatever, shall be permitted to borrow money, or otherwise obtain any credit from said corporation upon the faith or pledge of his, her or their stock in said corporation, but shall be subjected to the same rules and regulations as are generally required from, and imposed upon other customers of said corporation; and should any of the corporation be indebted by note, draft, bill of exchange, or other obligations which shall be past due, under protest, or in suit, then, in that case, it shall be lawful for the Board of Directors, for the time being, to declare the stock or shares, belonging to such person forfeited to the Bank, to the amount he, she or they may be so indebted to the said corporation, as above. Sec. 6. And be it further enacted, by the authority aforesaid ,
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That all property, either real or personal, which this corporation may hereafter acquire or hold, shall be subject to a taxation, not exceeding the ratio of other taxable property in this State; and the corporation of the city of Macon, shall have power to tax any property, whether real or personal, held in the city of Macon, by said corporation, in the same ratio of taxation against the like property in said city; but shall not have power to levy a city tax on the capital stock of said corporation. Sec. 7 And be it further enacted , That the said corporation, shall not at any time, suspend or refuse payment, in gold or 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 note, bill, or obligation, issued by the corporation, according to the contract, promise, or understanding therein expressed, the charter hereby granted, shall be forfeited: Provided , however, that when a demand shall be made on this Bank by any Bank or Branch Bank, by itself or its agent, this Bank shall have the right of redeeming the Bills thus demanded, with the bills of the Bank or its Branches, making the demand. Sec. 8th. And be it further enacted by the authority aforesaid , That no notice or protest shall be necessary to charge any maker or makers, endorser or endorsers of any note, bill, or draft, or other obligation, discounted by said Bank, and in all suits commenced by said corporation, upon any note, bill, draft, or other obligation, upon which there shall be any endorser or endorsers, the maker or makers, together with the endorser or endorsers, 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. 9th. And be it enacted by the authority aforesaid , That the persons and property of the stockholders, for the time being, of said Bank, shall be pledged and bound, over and above the amount of said stock paid in, in proportion to the amount of the shares that each individual, copartnership, corporation, or body politic, may hold in said Bank, for the ultimate redemption of the bills or notes issued by, or from said Bank, in the same manner as in common commercial cases or simple cases of debt. Sec. 10th. And be it further enacted by the authority aforesaid , That this corporation shall continue until the first day of January, eighteen hundred and fifty-seven, and the Directors,
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immediately preceding the dissolution of said Bank, whenever it may happen, last appointed and acting, shall be bound to account to the company, for the just, proper and correct closing of its concerns, to all persons interested, according to their respective claims or interests; and the officers last acting in said Bank, shall be, after the dissolution of said Bank, bound to continue to act, in settling the affairs of said corporation, and in doing all things needful and necessary to be done for that purpose, during such time as the aforesaid last acting Directors may order. This they shall do, under penalty of forfeiting their bond, for the use of whoever may have claims, and sue for recovery. Sec. 11th. And be it further enacted , That in consideration of the granting of this charter, the corporation aforesaid shall be required to pay a bonus of twenty-five thousand dollars to the Trustees of the Georgia Female College, at Macon; five thousand dollars to be paid, on or before said Bank commences discounts, and the residue in annual instalments thereafter, of ten thousand dollars each. Nothing shall be so construed, as to authorize the Directors of this Bank, to proceed to banking, until twenty-five per cent of their capital stock is paid in, in specie. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836. AN ACT, To amend an act, entitled an act, To incorporate the Bank of Milledgeville, located at Milledgeville, with banking and insurance privileges, passed, 22d December, 1835, so far as to authorize the increase of the capital stock of said Bank, for the benefit of Oglethorpe University. Whereas, the friends of education, in this and other States, have united to establish Oglethorpe University, and have for this purpose contributed funds for its endowment, a part of which is now ready for investment, and other portions will be paid in a very short time.And whereas, at the present high price of stocks, the funds thus contributed, cannot be vested
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without paying a high premium to procure stock in any of the Banks of this State, by which the active means of the University will be very much curtailedto avoid which, as well as to secure to the University, the right to profitable stock, the Trustees of said University are desirous to procure an amendment of the Charter of the Bank of Milledgeville, authorizing an increase of the capital stock of said Bank, for the benefit of the University. 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 President and Directors of the Bank of Milledgeville, with the consent of the stockholders, shall be, and they are hereby authorized to increase from time to time, the capital stock of the Bank of Milledgeville, one thousand shares of one hundred dollars each, upon the application of the Board of Trustees of Oglethorpe University, or the Executive Committee of said Board, and to issue certificates of stock for every such increase, as heretofore provided by the Charter of said Bank, which certificates of stock thus granted, shall be placed upon the footing of certificates of stock heretofore issued by said Bank. Sec. 2. Be it further enacted , That all payments made, or which shall be required to be made upon the stock thus granted, shall be considered a part of the capital of said Bank, in like manner as the payments heretofore made upon the capital stock of said Bank, and the President and Directors shall be authorized to issue the notes of said Bank to the extent of three times the amount of the capital thus actually paid in. Be it further enacted , That all laws or 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, Dec. 24, 1836. AN ACT, To amend an act, establishing a Bank at Macon, known as the Commercial Bank. Whereas the sixth section of the Charter of the Commercial
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Bank, located at Macon, requires the election annually, of nine Directors, 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 stockholders of the Commercial Bank of Macon, shall annually elect five Directors for the management of said Bank, a majority of whom, shall be capable of transacting the business of the same, 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. 29, 1836. AN ACT, To incorporate a Banking Company, under the name of the Planters and Mechanics Bank of Columbus. Sec. 1st. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Hampton S. Smith, Seymore R. Bonner, John W. Campbell, Job T. Niles, Joseph Sturges, Walter T. Colquett, William W. Toney, Philip A. Clayton, Thomas Hoxey, John Warren, Dana Hungerford, John L. Lewis, Samuel A. Bailey, Petkin Richards, William P. Malone, Richard Jones, Augustus Grant, John woolfolk, E. S. Greenwood, Co., Bowdrie Rickards, Philo D. Woodruff, Jonathan A. Hudson, William P. M'Keen, Thomas Watson, Samuel R. Andrews, King Boring, John N. Copeland, Richard Hooper, Thomas Wood, John W. Lumpkin, J. J. Boswell, A. B. Ragan, T. R. Gold, F. C. M'Kinley, James N. Bethune, John R. Dawson, John Banks, W. B. Ector, Alexander Pope, Garnett Andrews, Robert A. Toombs, James Nolan, Lock Weems, Ira E. Smith, Stephen D. Heard, Pleasant Benning, Jacob M. Guerry, John B. Davis, George W. B. Towns John S. Wood, Alexander J. Robison, Green Ball and John R. Stanford, with all such persons as may hereafter become stockholders in said company, be, and they are hereby incorporated and made a body politic, by the name and style of the Planters and
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Mechanics Bank of Columbus; and shall continue until the first day of January, eighteen hundred and fifty-seven, 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, goods, chattels and effects of what kind, nature, or quality, whatsoever, and the same to sell, grant, demise, alien or dispose of; to sue and be sued; plead and be impleaded'; answer and be answered; defended and be defended against, in courts of record in this State; and also, to make, have, and use a common seal, and the same to break, alter and renew at their pleasure; and also, to ordain, establish and put in execution such by-laws, ordinances and resolutions, as shall seem necessary and convenient for the government of said corporation, not being contrary to the laws and constitution of this State, or the United States, and generally, to do, perform and execute, all and singular, such acts, matters and things, which, to them, it shall appertain to do, subject, nevertheless, to the rules, regulations, restrictions, limitations and provisions hereinafter prescribed and declared; but the said corporation shall own no real estate, except such as may be necessary for the erection of buildings for the use and accommodation of the Bank, or such as may be conveyed to it by mortgage, or otherwise, for the payment of the debts due to it; and in no instance shall the Bank be allowed to become the purchaser of any real estate under any mortgage due to the Bank. Sec. 2d. And be it further enacted , That the stock of the company shall consist of one million of dollars, in shares of one hundred dollars each, and the stockholders in said Bank are hereby required to pay twenty-five per cent on the amount of their capital stock, in specie, before the Board of Directors shall be permitted to issue their bank notes, and the remainder of their subscription, in such sums, and at such times, as the Board of Directors of said Bank shall requires Provided , ninety days notice of the requisition shall first be given in two public gazettes of Columbus, or in one gazette in Columbus and one in Milledgeville, as the Directors may think proper. Sec. 3d. And be it further enacted , That if there shall be a failure in the payment of any sum subscribed for, by any person, copartnership, or body politic, when the same is required to be paid by this act, the share or shares upon which such failure shall happen or accrue, shall be for such failure forfeited
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and may be again sold and disposed of in such manner as the Directors shall order and provide, and the proceeds from such sale, together with the sum or sums which may have been paid thereon, shall revert to the benefit of said corporation. Sec. 4th. And be it further enacted , That for the well ordering of the affairs of said corporation, there shall be seven Directors, who shall be elected as soon as the sum of two hundred and fifty thousand dollars in specie, shall have been paid in by the stockholders of the Bank, and the President, Directors and Cashier, are hereby expressly inhibited from the issuing of their bank notes, until they have officially and under oath, notified the Governor, that the provisions of this charter have been literally and strictly complied with; and in each and every year thereafter, the Directors shall be chosen by the stockholders on the first day of February, when a majority of votes given in shall be necessary to make a choice, and those who shall be duly chosen at any election, shall at their first meeting after each election, choose one of their own members as President, and in case of his death, resignation, or removal from this State, or from the Board of Directors, the said Directors shall proceed to fill the vacancy, by a new election for the remainder of the year: Provided , that the first election for Directors shall not take place before sixty days notice shall have been given in two or more newspapers printed at or near Columbus: And provided , that in case of death, resignation, absence from the State, or removal of a Director, his place may be filled until the ensuing annual election, by the remaining Directors: And provided further , that in case it should at any time 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 said corporation shall not on that account be deemed to be dissolved, but it shall on any other day, be lawful to hold and make an election of Directors, in such manner as shall have been ordained and regulated by the rules and by-laws of said corporation. Sec. 5th. And be it further enacted , That the Directors for the time being, shall have power to appoint such officers and clerks under them, as shall be necessary for executing the business of said corporation, and allow them such compensation respectively, as shall be reasonable for their services, and shall be capable of exercising such other powers and authorities for the well governing and ordering the affairs of said corporation, as to them shall appear conducive to the interest of the institution.
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Sec. 6th. And be it further enacted , That the following rules, regulations, limitations and provisions shall form, and be held fundamental articles of the constitution of said corporation. 1st. The number of votes to which each stockholder shall be entitled, shall be according to the number of shares he shall hold, each share to be entitled to one vote. 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; that is to sayfor one share, one vote; for two shares, and not exceeding five, two votes; for every five shares above five, one vote; but no number of shares shall entitle any one stockholder to more than sixty votes: Provided , that no share or shares shall confer the right of sufrage, which shall not have been holden at least three calendar months previously to the day of election, and unless it be holden absolutely and bona fide in his own right or in that of his wife, and for his, or her own benefit and use; 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, to vote for him her or them. 2d. None but a stockholder, entitled in his own right, to thirty shares, being a citizen of the State, and not a Director in any other Bank or Branch Bank, shall be eligible as a Director, and if any one of the Directors, after being elected, shall cease to be a stockholder, his seat shall thereupon become vacated and be so declared by the remaining Directors or a majority of them, by an order passed for that purpose at their next meeting. 3d. The stockholders shall make such compensation to the President as shall to them appear just and reasonable. 4th. The total amount of debts which the said corporation shall at any time owe, whether by bond, bill, note, or other security, shall not exceed three times the amount of their capital stock actually paid in, over and above the amount of specie actually deposited in the vaults for safe keeping. In case of excess, the Directors under whose administration it shall happen, shall be liable for the same, in their private and individual capacities, and may be sued for the same, in any court of record in the United States, by any creditor of the corporation, any condition, covenant, or agreement to the contrary notwithstanding;
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but this shall not be so construed as to exempt the said corporation, or the lands, tenements, goods and chattels, of the same, from being liable for, and chargeable with the said excess. Sec. 7th. 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 in evidence, nor shall it be lawful for such party or parties to require, by [Illegible Text] or other process, 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 that the evidence contained in said book, or the testimony of such officer should be had, it shall and may be lawful for either party to take out a commission in the usual manner, to examine said officers as to the contents of said books, or as to their own knowledge of the facts. Sec. 8th. And be it further enacted , That the bills obligatory and of credit, notes, and all other contracts whatever, on the behalf of said Bank, shall be binding and obligatory on said company: Provided , the same be signed by the President and countersigned by the Cashier of said corporation, and the funds of said corporation shall, in no case, be held liable for any contract or engagement whatever, unless the same shall be so signed and countersigned, or attested as aforesaid, 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 provision hereinafter inserted. Sec. 9th. The dividends of the profits of the corporation, which, in no case shall exceed the amount of the actual profits acquired, shall be determined by a majority of the Directors, and declared and paid half yearly, the first half year after the Bank goes into operation excepted. Sec. 10th. And be it further enacted , That the Directors shall keep fair and regular entries of their proceedings, in a book kept for that purpose, which shall be at all times subject to the inspection of the stockholders, when at a general meeting the same shall be required. Sec. 11th. And be it further enacted , That the persons and property of the stockholders shall be pledged and held bound in proportion to the amount of shares, and the value thereof, that each individual or company, may hold in said Bank, for
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the ultimate redemption of the bills or notes issued by said Bank, in the same manner, as in common actions of debt, and no stockholder shall be relieved from such liability by sale of his stock, until he shall have caused to have been given, sixty days notice in some public gazette of this State. Sec. 12th. And be it further enacted , That a number of stockholders, who together, shall be proprietors of fifteen hundred shares at least, shall have power to call a meeting at any time, of the stockholders, for purposes relative to the institution, first giving sixty days notice, in some public gazette of this State, specifying the object or objects of said meeting. Sec. 13th. And be it further enacted , That the Cashier of said Bank, before he enters on the duties of the office, shall give bond with two or more securities, satisfactory to the Directors, in a sum not less than thirty thousand dollars, with condition for his good behavior in said office, and the faithful discharge of his duties. Sec. 14th. And be it further enacted , That the Directors shall have power to issue to the stockholders of the Bank, certificates of the shares by them respectively held, and are authorized to open transfer books, by agents or otherwise, whenever they may deem it advisable. Sec. 15th. And be it further enacted , That no stockholder shall be permitted to borrow money, from said Bank, upon the faith or pledge of their stock, but shall be subject to the same rules and regulations in borrowing money therefrom, as any other customer of the institution. Sec. 16th. And be it further enacted , That in case of a failure of said Bank, all the stockholders who may have sold their stock at any time within six months prior to said failure, shall be liable in the same manner as if they had not sold their stock. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836. AN ACT. To Incorporate the Western Bank of Georgia, with Banking privileges, to be located at Rome. Sec. 1st. 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 a Bank shall be established and incorporated, to be called the Western Bank of Georgia, to be located at Rome in the country of Floyd, and so to continue, until the first of January one thousand eight hundred and sixty-seven, and by that name, shall be, and is hereby made capable in law, to have, purchase, receive and possess, 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; goods, chattels, and effects, of what kind soever; and the same to grant, alien, sell and convey; to sue and be sued, plead and be impleaded; answer and be answered unto; defend and be defended, in any court of law or equity in this State or elsewhere, having competent jurisdiction; to make, use, and have a common seal, and the same to break, alter or renew at their pleasureand to make or ordain such by-laws, rules and regulations, as they may deem expedient and necessary, to carry into effect, the object of the above institution: Provided , such by-laws, rules, and regulations, be not repugnant to the Constitution of this State, or of the United States. Sec. 2d. Be it further enacted , That the capital Stock of said Bank, shall be four hundred thousand dollars, to be divided into shares of one hundred dollars each; and that books of subscription for said Stock, shall be opened, on the first Monday of February next, at Cassville, under the superintendence of Z. B. Hargrove, R. S. Patton, and David Irwin, and they are hereby appointed, commissioners for receiving subscriptions for one thousand two hundred shares. In the town of Chatooga, Walker County, under the superintendence of John Caldwell, Spencer Marsh and E. G. Rogers, as commissioners for five hundred shares. In the town of Carrollton, under the superintendence of Sanford Kingsbury, Isaac E. Cobb, and T. B. Espy, as commissioners for five hundred shares. In Cedar Valley, in Paulding county, under the superintendence of T. Walthall, Asa Prior, and Peter Grinnel, as commissioners for two hundred shares. In Canton, Cherokee county, under the superintendence of Eli McConnell, William Gresham and M. McAfee, as commissioners for three hundred shares.
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In the town of Cumming, Forsyth county, under the superintendence of George Kellogg, Isaac Whorton and Oliver Strickland, as commissioners for three hundred shares. In the town of Rome, Floyd-county, under the superintendence of G. M. Lavinder, J. H. Lumpkin and Alford Shorter, as commissioners for one thousand shares. A majority of whom shall be competent to the discharge of such duty, and the books shall be kept open from 10 A. M. to 1 P. M. at such place, as a majority of such commissioners may agree on; and the sum, or shares, respectively subscribed for, shall be payable, in gold or silver coin, and that five per cent shall be paid to the commissioners, at the time of subscription, for said Stock, for which, said commissioners shall give a certificate, and the remainder, at such time, as the directors to be appointed, shall order: Provided , That when all the shares of said Stock, shall have been subscribed for, and the five per cent paid in, it shall be the duty of the commissioners at Cassville, to give public notice, in the Macon, Milledgeville and Georgia Pioneer papers, to the Stockholders, calling on them for the payment of twenty-five per cent more, and appointing a time and place, for the Stockholders to meet, for the payment of the said twenty-five per cent, and for the election of five or more Directors, which time shall not be in less than thirty days of such notice, and it shall be the duty of the said commissioners, to pay over to the Directors when chosen, the amount of money by them received, deducting expenses. Sec. 3d. And be it further enacted , That no individual stockholder, shall, in his own right, possess a number of shares, exceeding two hundred. Sec. 4th. And be it further enacted , That for the well ordering the affairs of said Bank, there shall be elected by the Stockholders, not less than five Directors, as soon as gold and silver coin, to the amount of fifty thousand dollars of the subscription for said stock, shall have been received, and said Directors, so elected, shall be capable to serve as such, until the first Monday in January of the year one thousand eight hundred and thirty-eight, on which day, and every year thereafter, on the same day, Directors shall be chosen by the owners and proprietors of the Stock of said Bank 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 each annual meeting thereafter, make choice of one of their own members as President, and in case of his death or resignation
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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 or neglect to elect Directors on the day prescribed and authorized by this act, the said corporation shall not for such omission 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 said corporation, and provided, that in case of the death, resignation or removal of any Directors from this State, his place shall be filled for the remainder of the year, by the remainder of the Directors. Sec. 5th. And be it further enacted , That if there should be a failure in the payment of any sum, or sums subscribed by any of the Stockholders, after the same is required by the Directors to be paid, the share or shares of stock upon which such failure occurs, shall, for such failure be 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, that may have been paid thereon, shall revert to, and belong to said corporation: Provided , sixty days notice of the time when such payment is required to be made, be given in two of the public gazettes of Milledgeville: And Provided , it shall not effect the rights of Orphans, who may not have a legal guardian or guardians, to represent their interest in said corporation. Sec. 6th. 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 said corporation, and shall allow them, together with the President, such compensation as to them shall seem reasonable, and shall require of the Cashier and other officers, under such bonds conditioned for their good behaviour and a faithful discharge of their duties, as to them may be satisfactory, and the President, Cashier and other officers, of the Bank, before entering on the duties of their office, shall take the following oath 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 Western Bank of Georgia, to the best of my knowledge and ability, which oath shall be entered and subscribed on the minutes of the corporation.
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Sec. 7th. And be it further enacted , That the number of votes, that each Stockholder, shall be entitled to, shall be according to the number of shares he shall own, in the following proportionthat is to say, for one share, one vote; for two shares, and not exceeding five, two votes; and for every five shares above five, one vote: Provided , no person, body politic or corporation, shall be entitled in his, her, or their own right, to more than thirty votes; and after the first electon, no share or shares shall confer a right of suffrage, which shall not have been holden, three calender months previous to the day of election; any stockholder being absent, may authorize, by power of attorney, under seal, any other stockholder, to vote for him, her, or them: Provided , said power of attorney, is filed in Bank thirty days before the day of election. Sec. 8th. And be it further enacted by the authority aforesaid , That any number of Stockholders, who shall together, be the owners and proprietors of five hundred shares and 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 two of the public gazettes, one in Milledgeville, and the other, in one published in the Cherokee Circuit, specifying in such notice, the object of such meeting. Sec. 9th. And be it further enacted , That none but a stockholder, being a citizen of the State of Georgia, shall be eligible as a Director, and no Director of any other Bank shall be a Director of this Bank, and if any Director after being chosen, cease to be a Stockholder, the remaining Directors shall, at their next meeting, declare him to be no longer a Director, and shall proceed to fill his seat, for the remainder of the year, for which he was chosen. Sec. 10th. And be it further enacted , That no less than a majority of Directors, shall form a Board for the transaction of business, of whom the President shall always be one, unless sick, or absent on necessary business, in which case, a President pro tem , of one of the Directors may be selected. Sec. 11th. 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 the Cashier, and which shall be transferable only by personal acting of the stockholder, in the books of the Cashier, or by his agent or attorney authorized by special power of attorney for that purpose: Provided , that no stockholder indebted to
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the Bank, shall make such transfer of stock, until all debts due said Bank, by said stockholder shall be paid, unless by consent of the Directors entered upon their minutes. Sec. 12th. And be it further enacted , That the bills obligatory, and of credit, notes and other contracts whatsoever, in behalf of 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 said corporation, shall in no case, be held liable for any contract, or engagement whatever, unless the same be signed and countersigned as aforesaid. Sec. 13th. And be it further enacted , That the said corporation, shall not at any time, suspend or refuse payment in gold or 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 understanding therein expressed, the charter hereby granted shall be forfeited: Provided, however , that whenever a demand shall be made on this Bank by any Bank or Branch Bank, by itself or its agent, this Bank shall have the right of redeeming the bills thus demanded, with the bills of the Bank or its Branches, making the demand. Sec. 14th. And be it further enacted , That the Directors shall keep fair and regular minutes of the proceedings, and upon any question, when a Director shall require it, the yeas and nays of the Directors voting, shall be inserted on said minutes, and the books, papers and 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. 15th. And be it further enacted , That no notice or protest, shall be necessary to charge any endorser or maker of any note or obligation due said Bank, and all makers or endorsers, or their representatives, may be embraced and sued in one action, and no proof of notice, demand or protest, shall be necessary or required on any trial to authorize a recovery: Provided , that nothing in this act, shall be so construed as to prevent any endorser or endorsers from being exonerated from liability, after having given said corporation three months notice to sue on said demand. Sec. 16th. And be it further enacted , That in no suit or action, in any court of this State, in which the said Bank may
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redemption of the bills or notes issued by, or from said Bank, during the time he, she, or they may hold such stock, in the same manner as in ordinary commercial cases or simple cases of debt. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to Dec. 23, 1836. AN ACT, To incorporate the Bank of St. Marys. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That a Bank shall be established in the town of St. Marys, the capital stock of which, shall be two hundred and fifty thousand dollars, to be divided into shares of one hundred dollars each. Sec. 2. And be it further enacted by the authority aforesaid , That subscriptions for constituting said Bank, shall be opened on the first Monday in February next, at the town of St. Marys, under the superintendence of Alfred Doolittle, Henry Bacon, A. J. Bessent, Archibald Clark, Henry Sadler and Louis Dufour. At the town of Centreville, in Camden county, under the superintendence of Pliny Carter, Lucian Momcey and Alexander Kean, And at the town of Jefferson, under the superintendence of John Bailey, Robert Lang, and George W. Thomas; in the town of Waresboro', Ware county, under the superintendence of Thomas Hilliard, James Fulwood, and Elijah Mattox, commissioners for the whole of said shares, a majority of whom, shall be competent to discharge their duties, and the books of subscription shall be kept open for the space of two months, during which time, it may, and shall be lawful for any person or copartnership, being citizens of the United States, corporation or body politic, established in the United States, to subscribe for any number of shares, but should the number subscribed for, exceed the whole number of shares composing the capital stock, then the commissioners, shall deduct the overplus from each subscriber, in proportion to the number of
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shares subscribed for by them, and to return them the amount paid on said shares; and the sums respectively subscribed for, shall be payable in manner followingthat is to sayten per cent at the time of subscribingten per cent at the expiration of thirty days, and the balance of the sums so subscribed, at such other time or times, as the Directors shall require: Provided , thirty days previous notice of the time, at which said payment is required, shall be given in the gazettes of Savannah and Darien, and at three of the most public places in Camden county. Sec. 3. And be it further enacted by the authority aforesaid , That if there shall be a failure in the payment of any sum subscribed by any person, copartnership, corporation or body politic, when the same is required to be paid by this act or the Directors, the share or shares, upon which such failure shall happen or accrue, shall be forfeited, and may again be sold and disposed of in such manner as the Directors shall order and provide; and the proceeds from such sale, together with the sum or sums, which may have been paid thereon, shall enure to the benefit of said corporation. Sec. 4. And be it further enacted by the authority aforesaid , That all those who shall become subscribers to the said Bank, their successors and assigns, shall be, and they are hereby created and made a corporation and body politic, by the name and style of The Bank of St. Marys, and by that name shall be, and are hereby made capable in law, to have, purchase, receive, possess, enjoy and retain to them and their successors, lands, tenements, rents, hereditaments, 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 courts of record, or any other place whatsover. And also to make, have, and use, a common seal, and the same to break, alter and renew at their pleasure; and also to ordain, establish, and put in execution, such by-laws, rules, and regulations, as shall seem necessary and convenient for the government of said corporation: Provided, nevertheless , that such by-laws, rules and regualtions, be not contrary to the laws and constitution of this State, or of the United States; and generally, to do and execute all and singular, such matters, acts and things, as to them may, or shall appertain to do, subject nevertheless, to the rules, regulations, restrictions, limitations, and provisions, hereinafter prescribed.
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Sec. 5. And be it further enacted by the authority aforesaid , That for the well ordering of the affairs of said corporation, there shall be seven Directors, who shall be elected as soon as fifty thousand dollars in gold or silver, shall have been received on account of the subscriptions of said stock. And in each and every year thereafter, the Directors shall be chosen by the stockholders or the proprietors of the capital stock of said corporation, when a plurality of votes given in, shall be necessary to a choice, and those who shall be duly elected, shall be capable of serving as Directors, by virtue of such choice, until the end of the first Monday in January next, ensuing the time of said election, and no longer; and the said Directors, at their first meeting after such election, shall choose one of their number as President, and in case of his death or resignation, removal from the State or Board of Directors, the said Directors shall proceed to fill the vacancy, by a new election for the remainder of the year: And provided always, and be it further enacted , that so soon as fifty thousand dollars aforesaid, shall have been actually received by the commissioners, where books have been opened on account of the subscriptions to said stock, such sums shall immediately thereafter be transmitted to the commissioners in St. Marys, who shall give notice in the gazettes of Savannah and Darien, and at three of the most public places in the county of Camden, thereof, and at the same time, and in like manner, notify a time and place within the town of St. Marys, at the distance of thirty days at least, from the date of such notification, for proceeding to the election of Directors, and it shall be lawful for the election then and there to be made, and the persons who shall then and there be chosen, shall be the first Directors, and shall receive from the commissioners, the money which may have been received by them, and shall be capable of acting by virtue of such choice, until the end of the first Monday in January next, ensuing the time of making the same, and shall forthwith thereafter, commence the operations of said Bank, at the said town of St. Marys: Provided, further , that in case it should at any time happen, that an election of Directors should not be made at any day, when pursuant to this act, it ought to have been made, the said corporation shall not, for that cause, be deemed to be dissolved, but it shall be lawful on any other day to hold an election for Directors, in such manner as shall have been regulated by the laws and rules of said corporation: And provided , that in case of the death, resignation or removal of a Director,
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or his absence from the State, his place may be filled up by a new choice for the remainder of the year, by the remaining Directors. Sec. 6. And be it further enacted by the authority aforesaid , That the Directors, for the time being, shall have power to appoint such officers, clerks and servants, as shall be necessary for the executing the business of said corporation, requiring from said officers, clerks and servants, such security as said Directors shall deem necessary, and to allow them such compensation for their services respectively, as shall be reasonable; and shall be capable of exercising such other power and authority, for the well ordering and governing of the affairs of said corporation, as shall appear conducive to the interest of the institution. Sec. 7. And be it further enacted by the authority aforesaid , That the following rules, restrictions, limitations and provisions, shall form and be fundamental articles of the constitution of 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; that is to sayfor one share, one vote; for two shares, and not exceeding five, two votes; and for every five shares above five, one vote. Any stockholder being absent, may authorize by power of attorney, under seal, any other stockholder to vote for him, her or them. Rule 2. None but a stockholder entitled in his own right to ten shares, being a citizen 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 shall at any time, during the time for which he shall have been chosen, cease to be a stockholder, his seat thereupon shall become vacant, and the remaining Directors, or a majority of them, shall at the next meeting, pass an order declaring him to be no longer a Director. Rule 3. The stockholders shall make such compensation to the President, as shall seem reasonable. Rule 4. Not less than four Directors shall constitute a Board for the transaction of business, of whom the President shall be onebut in case of sickness or necessary absence, a President pro tem. may be elected by the Directors present, from amongst themselves to supply his place. Rule 5. A number of stockholders, not less than ten, who together, shall be proprietors of two hundred shares or upwards, shall have power at any time, to call a meeting of the stockholders,
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for purposes relative to the corporation, giving at least sixty days notice in the gazettes of Savannah and Darien, and at three of the most public places in Camden county, specifying in such notice, the object of such meeting. Rule 6. The Cashier of the Bank, for the time being, before he enters on the duties of his office, shall be required to give bond, with two or more securities, to the satisfaction of the Directors, in a sum not less than twenty thousand dollars. Rule 7. The total amount of debts which said corporation shall at any time owe, whether by bond, bill, note, or other contract, shall not exceed three times the amount of its capital stock actually paid in, and above the amount of specie actually deposited in its vaults for safe keeping. In case of excess, the Directors under whose administration it shall happen, shall be liable for the same, in their individual and private capacity, and an action of debt may be brought against them, or any of them, or any of their heirs, executors or administrators, in any court of record of the United States, having competent jurisdiction, or either of them, by any creditor or creditors of said corporation, and may be prosecuted to judgment and execution; any condition, covenant, or agreement, to the contrary notwithstanding. But this shall not be construed to exempt the said corporation, or the lands, tenements, goods, chattels and effects of the same, from being also liable for, and chargeable with the said excess; and such of the said Directors, who may have been absent when the said excess was created or contracted, or may have dissented from the resolution or act, whereby the same was created and contracted, may respectively exonerate themselves from being so liable, by having their dissent, if present, entered on the minutes of said corporation. Rule 8. The Directors shall have power to issue to the subscribers, their certificates of stock, which shall be transferrable on the books of the Cashier only, by personal entry of the stockholder, his legal representatives, or attorney, duly authorized by special power for that purpose. Rule. 9. The corporation shall in no case, directly or indirectly, be concerned in commerce, or insurance, or the importation or exportation, purchase or sale of any goods, wares or merchandize, whatsoever, except bills of exchange, notes and bullion, save such goods, wares and merchandize, as shall be truly transferred, conveyed, or pledged to it, by way of security for money actually loaned, and advanced, or for debts due to the said corporation, or purchased by it to secure such debts
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so due to said corporation, or to effect the insurance of the property that may belong to, or be pledged to said corporation for its security. Rule 10. The bills obligatory and of credit, notes and other contracts whatever, shall be binding and obligatory on said corporation: Provided , the same be signed by the President and countersigned or attested by the Cashier of said corporation: and the funds of said corporation shall in no case be held liable for any contract or engagement whatever, unless the same shall be so signed and countersigned, or attested as aforesaid: and the books, papers and correspondence, shall at all times be subject to the inspection of the Board of Directors and stockholders, when convened according to the directions of this act. Rule 11. Dividends of the profits of the corporation, or so much thereof as shall be deemed expedient and proper, shall be declared and paid half yearly, the first half year after the Bank shall have been in operation, excepted; and the said dividends shall, from time to time, be determined 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 nett proceeds, actually acquired by the corporation, so that the capital stock thereof, shall never be impaired. Rule 12. The Directors shall keep fair and regular entries in a book provided for that purpose, of their proceedings, and on every question, when two Directors shall require it, the yeas and nays of the Directors voting, shall be duly inserted on their minutes, and those minutes be at all times, on demand, produced to the stockholders, when at a general meeting, the same shall be required. Rule 13. The corporation shall exist and continue until the first day of January, one thousand eight hundred and fifty-six, and immediately after the dissolution of said corporation, effectual measures shall be taken by the Directors last appointed and acting, for closing all the concerns of the corporation, and for dividing the capital and profits which may then remain, among the stockholders, according to their respective interests. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 29, 1836.
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BRIDGES. AN ACT, To authorize Jacob Carroll to erect a Toll Bridge over the Hightower River, at or near the ferry, known as Blagburn's, of which he is the proprietor, or at any point on his own land, so as not to obstruct the old ford on said lands. Whereas the said Jacob Carroll is the proprietor of the land on both sides of the Hightower River, at, and near to his ferry on said River, and is desirous of the privilege of the erection of a Toll Bridge at some point within his present land: 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 passing of this act, the said Jacob Carroll, is hereby authorized to erect a Toll Bridge over the said river at any point he may think proper, so as not to obstruct the present ford on his own land, at or near his ferry on said River, and to receive for, and during the full term of twenty years, from and after the completion of the said Bridge, the following rates of Toll, namely: for a loaded wagon, fifty cents; for an empty wagon and four horses, thirty-seven and a half cents; for a cart and oxen, twenty-five cents; for all four wheeled pleasure carriages, thirty-seven and a half cents; for all two wheeled carriages, twenty-five cents; for lead horses or mules, six and a quarter cents each; for a man and horse, twelve and a half cents; for each foot passenger, six and a quarter cents; for all cattle, two cents each; for goats, sheep, or hogs, one cent per head. Sec. 2nd. And be it further enacted , That if the Bridge so authorized to be erected, shall be destroyed by freshets or otherwise, and shall not again be rebuilt, within three years thereafter, or shall from the want of repairs, be impassable, for the space of three years at any time, then and in such case, the right hereby vested in the said Jacob Carroll and his heirs, shall immediately thereafter cease and determine, and become void, as if this act never had passed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24, 1836.
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AN ACT, To appropriate the sum of eight hundred dollars, to build a Bridge across the Lopahaw. Whereas, it is all important that a Bridge should be built across the Lopahaw, at or near Coffee's Road, and whereas, the citizens are unable to build the said Bridge, and whereas, a subscription is on foot to raise or contribute eight hundred dollars which is thought will be about one half of the amount necessary and requisite to build and erect a substantial Bridge, 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 enacted by the authority of the same , That Jacob Polk of the county of Irwin, Daniel Grantham, Sen'r. John McMillon, be and they are hereby authorized to draw and appropriate the sum of eight hundred dollars, for the purpose of building a Bridge over and across the Lopahaw, at or near where the Coffee Road crosses the said river, and for the repair of Coffee's Road. Sec. 2. Be it enacted by the authority of the same , That the said Commissioners shall give bond and sufficient security for the faithful discharge of their duty, and properly to expend the aforesaid sum for the erection of said Bridge. Sec. 3. And be it further enacted by the authority aforesaid , That His Excellency the Governor, be, and he is hereby authorized and required, on the receipt of said bond as before required, to pay the amount of eight hundred dollars to the said Commissioners aforesaid, out of any money in the treasury not otherwise appropriated. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 26, 1836. AN ACT, To authorize William Williams, of the county of Bulloch, and Willis Young, of the county of Scriven, to build a Bridge across the Great Ogeechee River, at, or near Garden Hill Bluff. Sec. 1. 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 aforesaid , That William Williams of the county of Bulloch, and Willis Young of the county of Scriven, be, and they are hereby authorized to build a Bridge over, and across the River Great Ogeechee, on their own land, and to ask and receive toll at, and of the following rates, to wit: for a man and horse, twelve and a half cents; for a wagon and two horses, twenty-five cents; for a wagon and four horses, fifty cents; for a jersey wagon and one horse, twelve and a half cents; for each head of cattle, horses or mules, two cents per head; for each head of sheep, goats, or hogs, one cent per head; for each four wheeled pleasure carriage, fifty cents; for each two wheeled pleasure carriage, fifty cents; each pedler's wagon fifty cents; each led horse two cents, and all other rates not herein enumerated, to be at the several rates charged at Jencks' Bridge, on said river. Sec. 2nd. And be it further enacted by the authority aforesaid , That the said William Williams, and Willis Young, their heirs and assigns, are hereby made responsible and liable, for damages sustained by travellers over said Bridge, occasioned by either negligence of the keeper, or themselves, and also for damage sustained, from the bad state of the Bridge; Provided , the said Bridge, shall not interfere or hinder the free passage of Boats. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 28, 1836. BOAT OWNERS AND CREWS. AN ACT, To amend, explain, and cause to be enforced, the several acts of the General Assembly of the State of Georgia, assented to, the 4th of December 1815, and that of the 13th of December 1816, and an act amendatory of the last specified act, assented to the 10th day of December, 1817. Whereas, the before recited acts, require that each boat, navigating the Savannah and Broad rivers, and all the rivers that are made navigable in this State, shall be required, to keep a white Patroon thereon, and are further required to furnish, and exhibit to any free white person or persons that may wish
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an examination, a bill of lading, showing the contents, the name of the Patroon and Consignee of said cargo, and forbid such boat-owner, or their Patroons to suffer, or permit any boat-hand being a slave, to put on board of their boat, any corn, cotton, peas, or other article of produce as the property of such boat-hand, to be carried to market: yet the aforesaid acts do not prohibit the trafficking in stock of any or all kinds, poultry and other articles prohibited by law, for slaves to sell or vend, for remedy whereof: Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met . That from and immediately after the passage of this act, it shall not be lawful for a boat owner or Patroon, navigating either of the navigable rivers within this State, to suffer the boat-hands to take with them, any kind of stock whatever, poultry of any kind, or other articles that are by law, prohibited to them to traffick in, except the same shall be stated in such bill of lading of the owner of said boat or his agent, and that no stock, poultry, or other articles as aforesaid, shall be permitted to go on board of a boat, unless it is immediately under the direction of such owner or Patroon, or the agent of the owner, and specified in the bill of lading. Every offender against the provisions of this act, shall be liable to like punishment and fine, as pointed out in the foregoing acts. Sec. 2. And be it further enacted , That it shall be the duty of the Inferior Courts of the several counties of this State, bordering on, or which navigable waters shall pass through, to cause to be published in various parts of said county, the provisions of the foregoing acts; and in the counties bordering on navigable waters which are on the borders of the State, the Inferior Courts of the several counties bordering on such water courses, that are navigable, shall cause to be published in one or more of the public gazettes, the provisions of this and the foregoing acts for the information of those in the adjoining States, who are engaged in navigating such water courses, and the expenses thereof, to be defrayed out of the county funds. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 26, 1836.
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CAVEAT AND CHURCHES. AN ACT, To repeal the ninth section, and all other parts of laws now in force in this State, by which Caveats are directed to be tried where land is sought to be granted, before the Governor, and directing such Caveats to be tried in the Superior Court of the county in which the land lies. 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 ninth section of the act of 25th February, 1785, and all otherlaws, or parts oflaws, allowing Caveats entered by parties claiming grants for lands, to be tried by the Governor of this State, be, and the same is and are hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That all Caveats or appeals entered against the granting of any tract of land which has heretofore been directed to be tried by the Governor and Council, or the Governor, be, and the same shall be hereafter returned to the Superior Court of the county where the land may lie; and the said Court shall submit the same to a jury, with the evidence, in the same manner, and under the same rules of law, as are usual in all cases for the trial of the titles to land, and the verdict of the jury shall be final and conclusive, and the record of said trial and verdict being transmitted to the Governor, he shall issue a Grant to the party in whose favour the same may be. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24, 1836. CHURCHES. AN ACT, To alter and amend an act incorporating the Trustees of Christ's Church in the city of Augusta, and to change the name thereof, to the First Presbyterian Church of the city of Augusta; also, to incorporate the following named churches, to wit: The Mulberry Camp Ground in the county of Harris; the Dry Pond Camp Ground in the county of Jackson; the Presbyterian Church in the town of Franklin, in Heard
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county; the Baptist Church in Campbellton, Campbell county; the Baptist Churches at Mud Creekat Antioch at Shoal Creek, and at Tessentee, in Habersham county; the Baptist Churches at Ozias and Bethsaida in Jefferson county; the Baptist Church at Poplar Spring, in Franklin county; the Baptist Church at Bethlehem in Washington county; the Baptist Church at Clinton in Jones county, and the Presbyterian Church at Bethel in Glyon 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 corporate name of the Trustees of Christ's Church in the city of Augusta, be, and the same is hereby changed to that of the First Presbyterian Church in Augusta, by which last mentioned name, the said Corporation shall sue and be sued upon all contracts, and liabilities made or incurred under the former name, or under the last name, and the said corporation shall be entitled to all the privileges to which it is now entitled under the act of incorporation aforesaid, or any act amendatory thereof. Sec. 2. And be it further enacted by the authority aforesaid , That the pew owners of the said First Presbyterian Church of Augusta, be, and they are hereby authorized to meet at the Church on the first Monday in January in each and every year, and to elect from among their number, seven Trustees to serve for one year, and if the pew owners fail to meet for the purpose, at the time aforesaid, the said corporation shall not be dissolved, but the Trustees then in office, shall continue to act as such, till their successors are elected according to the provisions of this section. Sec. 3. And be it further enacted by the authority aforesaid , That the Camp Ground in the county of Harris, adjacent to Mulberry creek, shall be known and called the Mulberry Camp Ground, and that Samuel Pitts, Nathaniel Black, Francis Cook, Wm. Whitehead, and Richard Dozier, shall be, and they are hereby appointed Trustees for the same, and that they and their successors in office, are hereby declared to be a body corporate by the name and style of The Trustees of the Mulberry Camp Ground. Sec. 4. And be it further enacted by the authority aforesaid , That the above named Trustees and their successors in office, shall be invested with all manner of property both real and personal, and to convey the same, all donations, gifts, grants,
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hereditaments, privileges and immunities whatsoever, which may belong to said Camp Ground at the time of the passage of this act, or which may hereafter be made, conveyed, or transferred to them or their successors in office, to have and to hold the same, for the proper use, benefit, and behoof of the said Camp Ground; and that the Trustees and their successors in office, shall be, and are hereby declared to be capable of suing and being sued; impleading and being impleaded; and of using all necessary legal steps for recovering and defending any property whatever, that may belong to said Camp Ground; and also for the recovering the rents, issues and profits of the same, or any parcel or part thereof. Sec. 5. And be it further enacted by the authority aforesaid , That whenever any vacancy shall occur among the aforesaid Trustees, by death, removal, resignation, or otherwise, said Trustees shall have the power to appoint such person or persons by ballot, as they, or a majority of them, may think proper to fill such vacancy. Sec. 6. And be it further enacted by the authority aforesaid , That James Hargroves, James Hampton, Aaron Sewell, James R. McClerkey, John Sedy, Sylvanus Ripley, and Wm. D. Smith, be, and they are hereby appointed a body corporate by the name and style of The Trustees of the Dry Pond Camp Ground in the county of Jackson, with the like privileges, rights, and immunities with the Trustees of Mulberry Camp Ground. Sec. 7. And be it further enacted by the authority aforesaid , That Alexander Corry, and Hugh McCoy, be, and they are hereby appointed a body corporate by the name and style of the Trustees of the Presbyterian Church in the town of Franklin, Heard county, with the like rights, privileges, and immunities, with the Trustees of the Mulberry Camp Ground: Provided , that nothing herein contained shall prevent future Legislatures from altering, amending and repealing this act. Sec. 8. And be it further enacted by the authority aforesaid , That Parker M. Rice, Thomas Black, Evan Brown and Robert O. Bevers, be, and they are hereby appointed a body corporate by the name and style of the Trustees of the Baptist Church in Campbellton, Campbell county, with the like rights, privileges and immunities with the aforesaid Trustees of the Mulberry Camp Ground. Sec. 9. And be it further enacted by the authority aforesaid , That John J. Dickinson, John H. Jones, Thomas Ivie,
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William Grant and George Beaty, and their successors in office, be, and they are hereby appointed a body corporate, by the name and style of the Trustees of the Baptist Church, at Mud Creek; that John Nix, Peter Ray, Francis Powell, James Williams and Allen Black, be, and they are hereby appointed a body corporate by the name and style of the Trustees of the Baptist Church, at Antioch; that William Burt, L. R. Stone, R. C. Bowen, James Smith and Elisha Williams, be, and they are hereby appointed a body corporate, by the name and style of the Trustees of the Baptist Church, at Shoal Creek; that Jephthah Freeman, William Nix, Ezekiel Catlett, Goodman Hughes and Wilkins Tate, and their successors in office, be, and they are hereby appointed a body corporate by the name and style of the Trustees of the Baptist Church, at Tessentee, in Habersham county; and that the said Trustees, of the aforesaid Churches, be, and they are hereby invested, severally, with all manner of property, both real and personal, which they may be possessed of, or acquire by gift, donation, grant or purchase; and all privileges and immunities, which may belong to said Churches at the time of passing of this act, or which may hereafter be made, conveyed, or transferred to them, or their successors in office, to have and to hold the same, to the proper use, benefit and behoof of the said several corporate bodies; and also, that the said Trustees in office, or a majority of them, shall, and they are hereby declared to be capable of suing and being sued; plead and being impleaded; and of using all legal and necessary steps for receiving or defending any property whatever, which the said Churches may hold, claim, or demand, respectively. Sec. 10. And be it further enacted by the authority aforesaid , That the said several corporate Trustees of said Churches, shall hold their offices for, and during the term of two years, from the passing of this act, and until their successors are appointed. And on some convenient day, every second year, after the passing of this act, the members of said corporate Churches, or a majority of them, shall convene at their several meeting-houses of said Churches, and proceed by ballot, to elect from their own body, five fit and proper persons as Trustees, who shall hold their office for two years, as aforesaid, from and after their said election, with the same powers, and for the same purposes above named; and which said Trustees, as corporate bodies, shall have full authority to appoint such officers, and to make and ordain such by-laws and regulations as they may deem necessary and proper, for the carrying into
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effect the provisions of this act, and for the management of the temporal affairs of said Churches: Provided , such by-laws be not repugnant to the constitution of the United States, or of this Stateand, further, that in case of any vacancy in the Board of Trustees, in either of said corporate bodies, the remaining members, respectively, may fill such vacancy or vacancies, who may serve the term for which his predecessor was elected. Sec. 11. And be it further enacted, by the authority aforesaid , That William W. Maund, William Wade, Solomon Phillips, Sherard Arrington and Ashley Phillips, be, and they are hereby appointed a body corporate by the name and style of the Trustees of the Ozias Baptist Church, in the county of Jefferson, with the like rights, privileges and immunities of the several Churches, in the aforesaid last two sections. Sec. 12th. And be it further enacted by the authority aforesaid , That Henry P. Turner, Thomas Green, Windal Bowen, Vinson Lamb, and James Ross, be, and they are hereby appointed a body corporate, by the style of the Trustees of Bethesda Church, in the county of Jefferson; that Josiah Stovall, Joseph Jackson, Thomas Farmer, James Stone and Henry F. Chandler, and their successors in office, be, and they are hereby appointed Trustees of the Baptist Church, at the Poplar Spring, in the county of Franklin, with the same privileges, and under the same restrictions, as are prescribed for Mud Creek, Antioch, Shoal Creek and Tessentee Churches, in Habersham county. Sec. 13. And be it further enacted by the authority aforesaid , That James Cone, Josiah Amason, Jr. Enoch Gray, Alexander Armstrong, Archilaus C. Duggan and John Duggan, and their successors in office, be, and they are hereby appointed a body corporate, by the name and style of the Trustees of the Baptist Church, at Bethlehem, in the county of Washington, with the same privileges, and under the same restrictions as are prescribed for the other Baptist Churches, herein incorporated. Sec. 14. And be it further enacted , That the said Trustees and their successors in office, or a majority of them, be, and they are hereby authorized to appoint such officers, and to make such by-laws as may be necessary for the government, and the carrying into effect the provisions of this act, and for the management of the temporal affairs of the said Church: Provided , such by-laws and regulations be not repugnant to the constitution and laws of this State.
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Sec. 15. And be it further enacted , That the Trustees aforesaid, for the purposes aforesaid, may have and use a common seal; and when any vacancy shall happen of any of the Trustees of said Church, such vacancy may be filled by a majority of the remaining members of the said Board, in such manner as shall be pointed out by the by-laws and regulations of the Church aforesaid. Sec. 16. And be it further enacted , That Thomas B. Slade, Deacon of the Clinton Baptist Church, and such other person or persons, as said Church may appoint as Deacon or Deacons, be, and they are hereby appointed a body politic and corporate, by the name and style of the Deacons of the Clinton Baptist Church, at Clinton, in the county of Jones, with the same privileges, and under the same restrictions as the other Baptist Churches, herein incorporated. Sec. 17. And be it further enacted by the authority aforesaid , That Thomas B. King, Stephen C. King, Thomas Dover, James H. Cooper, Edmund Atkinson, John Bennett and George March, and their successors in office, be, and they are hereby declared a body corporate, by the name and style of the Trustees of the Bethel Presbyterian Church. Sec. 18. And be it further enacted by the authority aforesaid , That the said Thomas B. King, Stephen C. King, Thomas Dover, James H. Cooper, Edward Atkinson, John Bennett and George March, Trustees as aforesaid, 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, grnat, or purchase, and all privileges and immunities which may belong to said Church at the time of the passage of this act, or which may hereafter be made, conveyed, or transferred to them and their successors in office; to have, and to hold the same, to the proper use, benefit and behoof of the said Church; and also, that the said Trustees, or a majority of them, shall, and they are hereby declared to be capable of suing and being sued; impleading and being impleaded; of having and using a common seal; and also, of using all legal and necessary means for recovering or defending any property whatsoever, which the said Church may hold, claim or demand. Sec. 19. And be it further enacted by the authority aforesaid , That the said Trustees, or a majority of them, shall have full power and authority to make all by-laws and ordinances, necessary for the government of the affairs of said Church, not repugnant to the laws or constitution of this State; and also,
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to appoint such officers as they may deem necessary for conducting the business of said corporation. Sec. 20. And be it further enacted by the authority aforesaid , That the said Trustees, or a majority of them, shall have full power and authority to fill any vacancy that may hereafter occur in said Board, by death, resignation, or otherwise, in such manner as they may hereafter appoint by the by-laws of said corporation. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 29, 1836. AN ACT, To incorporate the Long Cane Church, in the county of Troup, and the Ebenezer and Macedonia Baptist Churches, in the County of Coweta. 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 George H. Traylor, James H. Leftwich, Jesse B. Haralson, Felix Simonton, Robert Curtis, and their successors in office, be, and they are hereby declared to be a body corporate, under the name and style of the Trustees of Long Cane Church, and as such, may have a common seal; sue and be sued; plead and be impleaded; receive and hold any property conveyed unto them; transfer and sell the same when they may choose; fill all vacancies in their body; make all rules and regulations; pass by-laws, not inconsistent with the constitution and laws of this State, and the constitution of the United States; and have, and enjoy such other privileges, as are usual to corporations of this character. Sec. 2. And be it further enacted by the authority aforesaid , That from and after the passing of this act, the Baptist Church at Ebenezer, in the county of Coweta, shall be known and called by the name of the Ebenezer Baptist Church; and that William M. Stokes, John Taylor, David Owens, William Pinson and Abner Willingham, and their successors in office, and they are hereby declared to be a body corporate by the name
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and style of the Trustees of the Ebenezer Baptist Church, 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 shall be necessary for the government of said Church: Provided , such by-laws are not repugnant to the constitution and laws of this State; and for the purpose aforesaid, may have and use a common seal; appoint such officers as they may think proper, and remove the same from office, for improper conduct, or neglect of duty. Sec. 3. And be it further enacted , That the said Trustees shall be capable of accepting and being invested with all manner of property, both real and personalall donations, gifts, grants, privileges and immunities, whatsoever, which may now belong to the said Church, or which may hereafter be conveyed or transferred to them, or their successors in office, to have and to hold the same, for the proper use, benefit and behoof of said Church. Sec. 4. And be it further enacted , That when any vacancy shall happen in said Board, by death, resignation, or otherwise, the same shall be filled in such manner, as shall be pointed out by the by laws and regulatioas established by the members for the government of said Church. Sec. 5. And be it further enacted , That the Baptist Church at Macedonia, in Coweta county, be incorporated under the name and style of the Macedonia Baptist Church; and that John S. Dunkin, Nicholas Dyer and David Mosely, be, and they are hereby appointed Trustees of the said Church, and invested with all the rights and privileges granted to the Ebenezer Baptist Church, in Coweta county, by the provisions of this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836. AN ACT, To authorize the Trustees and members of the Roman Catholic Society, in the city of Augusta and county of Richmond, to sell the lot of land conveyed to them by the Trustees of the Richmond County Academy, and to appropriate the proceeds as therein mentioned. 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 Trustees of the Roman Catholic Society, in the city of Augusta and county of Richmond, for the time being, with the approbation and consent of a majority of the members of said Society, be, and are hereby authorized, to sell and dispose of, in any manner and way they may deem it advisable and proper, all or part of that lot of land, conveyed to them by the Trustees of Richmond Academy, the conveyance of which was authorized by act of the Legislature of December 10, 1811, and as specified in said act. Sec. 2. And be it further enacted by the authority aforesaid , That the proceeds of the sale of said lot of land, now owned by said Roman Catholic Society, shall be exclusively appropriated to the purchase of another lot, in the city of Augusta, and to the building thereon, of another Church, a parsonage house, and such other houses as the Trustees and a majority of the members of said Society may think advisable and proper, for the benefit of the congregation of said Church; and after providing for the purchase of a lot, for the building of a Church, parsonage house and other houses, any balance remaining, shall be appropriated to the support of Clergymen for said Church, and to the support of a school, which the Trustees and members of the Roman Catholic Society, in Augusta, may see fit to establish. And it is hereby provided, that the proceeds of the sale of the lot now owned by said Roman Catholic Society, in the city of Augusta, shall not be appropriated to any other purpose whatever, except to the objects specified and authorized in this act. Sec. 3. And be it further enacted by the authority aforesaid , That nothing in this act shall be construed to impair the act of December 10, 1811, incorporating the Roman Catholic Society, and that the powers and privileges granted by said act to said corporate body, shall be continued to said corporation as heretofore, after they have disposed of the lot whereon their Church is now erected, and after they may have purchased another lot, and built thereon another Church. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 29, 1836.
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AN ACT, To incorporate Elam Baptist Church, in Warren 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 aforesaid , That Samuel Smith, Sen. Samuel Smith, Jun. Adam Broome, Harman Hubert and Burch M. Roberts, 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 Elam Baptist Church. Sec. 2. And be it further enacted , That the said Trustees as aforesaid, and their successors in office, shall be invested, with all manner of property, both real and personal, with rights of way and use, which they may acquire, or be possessed of, by gift, grant, or purchase, and all privileges and immunities which may belong to the said Church at the time of the passage of this act, or which they may hereafter acquire by deed or transfer to them, or their successors; to have and to hold the same, to the proper use, benefit and behoof of the said Church. Sec. 3rd. And be it further enacted , That the said Trustees, or a majority of them, shall, and they are hereby declared to be capable of suing and being sued; impleading and being impleaded; of having and using a common seal; and also, of having and using all legal and necessary means for recovering and defending any property whatsoever, which the said Church may hold or be entitled unto. Sec. 4th. And be it further enacted , That the said Trustees, or a majority of them, shall have full power and authority to make all by-laws and ordinances necessary for the government of the affairs of said Church, not repugnant to the laws or constitution of this State; and also, to appoint such officers as they may deem necessary for conducting the business of said corporation. Sec. 5th. And be it further enacted , That the said Trustees, or a majority of them, shall have full power and authority
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to fill any vacancy which may hereafter occur in said Board, by death, resignation, or otherwise; in such manner as they may hereafter appoint by the by-laws of said corporation. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836. AN ACT, To incorporate the Methodist Episcopal Church, known by the name of the Camp Ground Church, in the second district of Merriwether county, and appoint Trustees for the same. Sec. 1st. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Hope H. Tigner, Marshall Martin, Jonathan White, William Sharp, Jourdan Reece, Alburtes E. Jackson, and Thomas F. McGehee, be, and they are hereby appointed, and they, and their successors in office, are hereby declared to be a body corporate, by the name, and under the title of the Trustees of the Methodist Episcopal Church, known by the name of Camp Ground Church in the second district of Merriwether. Sec. 2d. And be it further enacted , That the Trustees, aforesaid, and their successors in office, be, and they are hereby invested with the power of using a common seal; of suing and being sued; pleading and being impleaded in the several courts of law and equity in this State, and of making all necessary laws and ordinances for the government of the temporal affairs of said Church, 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 corporation. Sec. 3rd. And be it further enacted , That said Trustees respectively, or a majority of them, shall have full power and authority, to fill all vacancies which may occur in their respective Board by death, resignation or otherwise, in such manner as they may point out in the by-laws of their respective corporation; and that the Trustees as aforesaid, respectively, and
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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 of said Church, 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 Methodist Episcopal Church aforesaid. Sec. 4th. And be it further enacted , That all laws, and 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. 24, 1836. CITIES. AN ACT, Amendatory of 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. Be it enacted by the Senate and House of Representatives, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the incorporate limits of the city of Columbus, be, and the same is hereby extended to the boundary line dividing the State of Georgia from Alabama, on the Western Bank of the Chattahoochee River, opposite the incorporate limits of the city of Columbus; and that after the passage of this act, the Mayor and members of the city council of the city of Columbus, extend and exercise jurisdiction to the full extent of the aforesaid boundary line,
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and enforce all ordinances which they may pass in obedience to their incorporate powers, and punish all offenders for a violation thereof; hereby repealing all laws and parts of laws, militating against this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24, 1836. AN ACT, Amendatory of the several acts, incorporating the Town of Milledgeville, so far as to declare the same to be a city; to enlarge the powers, and more particularly, the jurisdiction of said incorporation. Sec. 1st. Be it enacted by the Senate and 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 Milledgeville, shall be called and known, as the city of Milledgeville. Sec. 2. And be it further enacted , That the present Intendant and Commissioners of said incorporation, be, and they are hereby authorized to lay off, as soon as practicable, after the passage of this act, the said city, into six wards, in such shape and form, as will give to each ward, as near as is attainable, an equal domiciliated population; which wards shall be established by their ordinance, and publication thereof be made, and which wards shall be subject to such alteration, in form or size, as the Mayor and Aldermen at any future period may deem absolutely essential, to give effect to the equality of population contemplated among the several wards. Sec. 3d. And be it further enacted , That it shall moreover be the duty of the present Intendant and Commissioners, above referred to, by public and general notice, to inform the citizens of Milledgeville, and those within the corporate limits, of such alterations in the wards, and to invite the voters to convene at the Court house in the city of Milledgeville, between the hours of 10 o'clock, A. M. and 4 o'clock, P. M. on the first Saturday in January next, for the election of six Aldermen, in lieu of an Intendant and Commissioners, as heretofore;
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at which election, there shall be opened, under the direction of the Superintendents, a poll for each of said six wards, and no one shall be permitted to vote at any one of said polls, who does not, in addition to the other qualifications required by the acts to which this is amendatory, reside within, and is domicilated in said ward for which he offers to vote; and no voter shall be entitled to vote for more than one Alderman. Sec. 4. And be it furher enacted , If, at any time, after the first election of Aldermen, herein provided for, it should, in the judgment of that, or any other Board of Aldermen thereafter to be elected, appear conducive to the interests of the City, and should be desired by a majority of the residents of any three wards, that the elections should take place in the several wards of the city, instead of at the Court house, the Aldermen then in office at the time of the application for the change in the manner herein provided for, be, and they are hereby, in such case, authorized to designate, by ordinance, the several places and times in the several wards, at which such elections shall be held, which ordinance shall be published in at least two of the newspapers of Milledgeville, at least ten days before the period of election. Sec. 5th. And be it further enacted , That if said election should not be held at the time and place herein specified, the Intendant and Commissioners now in office, shall appoint such other period for the elections, as they may deem most promotive of the interests of the City, making publication thereof, in two gazettes at least, of the City. Sec. 6th. And be it further enacted , That the next election thereafter for Aldermen for the City of Milledgeville, shall be held on the first Saturday in December, 1837, and annually, on the first Saturday in December thereafter, between the hours of 10 A. M. and 4 P. M. ten days notice of which annual municipal election, shall be given in the mode herein before prescribed. Sec. 7th. And be it further enacted , That the several elections or polls for Aldermen, shall be superintended by six free-holders, or other reputable persons, who shall severally, and previous to opening the polls, administer to each other, the following oath: You, A. B. do solemnly swear, that you will honestly, and justly, and impartially, superintend the several elections for Aldermen, on this day, and that you will not permit any illegal vote to be given at said election, with your knowledge or consentso help you God.
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Sec. 8th. And be it further enacted , That it shall be the duty of said Superintendents, or a majority of them, to give to the six several persons receiving the highest number of votes in said wards, a certificate of election, designating in such certificate, the number of the ward for which such person may have been elected an Alderman; and in the event of a tie in the poll for any ward, it shall be the duty of the Mayor to order an election to decide the contest, which said election shall take place within five days thereafter. Sec. 9th. And be it further enacted , That when the Aldermen shall have been severally chosen by the votes of the respective wards, the said Aldermen shall convene in their hallroom, at some suitable time thereafter, and elect from their body a Mayor, a majority being necessary to a choice of such Mayor. Sec. 10th. And be it further enacted , That whenever a vacancy may occur by death, resignation, or removal from the ward, for which such Alderman was elected, it shall be the duty of the Mayor and remaining Alderman to fill such vacancy with some reputable resident of said ward. Sec. 11th. And be it further enacted , That if any person shall vote knowingly at any other than the poll opened for the ward in which he resides, and is domiciliated, for an Alderman, or shall vote when not entitled to such privilege, such person shall be deemed to have committed a misdemeanor, and liable to indictment therefor, and to be imprisoned upon conviction therefor, not exceeding one month in the common jail of Baldwin county, or to a fine not exceeding five hundred dollars, nor less than fifty dollars. Sec. 12th. And be it further enacted , That the said Mayor and Aldermen, be, and they, and each of them, are hereby invested with all the powers of Justices of the Peace, in relation to crimes and misdemeanors, in so far, that for all violation of the laws of this State, or of any of the ordinances, heretofore established for the town of Milledgeville, or to be established for the City of Milledgeville, which do not conflict with the laws or constitution of this State; they and each of them shall have authority to arrest such violator of the laws or ordinanances as aforesaid, by warrant without affidavit, where such offence in its commission may have fallen within the observation or knowledge of such Mayor or Alderman; and when such violation did not fall within the observation or knowledge of such Mayor or Alderman, then, and in such case, a warrant
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may issue for the apprehension of the affender, upon affidavit: Provided , that the warrant or warrants so issued, in pursuance of the provisions of this act, shall plainly and distinctly set forth the charge or accusation, and the time when, and place where, such violation is alleged to have occurred, which warrants when executed by the Sheriff of Baldwin county, or his deputythe marshal, or deputy marshal of the City, or any constable of the county of Baldwin, shall be returnable before the Mayor and Aldermen, a majority of whom may proceed to take examinations as to the alleged violation, and commit, bail, or discharge the accused, according to legal principles, and the powers of Justices of the Peace. Sec. 13. And be it further enacted , That it shall be the duty of the ministerial officers and each of them, in the 12th section named, truly and faithfully to execute the warrants committed to them for service, according to their mandates, and it is moreover, made the duty of the Jailor of Baldwin county, to receive all prisoners committed by warrant of the Mayor and board of Aldermen, or a majority of them, and the person or persons so committed, safely to keep confined, until delivered therefrom by due course of law. Sec. 14. And be it further enacted , That the said Mayor and Aldermen are hereby invested with all the powers, authorities, immunities, privileges, rights and jurisdiction hitherto conferred by the several acts of force [Illegible Text] relation to the corporation of Milledgeville, and with full authority to levy and collect such taxes upon such property as is made taxable by the laws of the State; and if in their discription it is advisable, in lieu of road and patrol duty, to improve upon such white persons, as are liable to the performance of the same, and upon all male free persons of color and sleeves liable to the performance of labor on the roads, such poll tax, as the necessities of the service may demand: Provided , such poll tax does not exceed the amount of tax imposed by the ordinance for 1836; and the said Mayor and Aldermen are invested with the authority to raise the tax contemplated, by a specific per cent, or by a per cent ad valorem , upon all property, real or personal, choses in action or possession, money, stocks of every description, or other securities owned in said city or its corporate limits, employed therein, whether in the hands of agents, trustees, executors or administrators, or other person or persons whatsoever, as may be necessary for the annual service of the body politic.
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Sec. 15. And be it further enacted , That whenever in she judgment of the Mayor and Aldermen, it will conduce to the comfort or ornament or improvement of the City of Milledgeville, in any of the squares thereof, (not squares set apart for public purposes) that lanes or alleys should be opened through them; they are hereby authorized to cause the same to be opened, not to exceed in width, fifteen feet, and parellel with the course of Jefferson street in said City; and the lot owner through whose lots such lane or alley shall be opened for the common benefit, shall upon application to the Mayor and Aldermen, be entitled to receive out of the municipal funds, the full value of the property so taken for public uses; and in the event of disagreement as to that value, the question shall be referred to the arbitrament of four disinterested and impartial persons; two of whom, shall be chosen by the person seeking indemnity, and two by the board of Aldermen, who shall in case of division, call in an umpire, and the award side by the majority of the referees, shall be binding and obligatory upon the corporate authorities and the aggrieved lot holder. Sec. 16. And be it further enacted , That the Mayor and Aldermen are hereby invested with a general jurisdiction and superintendence over the public squares, streets, lanes, alleys of said City; and are hereby authorized to cause to be removed, all buildings, fencing or other thing erected on said squares without legislative authority for so doing, and to inhibit the same from being used as wagon yards, or for other improper purposes, and to take such measures for the improvement and ornament of said squares as will not conflict with the just and proper exercise of the uses to which they have been set apart. Sec. 17. And be it further enacted , That the Mayor and Aldermen are invested with full power and authority to dispose of the common appendant or appartenant to the City of Milledgeville, by lease or otherwise, and for such period, or periods of time as they may deem most conducive to the future growth and prosperity of said City, in quantities not exceeding ten acres in any one body, with intersecting streets, in width between said lots, of not less than eighty feet, nor more than one hundred feet: Provided , nothing in this act shall be so construed as to authorize the said Mayor and Aldermen to lay off or dispose of by lease, or otherwise, of the land lying between the Oconee river and the most easterly line of acre lots in said City.
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Sec. 18. And be it further enacted , That it shall be the duty of said Mayor and Aldermen, to cause to be marked out and opened, of one hundred feet in width, four streets on the outer boundaries of the acre lots sold by the State or under its authority, one to be denominated North common street, one South common street, one East common street, and one West common street. Sec. 19. And be it further enacted , That whenever any complaint shall be made in writing, by any person owning or renting real property within the corporate limits of said City, to the Mayor and Aldermen, stating that any street, road, avenue, lane or alley, within said limits, is obstructed by timber, firewood, lumber, hogsheads, barrels, boxes, horse blocks, racks, cotton bags, fencing, or other thing, it shall be the duty of the Mayor and Aldermen to cause such obstruction to be promptly removed at the expense of the person or persons causing the obstruction, and they are hereby authorized to issue execution for the amount of expense incurred by the corporation in effecting a removal of such obstruction, and to raise the amount thereof by levy and sale, out of the property of the person or persons causing the obstruction; such levy when made, to be advertized fifteen days before sale day, at the Court house in said City of Milledgeville. Sec. 20. And be it further enacted , That it shall be the especial care and duty of said Mayor and Aldermen, to protect the health of the citizens, by causing all nuisances to be removed and abated, and to prohibit the further waste and destruction of the young forest growth, intervening between the City and the Oconee river, the creeks and the river, and it shall moreover be their duty to adopt such measures and employ such means, as are incidental to the general powers and police of Cities, for the prevention of the spread, and for the extinguishment of fires and the preservation of property on such occasions. Sec. 21. And be it further enacted , That in addition to the customary and usual officers of the corporation, the Mayor and Aldermen shall appoint a sexton, and fix his fees by ordinance, and specify his duties, and place in his care, the grounds set apart for the interment of the dead, and shall moreover out of the City funds, provide such hearses as may be deemed necessary. Sec. 22. And be it further enacted , That the said Mayor and Aldermen before they enter upon the duties of their appointment,
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shall each take the following oath: I, A. B. do solemnly swear, that I will cause this act, and all others of force in relation to the corporation of Milledgeville and the ordinances in pursuance thereof, to the best of my ability, to be faithfully observed and executed. Sec. 23. And be it further enacted , That the said Mayor and Aldermen may enforce the collection of the taxes imposed in pursuance of the acts of force in relation to the corporation of Milledgeville, by execution against the property of the person taxed, or by a capias ad satis faciendum , when the first shall have been returned, No property to be found, from the operation of which capias, the defendant may be released upon a compliance with the laws of this State in relation to such process issued upon judgment in the Superior and Inferior Courts of the State; and the said Mayor and Aldermen shall fix by ordinance, the costs for the issue of executions, the levy thereof, for all other proceedings in relation to the collection of taxes thereby. Sec. 24. And be it further enacted , That it shall be the duty of the said Mayor and Aldermen, to cause an annual exhibit of their actings and doings to be published previous to the municipal elections of said City. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30th, 1836. AN ACT, To compel the Clerks of the Superior and Inferior Courts of Montgomery County, to keep their offices at the Court House in said County, or within one mile thereof. Sec. 1st. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the first of January, one thousand, eight hundred and thirty eight, the Clerks of the Superior and Inferior Courts of the county of Montgomery, shall be, and they are hereby required, to keep their offices at the Court House in said county, or within one mile thereof.
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Sec. 2d. And be it further enacted by the authority aforesaid , That for every three months neglect or refusal by the Clerks aforesaid, to comply with the requisitions of this act, they shall forfeit and pay the sum of twenty dollars, to be collected by any Court in the county, having jurisdiction thereof, which, when collected, shall become a part of the county funds. Sec. 3rd. And be it further enacted by the authority aforesaid , 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. 26, 1836. CLERKS AND SHERIFFS. AN ACT, To regulate the advertising of the Clerks, Sheriffs and other County Officers of the Southern, Flint, Ocmulgee and Western Circuits, so far as it relates to the County of Gwinnett. 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 an act, assented to, the 22d of December, 1834, as requires the Clerks, Sheriffs, and other Officers of the county of Gwinnett, to insert their advertisements in the Southern Banner, published in Athens, Georgia, be, and the same is hereby repealed. Sec. 2. Be it further enacted , That the said Clerks, Sheriffs, and other Officers, of the county of Gwinnett, be, and they are hereby authorized to insert their advertisements in any paper published in the Western Circuit, or in Milledgeville, by their giving the notice of any change of paper heretofore required by law; 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, Dec. 30, 1836.
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COLLEGES AN ACT, To incorporate the Southern Baptist College, at Washington, Wilkes County. 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, established for the promotion of these important objects: Sec 1st. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby exacted by the authority of the same , That from and immediately after the passage of this act, Jesse Mercer, Wm. H. Stokes, Wm. H. Pope, Charles L. Bolton, Nicholas Wiley, F. McLendon, Charles M. Irvin, I. T. Irvin, Wm. A. Mercer, Henry Pope, R. J. Dickinson, Thomas G. James, Thomas Stocks, B. M. Sanders, Andrews Battle, J. G. Polhill, C. D. Mallary, Lott Warren, Dr. W. B. Stevens, Thomas J. Heard, J. B. Walker, Mark A. Cooper, T. B. Slade, John Ross, Wm. H. Turpin, J. H. T. Kilpatrick, Henry H. Furman, George Walthour, J. Harris, A. T. Holmes, J. W. Hooper, 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 Southern Baptist College, to be located in the town of Washington, Wilkes County, Georgia; 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 college; Provided , such by-laws and regulations be not repugnant to the Constitution or laws of the State, or of the United States. Sec. 2nd. 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 College; and they shall also have power to fill their own vacancies. Sec. 3rd. And be it further enacted , That this Board of Trustees, shall consist of thirty-one persons, all members of regular Baptist Churches, to be appointed once in three years. This appointment shall be made by the executive committee of
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the Baptist Convention of the State of Georgia, from fifty persons previously nominated by said Convention: Provided , in case the Convention should cease to nominate, and the committee to appoint, the Trustees may have power to perpetuate their body, according to the terms of the charter. Sec. 4th. And be it further enacted , That seven of the said Board of Trustees, shall live in the town of Washington, or its vicinity, and that seven of the thirty-one, may form a quorum, for the transaction of ordinary business. Sec. 5th. And be it further enacted , That the said Board of Trustees shall have authority to confer literary degrees. Sec. 6th. 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, to have and to hold the same, for the proper use and benefit of said institution. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 29, 1836. AN ACT, To incorporate Emory College, to be located in the county of Newton. Sec. 1st. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Ignatius A. Few, Lovick Pierce, Charles Hardy, William J. Parks, Elijah Sinclair, Samuel K. Hodges, Samuel J. Bryan, Alexander Speer, George F. Pierce, Charles H. Saunders, David P. Hillhouse, William P. Graham, Seaborn Jones, Joseph A. Eve, Iverson L. Graves, Lucius Wittich, and John Park, be, and they are hereby appointed Trustees of a college, to be established in the County of Newton, in this State which shall be known and called by the name of Emory College. Sec. 2d. And be it further enacted by the authority aforesaid , That the aforesaid Trustees, and their successors in office, or a majority of them, shall have power and authority to
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make such by-laws and regulations as may be necessary for the government of said College: Provided such laws and regulations be not repugnant to the Constitution and laws of this State. Sec. 3. And be it further enacted , That the said Trustees and their successors in office, under the name and style of the Trustees of Emory College, may use a common seal, and shall be, and are hereby declared to be capable in law or equity, of suing and being sued; pleading and being impleaded; contracting and being contracted with; 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 College; for receiving all grants, gifts, bequests, devises, or conveyances of property of all descriptions whatever. Sec. 4th. And be it further enacted , That the said Trustees and their successors in office, shall be entrusted with, and entitled as such, to have and to hold all manner of property, both real and personal; all donations, grants, gifts, bequests, legacies, privileges and immunities whatever, which may now belong to said College, or which may hereafter be made or conveyed to it; and no misnomer of the corporation shall prevent its rights from vesting, whenever it shall appear, or can be ascertained, that it was the intention of the party or parties, to sell, give, or bequeath any right, or interest to the said corporation. Sec. 5th. 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 appoint and remove all officers connected with the said College, and to compel them to give bond and security, according to the by-laws of the institution; and that the said Board of Trustees, and their successors in office, shall have power and authority to remove any member of their Board, for the violation of their by-laws: Provided , that no member of the Board, shall be removed, until he shall be sufficiently indemnified against all responsibilities for the payment of money, which he or they may have incurred as Trustee or Trustees aforesaid. Sec. 6th. And be it further enacted , That the President of the said College, with the consent of the Professors and Trustees, shall have power and authority to confer and award all such honors, degrees and licenses, as are usually conferred in Colleges and Universities.
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Sec. 7th. And be it further enacted , That when any vacancy shall happen in said Board of Trustees, the Georgia Annual Conference of the Methodist Episcopal Church, when in Conference assembled, shall have power and authority, to fill such vacancies as shall or may happen, by the death, resignation, or removal of Ignatius A. Few, Lovick Pierce, Charles Hardy, William J. Parks, Elijah Sinclair, Samuel K. Hodges, Samuel J. Bryan, Alexander Speer and George F. Pierce; and any vacancies that may happen by the death, resignation, or removal of any person or persons appointed by the said Conference to succeed them, from time to time, and that the certificate of the presiding officer of said Conference, for the time being, attested by the Secretary thereof, shall be sufficient evidence of said appointment, and that all other vacancies be filled by the said Board of Trustees. Sec. 8th. And be it further enacted , That should the said Trustees, or a majority of them, believe that the prospective interests of the aforesaid College, will be increased, by locating it in any county in this State, other than the county of Newton, they shall be, and are hereby empowered to fix the site of said College, in any county in this State, any thing in this act contained, 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. 10, 1836. AN ACT, To incorporate the Georgia Female College, located in the city of Macon. Sec. 1st. Be it enacted by the Senate and 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 O. Andrew, Samuel K. Hodges, John W. Tally, Ignatius A. Few, William J. Parks, Lovick Pierce, William Arnold, Alexander Spear, Thomas Samford, George W. F. Pierce, Elijah Sinclair, Henry G. Lamar, Jerry Cowles, Robert Collins, George Jewett, Ossian Gregory, Everard Hamilton, Henry Solomons, Augustus B. Longstreet, Walter T. Colquett
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and James A. Nesbit, and their successors in office, be, and they are hereby constituted a body corporate and politic, by the name of the Georgia Female College. Sec. 2nd. And be it further enacted , That the Trustees and their successors in office, under the name and style aforesaid, may use a common seal, and shall be capable of suing and being sued; pleading and being impleaded; also, to have, take, possess, and acquire, by gift, grant, or purchase, lands, tenements, hereditaments, goods, chattels, and other estates; and the same to use, lease, improve, and convey, in fee simple. Sec. 3rd. And be it further enacted , That the Trustees aforesaid, shall be empowered to receive all gifts, grants, legacies, privileges, and immunities, which now belong to said college, or which hereafter may be made or bequeathed to it, and no misnomer of the corporation, or other technical error, shall prevent its right from vesting wherever it may appear, or shall be ascertained, that it was the intention of the party or parties, to give, grant, or bequeath any property, real or personal, or any right or interest to the said corporation. Sec. 4th. And be it further enacted , That the Trustees aforesaid, and their successors in office, shall have power and authority to horrow money, negotiate loans, or enter into any contract, or contracts, which they, or a majority of them, shall deem necessary to, and for the use of said college, and to secure said contracts, loans, or other negotiations, by pleading or mortgaging the property of said institution, or in any other way which they, or a majority of them, shall or may determine. Sec. 5th. 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 all such laws, rules, and regulations for the government of said college, as they may deem fit and proper: Provided , nothing in such by-laws, rules, and regulations, be repugnant to the constitution and laws of the State of Georgia, or United States. Sec. 6th. And be it further enacted , That the Trustees aforesaid, in their corporate character and name, shall have perpetual succession, and where any vacancies shall occur in said board of Trustees, by death, resignation, or otherwise, the remaining Trustees, or a majority of them, shall have the power of filling such vacancies. Sec. 7th. And be it further enacted by the authority aforesaid , That the Trustees, or a majority of them, shall have the power of appointing a president, professors, secretary, treasurer,
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and steward, and all other officers they may think necessary for said college; and the same, or any of the same, to discontinue and remove where they may think fit: Provided , a majority of the board of Trustees concur in such removal. Sec. 8th. And be it further enacted , That the Trustees shall prescribe the course of studies to be preserved and taught in said college; appoint and fix the salaries of the different officers; establish the rates of tuition; adjust the expenses, and adopt such regulations, not otherwise provided for, as the good of the college may render necessary. Sec. 9th. And be it further enacted , That the President of the college, by, and with the consent of the Trustees, shall have power to confer all such honors, degrees, and licenses, as are usually conferred in colleges or universities, and shall preside at all meetings of the Trustees, and at all the public exercises of the college. Sec. 10th. And be it further enacted , That all meetings of the Board of Trustees shall be held in the city of Macon, and a majority of the Trustees living, shall at all times, be competent to transact any business appertaining to the college, and to exercise all powers, privileges, and duties, hereinbefore conferred on the board of Trustees. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Goernor. Assented to, Dec. 23, 1836. COUNTY SITE. AN ACT, To authorize the Justices of the Inferior Court of Pulaski county, to remove the public buildings of said county, from Hartford to Hawkinsville, and also to incorporate the town of Hawkinsville, and 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 from and after the passage of this act, the Justices of the Inferior Court for the county of Pulaski, are authorized and empowered to purchase suitable lots in the town of Hawkinsville, in said county, and after giving sixty days notice in one or
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more of the public Gazettes of the State, proceed to let out to the lowest bidder, the building of a Court House and Jail on said lots. Sec. 2. And be it further enacted, by the authority aforesaid , That Robert N. Taylor, David B. Halsted, Bryan W. Collier, James D. Jelks, and James M. Bracewell, be, and they are hereby appointed commissioners of said town of Hawkinsville, 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 may deem necessary and expedient, for the well governing and good order of said town, and shall have full power and authority to appoint such officers as they may deem necessary to carry such by-laws, rules and regulations into full 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, eighteen hundred and thirty-eight, 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, are hereby authorized to assemble at the most convenient place in said town, and choose by ballot, five commissioners, who shall continue in office for one year, or until their successors are elected, and such commissioners shall be eligible for re-election. Such election shall be held by one Justice of the Inferior Court or a Justice of the Peace of said county of Pulaski. 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 said town of Hawkinsville, by giving ten days notice of the same, and all vacancies which may occur in said board of commissioners shall be filled in like manner, agreeably to the provisions of this act, 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, Dec. 27, 1836.
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AN ACT, To repeal an act, to remove and make permanent, the county site of Paulding 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 act, entitled an act, to remove, and make permanent, the county site of Paulding county, assented to, the 23d day of December 1833, 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, Dec. 24, 1836. AN ACT, To compensate certain commissioners 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 it shall be the duty of the Treasurer of the county of Lowndes, to pay out of the county funds, to Henry Strickland, John Knight, Samuel M. Clyett, and Jared Johnson, the sum of two dollars each, for each day that they may have been employed, as commissioners, in determining on a suitable site for the public buildings of said county; also, the like sum per day, for each day they have been, and shall be employed, in laying out said public site into lots, and in disposing of the same; for such time as they may be engaged in letting the contract for building the Court House and Jail, and for superintending the building of the same, 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. 29, 1836.
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AN ACT, To remove the site of the Court House of the county of Appling, to some central point in said county of Appling. Whereas, the Grand Jury of the county of Appling, have, in their presentment, recommended, and a majority of the voters of said county have petitioned to have the Court House removed to some central point in said county: Sec. 1st. Be it enacted by the Senate and 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 Smith, William Hand, Henry Bennett, Solomon Morgan, Wilson Barksley, Lazarus Robinson and James Carter, be, and they are hereby appointed Commissioners to consider and determine on the propriety of removing the Court House of Appling county, to some central point in said county; and, if it is deemed proper by the said commissioners to remove the said Court House, it shall be the duty of the said commissioners to ascertain the centre of said county, as near as convenience will admit. Sec. 2. And be it further enacted by the authority aforesaid , That the commissioners, or a majority of them, shall have full power and authority to contract for the building of a new Court House at the place so pointed out by them to be the centre of said county. Sec. 3. And be it further enacted by the authority aforesaid , That the said commissioners are hereby authorized to demand of the Treasurer of said county, any money that is in his possession, whose duty it shall be, to pay over to the said commissioners, any money belonging to said county, not otherwise appropriated, to the said commissioners, for the purpose of building a Court House; in case there should be a contract entered into by the said commissioners, 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. 24, 1836.
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AN ACT, To remove the site of the Public Buildings in the county of Liberty, from Riceborough, to the General Parade Ground, (Azoucks' old field) or within one mile thereof, and to vest in the Commissioners herein appointed, full and ample power to accomplish the same, and to provide for the payment of the expense of purchasing lands, and erecting suitable buildings thereon, and to make the same, the permanent site where general business shall be transacted. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and il is hereby enacted by the authority of the same , That John Shaw, Newman Bradley, Enoch Daniel, Edwin H. Bacon, and William J. Way, be, and they are hereby appointed commissioners for the purpose of taking all measures which they, or a majority of them may think proper, towards the change or removal of the present county site of Liberty county, to the general parade ground, (Zoucks' old field) or within one mile of it; and with a view to the full and complete effectuation of the wishes of a majority of the voters of said county of Liberty, in this matter, the said committee are hereby authorized and empowered to purchase at the expense, and for the benefit of the county, such quantity of land, at or near the place herein designated, for the purpose of erecting thereon, a Court House, Jail, and such other public buildings as are required by public convenience, and to lay off around such Court House, such town lots as they may deem expedient, and to advertise and sell the same, after having given thirty days notice by public advertisement, upon such terms as in their judgment will most contribute to the benefit of said county of Liberty. Sec. 2nd. And be it further enacted , That the proceeds of the sale of such town lots as may be sold by the commissioners, herein appointed, shall, when collected, be paid over to the county treasurer, or Justices of the Inferior Court of said county, in the event there is no county treasurer. Sec. 3rd. And be it further enacted , That the commissioners herein named, or a majority of them, at any time after the passage of this act, are hereby empowered to draw, by their written order, upon the person or persons having the custody of the county funds, for such sum or sums of money, as they may think necessary, to carry into effect, the powers conferred upon them in the premises, and it shall be obligatory on
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such officer, or persons holding such funds, to pay such order whenever drawn, until the county funds shall be exhausted. Sec. 4th. And be it further enacted , That the Justices of the Inferior Court, are hereby authorized to sell and dispose of the present Jail, and Jail lot, in Riceboro.' Sec. 5th. And be it further enacted , That whenever the public buildings contemplated in this act, shall have been erected, or are in such a condition that public business may be transacted therein, it shall be the duty of the commissioners herein appointed, to notify in writing, the Justices of the Inferior Court of the same; which said Justices, thereupon, shall order, direct, and superintend, the removal of all the public, and county, and Court records, which are now kept at Riceborough, to the new site. Sec. 6th. And be it further enacted , That the Superior and Inferior Courts of said county of Liberty, and such other Courts as pertain to the county, (Justices Courts being excepted,) shall after such notice, be held at the times fixed by law, at said new site. Sec. 7th. And be it further enacted , That Riceborough, be and is hereby declared a precinct election ground; elections at which place, are to be conducted, as elections at the other precincts in the county, all 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, Dec. 30th, 1836. AN ACT, To change the name of the county site of Walker county, from that of Chatooga, to Lafayette, and to make the inhabitants of said town (that are liable to work on roads by law) liable to work on the several roads in the district in which said town is situate. 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 county site of the county of Walker, shall be known and called by
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the name of Lafayette; any law, usage or custom to the contrary nothwithstanding. Sec. 2. And be itfurther enacted , That every inhabitant of said town, that is liable to work on roads by the laws of this State, are hereby declared to be liable to work on the several roads in the district in which said town is situate. Sec. 3. 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, Dec. 30th, 1836. COUNTIES. AN ACT, To be entitled an act to add David Clark and Jacob Purcell, citizens of Habersham county, to the county of Franklin. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That David Clark and Jacob Purcell, now citizens of Habersham county, be, and they are hereby made citizens of, and attached to the county of Franklin. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 28th, 1836.
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COURTS. AN ACT, To provide for closing the business of the late Mayor's Court of the City of Macon. Whereas, the Honorable Robert A. Beall, late Judge of said Court, hath departed this life, leaving a portion of said business undisposed of: and, whereas, the said Court has also been abolished, for reason 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 aforesaid , That the Clerk and Sheriff of said Court, be liable and amenable to the process of the Superior Conrt of Bibb county, and subject to be ruled in said Court, in the same manner as if they were respectively officers of said Court, so far as the unfinished business of their respective offices is concerned. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 26, 1836. AN ACT, To change the time of holding the Superior and Inferior courts of the Cherokee Circuit. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Superior courts of the Cherokee circuit, shall be as follows: In the county of Paulding, on Wednesday before the second Monday in February and August. In the county of Cass, on the second Monday in February and August. In the county of Cherokee, on the third Monday in February and August. In the county of Forsyth, on the fourth Monday in February and August. In the county of Lumpkin, on the first Monday in March and September.
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In the county of Union, on the second Monday in March and September. In the county of Gilmer, on Wednesday after the second Monday in March and September. In the county of Murray, on the third Monday in March and September. In the county of Walker, on the fourth Monday in March and September. In the county of Floyd, on the first Monday in April, and Tuesday after the first Monday in October. The Inferior Courts shall be held as follows: In the county of Paulding, on the same Monday in May and November. In the county of Cass, on the fourth Monday in May and November. In the county of Cherokee, on the first Monday in June and December. In the county of Forsyth, on the second Monday in June and December. In the county of Lumpkin, on the third Monday in June and December. In the county of Union, on the fourth Monday in June and December. In the county of Gilmer, on the first Monday in July and January. In the county of Murray, on the second Monday in July and January. In the county of Walker, on the third Monday in July and January. In the county of Floyd, on the fourth Monday in July and January. Sec. 2. And be it further enacted by the authority aforesaid , That, all writs, processes, subp[UNK]nies and citations, or recognizances, issued, or which shall hereafter issue, for the next ensuing term of the Superior and Inferior Courts of the said Cherokee Circuits, shall be held and considered as returnable to the terms of said Court, as contemplated by this act, as good and valid in law. And all officers, suitors, witnessess,
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parties and jurors, shall be held and bound to attend said Courts, on the times herein specified, in like manner as they would have been bound to attend said Courts, had this act not been passed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY Governor. Assented to, Dec. 23, 1836. AN ACT, To authorize a special Session of the Superior Court of Bryan county. Whereas, in consequence of the sickness of Judge Charlton, there was no Court held in Bryan county, at the regular term for December, 1836: Therefore, Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the said Court shall sit on the first Monday in February next; and that all cases for trial at the said last term, shall stand for trial at that term; that jurors and witnesses, summoned for the last term, shall be re-summoned for the said first Monday in February next; and that all writs returnable to the said term of December instant, shall be taken and considered at the said special term, as at the first or appearance term. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 29, 1836. AN ACT, To alter and change the time of holding the Superior and Inferior Courts of the county of Baldwin. 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 time
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of holding the Superior Courts in the county of Baldwin, shall be on the first Monday in May and November, in each and every year. Sec. 2. And be it further enacted , That the time of holding the Inferior Courts of said county, shall be on the first Mondays in February and August in each and every year. Sec. 3. And be it further enacted by the authority aforesaid , That all persons summoned, subp[UNK]nied, or bound as suitors, witnesses, jurors, or in any other capacity, to attend said Courts, at the times, which by law, now in force, are holden, shall be bound by virtue of said summons, subp[UNK]nas, or other process, heretofore issued, to attend said Courts as altered by this act. Sec. 4. And be it further enacted by the authority aforesaid , That all writs, precepts and processes, of any kind or nature whatever, shall be made returnable to the terms heretofore recited. Sec. 5. 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, Dec. 26th, 1836. AN ACT, To alter and fix the time of holding the Superior Courts of the Coweta Circuit, and the Inferior Court of the County of Houston. 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 time for holding the Superior Courts of the Coweta Circuit, shall be as follows: In the county of Merriwether, on the fourth Monday in February and August. In the county of Coweta, on the first Monday in March and September.
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In the county of Fayette, on the second Monday in March and September. In the county of DeKalb, on the third Monday in March and September. In the county of Cobb, on the fourth Monday in March and September. In the county of Campbell, on the first Monday in April, and on Tuesday after the first Monday in October. In the county of Carroll, on the second Monday in April and October. In the county of Heard, on the third Monday in April and October. In the county of Troup, on the fourth Monday in April and October. Sec. 2. And be it further enacted, by the authority aforesaid , That from and after the passage of this act, the time for holding the Inferior Court of Houston county, shall be onthe fourth Monday in March and September. Sec. 3. And be it further enacted by the authority aforesaid , That all persons summoned, subp[UNK]nied, or bound as suitors, witnesses, jurors, or in any other capacity, to attend said Courts, shall be bound by virtue of said summons, and subpoenies, or any other process heretofore issued, to attend said Courts as altered by this act. Sec. 4. 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, Dec. 29, 1836. AN ACT, To authorize the Inferior Court of Cass county, to remit a forfeiture incurred by Joseph Lynch, Andrew Adair and James A. Thompson, as sureties for the appearance of one Martha Hicks, on an indictment, for larceny from the house, in Cass Superior Court. 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 Inferior Court of the county of Cass, or a majority of them, are hereby authorized, if they deem proper, to remit the whole, or any part of a forfeiture and judgment, incurred by Joseph Lynch, Andrew Adair and James A. Thompson, as securities for the appearance of Martha Hicks, on an indictment for larceny from the house, in Cass Superior Court: Provided , the said Joseph Lynch, Andrew Adair and James A. Thompson, shall in no case be exonerated from the payment of said forfeiture and judgement, until they shall make it satisfactorily appear, that they have paid all costs that have accrued thereon. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY Governor. Assented to, Dec. 24, 1836. AN ACT, To alter the times of holding the Superior Courts for the counties of Emanuel, Scriven and Jefferson, in this State, in the fall of the year. Sec. 1st. Be it enacted by the Senate and 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 Superior Court for the county of Emanuel in this State, shall hereafter be held in the fall of the year, on the third Monday in October in each and every year, instead of the Thursday after the second Monday in October, the time now prescribed by law; and the Superior Court for the county of Scriven, shall be held on the fourth Monday in October, instead of the third Monday in October, as now by law prescribed; and the Superior Court for the county of Jefferson, shall be held in the fall of the year, on the second Monday in November, in each and every year, instead of the fourth Monday in October, as now by law prescribed. Sec. 2nd. 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, Dec. 24, 1836. COURTS AND CORPORATIONS. AN ACT, To amend the several acts in relation to the city of Angusta, and the Court of Common Pleas of said city. 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 the City Council of Augusta, to pas such ordinances as they may deem proper, regulating free persons of colour in said city, and slaves living separate and apart from their owners in said city, and in relation to slaves hiring their own time, or working for themselves within said city and also, to levy and collect such taxes as they may think proper, against, and from such free persons of color or the owners of such slaves. Sec. 2. And be it further enacted by the authority aforesaid , That it shall, and may be lawful for the said City Council to subscribe for, hold and transfer at pleasure, any stock of any of the incorporated companies of this State, and to borrow upon the credit of the said city, any sum or sums of moneys at such times, and in such way and manner as they may doem proper. Sec. 3. And be it further enacted by the authority aforesaid , That from and after the first day of January next, the Court of Common Pleas of said city, shall have jurisdiction of all cases where the defendants reside in said city, in which the debt, (exclusive of interest,) or damages claimed, shall be above the jurisdiction of a Justices Court, and shall not exceed the sum of five hundred dollars; and of all claim causes, where personal property is levied on under executions from said Court. Sec. 4. And be it further enacted by the authority aforesaid ,
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That the Judge of said Court, or the Mayor, or any member of the council of said city, shall be authorized to issue warrants directed to the Sheriff of said city, authorizing him to distrain for rent in arrears Provided , the sum claimed be within the jurisdiction of said court, and all subsequent proceedings shall be the same in said Court, as if the said warrants had been issued by a Judge of the Superior, or Justices of the Inferior Court. Sec. 5. And be it further enacted by the authority aforesaid , That the sessions of said Court, shall, after the first of January next, be quarterly namely, on the second Monday of February, May, August, and November, in each year, and that, in all cases where the defendants shall fail to plead, judgment may be entered by the Court at the first term, upon proof of the plaintiff's claim or demand, but the defendant shall be allowed an appeal from such judgment within the time, and in the manner now prescribed by law. Sec. 6. And be it further enacted , That all mortgages upon personal property, for an amount within the jurisdiction of said Court, may be foreclosed in the said Court, in the same way and manner, as in the Superior or Inferior Court, and all subsequent proceedings thereon, shall be in said Court, and such as are prescribed by the law now of force. Sec. 7. And be it further enacted by the authority aforesaid , That in all cases of the return of any distress warrant or mortgage execution, to said Court, for further proceedings, the same fee shall be paid by the plaintiff, as in other cases of like amount. Sec. 8. And be it further enacted , That all suits in said Court shall be commenced at least ten days before the time to which they are returnable, and the process shall be served on the defendants at least eight days before the session of said Court. Sec. 9. And be it further enacted by the authority aforesaid , That from and after the first day of January next, the said City Council shall pay to the Judge of the Court of Common pleas, a salary, annually, of one thousand dollars, in payments of two hundred and fifty dollars each, immediately after each of the sessions of the said Court, limited and appointed in this act, and that the Clerk of said Court shall pay over to the said City Council immediately after each session, all fees which the Judge of said Court is now allowed by law. Sec. 10. And be it further enacted by the authority aforesaid ,
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That from and after the passage of this act, the first section of the act passed on the twenty-first day of December, eighteen hundred and twenty, so far as the same limits the price of retail licences in said city of Augusta, be, and the same is hereby repealed. Sec. 11. And be it further enacted by the authority aforesaid , That from and after the passage of this act, the said City Council, in consideration of their being required to pay the aforementioned salary to the Judge of the Court of Common Pleas, shall be authorized to retain for the use of said city, until the Legislature shall otherwise direct, all auction duties now collected by them for the State, and sales made in said city. Sec. 12. And be it further enacted by the authority aforesaid , That from and after the passage of this act, it shall not be lawful for the City Council aforesaid, to appoint or elect any one of their body, to any office within said city. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836. ELECTION PRECINCTS. AN ACT, To establish Election Precincts in the counties of Hancock, Putnam and Paulding, and to change an Election Precinct, in the county of Paulding. Sec. 1st. Be it enacted by the Senate and 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 of President and Vice President of the United States, Senators and Representatives to the Legislature, and all County Officiers at the store-house of E. Gardner, in the village of Powelton, Hancock county, and at the store-house of Robert Ruby, in the county of Putnam, in the 367th district.
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Sec. 2d. And be it further enacted , That the elections that may be held at the 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 said counties. Sec. 3. And be it further enacted by the authority aforesaid , That the precinct heretofore established at Pleasant Grove, in Paulding county, shall be removed to, and permanently located at the house of James M. Nettles, in said county; Also, that a new precinct be established at the house of Michael S. Andrews, in said county of Paulding. Sech. 4t. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and they are repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 27, 1836. AN ACT, To regulate Election Precincts in the several counties herein 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 aforesaid , That from and after the passage of this act, it shall and may be lawful for elections for Governor, Electors of President and Vice President of the United States, Representatives in Congress, Members of the Legislature, and County Officers, to be held at the following places, viz: At the house of Robert R. Cox, in the county of Cobb; at the house of Dudley Ayres, (Powder Springs) in the nineteenth district of the second section, in the county of Cobb; at the house of William Montford, in the thirteenth district of the county of Thomas; at the house of David Howard, in the three hundred and forty-fifth district, G. M. in the county of Laurens; at the house of William M. White, in the county of Merriwether, on lot number one hundred and sixteen, in the third district of said county.
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Sec. 2. And be it further enacted by the authority aforesaid , That an additional election precinct be established at Samson Busby's Spring, in the county of Marion; and that the election precinct heretofore established at the house of Thomas Taylor, in the county of Marion, be removed to the store of Brown Peacock, in said county; also, that the election precinet heretofore established at McIver and Davis' store, in the county of Marion, be removed to the house of Hardy McKinsey, in said county. Sec. 3. And be it further enacted , That an election precinct be established on lot number six hundred and nineteen, in the twenty-first district of the second section, Cherokee county, in lieu of the one heretofore established on lot, number twelve hundred and thirty-three, in the fifteenth district of the second section, which is hereby abolished, and that an additional election precinct for said county of Cherokee, be established on lot, number seven hundred and forty-one, in the fifteenth district of the second section, in said county. Sec. 4. And be it further enacted by the authority aforesaid , That in the county of Monroe, the following shall be the election districts, in lieu of those heretofore established, viz:At Watson's store, or the place commonly known by the name of Gullettsville, in the fourteenth district of said county; at the store of James M. Putnam, in the seventh district of said county; at Cullodensville in the eleventh district of said county; at Hillory Pratt's, or the place usually known as Sharp's store, in the thirteenth district of said county; at the house of John Furguson, in the twelfth district of said county; and also, at the town of Forsyth, in said county. Sec. 5. And be it further enacted by the authority aforesaid , That two additional election precincts be established in the county of Hancock, viz:One in the town of Powelton; the other, at Sylvan Hill, at the house of John McGilermary, in said county of Hancock. Sec. 6. And be it further enacted by the authority aforesaid , That from and after the passage of this act, the election precinct heretofore established at the house of Robert Thomas, in the nine hundred and fourteenth district, G. M. in the county of Decatur, be, and the same is hereby removed to the place of holding Justices Courts in said district; and should it at any time happen, that the Justices of the Peace for either of the districts, in said county, at the request of the people, expressed by a vote taken by said Justice or Justices of the district,
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or other cause, remove said Justices Courts from one place to another, in the district for which he or they may be commissioned; it shall be, and is hereby made lawful for all elections now authorized to be held at the precincts in said county, to be, and the same is hereby required to be held at such place as may be selected for holding Justices Courts in their respective districts: Provided , that no Justice or Justices of the Peace, in said county of Decatur, shall hereafter be authorized to hold his or their courts at any place, contrary to the wish of a majority of the people in the district. Sec. 7. And be it further enacted by the authority aforesaid , That the election precinct heretofore established at the house of James Loughridge, in the county of Gwinnett, be, and the same is hereby removed to the house of William A. Hamilton, in said county. Sec. 8. And be it further enacted by the authority aforesaid , That an additional election precinct shall be established in the county of Morgan, in the two hundred and eighty-second district, G. M. at a place called and known by the name of Addsborough, in said district; also, one at the house of Hinche P. Mabry, in the county of Carroll; and one at the house of Daniel Taylor, or at the place of holding Justices Courts in the three hundred and eighty-third district G. M. in Madison county; and also, one at the house of Benjamin F. Verdery in the sixth district of Columbia county; and also, one at the house of Augustus N. Verdery in the county of Richmond. Sec. 9. And be it further enacted by the authority aforesaid , That the election precinct heretofore established at the house of William Bradford in the fifth district of Irwin county, be, and the same is hereby removed to Howell's Store in the same district of the said county of Irwin. Sec. 10. And be it further enacted , That all laws and parts of laws establishing election precincts, so far as they relate to the county of Murray, be, and they are hereby repealed; and that all elections in the county of Murray, for Electors of President and Vice President, Governor, Members of Congress, and the General Assembly of this State, and for Colonels and county officers for the county of Murray, be hereafter held and conducted in the manner prescribed by law at the place of holding the Superior Courts of said county. Sec. 11. And be it further enacted , That there shall be an election precinct at the Store house of Robert Roby in the
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county of Putnam, in the three hundred and sixty-seventh district; and a precinct at the house of the widow Beasly, in the four hundred and ninety-fourth company district, in the county of Crawford. Sec. 12. And be it further enacted , That there shall be an additional election precinct at the house of James Stone in the county of Jefferson. Sec. 13. And be it further enacted , That there shall be an additional election precinct established at the house of William Wright in the three hundred and forty-third district G. M. in the county of Lawrens. Sec. 14. And be it further nacted ,, That 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 for regulating elections in the aforesaid connties, or other counties having election precincts. Sec. 15. 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. 23, 1836. AN ACT, To establish precinct elections in the county of Appling, for county officers. Sec. 1st. Be it enacted by the Senate and 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 elections for county officers in the county of Appling, shall be held at the same places as the elections are now held for members of the Legislature, and shall be superintended in the same manner as the general elections are now superintended and managed in said county.
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Sec. 2nd. 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. 24, 1836. AN ACT, To compensate one Justice of the Peace for carrying up the returns from the several precincts elections 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 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 superintendant at each of the several election precincts, established by law, in and for the county of DeKalb, to meet at the Court House, [Illegible Text] compare and consolidate the returns, according to law heretofore made and provided in such cases, for which services, each of the above named Justices, shall be allowed for each return so made, the sum of one dollar and fifty cents, to be paid out of the county funds. Sec. 2nd. And be it further enacted by the authority aforesaid , That each of the above recited Justices shall make out their accounts agreeable to the 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. 3rd. 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 monies belonging to the county, not otherwise appropriated.
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Sec. 4th. 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. 24, 1836. AN ACT, To compensate one of the Justices of the Peace or free holders, who may be a superintendant of the elections of the several election precincts in and for the counties of Richmond, Columbia, Dooly, Harris and Lowndes. Be it enacted by the Senate and 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, or one of the free holders who may be a superintendent at each of the several election precincts established by law, in and for the several counties of Richmond, Columbia, Dooly, Harris and Lowndes, in which such precincts have been established, to meet at the Court House of the several counties aforesaid, respectively, and compare and consolidate the returns, according to law, for which services, each of the above named Justices or free holders, shall be allowed for each return so made, the sum of one dollar and fifty cents, to be paid out of the county fund. Sec. 2. And be it enacted by the authority aforesaid, That each of the above recited superintendents, shall make out his account agreeable to the first section of this act, setting forth the day and date, and cause the same to be laid before the Justices of the Inferior Court of said counties, respectively. 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 counties, to issue their order, requiring the county treasurer to pay the same, out of any monies belonging to the county, not otherwise appropriated.
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Sec. 4th. 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. 30th, 1836. AN ACT, To compensate one Justice of the Peace, or free holder, or carrying up the election returns from each precinct in the county of Marion and Houston. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General assembly met, and it is hreeby enacted by the authority of the same, That from and after the passage of this act, it shall, and may be lawful, for one Justice of the Peace, or free holder, who may preside at the several precincts in said counties of Marion and Houston, at any election for the General Assembly, Governor, Members of Congress, Electors of President and Vice President, and county officers, to have and receive, out of the county treasury, the sum of one dollar and fifty cents, for carrying up the returns of such elections, and the sum of one dollar, and at the rates thereof, for every twenty miles in going to, and returning from the Court House of said county in performing said duty. Sec. 2nd. And be it further enacted, That the Justices of the Inferior Court of said county, or amajority of them, be, and they are hereby authorised and required to pay the same out of the treasury of said county. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate, WILLIAM SCHLEY, Governor. Assented to, Dec. 30th, 1836.
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AN ACT, To compensate one Justice of the Peace for carrying the election returns from each precinct, to the Court House, in the counties of Lee and Dooly. 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 county treasurer, in the counties of Lee and Dooly, to pay each Justice of the Peace, when said Justices of the Peace deliver the returns of different elections which may be held in said counties, the sum of two dollars, the same being for their services. 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, Dec. 30, 1836. ESCHEATS. AN ACT, To alter and amend the several escheat laws of this State, so far as relates to the disbursment of money arising from the sale of escheated property, in the several counties of this State. Sec. 1st. Be it enacted by the Senate and 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 monies arising from the sale of escheated property in the several counties of this State, shall vest in, and become a part of the fund of said county respectively. Sec. 2d. And be it further enacted by the authority aforesaid , That the Solicitor General and Attorney General of the several Judicial circuits of this State, be authorised and required to collect all such monies arising in the several counties in their circuits, respectively, in the manner pointed out by an act, passed December 21st, 1819, entitled an act more effectually to provide for the collection of the funds arising from the
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sales of escheated property within this State, c. whose duty it shall be to pay over the same, when collected, to the Justices of the Inferior Court, of the county wherein the property is escheated. Sec. 3rd. And be it further enacted , That nothing contained in this act, shall be so construed as to take from the heirs of escheated property, any rights of heirship given them by the escheat laws of force in this State. Sec. 4th. 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 repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 29, 1836. FERRIES. AN ACT, To authorize William Nelms to establish a ferry across the main prong of Broad River, in the counties of Elbert and Madison, on his own lands, between Denny's and Danniels' ferry on said river, near Charles W. Christian's mills. Sec. 1. Be it enacled by the Senate and 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, William Nelms be and he is hereby authorized to establish a ferry across the main prong of Broad River, in the counties of Elbert and Madison, on his own lands, between Denny's and Danniel's ferries, on said river, near Charles W. Chritian's mills. Sec. 2. And be it further enacted , That the said William Nelms, shall be entitled to receive from all person or persons crossing thereat, the following sums for crossing at said ferry, to wit: for every four horse wagon, fifty cents; for every five horse team, fifty-six cents; for every six horse team, sixty-two and one-half cents; for every two horse pleasure carriage, thirty-seven and one-half cents; for each one horse pleasure carriage or wagon, twenty-five cents; for each horse or Ox cart, twenty-five cents; for each man and horse, six and one fourth cents; for each led horse, six and one-fourth cents; for
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each foot man, six and one-fourth cents; for each drove horse, per head, three cents; for each drove of cattle, sheep, goats or hogs, per head, three cents. Sec. 3. And be it further enacted by the authority aforesaid , That before the said William Nelms shall be permitted or entitled to receive any thing for ferriage across said river, he shall give bond, with good and sufficient security, to the Inferior Court of Elbert county, in a sum of two thousand dollars, conditioned to make good, all losses which may happen to property in crossing at said ferry, by neglect or mismanagement of the said William Nelms, which bond shall be filed in the clerks office of said court, and may be sued on for the use of any person that may sustain any injury by the neglect of the said William Nelms; and a copy of said bond, certified by the clerk of the said Inferior Court, shall be good evidence on the trial of any cause against the said William Nelms. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 23, 1836. AN ACT, To authorize George Akins to establish a ferry across Tugulo river; Elisha Lowny to establish a ferry across Coosawattee river; John M. McAfee to establish a ferry across the Oastanallee river; and Augustus N. Verdery, to establish a ferry across the Oastanallee river, on their own lands, and to regulate the tolls 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 passing of this act, George Akins, his heirs and assigns, are hereby vested with the privilege of keeping a ferry across Tugulo river, on his own land, in the county of Franklin: Provided , the said George Akins, his heirs and assigns, 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 , That Augustus N. Verdery,
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his heirs and assigns, be, and are hereby authorized to establish and keep up a ferry across the Oastanallee river, in Floyd county, on his own land; namely, on lot number one hundred and ninety-six, of the twenty-third district, so soon as the present occupant, John Ridge, shall leave the same: Provided , the said Augustus N. his heirs and assigns, do keep a good and sufficient flat or ferry boat, for the conveyance of passengers, and give due attention thereto. Sec. 3. And be it further enacted by the authority aforesaid , That the following rates of toll shall be lawful to be received for ferriage, at said ferries, viz: for each loaded wagon, team and driver, fifty cents; for each empty wagon, team and driver, thirty-seven and a half cents; for each four wheel pleasure carriage, twenty-five cents; for each two wheel pleasure carriage, twelve and a half cents; for each cart, team and driver, twenty-five cents; for each man and horse, six and a fourth cents; for each head of neat cattle, two cents; for each led or loose horse, six and a fourth cents; for each head of hogs, sheep or goats, one cent. Sec. 4. And be it further enacted by the authority aforesaid , That Elisha Lowny, be, and he is hereby authorized to establish a ferry across the Coosawattee river, on his own land, on lot number eighty, in the seventh district of the third section, of originally Cherokee, now Cass and Murray counties, and the said Lowny shall be entitled to ask and receive the following rates of toll, viz: for a four horse wagon and team, fifty cents; for a two horse waggon and team, thirty-seven and a half cents; and for an one horse wagon or Ox Cart, twenty-five cents; and for a four wheel pleasure carriage, fifty cents; and for a two wheel pleasure carriage, twenty-five cents; and for a man and horse, twelve and a half cents; and for all led or loose horses, six and a fourth cents; and for all cattle, sheep, goats and hogs, three cents per head: Provided , that the said Lowny shall keep a good and sufficient flat or ferry boat, and give due attendance to the same. Sec. 5. And be it further enacted by the authority aforesaid , That John M. McAfee, his heirs and assigns, be authorized to receive toll, and keep a ferry across the Oastanallee river, on his own land, in the fifteenth district of the third section, lot No. 1, in the county of Cass; that the said John M. McAfee, shall be authorized to charge and receive the same amount of ferriage, as is received at the other established ferries across the same river.
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Sec. 6. And be it further enacted by the authority aforesaid , That the said John M. McAfee, his heirs and assigns, have the exclusive privilege for one half mile above and below said ferry. Sec. 7. And be it further enacted by the authority aforesaid , That the several owners of the ferries aforesaid, and their heirs and assigns, shall be bound to make good any damage that may be sustained by neglect at their respective ferries. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 24th Dec. 1836. AN ACT, To authorize and empower Stephen Mays of Cass county, to establish a Ferry across the Coosawattee river, on his own land. Sec. 1st. Be it enacted by the Senate and 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, Stephen Mays of the county of Cass, be, and he is hereby authorized and empowered, to establish a Ferry across the Coosawattee river on his own land. Sec. 2d. And be it further enacted by the authority aforesaid , That the said Stephen Mays, his heirs and assigns, be authorized and empowered to demand and receive the same rates of ferriage, which have been allowed to other owners of ferries of said river: Provided also , that the said Stephen Mays, shall be responsible for all accidents which may occur in passing said ferry, on account of the negligence or inability of the ferryman, 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. 23, 1836.
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AN ACT, To authorize William S. Jones, to establish a Ferry across the Coosawattee River, on his own land, in the county of Murray, and to regulate the rates of toll 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 from and immediately after the passage of this act, William S. Jones, his heirs and assigns, are hereby vested with full power and authority, to establish a Ferry across the Coosawattee river, on lot number two hundred and sixty-seven, in the eighth district, and third section, in the county of Murray. Sec. 2. Be it further enacted by the authority aforesaid, That the said William S. Jones, his heirs and assigns, are hereby authorized to charge and receive the same rates of toll, as are allowed to other persons owning Ferries on said Coosawattee river, which have been previously established by law, across said river. Sec. 3. Be it further enacted by the authority aforesaid, That the said William S. Jones, his heirs and assigns, shall at all times, be bound to keep a good and sufficient ferry boat, and pay due attention to the same, under the penalty of the law, in such cases made and provided for, and shall moreover be bound to make good, all damages which may be sustained for the want of proper attention. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 23, 1836. AN ACT, To authorize Shelton Oliver of the county of Elbert, to establish a Ferry across Broad River in the counties of Elbert and Oglethorpe, at the place now known as Webb's Ferry. 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, Shelton Oliver of the
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county of Elbert, be, and he is hereby authorized to establish a Ferry across Broad River, at the place known as Webb's Ferry, subject to the same rules and regulations, and entitled to ask and receive the same rates of ferriage, as heretofore established at the said Webb's Ferry. Sec. 2. And be it further enacted, by the authority aforesaid , That the said Shelton Oliver shall make good, all losses that shall happen to any person or persons crossing said river, by, or through his neglect. Sec. 3. 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, Dec. 30, 1836. AN ACT, To authorize Albert Duke of the county of Tatnall, to establish a Ferry across the Ohoopy River, on his own land in said county, and to establish the rates of toll: and also, John Gilmore, across the Hightower River, in Cherokee county, on his own land. 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 Albert Duke is hereby authorized to establish a Ferry across the Ohoopy River on his own land, in the county of Tatnall, and that the following shall be the rates of toll, to wit:for four horse wagon, fifty cents; for two horse wagon, thirty-seven and a half cents; for horse and gig, thirty seven and a half cents; for horse and Jersey wagon, thirty-seven and a half cents; for horse and cart, twenty-five cents; for man and horse, twelve and a half cents; for all foot persons, six and one-fourth cents; and for all loose horses, six and one-fourth cents. Sec. 2. And be it further enacted by the authority aforesaid , That all other Ferries on the Ohoopy, in said county of Tatnall, be, and they are hereby authorized to receive the same rates of toll as is received at Duke's Ferry, and no more.
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Sec. 3. And be it further enacted , That each of the Ferries on the said Ohoopy, shall receive double these rates, at long ferriage. Sec. 4. And be it further enacted , That John Gilmore be, and he is hereby authorized to keep a Ferry across the Hightower River, in Cherokee county, near the mouth of Long Swamp Creek, on his own land, and shall be allowed the same rates of Ferriage as are allowed at other Ferries on said river, and shall be subject to the same liabilities as other owners of Ferries on said river. And be it further enacted , That all 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, Dec. 30, 1836. AN ACT, To authorize and empower Appleton Haygood, of Montgomery county, to establish a Ferry across the Oconee river, on his own land. Sec. 1st. Be it enacted by the Senate and 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, Appleton Haygood, of the county of Montgomery, be, and he is hereby fully authorized and empowered to establish a Ferry across the Oconee river, on his own land: Provided it does not interfere with the rights of any other person. Sec. 2d. And be it further enacted by the authority aforesaid , That the said Appleton Haygood, his heirs and assigns, be fully authorized and empowered to demand and receive the same rates of ferriage which has been allowed to other owners of ferries on said river, 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, 1836.
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AN ACT, To authorize and empower William Fain of the county of Floyd, to establish a Ferry across the Coosa river, on lot No. 300, 4th district and 4th section. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia. iv General assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, William Fain, of Floyd county, be, and he is hereby authorized and empowered to establish a Ferry across the Coosa river, on lot No. 300, 4th district, and 4th section- Sec. 2. And be it further enacted by the authority aforesaid , That the said William Fain, his heirs and assigns, be authorized to demand and receive the same rates of ferriage which have been allowed to other owners of ferries on said river: Provided also , that the said William Fain, shall be responsible for all accidents which may occur in passing said ferry, on account of the negligence or inability of the said ferry-man, 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. 30, 1836. AN ACT, To authorize and empower Eli Collins and George W. Houston, their heirs and assigns. of the county of Harris, to establish a Ferry across the Chattahoochie river, on their own land, in Harris county, and charge ferriage for crossing 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 passing of this act, Eli Collins and George W. Houston of the county of Harris, be, and they are hereby fully authorized and empowered to establish a Ferry across the Chattahoochie river, on their own land, in the said county.
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Sec. 2. And be it further enacted by the authority aforesaid , That the said Eli Collins and George W. Houston, their heirs and assigns, be fully authorized to demand and receive ferriage for crossing at said ferry, at the rates herein established, as follows, (to wit:) For each foot passenger, six and a quarter cents; for each horse and rider, 12 1-2 cents; for each gig or sulkey, twenty-five cents; for every cart horse twelve and a half cents; for every cart and two horses, 18 3-4 cents; for every wagon and team, fifty cents; for every four wheel pleasure carriage, fifty cents; for every stage or carriage of like description, fifty cents; for every two horse waggon, thirty-seven and a half cents; for every four wheel wagon, drawn by one horse, eighteen and three quarter cents; lor each head of neat or stock eattle, two cents; for each head of hogs or sheep, one cent: Provided also , That the said Eli Collins and George W. Houston, shall be responsible for accidents that may occur in passing said ferry, on account of negligence or inability of the ferry-man. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate, WILLIAM SCHLEY, Governor. Assented to, Dec. 27th, 1836. FIRE COMPANIES. AN ACT, To authorize the formation of two Fire Companies in the city of Macon, and to confer certain privileges on the members thereof; and to repeal an act passed December 21st, eighteen hundred and thirty. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, it is hereby enacted by the authority of the same , That it may be lawful for any number of persons, being citzens of this State, and inhabitants of the city of Macon, to organize themselves into two Fire Companies, to be called the Fire Companies of the city of Macon, each company to consist of not less than
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thirty, nor more than fifty persons, with power to each company, to elect from among themselves, four officers to command them, in like manner as provided by the militia law of the State, which officers shall be commissioned by his Excellency the Governor. Sec. 2nd. And be it further enacted , That the Companies upon producing the commissions of their officers to the Mayor and Common Council of the city of Macon, shall be entitled to the use of the Fire Engines, belonging to the city of Macon, for so long a time, and upon such terms, conditions and requisitions as the Mayor and Common Council may prescribe. Sec. 3rd. And be it further enacted , That said Companies shall have power to make such by-laws, rules and regulations, for their government, as they may think proper: Provided , That there be nothing in such by-laws, rules, regulations, and conditions, inconsistent with the constitution and laws of this State, and inconsistent with the act of incorporation of the city of Macon, or any ordinance passed by the constituted authorities of the city of Macon. Sec. 4th. And be it further enacted , That the officers and members of said Companies, shall be exempted from militia duty, except in times of invasion, insurrection and alarm. Sec. 5th. And be it further enacted , That the act passed December 21st, 1830, entitled an act, to authorize the raising und establishing a Fire Company in the town of Macon, 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, Dec. 29, 1836. FRAUDULENT LOTS. AN ACT, To authorize the Sheriffs of the counties of Cass, Cobb, Cherokee, Forsyth, Gilmer, Lumpkin, Murray, Paulding, Floyd, Union, and Walker, to sell all the State's half of Lots, which have, or may be condemned as fraudulently
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drawn in the late Land and Gold Lotteries, and to make valid certain sales of the State's interest in Lots sold under the existing Laws, by the consent of the Informers. 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 after the passage of this act, it shall be the duty of the Clerks of the Superior Courts in each of the counties of Cass, Cobb, Cherokee, Forsyth, Gilmer, Floyd, Lumpkin, Murray, Paulding, Union, and Walker, to furnish the Sheriffs of each of their respective counties, a certificate under their hand and seal, and countersigned by the presiding Judge of the Superior Court, of all Lots that have been condemned as fraudulently drawn, designating the half assigned to the State with a Copy Plat, and it shall be the duty of the Sheriff, to proceed to advertise such halfLots, and sell the same, by giving thirty days, notice of the time of sale, under the same rules and regulations as sales are authorized to be made by Sheriffs under execution. Sec. 2. And be it further enacted , That it shall be the duzy of the Sheriff, to sell all such halfLots of land, at the time and place of selling land under executions, and the highest bidder shall be the purchaser. Sec. 3. And be it further enacted , That the Sheriff shall grnat to such purchaser, a certificate of the amount of ale, setting forth the number, district, and section, in which said land may be situate, with a plan of the State's half of such Lot. Sec. 4. And be it further enacted , That the holder of such certificate, shall within sixty days after such sale, have the right to deposit his note for the amount of sale, in the Central Bank of Georgia, under such rules, as the bank shall deem secure. Sec. 5. And be it further enacted , That when such purchaser shall deposit his note as aforesaid, it shall be the duty of the officers of the Central Bank, to give such persan a certificate, showing the amount he has paid in Bank, being the full amount of the sale of such half Lot, here giving the number of district and section. Sec. 6. And be it further enacted , That his Excellency the Governor, shall issue his order to the Surveyor General, to let the grant issue without further cost. Sec. 7. And be it further enacted , That the Sheriffs aforesaid, shall be entitled to five per centum, on the amount of all such sales, besides the usual advertising fees.
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Sec. 8. And be it further enacted , That upon the returns of the Sheriff to the Executive Department, it shall be the duty of his Execellency the Governor, to draw his warrant on the Treasury, for the amount due such Sheriff. Sec. 9. And be it further enacted , That all sales heretofore made by the Sheriff of all such half Lots as have been sold, or have been condemned as fraudulently drawn, by the consent of the Informer, and who has not paid the amount of the purchase money due the State, shall have the privilege of paying for the same under the same rules as are allowed by this act. Sec. 10. 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, Dec. 29, 1836. FREE SCHOOLS. AN ACT, To appropriate and set apart, one third of the Surplus Fund, to be derived to this State from the United States, as a permanent Free School and Education Fund, and to authorize the appointment of a Committee to prepare and report a plan of Free Schools, c. to the next Legislature. 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 one third of the Surplus Revenue which this State may receive from the United States, be, and the same is hereby appropriated and set apart, as a permanent Free School and Education Fund; that the same, as it may be received, shall be deposited in the Central Bank, and loaned out to the citizens of this State, according to the law regulating the disbursement of the funds of the Central Bank, and that the interest
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only, of said fund, shall be used for the establishment and maintenance of such plan, or system of Free Schools and Education, as may hereafter be determined on by the Legislature, at its next, or some subsequent session, Sec. 2. Be it further enacted by the authority aforesaid , That a joint Committee of five, two from the Senate, and three from the House of Representatives, to be named by the presiding officer of each House respectively, and shall be appointed at the present session of the Legislature, whose duty it shall be, to digest a plan of common school education, best adopted to the genius, habits, of life and of thought, of the people of Georgia, report the same to the General Assembly at its next session; and with a view of obtaining every necessary information, in regard to the various systems of Elementary Schools which exist in this country, and that they may come to the consideration of the subject committed to their charge with the best lights which the age affords; authority is hereby given them, to appoint a sub-committee of not more than two of their own number, who shall, during the ensuing year, visit different parts of the United States, and particularly the New England States, with the object aforesaid, and shall also institute a correspondence with such persons as they may think proper, either in the United States, or Europe, or both, for the purpose of getting information of the different systems of common school education, which likewise prevail in some of the European countries, and the said place which the Committee may digest and report, shall be accompanied by the reasons on which it is founded, and the information which may be collected as aforesaid. Sec. 3. And be it further enacted , That all laws or parts of laws repugnant to this act, be, and the same are hereby repealed: And all expense incurred by collecting such information, shall be paid out of the present contemplated school fund, and shall not exceed the sum of two thousand dollars. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 23, 1836.
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GRANT FEES REDUCED. AN ACT, To reduce the fees on grants to fortunate drawers, in the Gold Lots and Fractions in the late Land and Gold Lotteries. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That from and immediately after the passage of this act, the fees on grants for Gold Lots drawn in the late Gold and Land Lotteries, shall be two dollars and a half on each Gold Lot and Fraction, in the said Lotteries, to be paid into the Treasury according to the existing laws of this State.All 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, Dec. 27, 1836. INCORPORATIONS. AN ACT, To incorporate a company, to be called the President and Directors of the Peoples' Line of Stages, of the State of Georgia. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Francis V. Delaunay, President; David B. Mitchell and Benjamin A. White of the Town of Milledgeville, Gilbert Longstreet and John B. Guedron of the City of Augusta; John L. Mustain and Randolph Mott, of the Town of Macon, and Seaborn Jones and Burton Hepburn, of the Town of Columbus; and their associates, and assigns, shall hereafter be a body corporate and politic, by the name and style of the Peoples' Line of Stages, to run in the State of Georgia; and shall continue for twenty years from the date of this act; and by the same corporate name, shall be, and are hereby made capable and able in law, to have, purchase, receive, possess and enjoy, 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 despose of; to sue and be sued; plead and
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be impleaded; answer and be answered unto; defend and be defended, in courts of record. And also, to meet annually in the Town of Milledgeville, on some day to be appointed by the Board of Directors, to elect a Board of Directors, whose duty it shall be to elect a President and other officers to conduct the affairs of the company, and also, to establish such rules and regulations as shall be necessary and convenient for governing the said corporation: Provided , that the corporation shall not purchase and hold more real estate, than shall be necessary and proper for its needful buildings. Sec. 2. And be it further enacted, c. That the capital stock of said company, shall consist of fifty thousand dollars, in shares of one hundred dollars each, but may be enlarged or extended to one hundred thousand dollars, as the exigencies or wants of the company may require. Sec. 3. And be it further enacted , That the property of the stockholders, shall be bound for all contracts or liabilities, made by said company, to the 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 transfering the same, from any contracts or liabilities, which are incurred whilst they were stock-holders. Sec. 4. And be it further enacted , That the previleges hereby granted, shall continue twenty years from the date of this act, and no longer. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY Governor. Assented to, Dec. 29, 1836. AN ACT, To incorporate the Flat Shoal Creek Manufacturing Company, in the county of Harris, and to incorporate the Columbus Canal and Water Company, in the city of 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 Alfred Iverson, Jacob M. Guerry, and such others as may be
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associated with them, be, and they are hereby incorporated and made a body politic, by the name and style of the Flat Shoal Creek Manufacturing 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, goods, chattels and effects of what kind soever, and the same to sell and 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; and to make, have and use a common seal, and the same to alter at pleasure; the said company may also make such by-laws as they may deem necessary for their interest: Provided , they are not repugnant to the constitution or laws of this State; and to select and appoint all such agents, officers or servants, as may be necessary for the discharge of the business of said company. Sec. 2d. And be it further enacted by the authority aforesaid , That said company shall be, and they are hereby fully authorized to make all contracts which may be necessary for the benefit of said company, in their corporate name, and that all judgments which may be obtained against said corporation for any liability which they may incur, may be enforced and collected out of the property belonging to said corporation, or the property of any, or all of the individuals composing said company, as though the same had been obtained against every member of said company, in their joint and several names as individuals. Sec. 3d. And be it further enacted by the authority aforesaid , That each and every member of said corporate body may, at any time, sell and convey their interest in the property of said corporation, both real and personal, under such rules and regulations as may be adopted by said corporation, and upon the death of any of the members of the corporation; their interests in the corporate property shall pass to the legal heirs of said member, and his legatee, or legatees, and that such purchaser, legal heirs, or legatee, or legatees, shall have all the power and privileges as are hereby conveyed to the above named corporators. Sec. 4th. And be it further enacted by the authority aforesaid , That in case of the death of any member of the said corporation, the survivors shall be authorized to continue to
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transact and carry on the affairs of said corporation, as though said death had not happened; and whoever shall be entitled to the interest of said deceased person, shall, if he be administrator or executor, heir or legatee, hold the same, in the same manner that said deceased did during life. Sec. 5. Whereas, the constant and plentiful supply of water, is conducive to the health of a city, and a security to property against the ravages of fire; and whereas, the position of Columbus is such, that both objects may be attained, and other important advantages derived by the incorporation of a company, with the powers specified in this act. Be it enacted by the authority aforesaid , That John W. Campbell, Joseph Sturges, James S. Calhoun, Alfred Iverson, Charles L. Bass, John J. Borwell, Benjamin Fort, Isaac Mitchell, H. S. Smith and Edward Cary and their associates, and all such persons as shall hereafter become stockholders in said company, shall be, and hereby are declared to be a body corporate and politic, in fact and in name, by the style of the Columbus Canal and Water Company, and by that name, they and their successors, shall, and may have continual succession, and shall be capable in law, of suing and being sued; answering, and being answered unto, in all Courts and places whatsoever; and they and their successors may have a common seal, and change and alter the same at their pleasure. Sec. 6. And be it further enacted by the authority aforesaid , That said company shall have full power and authority to cut and construct a canal or aqueduct, commencing at any point on the Chattahoochee river, oposite, or above the city of Columbus, where the town commons touches the same, or on their own land, immediately above, and continue the same, through any part or portion of the town commons, or along the bed or bank of said river, and with the consent of the corporate authorities thereof, to continue the same through the said city, along any street thereof, and through the said commons, to the river, and from the main trunk of said canal or acqueduct, to cut and construct viaducts along any of the streets of said town, and through any portion of the town commons, lying contiguous to the river. Sec. 7. And be it further enacted, by the authority aforesaid , That at the commencement or beginning point of said canal or a queduct, said company may, and are authorized to construct a dam across the river Chattahoochee, having sufficient space for the free passage of fish, at all stages of the water:
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Provided , said dam shall not be so constructed, as to drown, or overflow the banks thereof. Sec. 8. And be it further enacted by the authority aforesaid , That said company may have authority to contract with the owners of lots in said town, for the supply of pure good water, to be supplied by said company, on their premises, and the contract, so made, shall be permanent, and a charge upon said lots, whenever the same shall be occupied, collectable quarterly, before any Court having jurisdiction thereof, and binding upon all, holding under said contractors, until the same be rescinded. Sec. 9. And be it further enacted by the authority aforesaid , That said company are authorized to transport on said canal, goods, wares and merchandize, and land the same, at convenient and suitable points, in, and along the same, and receive therefor, such compensation, as may be reasonable and just. Sec. 10. And be it further enacted by the authority aforesaid , That said company shall have the exclusive use and control of said canal or aqueduct, and viaducts, leading therefrom, (except in cases of fire, when the water thereof, shall be free for the use of the city,) and also the exclusive use and control of fifty feet of the commons, on each side of the same, when the same may pass through the said commons : Provided , however, said company shall be compelled at all times and at their own expense, to make and keep in repair, such bridges and pass ways, as the corporate authorities may direct. Sec. 11. And be it further enacted by the authority aforesaid , That said company may have the privilege of constructing a rail road from any point of the river, on their own lands, or on the commons, and by, and with the consent of the corporote city authorities, continue the same, through and along any of the streets of said town, and the said rights of way or the commons as above granted, for the canal or aqueduct, are hereby also granted to the rail road herein provided for. Sec. 12. And be it further enacted by the authority aforesaid , That the capital of said company, shall be one hundred thousand dollars, with the privilege of increasing the same to such an amount as may be necessary, divided into shares of one hundred dollars each, which shall be assignable in such way, as the company may direct, and always subject to any claims of the company thereon, at the time of assignment. Said company may adopt such rules and regulations for the government,
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and elect such officers for its management, and at such times, as may by by-laws be ordained; and shall keep regular minutes of their proceedings, which shall at all times be subject to the inspection of the city authorities. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24, 1836. INDIAN OCCUPANCY. AN ACT, To alter and amend the second section of an act, entitled an act, to authorize the issuing of Grants by the State of Georgia, to the fortunate drawers of all Lots of Land, situated in the counties of Cherokee, Cass, Cobb, Floyd, Forsyth, 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, assented to 21st December, 1835. Sec 1st. Be it enacted by the Senate and 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 prescribed in the said section of the above recited act, which limits the peaceable occupancy of the Cherokee Indians, and the privileges to which they are entitled by law, in the lot or lots which they occupy under the provisions of the said act, be extended to the 25th day of May, 1838. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Nov. 19, 1836.
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INSURANCE AND TRUST COMPANIES. AN ACT, To incorporate the Savannah Insurance and Trust Company; and the Oglethorpe Insurance and Trust Company, in the City of Macon; and also, the Western Insurance and Trust Company of the City of Columbus. Sec. 1st. Be it enacted by the Senate and 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 Savannah, an Insurance and Trust Company, to be entitled and known as, The Savannah 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 and use a common seal, with power to alter the same at pleasure. Sec. 2d. 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 eachbut the said company shall be allowed to commence business as soon as one hundred and fifty 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 any sum or sums of money previously paid thereon, shall be forfeited to the company. Sec. 3d. That Wm. B. Bulloch, John Cumming, Benjamin Burroughs, Joseph Cumming, Wm. Thorne Williams, R. King, S. B. Parkman, J. P. Henry and J. Washburn, be, and they are hereby appointed commissioners to superintend the subscription to stock in said company, which they, or any three of them are authorized to receive, at such times and places as a majority of said commissioners may determine, and under the following regulations and restrictions; that is to say
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Not less than twenty days notice, of the time and place of receiving subscriptions, shall be given, in at least four of the public gazettes of this State. The books of subscription shall be kept open for four days, from the hour of 10 A. M., to 3 P. M., each day. No individual, corporation, or partnership, shall be permitted to subscribe, on any one day, for more than one hundred shares, unless five thousand shares shall not have been taken prior to the hour of 12, M. of the fourth day, in which case, any individual, corporation or partnership, may subscribe for the remaining shares after 12, M. on the fourth day. No person shall be allowed to act as the attorney for subscription, of more than one person or partnership during the time the books remain open. No partnership or firm, formed after the passing of this act, or for the purpose of subscribing for stock, shall be permitted by attorney, or otherwise, to subscribe for stock in said Company. Sec. 4th. That the commissioners receiving subscriptions to the said Company, shall demand and receive at the time of subscription, the sum of thirty 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 thirty dollars for each share allotted to them. Sec. 5th. That so soon as five thousand shares are subscribed for, as hereinbefore directed, the commissioners, or a majority of them, shall call a public meeting of the stockholders to be held in the City of Savannah, at such time and place as they may designate, of which twenty days notice shall be given in each of the public gazettes of said city; at which meeting, the stockholders shall proceed to elect by ballot, (each share not exceeding two hundred, entitling the holder to one vote,) thirteen directors, citizens of the United States, and residents of the City of Savannah, 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, and to which board of directors the commissioners shall
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deliver the money received by them from the subscribers to the stock. Sec. 6th. 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 by-laws shall not be contrary to the constitution of the United States, of the constitution or laws of this State. Sec. 7th. 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 ships or vessels, houses and buildings of every description, goods, wares, merchandize, freight, bottomery and 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 re-insured upon any risks upon which they may have made insurance, and upon the interest they may have inany vessels, goods or merchandize, in virtue of any loans on bottomely and respondentia, but nothing in this act contained, shall authorize the said Company to issue bank bills, or exercise the privilege of banking. Sec. 8th. That all losses by insurance shall be paid by said Company within sixty 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 in all cases, the sum due shall bear interest after sixty 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. 9th. 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 death, resignation or 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 5th section of this act) the remaining directors shall fill his vacancy. Sec. 10th. That neither the President nor any director of
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said Company, shall at any time, owe or be responsible to said Company for more than five thousand dollars, unless as drawer or endorser of bills of exchange, 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 payment, but in no case shall a loan be made of more than half the value of the property pledged or mortgaged. Sec. 11th. 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. 12th. That said Company may purchase, have, receive, hold, sell, assign and transfer at pleasure, any and every kind and species of personal property, but shall own no real estate, except such as may be required 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 sales under process in its favor; and the privilege hereby granted shall be, and continue in force for twenty-five years, from the date of this act, and no longer. Sec. 13th. That the property of the stockholders shall be bound for all contracts or liabilities made by said Company, to the 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 persons so transferring the same, from any contract or liabilities which were incurred while they were stockholders. Sec. 14th. That no stock of said Company shall be transferred within sixty days after the closing of the books of subscription, nor at any time by virtue of any power of attorney executed prior to the day of the organization of the said Company by the election of directors. Sec. 15th. That a majority of the whole board of directors, or any ten stockholders, holding at least fifteen hundred shares of the capital stock, may call a meeting at the office of said Company, at any time they may deem expedient, giving thirty days notice thereof, in the public gazettes of the City of Savannah, and at such meetings, and in all other meetings, and at all elections, in which stockholders are entitled to vote, their legal proxies shall be received, and each share shall give
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the right of one vote, but no stockholder, whatever may be the number of his shares, shall on any occasion, have more than two hundred votes. Sec. 16. And be it further enacted by the authority aforesaid , That James Goddard, Alexander R. Ralston, Jeremiah Cowles, James Rea, Thomas Hardeman, David Flanders, Charles Cotton, Charles Campbell, William B. Parker, Thomas Taylor, Carlton B. Cole, Francis H. William, William Solomon, Ossian Gregory, William Melrose, Edwin B. Weed, David Ralston, William Redish, Edmund Russell, William J. Rice, John L. Jones and Erastus Graves, and such others as may be hereafter associated with them, and their assigns, be, and they are hereby declared a body corporate and politic, under the name and style of the `Oglethorpe Insurance and Trust Company of the City of Macon, by which name, 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. 17. And be it further enacted by the authority aforesaid , That the capital stock of said Company shall be one hundred thousand dollars, with the privilege of increasing it to five hundred thousand dollars, when the holders of a majority of the stock shall determine, in shares of one hundred dollars each; and the said company shall be allowed to commence business as soon as the said capital of one hundred thousand dollars shall have been paid in specie, or in the bills of any of the specie paying banks of this State, 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. 18. And be it further enacted by the authority aforesaid , That for the well ordering of the affairs of said Company, there shall, (as soon as the sum of one hundred thousand dollars of the capital stock of said Company shall have been paid in) be called a meeting of the stockholders, to be held in the city of Macon, of which meeting, twenty days notice shall be given in one of the public gazettes of said city, at which meeting, the stockholders shall proceed to elect by balot, (each share entitling the holder to one vote,) not less than seven directors, 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
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of the capital stock of said Company, which directors shall continue in office until their successors shall be elected, at such time as may be regulated by the stockholders. Sec. 19. And be it further enacted by the authority aforesaid , That at the meeting provided for in the preceeding 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 the stock, or transaction of business of the Company: Provided , such by-laws shall not be contrary to the constitution of the United States, or to the constitution and laws of this State. Sec. 20. 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 also a Secretary and such other officers as may be necessary in the management of the affairs of said Company, and in case of the death, resignation, or removal from this State, of the President or any director, or in case he or they shall cease to be a stockholder (as is required in the third section of this act,) the remaining directors shall fill his or their vacancy. Sec. 21. And be it further enacted by the authority aforesaid , That so soon as the board of directors are 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, cotton, goods, wares, merchandize, freight, bottomery, respondentia and interest, against risks of every description and kind; 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 re-insured upon any risks upon which they may have made insurance, and upon the interest they may have in any vessels, goods, or merchandize, in virtue of any loans on bottomery and respondentia; but nothing in this act contained, shall authorize the said Company to issue bank bills, or exercise the privilege of banking. Sec. 22. And be it further enacted, by the authority aforesaid , That all losses by insurance, shall be paid by said Company, within sixty days after proof of the loss has been furnished, in cases not disputed, and in disputed cases, within
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ten days after final decision, or this charter shall be forfeited; and in all cases, the sum due, shall bear interest, after sixty days from the time of furnished proof of loss; and when any action is brought against said Company, in any court of laws of this State, having jurisdiction thereof, the same shall stand on index, for trial at the first term. Sec. 23. 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 re-payment, but in no case, shall a loan be made of more than half the value of the property pledged or mortgaged. Sec. 24. And be it further enacted by the authority aforesaid , That the board of directors shall meet twice a year, at least, at such time as may be fixed by the by-laws of said Company, and 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. 25. And be it further enacted, by the authority aforesaid , That the said Company may purchase, have, retain, hold, sell, assign, and transfer at pleasure, any bank stock, rail road 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 favor, and the privileges hereby granted, shall be, and continue in force, for thirty years from the date of this act, and no longer. Sec. 26. And be it further enacted, c. That the property of the stockholders, shall be bound for all contracts or liabilities made by said Company, to the amount of stock, so long as he, she, or they, shall continue a stockholder, and all transfer 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 are incurred whilst they are stockholders. Sec. 27. And be it further enacted, by the authority aforesaid , That James S. Calboun, John Langden Lewis, Thomas C. Eavens, John W. Campbell, Charles L. Bass, Joseph
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Sturgis, M. R. Eavens, Hampton S. Smith, Edward Carey, John J. Boswell, Allen G. Bass, Benjamin Fort, and Seymore R. Bonner, and their associates, and all such persons as shall hereafter become stockholders in said Company, shall be, and are hereby declared to be a body corporate and politic, in fact, and known by the name of the Western Insurance and Trust Company, of the city of Columbus and by that name, they, and their successors, shall, and may have continual succession, and shall be capable in law, of suing and being sued; impleading and being impleaded; answering and being answered unto; defending and being defended, in all courts and places whatsoever; and that they and their successors may have a common seal, and may change and alter the same at their pleasure. Sec. 28. Be it further enacted , That the corporation hereby created, shall have full power and authority to borrow and loan on such terms as may be agreed upon; to make insurance upon vessels, goods, wares, and merchandize, freight, bottomery, respondentia, interest, inland navigation, and transportation, and all other marine and river risks; also, to insure and take risks against fire, and on lives; receive money on trust and deposits; and also, to loan money on bottomery and respondentia; to do and perform all necessary matters and things connected with the above objects or any of them, and they may also cause themselves to be insured against risks and for which they have made insurance, and upon the interest which they may have in any vessels, goods, wares or merchandize, in virtue of any such loans on bottomery and respondentia. Sec. 29. And be it further enacted , That the capital stock of said Company, shall be one million of dollars, to be divided into shares of one hundred dollars, and that one-half of the capital shall be actually paid in, before said corporation shall be allowed to commence business, and the privileges hereby granted shall be and continue in force, for thirty years, from the date of this act, and no longer. Sec. 30. And be it further enacted , The stock and affairs of the said Company, shall be managed and conducted by seven directors, each of whom shall be a stockholder to the amount of at least twenty shares, and a citizen of the United States, and they shall be elected at such time and place as the board of directors for the time being, shall appoint, and shall hold their offices for one year, and until others shall be chosen to supply their places, and no longer; and said elections shall be made
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by ballot, by a plurality of the stockholders present, allowing one vote for every share, and stockholders not personally present may vote by proxy, such proxy being granted directly to the person representing them at such election, and the first directors of said corporation shall be the seven persons first mentioned in this act, who shall continue in office until their successors are elected. Sec. 31. And be it further enacted , That the directors herein before named, shall, so soon as may be, after the passage of this act, and the directors to be chosen as such annual election shall, so soon as may be, after every election, proceed to choose out of their body, a person to be President, who shall serve untill the next annual election thereafter, or until another President shall be chosen; and in case of the death or resignation of the President or any director, such vacancy may be filled for the remainder of the year, by the board of directors; and in case of the absence of the President, the board of directors shall have power to appoint a President pro tempore, who shall have and exercise such powers and functions as the by-laws of the said corporation may provide. Sec. 32. Be it further enacted , That in case it should at any time happen, that an election of directors shall not be made on the day, when pursuant to this act, it shall be made, the corporation shall not for that cause, be deemed to be dissolved, but an election at any other day, to be appointed by the by-laws and ordinances, may be made. Sec. 33. And be it further enacted , That it shall be lawful for the President and directors of the said Company, to regulate the terms of payment for the stock subscribed, or to be subscribed, and that the stock of said Company shall be assignable and transferable according to such rules, and subject to such restrictions as the board of directors shall from time to time, make and establish, and shall be considered personal property. Sec. 34. And be it further enacted , That the major part of the directors shall constitute a board, and be competent to the transaction of all the business of the corporation, and shall be competent to provide by by-laws, for the appointment of all officers, assistants, and servants, necessary for the management
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of said corporation, and prescribe the duties and salaries, and declare, and make dividends of the profits, establish rules for the management and disposition of the property and effects of the Company, and all matters appertaining thereto. Sec. 35. And be it further enacted , That it shall be lawful for the said corporation to purchase and hold such, and so much real estate as shall be necessary and convenient for the transaction of its business; and also, to take and hold any real estate as security bonafide, mortgaged or pledged, to said corporation, either to secure the payment of the shares of capital stock, or to secure the payment of any debt that may be due to it; and also, to purchase on sale made by virtue of any judgement at law, or any order or decree of a court of equity or otherwise; to receive and take any real estate in payment or towards satisfaction of any debt contracted and due to said corporation, and to hold the same until they can conveniently sell and convert the same into money, or other personal property: Provided always , That it shall not be lawful for the said corporation to deal, or use, or employ, any part of the stock, funds, or money, in buying or selling any goods, wares, or merchandize, or in the purchase or sale of any stock or funded debt, contracted or to be contracted by, or under any act of the United States, or of any particular State, or to emit any notes or bills, or make any contracts for the payment of money, only except under the sale of the said corporation; and all such notes and contracts, shall be to all intents and purposes, be taken to operate as specialities at law, but it shall nevertheless be lawful for the said corporation, to purchase and hold any such stock or funded debt, as last aforesaid, for the purpose of vesting any part of the capital stock, funds, or money therein, instead of investing the same, in and upon any real security; and also, to sell, and transfer the same, and again invest the same or any part thereof, in such stock or funds, whenever, and as often as the exigencies of the said corporation, or a due regard to the safety of its funds, shall require; and also, to purchase and sell exchanges and other choses in action, and make loans of its capital stock or funds on bonds, or mortgages, or personal security, and the same to call in and re-loan on like security, as the occasion may require. Sec. 36. And be it further enacted , That all policies of insurance, and other contracts which shall be made or entered
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into by the said corporation, may be made either under or without the seal thereof, and shall be subscribed by the President, or such other officer as shall be designated for that purpose, by the by-laws of the said Corporation, and attested by the Secretary, and being so signed, executed and attested, shall be binding and obligatory upon the said Corporation, according to the tenor and intent and meaning of this act, and of such policies and contracts; and all such policies, and contracts, may be so made, and the business of the Corporation may be otherwise conducted, and carried on without the presence of a Board of Directors, by the President, or assistant, or either, or a committee to be appointed for such purpose, and the act of such President or assistant, or either of them, or of such committee done in conformity to the by-laws of said Corporation, shall be binding and obligatory on it, to all intents and purposes. Sec. 37. And be it further enacted , That this act shall be, and is hereby declared to be a public act, and that the same be construed in all courts and places, benignly and favourably for every beneficial purpose herein mentioned. Sec. 38. 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 amount of their stock, so long as he, she, or they shall continue a stockholder; and all transfer of stock, six months previous to the failure of said Company, shall not release the person or persons so transfering the same, from any contracts or liabilities which are incurred, whilst they were stockholders. Sec. 39. And be it further enacted , That the said Company shall own no real estate, except such as may be necessary for the convenient transaction of the business, or such as may be conveyed to it as security, or in satisfaction of debts due to it, or under mortgage. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 23, 1836.
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JUDICIARY. AN ACT, To enable defendants in action at common law, to give in evidence, a partial failure of the consideration of the contracts upon which such action may be brought. Sec. 1st. Be it enacted by the Senate and 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, whenever any action or actions shall be commenced at common law, founded upon any contract or contracts, it shall, and may be lawful, for the defandant or defendants to such action or actions, upon the trial thereof, to give in evidence to the Jury, that the consideration or considerations, upon which said contract or contracts are, or were founded, have partially failed, any thing in any law or custom to the contrary notwithstanding: Provided , That such plea of partial failure shall only be pleaded in such cases, under such circumstances, and between such parties, as would now admit and allow the plea of total failure of consideration: And Provided further , that the contemplated by this act, shall be fully and specially pleaded at the first term of the court to which the action may be returnable, and not at any time thereafter, either at common law, or on the appeal. Sec. 2. And be it further enacted , That all laws or part 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. 26, 1836.
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JUDICIARY AND JURORS. AN ACT, To authorize any one distributee or person interested in an estate, to institute proceedings in equity, without joining as complainants, or making expedients, other distributees residing in the jurisdiction of the Court. Sec. 1st. Be it enacted by the Senate and 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 any one distributee, or person interested in any estate, to institute his or her bill, or other proceeding in equity, to compel an account or distribution of an estate, without joining as complainants, or making respondents, the other distributees, or persons having an interest in said estate, residing within the jurisdiction of the court: Provided, however , it shall be the duty of such complainant, to state in his or her bill, or other equitable proceeding, the names of all the distributees, or persons having an interest in said estate, that the Court may be enabled to ascertain the amount of the distributive share, to which such complainant is entitled, as nearly as practicable. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 29th, 1836. JURORS. AN ACT, To compensate Grand Jurors in the county of DeKalb. Sec. 1st. Be it enacted by the Senate and 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 Grand Jurors of the county of DeKalb, shall receive for their services as Jurors, the same pay that is now allowed by law, to Petit Jurors in said county, to be paid out of the county treasury.
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Sec. 2d. 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. 24, 1836. AN ACT, To compensate the Petit Jurors of Burke county. Sec. 1st. Be it enacted by the Senate and 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 several persons, citisens of Burke county, summoned to attend the sittings of the Superior and Inferior Courts of the county aforesaid, as Pesit Jurors, and who shall attend the same, shall severally be entitled to receive from the treasury of said county, the sum of one dollar and twenty-five cents per day, for each and every day he may give his attendance: Provided , that to entitle a Juror to receive the compensation aforesaid, he shall produce the certificate of the sheriff, countersigned by the presiding Judge or Justice, of the time he has served, which certificate shall be a warrant for the sum allowed, and a voucher to the Treasurer for paying the same. Sec. 2d. And be it further enacted , That the clerks of the Superior and Inferior Courts, be required to collect all the fees now paid the petit jurors for confessions and verdicts, and pay the same over to the Treasurer of said county. Sec. 3d. 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. 9, 1836.
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LAPSED LEGACIES c. AN ACT, To alter the law in relation to Lapsed Legacies. 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, where any person named as legatee in the will of any other person, shall die before the testator, leaving issue, that shall be alive at the death of such testator, the legacy: Provided , the same be absolute and without remainder, or limitation, shall not lapse as heretofore, but shall vest in such issue. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 23, 1836. LEASES. AN ACT, To authorize the Commissioners of the town of Milledgeville, to lease to George Root, four acres of the town common, for the term of twenty years. 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 of Milledgeville, be, and they are hereby authorized and required to lease to George Root, four acres of the town common of Milledgeville, the same being [Illegible Text] in his possession as a tan yard, for the term of twenty years, upon his paying to the said Commissioners, the sum of fifty dollars for said lease. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY Governor. Assented to, Dec. 29, 1836.
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MASTER CARPENTERS c. AN ACT, To give to Master Carpenters and Master Masons, a lien on buildings erected by them in the county of Baldwin. 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 aforesaid , That from and after the passage of this act, all Master Carpenters and Master Masons, who shall erect a building or buildings in the county of Baldwin, where no agreement or agreements have been entered into between the parties, either by parol or in writing, sufficiently securing the amount to be paid for the erection of such building or buildings, shall have full power and authority to retain the keys of said building or buildings, until the amount or amounts due for the erection thereof shall have been tendered, or paid, and the lien of such Carpenter or Mason, shall continue on such building or buildings, to the exclusion of all other liens, until the amount or amounts due, shall have been paid. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 27, 1836. MEDICAL SOCIETY. AN ACT, To revive An Act, entitled An Act. to incorporate the Georgia Medical Society, passed on the 12th December 1804, Whereas the practising Physicians, in the City of Savannah, have petitioned the Senate and House of Representatives of the State of Georgia, in General Assembly met, for the revival of the aforesaid Act, entitled An Act, to incorporate the Georgia Medical Society, for the causes and purposes in their said petition specified: 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 Act
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entitled An Act to incorporate the Georgia Medical Society shall be, and is hereby revived, and to all intents and purpoes, shall be, and is hereby made of full force and effect, as when passed on the 12th December, 1804, 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. 24, 1836. MILITIA. AN ACT, To authorize the Inferior Court of Murray County, to lay off said County into Militia Districts, and organize the same. Whereas, the original organization of Murray county into Militia Districts, has been changed, by adding a portion of said county to the county of Cass; and whereas, there are not mllitia officers in said county to re-organize the districts as they properly should be, with a view to the convenience of the citizens: Sec. 1. Be it therefore enacted by the Senate 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 of said county, be, and they are hereby authorized and required, to lay off Murray county into Militia Districts, in such manner as they may think proper, and with a view to the convenience of the citizens. Sec. 2. And be it further enacted , That all laws, and prrts 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. 24, 1836.
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AN ACT, For the organization of the office of Adjutant General of Georgia. Sec. 1st. Be it exacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, it is hereby enacted by the authority of the same , That from and after the passing of this act, the State of Georgia shall be divided into two grand divisions, called the first and second grand divisions, the first of which, shall be composed of the following divisions, viz: The first, second, third, fourth, fifth and seventh; the second shall be composed of the following, viz: the sixth, eighth, ninth, tenth, eleventh and twelfth. Sec. 2d. And be it further enacted by the authority aforesaid , That there shall be appointed by the Legislature, one Adjutant General, with the rank of Colonel, who shall perform the duties now required of the Adjutant General in said first grand division, and one assistant Adjutant General, with the rank of Lieutenant Colonel, who shall perform the duties now required of the Adjutant General, in said second grand division; to be commissioned by the Governor, and to hold their office for the term of four years. Sec. 3d. And be it further enacted , That it shall be the duty of the Adjutant General and assistant Adjutant General, in their respective grand divisions, to execute and perform all the duties that are now required by law to be done by the Adjutant General, in attending all drills and reviews in the several counties in their respective grand divisions, and they shall receive receive as a compensation for their services, sixteen hundred dollars each, per annum, to be paid quarterly, out of the military fund, by draft from the Governor. Sec. 4th. And be it further enacted , That the assistant Adjutant General, shall immediately after the completion of the reviews in his division, annually, make his returns to the Adjutant General, who shall consolidate, with his own, the same, and make his returns as are now required by law. Sec. 5th. And be it further enacted , That the Adjutant and his assistant Adjutant General, shall, in their respective divisions, employ a suitable band of music, to consist of a drummer and fifer, to accompany them round their reviews, and such compensation shall be allowed them, as the Adjutant and his assistant General, may respectively recommend to the Governor, who, on his approval of the same, shall draw his warrant for the amount, payable out of the military fund,
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Sec. 6th. And be it further enacted , That an act passed the twenty-third day of December 1822, entitled an act more effectually to define the duties of Adjutant General, Division and Brigade Inspectors, and to regulate their pay, be, and the same is hereby repealed. Sec. 7th. And be it further enacted , That should the Adjutant, or his assistant, fail to attend the general reviews, which may be ordered by the Commander-in-Chief, in any county, unless it be for providential cause, he shall, for every such failure, forfeit and pay the sum of one hundred dollars, and upon complaint, made in writing, to the Commander-in-Chief, of such failure, it shall be his duty to order a court martial, as provided for, in the twenty-seventh section of an act, entitled an act, to revise and consolidate the militia laws of this State, and to repeal the Cavalry laws now in force in this State; and the trial shall be conducted under the laws now in force in this State. Sec. 8th. 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, 28th Dec. 1836. MORTGAGES. AN ACT, To alter and amend the several Acts regulating the foreclosures of mortgages upon real estate. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia. and it is hereby enacted by the authorty of the same , That, from and after the passage of this act, in all cases where any application shall be made to any Superior Court of this State, for the foreclosure of any mortgage upon real estate, it shall be the duty of such Court to pass an order, requiring the mortgager to pay the principal
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and interest due upon such mortgage, into court, on or before the first day of the next term, which order shall be served or published in the manner now required by law; and if such order be not complied with by the mortgager, the Court may at such term, pass a rule absolute for the sale of the mortgaged property. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate, WILLIAM SCHLEY, Governor. Assented to, Dec. 26, 1836. NAMES CHANGED. AN ACT, To change the names of certain persons therein named and 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 from and after the passage of this act, that the name of Hezekiah Dickson Vinson, be, and the same is hereby changed to that of Hezekiah Dickson Tillman; as such, he shall be known and called in law, and that he is hereby declared to be fully and completely legitimatized, and entitled to all the rights and previleges that he would have been, had he been born in lawful wedlock; and be fully capable of taking and inheriting all manner of property so far as relates to the estate, both real and personal, of James Tillman, late of Clark, now Walton county, his reputed father. Sec. 2. And be it further enacted , That the name of Elizabeth Sorrells, be changed to that of Elizabeth Bennett, of Walton county; and that she be, and is hereby declared to be fully and completely ligitimatized; and that she be, and is hereby entitled to all the rights and privileges, that she would have been, had she been born in lawful wedlock.
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Sec. 3. And be it further enacted That the name of Thomas Barnes, be changed to that of Thomas J. Early, and shall be known as such in law. Sec. 4. And be it further enacted by the authority of the same , That the name of Martha S. Connelly, of Paulding county, shall be called and known by the name of Martha S. Carbow. Sec. 5. And be it further enacted , That the name of William Singleton, shall be changed and known hereafter in law, by the name of William Baldarre. Sec. 6. And be it further enacted , That from and after the passage of this act, Patrick Ramsbottom, of the county of Chatham, shall be called and known by the name of Patrick R. Kenna. Sec. 7. And be it further enacted by the authority aforesaid , That the name of Robert and Thomas Tolly, be changed, to that of Robert and Thomas Sanford, of Greene county, and they be capable in law, to inherit and take by descent, from the said Daniel Sanford, their reputed father, and entitled to all the privileges to which they would have been entitled, had they been born in lawfull wedlock. Sec. 8. And be it further enacted by the authority aforesaid , That the name of Lewis McKeleroy, of Carroll county to that of Lewis Trucklims. Sec. 9. Be it further enacted , That all laws, and parts of laws, millitating 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. 24, 1836. AN ACT, To legitimatize, and change the name of William Short, of Cherokee county, to that of William W. Willson, and to change the name of John Robison to that of John Anderson, and Martha Ann Hughes, to that of Martha Ann Bush. 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 that authority , That from and after
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the passage of this act, the said William Short, shall be called and known by the name of William W. Willson, and that he is hereby, completely and fully, legitimatized and entitled to all the rights and privileges that he would have had, if he had been born in lawful wedlock, and capable of taking and inheriting receiving all manner of property, by virtue of the statute of distributions of this State, as far as relates to the estate of his reputed father, James Willson, of the county of Cherokee: Provided , nothing in this act, shall be so construed as to authorize the aforesaid person, to inherit, to the exclusion of other children of the said James Willson, who have, or may hereafter be born in lawful wedlock. Sec. 2. And be it further enacted , That the name of John Robison, of Cherokee county, be changed to that of John Anderson. Sec. 3. And it is also enacted by the authority of the same , That Martha Ann Hughes, is legitimatized, and her name changed to that of Martha Ann Bush, and that she is hereby completely and fully legitimatized, entitled to all the rights privileges, that she would have had, if she had 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, as far relates to the estate of her reputed father, Samuel J. Bush, of Wilkinson county: Provided , nothing in this act, shall be so construed, as to authorize the aforesaid person, to inherit, to the exclusion of other children of her reputed father, who have been, or may hereafter be born in lawful wedlock. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30th, 1836. AN ACT, To change the name of Amanda White, to that of Amanda Bracewell, and legitimatize the same, and to change the name of John D. Highsmith. Sec. 1. Be it enacted by the Senate and House of Representives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and atter the passage of this act, the name of Amanda
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White, shall be changed to that of Amanda Bracewell, and she is hereby declared to be fully and completely legitimatized, and entitled to all the rights and legal privileges that she would have been, had she been born in lawful wedlock, and be fully capable of taking, inheriting and receiving, all manner of property, by virtue of the statste of distributions of this State, so far as relates to the real and personal estate of Joseph J. Bracewell, of Pulaski county, her reputed father, any law, usage, or custom, to the contrary notwithstanding. Sec. 2. And be it further enacted by the authority aforesaid , That the name of John D. Highsmith of Burke county, be, and the same is hereby changed to that of John D. Smith. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836. AN ACT, To alter and change the names of John Cornelius Mills, and Martha Mills, to that of John Griner, and Martha Griner, and to legitimatize the same; and to change the names of Hilliard Harrison to that of Hilliard Harrison Mapp; and that of Eaton Jefferson Newby, to that of Eaton Jefferson Mapp. 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 passage of this act, the persons now known by the names of John Mills, and Martha Mills, be, and the same are hereby changed to that of John Griner and Martha Griner. Sec. 2. And be it further enacted , That the said John Griner and Martha Griner, are hereby declared to be fully and completely legitimatized, and entitled to all the rights and privileges which they would have been entitled, had they been born in lawful wedlock, and fully capable of taking, inheriting, and receiving, all kinds of property, by virtue of the statute of distributions of this State, so far as regards the
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estate, both real and personal, of John Griner, of Baker county, Georgiathe reputed father of the said John Griner and Martha Griner. Sec. 3. And be it further enacted by the authority of the same , That from and immediately after the passage of this act, the said Hilliard Harrison, shall be known in law, by the name of Hilliard Harrison Mapp, and that the said Eaton Jefferson Newby, shall be known in law, by the name of Eaton Jefferson Mapp, 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, Dec. 24, 1836. AN ACT, To change the name of John Herindon to that of John Brown, John McCullar and Tabitha McCullar to that of John Allen and Tabitha Allen. 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 said John Herindon shall be known in law, by the name of John Brown, any law, usage or custom to the contrary notwithstanding. Sec. 2. And be it further enacted by the authority aforesaid , That the names of John McCullar and Tabitha McCullar, of Wilkinson county, be changed to that of John Allen and Tabitha Elizabeth Allen, and in future to be known and called by those names. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 26, 1836.
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NOTARIES PUBLIC. AN ACT, Amendatory of an act, assented to the 21st December, 1820, authorizing the certificates and acts of Notaries Public, to be received in evidence in certain cases. 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 certificates, protests, and other acts of Public Notaries, under the hand and seal of such Notary, in relation to the non-acceptance of any bill of exchange, draft, or other order, made for the payment of money, or other thing, and also in relation to the non-payment of any bill of exchange, draft, order, bond or note, for the payment of money, or other thing, shall be deemed and received by the several courts of law and equity in this State, as sufficient prima facie or presumptive evidence of the facts therein stated, without any other, or further proof; Provided always , that nothing in this act, shall prevent either party, plaintiff or defendant, from having the benefit of the testimony of such Notary, should they deem it necessary: And provided also , that the party relying on such notarial act, shall, at the first term, file in the Court, either a copy, or the original of such protest or other acts. And provided further , that whenever a plaintiff, relying upon such notarial act, shall fail to file the same as is herein provided, the Court may grant such further time as it shall deem to be reasonable, in which it must be filed in order to be operative as evidence. And be it further enacted , That all laws or parts of laws, militating 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, Dec. 26, 1836.
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PARDON PENAL CODE. AN ACT, To pardon John Howard, of the County of Talbot. Whereas, at a Superior Court held in and for the county of Talbot, at March term, 1836, John Howard was convicted of the crime of murder; and whereas, from the evidence exhibited on his trial, it appears that he was laboring under an aberration of mind; and whereas, the Jury by whom he was found guilty, have recommended him to Legislative clemency. 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, the said John Howard, 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, November 25, 1836. PENAL CODE. AN ACT, To repeal the first, second, third, fourth and ninth sections of an act to regulate the licensing of Physicians to practice in this State, passed Dec. 24th, 1825, and the 17th and 18th sections of the 9th division of the Penal Code, passed December 23d, 1833, so far as they subject to fine and imprisonment, persons practising medicine consisting of vegetable and animal substances, caloric, c., under the name and style of the Botanic Physicians. Sec. 1st. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That
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from and after the passing of this act, the pains and penalties, duress and disabilities prescribed in the sections above cited, shall cease to operate on, or have relation to any free white person now practising, or who may hereafter practice medicine in this State. Sec. 2d. 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, 1836. AN ACT, To add an additional section to the sixth division of the Penal Code. 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 section shall be added to the sixth division of the Penal Code, now of force, and shall be a part thereof, to wit: If any person shall dig or take and carry away from the land of another, any gold, bullion, silver or other metalic substance, with intent to appropriate the same to his, or her own use, without having previously obtained permission of the owner of such land, so to do, he or she shall be guilty of a misdemeanor, and upon conviction, shall be punished with fine or imprisonment in the common jail, or both, at the discretion of the Court. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 27, 1836.
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AN ACT, To add an additional section to the twelfth division of the Penal Code 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 the following additional section shall be added to the 12th division of the Penal Code of this State, assented to, on the 23d December, (1833) eighteen hundred and thirty-three: All other acts of wilful malicious mischief, in the injuring or destroying any other public or private property, not therein enumerated, shall be punished by fine, or imprisonment in the common jail, or both, at the discretion of the Court before whom the same shall be tried. 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, Dec. 24, 1836. AN ACT, To amend the Penal Code now of force in this State, so far as relates to the trial of persons committing offences where it requires the joint action and concurrence of two or more persons to commit the same. Whereas, by the now existing Penal Code of force in this State, it is imperative on the several Superior Courts in this State, to try persons jointly, committing offences which require the joint action and a concurrence of two or more to commit the same, in consequence of which, offenders are permitted to escape unpunished; for remedy whereof: Sec. 1st. Be it enacted by the Senate and 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 it shall be lawful for the several Superior Courts in this State, that when any persons shall be arraingned before any of the
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aforesaid courts, eharged with any offence which requires the joint action and concurrence of two or more persons to commit the same, it shall be lawful for said Superior Courts to try any two or more of such persons so offending, and 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. 28, 1836. AN ACT, Regulating the trial of any person or persons for an offence which subjects the offender to fine or imprisonment in the common jail, or both, at the discretion of the Court, relative to the mode of impannelling and challenging Jurors for the trial 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 passing of this act, that upon the trial of any person or persons for an offence which subjects the offender to fine or imprisonment in the common jail, or both, at the discretion of the Court, it shall be the duty of the Court before whom he or she is tried, to have a pannel of twentyfour Jurors made up from the Petit Jurors in attendance, or by summoning talismen, of which pannel, the defendant shall have the right to challenge seven, and the State five Jurors, and the remaining twelve Jurors, shall try the defendant. 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, 1836.
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PENITENTIARY. AN ACT, To authorize a loan to the Inspectors of the Penitentiary, for the purpose of procuring materials to provide for the erection of suitable houses for the Keeper, on the Penitentiary square; to fix the salaries of the Physician and Sub-keepers, and wages of the Guard; and to define the mode of 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 Governor be, and he is hereby authorized to draw his warrant upon the Treasury of the State, in favor of the Inspectors of the Penitentiary, upon their written application, for an amount of money not exceeding five thousand dollars, which sum of money is to be considered as a loan to said Institution, and to be refunded whenever by the collection of the debts due thereto, it shall be enabled to do so without embarrassment to its future operations. Sec. 2. And be it further enacted , That it shall be the duty of the Inspectors, to apply so much of said loan, as will be sufficient to procure such a stock of lumber and materials, as that the Institution may in future have always a two years supply in advance of the work and manufactures there carried on. Sec. 3. And be it further enacted , That until the same shall be altered by a subsequent Legislature, it is hereby made the duty of the Inspectors, to cause to be paid out of the funds of the Penitentiary, quarterly, to each of the Assistant Keepers and Book Keeper, the sum of one thousand dollars per annum; to the Physician of the Penitentiary, five hundred dollars per annum, and to each member of the Guard, twenty-five dollars per month. Sec. 4. And be it further enacted , That no member of the Guard shall be dismissed or discharged from employment in the service of the said Institution, but upon the proof of incompetency, remissness and neglect of duty, or want of fidelity, to be judged of by the Board of Inspectors, and whenever a
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dismissal (other than a voluntary one) takes place, a statement thereof, and the grounds upon which it is made, shall be entered upon the minutes of the Board. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 29, 1836. PILOTS. AN ACT, To regulate the fees of Pilots for the several ports 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, the Pilots for the several ports and harbors of this State, shall receive, as full and ample satisfaction, unto the Pilot bringing in, or carrying out every ship or vessel, inward to, or outward from, any of the ports or harbors aforesaid, a sum, equal to twenty per cent on the rules and prices now established by the board of commissioners for the regulation of Pilots rates, and all matters relating to the Pilotage for the several ports of this States. Sec. 2d. And be it further enacted by the authority aforesaid , That nothing in this act contained, shall be so construed as to deprive the Boards of Commissioners of Pilotage of the several ports and harbors of this State, of the power of reducing said fees of the Pilots of said several ports and harbors, to the rates now established and in force; Provided , that said reduction be not made at any time previous to the first day of June next. Sec. 3d. 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. 24, 1836.
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POOR SCHOOL FUND. AN ACT, To amend an act, passed the 26th December, 1835, to amend an act, passed the 20th December, 1834, on the subject of the Poor School Funds, so far as relates to the arrears to be paid out of the Poor School Funds of the county of Laurens. Sec. 1st. Be it enacted by the Senate and 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 for the county of Laurens, to pay the teachers of the Poor Children of said county, 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 Trustees of said county, 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: Provided , that such teachers of the Poor children in said county, shall not in future, receive any money out of said fund, 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, and obtained a certificate to that effect, 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. 30, 1836. AN ACT, To consolidate and add that part of the funds hertofore set apart for the support of County Academies, to the Poor School Funds, so far as respects the county of Baker. Sec. 1st. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, that part of the Funds, heretofore set apart for the support of County Academies, so far as respects the county of Baker, be consolidated, added to
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become a part of the Poor School Fund of said county, subject in every respect to the laws now in force, which provide for the application and disbursement of the Poor School Fund. Sec. 2d. And be it further enacted c . That all laws, 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. 24, 1836. AN ACT, To authorize and require the Justices of the Inferior Court of the county of Lincoln, to pay over to the Trustee of the Poor School Fund of said county, or cause the same to be done, the one-half of the taxes collected in said county, under the general tax law of the years 1835 and 1836, and to require the Trustee to discharge the unpaid accompts, heretofore presented, in terms of the law, and not paid for want of funds, as well as the payment of accompts hereafter presented for the education of poor children in terms of the law. Sec. 1st. Be it enacted by the Senate and House of Representives of the State of Georgia, in General Assembly met, and it is hereby enacted by authority of the same , That from and immediately after the passage of this act, the Justices of the Inferior Court of the county of Lincoln, and their successors in office, be, and are hereby authorized and required to pay over to the Trustee of the Poor School Fund of said county of Lincoln, or cause the same to be done, as collected, or that may have been collected, the one half of the taxes collected in said county for the years 1835 and 1836, by the general tax law, to be applied to the payment of accompts heretofore presented and unpaid by said Trustee and his predecessor, as well as to such as may hereafter be presented in terms of the law, for the education of poor children in the county aforesaid. Sec. 2d. And be it further enacted c . That the Inferior Court at their February term of each year, shall require said
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Trustee to exhibit his accompt to them, setting forth the receipts as well as his expenditures of such monies received for the education of the poor in the county of Lincoln, setting out specially to whom paid, showing receipts, and specifying the children taught; on his failure, to place forthwith, his bond in suit, and discharge him from his said office as Trustee, without a lawful excuse for such neglect. Sec. 3rd. And be it further enacted , That his Excellency the Governor, be, and he is hereby authorized and required to pay over to the Trustee of the Poor School Fund of said county of Lincoln, or to his order, the amount of dividend set apart as the portion due said county for the year 1836. Sec. 4th. And be it further enacted , That all laws and parts of laws militating against this law, 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. 30, 1836. AN ACT, To repeal an act, to consolidate the Academic Poor School Fund of the county of Wilkinson, passed on the twentysecond day of December, eighteen hundred and thirty-five. 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 passage of this act, the law passed on the twenty-second day of December, eighteen hundred and thirty-five, consolidating the Academic and Poor School Fund of the county of Wilkinson, 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, Dec. 24, 1836.
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PUBLIC PRINTER. AN ACT, To provide for the election of a Public Printer, and to regulate the printing required, to be performed by the Legislature. 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 at every annual session the General Assembly, by joint ballot, shall elect a State Printer, whose duty it shall be, to print the Laws and Journals of the next following annual session, such bills and other documents, as either branch of the General Assembly shall, at such next following annual session direct to be printed; and should there be an extra session of the General Assembly between the election of the State Printer aforesaid, and the next following annual session, he shall execute the like public printing of such extra session. Sec. 2. Be it further enacted, by the authority aforesaid , That the public printing aforesaid, shall be performed within the State, and that the State Printer chosen as aforesaid, shall give bond with security to be approved by the Governor, in the sum of ten thousand dollars, for the faithful discharge of his duty as such. Sec. 3. Be it further enacted, by the authority aforesaid , That the Laws and Journals shall be printed on small pica, on a page of the size of the page of the Laws of the United States, and of like intervals between the paragraphs and laws. Sec. 4. Be it further enacted by the authority aforesaid , That the Public Printing shall be paid for at the following rates, viz: For each sheet of the laws and journals, containing eight octavo pages, one cent and a half; for each sheet of eight octavo pages of the job printing, eight cents through the first hundred sheets; four cents per sheet of eight octavo pages, after the first hundred sheets; each single job less than a sheet, to be counted for a sheet; rule and figure work, either in the Laws or Journals, or in the job printing, shall be paid for at double those rates. For cutting, folding, stitching, covering, title-page, and trimming of ten thousand volumes
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of the Laws and Journals, there shall be paid eight hundred dollars; any other number to be paid for at the same rate. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 23, 1836. QUARANTINE. AN ACT, For the relief of the counties of Muscogee and Talbot, and the city of Columbus, and to amend and explain an act entitled an act, to oblige vessels and persons coming from places infected with epidemical diseases, to perform quarantine, and to prevent bringing in, and spreading maliguant and contagious disorders in this State, passed 14th December, 1793. 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 of any county, or the corporate authorities of any city in this State, within the limits of which any infectious disease may appear, are, and they are hereby authorized and empowered to provide a suitable temporary hospital for the afflicted, to furnish them with subsistence, medicine and nurses, and they are hereby further authorized, to provide a guard to prevent the communication with others of the sick, and their attendants, and to order the destruction of infected clothing, and also the interment of the dead. Sec. 2. And be it further enacted by the authority aforesaid , That his Excellency the Governor, be, and he is hereby authorized and requested to pay all accounts of reasonable expenses incurred by the several counties and cities in this State, in carrying into effect, the provisions of the foregoing section: Provided , that such accounts be certified by a majority of the Justices of the Inferior Court of the county, or corporate authorities of any city or town in which said expenses may have been incurred, to be reasonable and correct.
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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. 29, 1836. RAIL ROADS. AN ACT, To authorize and empower the Brunswick and Florida Rail Road Company, to construct a branch from the said road, from any point on said road, to any point on the Flint and Chattahoochee rivers. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the Brunswick and Florida Rail Road Company shall be, and they are hereby authorized and empowered to construct a Rail Road from any point on the Brunswick and Florida Rail Road, to any point on the Flint or Chattahoochee rivers. Sec. 2. And be it further enacted , That all the rights, powers, privileges and immunities, secured by law, to the Brunswick and Florida Rail Road Company, shall be, and the same are hereby granted and secured to the branch of said road, thereby authorized to be constructed. Sec. 3. And be it further enacted , That for the purpose of completing the Brunswick and Florida Rail Road, and the branch, hereby authorized to be constructed, the capital stock of said company, may be increased to any sum not exceeding five million of dollars. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24, 1836.
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AN ACT, To alter and amend an act, entitled an act to incorporate the Chattahoochee Rail Road Company, passed the 21st day of December, 1835, and to give to 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 constructing, or opening a Rail Road communication from Columbus, up and along the course of the river Chattahoochee, as near as conveniently may be, to West Point, and from thence, up and along the course of said river as nearly as may conveniently be, to where the said Rail Road shall intersect the main Rail Road, expected to be constructed by the State of Georgia, from the Tennessee line at or near Rossville, to said river Chattahoochee, the corporation of the town of Columbus, and such other corporations, and individuals, as that corporation shall associate with it, or such persons who may hereafter become subscribers for stock under the provisions of this act, and their assigns, shall hereafter be a body corporate, by the name and style of the Chattahoochee Rail Road and Banking Company of Georgia; by the said corporate name, shall be, and are hereby made capable and able 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, and the same to sell, grant, alien, demise, 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 , 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 Rail Road, and such as shall have been bona fide mortgaged to it as security,
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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 two millions of dollars, in shares of one hundred dollars each; and that the said Company be formed on that capital, whereof one-fourth part shall be reserved for the State of Georgia, which may be subscribed for by the Governor under the direction of the Legislature, at any time within six months from the passage of this act; of the whole capital, one half may be used for banking purposes, not more, except as is hereinafter provided by the fifth and seventh sections of this act, before the completion of the work, when any capital stock employed may be used in addition for banking purposes: Provided , that twenty-five per centum of each installment, 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 be opened at such time and places as shall be appointed by the corporation of Columbus, and shall remain open at each place, for the space of two days, giving at least thirty days notice in the three public gazettes of Columbus; and, on the opening of said books, the commissioners to be appointed for that purpose, by said corporation of Columbus, shall require, under seal, the sum of twenty-five dollars for each share to be subscribed; and on closing the books of subscription, the commissioners for places other than Columbus, shall forthwith transmit the books of subscription and money by them respectively received, to the commissioners at Columbus, who shall consolidate all the subscriptions; and if, on consolidation, a greater number of shares than twenty-two thousand seven hundred and fifty shall have been subscribed for, it shall be the duty of the said commissioners to scale down from the subscribers having the greatest number of shares, until the number left, shall be precisely twenty-two thousand seven hundred and fifty. And should the one-fourth part of said stock reserved, not be taken by the State, within the time stipulated, the same may be disposed of at any time thereafter, in such manner as a majority of the directors for the time being may order and direct. Sec. 4. And be it further enacted , That for the well ordering
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the affairs of the said corporation, there shall be seven directors, to be chosen by the stockholders or proprietors of the capital stock of the said Company, at a time and place to be designated by the commissioners at Columbus, after they shall have received twenty-five per centum on the amount subscribed, and after thirty days notice of such election shall have been given in the gazettes of Columbus, when a majority of all the votes given in, shall be necessary to make a choice; and those who shall be chosen 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; in case of his death, resignation, or permanent removal from this State, or from the board of directors, the said directors, shall proceed in like manner to fill the vacancy by a new election for the remainder of the term for which he shall have been elected; and if, from any cause, it should so 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 any other 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 casue or casualty the board of directors shall be reduced to a number less than four, it shall 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 the full board for the remainder of the term; and in case the State shall subscribe for the stock so as aforesaid reserved, then there shall be an additional number of four directors, who shall be annually appointed in such manner as the Legislature shall order and direct. Sec. 5. 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 Rail Road communication from the
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City of Columbus, up and along the course of the river Chattahoochee, as near as conveniently may be to West Point, and from thence up and along the course of said river, or as near as may be convenient, until it shall intersect the main Rail Road contemplated to be erected by the State, from the Tennessee line, at or near Rossville to said river Chattahoochee; and should said main Rail Road not be erected, then the said Company shall have the right to terminate their said Rail Road at such a point, on or near said river, as they may deem best, not south of West Point; and for this purpose, the said directors shall appropriate and apply, of the money so received on subscription, at least the sum of two hundred thousand dollars, 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 authorize said Company to apply more than one half of their stock, to banking purposes, until the completion of the Rail 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 said Rail Road, and to supervise the accounts thereof, and to vest in such board, such persons as may be necessary to enable it to accomplish the purpose of its appointment; and shall have further power to appoint a Cashier and such other officers 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 appointed, such compensation for their services respectively, as shall be reasonable, and the said principal board of directors, shall be capable of exercising such 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 shall have power to call in such further and other instalments on the capital stock subscribed, as it shall think proper; and on 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; the share
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or shares, so forfeited, all payments theretofore made, shall accrue to the benefit of the said corporation, to be disposed of as the said 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 subscriptions 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 and for banking purposes, and shall entitle the proprietor thereof to dividends as such, accorded by the provisions of the seventh rule hereinafter established. Sec. 8. And be it further enacted , That certificates of stock shall be issued signed by the Cashier, and may be transferred in such manner as the directors may, by their by-laws, order and direct. Sec. 9. And be it further enacted , That the bills obligatory and of credit, notes and other contracts whatever, on behalf of said corporation, shall be binding and obligatory on said corporation: Provided , the same be signed by the President, and countersigned by the Cashier of said Company; and 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 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. 10. And be it further enacted , That the said corporation shall not at any time, suspend or refuse payment in gold or silver, of any of its notes, bills, or obligations; and if the
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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 any 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. 11. And be it further enacted , That whenever a demand shall be made on this bank, by any bank or branch bank, 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. 12. And be it further enacted , That the following rules, regulations, limitations, and provisions, shall form the 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 calendar 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 term 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 four, and in case of the appointment of directors on the part of the State, not less than six 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
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one, except in case of sickness or necessary absences 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 Columbus, specifying in such notice, the object of such meeting. Rule 5. The Cashier and other officers of said Company, before they enter upon 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, 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 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 things shall be held for the use of the depositor at his risk. 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, after the first six months, if the condition of the company warrant it, until the [Illegible Text] 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 the directors, at a meeting to be held for that purpose, and in no case shall exceed the [Illegible Text] amount of the nett 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 [Illegible Text] or shall require it, the yeas and nays of the directors [Illegible Text], shall be recorded in such book, and those minutes be at all
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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 the Rail Road aforesaid; 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, in addition to the two hundred thousand dollars aforesaid, 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 the sum of two hundred thousand dollars, of the sum paid in at the time of subscription, to the running a Rail Road 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 completed from Columbus, as aforesaid, 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 merchandize, and passengers, and to supply it with all necessary cars, engines, and necessary apparatus, conveniencies 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 said Road from Columbus as aforesaid, the funds of said Company appropriated to 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
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be more for the interest of the Company so to use it than in banking purposes: Provided , that said Company shall always reserve for banking purposes, an amount of capital, equal to one third, at the least, of the amount it may have in circulation. Sec. 13. And be it further enacted , That the said corporation be, and it is hereby authorized and empowered to make, construct, and maintain, a Rail Road 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 Columbus as aforesaid, paying to the owners of land through which the same may pass, a just indemnity, to be ascertained as hereinafter provided for, for the value of the land covered by the rail-way, 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 any person shall own land on both sides the Rail Road at any point, the company shall be bound to suffer such owner to construct for his own convenience, such road or bridge across said Rail Road as may not obstruct or incommode the passage or free travel on or along the said Rail Road, except by such bridge without the express permission of such corporation. Sec. 14. And be it further enacted , That when any person shall feel himself aggrieved or injured by the said Rail Road being carried through his land, or by the use of timber or other materials from any lands in the neighborhood 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 rail way 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 whoam shall be disinterested free holders 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 the 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
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Court, or three Justices thereof in vacation as aforesaid, and one by the said company, the award of a majority 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 a special jury as other appeals, at the next term thereafter of the Superior Court of said county, and the decision in either case, 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, but the same shall in all cases be continued without interruption, on adequate security being required of, and given by said company: And provided also , that it do not interfere with the house, mill or other building, or yard inclosure of individuals: Provided , that nothing in the above section shall so be construed as to authorize the appraisers to make any estimate or valuation, by which the land holder shall become indebted to the corporation: Provided , five days notice shall be given to the owner of such land, of the time and place of trial. Sec. 15. And be it further enacted , That whenever the said Rail Road 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 Rail Road: Provided , such bridges shall not obstruct or incommode the use of the said Rail Road, or subject the said company to any damage or expense. Sec. 16. And be it further enacted , That the directors for the time being, shall have power to employ artists, managers and laborers, 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. Sec. 17. And be it further enacted , That the said Rail Road and appurtenances of the same, shall not be subject to be taxed higher than one half of our per centum upon its annual nett 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 the said corporation in the ratio of taxation of like property.
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Sec. 18. And be it further enacted , That any person injuring the property of said company, or who shall throw earth, stones, trees, rubbish, logs, or other matter or thing whatsoever, in or upon the Rail Road or its appurtenances, shall be punished by indictment, as for a misdemeanor, and on conviction may be fined and imprisoned at the discretion of the court, and shall also be liable for such damages as may be occasioned thereby, to be recovered by action, at the suit of said company, or of any person aggrieved thereby, in any court having jurisdiction. Sec. 19. And be it further enacted , That the said company shall be entitled to the exclusive use of the said Rail Road, 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 Rail Road; and that for the collection of tolls, the said company, or its proper officers, may stop and detain all vehicles, or produce, or merchandize using said Rail Road, 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, shipper, 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. 20. And be it further enacted , That the principal office and bank, shall be located in the city of Columbus, and that it may establish one, or more branches at such place or places, as a majority of the directors may determine. Sec. 21. And be it further enacted , That said company shall have full power and authority to carry said Rail Road over and across all or any rivers, creeks, waters or water courses
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that may be in the route thereof, or any branch thereof, by any suitable bridges or other means: Provided , that when such Rail Road shall cross any navigable water course, that the same shall not be so constructed as to impede the navigation thereof. Sec. 22. And be it further enacted , That the Rail Road 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. 23. And be it further enacted , That the exclusive right granted by this act, and the one of which this is an amendment, to the Chattahoochee Rail Road and Banking company, to construct, keep up, and use a Rail Road from the City of Columbus as aforesaid, 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 Rail Roads or canals along said route or any part thereof: Provided nevertheless , that the Columbus Rail Road and banking 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, and privileges, and powers 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. 24. And be it further enacted , That the said act of which this is an amendment, shall be in full force, except where it militates against this act. Sec. 25. And be it further enacted , That the persons and property in the said Chattahoochee Rail Road and Banking company, 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 common commercial cases, or simple actions of debt. Sec. 26. And be it further enacted , That no foreigner, by
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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. Sec. 27. And be it further enacted , That the said Rail Road, and every part of it, and all materials purchased for its construction, and all the locomotives of said company, and every species of property owned by the company, shall be pledged, in the first place, for the payment of their Banking operations, on one half of the capital, set aside for banking purposes. Sec. 28th. And be it further enacted c. That nothing in this act shall be so construed, as to prevent any future legislature, from permitting any future company, now or hereafter to be incorporated, to join, or cross said road. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 29, 1836. AN ACT, To grant Thomas Spaulding, Esq. Lewis A. Bond, Charles Day, James R. Butts and Alexander Shotwell, the right of constructing a Rail Road from the Flint, to the Chattahoochie river, with 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 Thomas Spaulding Esq. Lewis A. Bond, Charles Day, James R. Butts, and Alexander Shotwell, be authorized to construct a Rail Road from the Flint, to the Chattahoochee river, commencing at Flint river in the fourteenth district of Lee county, opposite the termination of the surveyed route of Thomas Spaulding's Rail Road from the Ocmulgee to Flint river, and extending to the town of Fort Gains, in Early county. Sec. 2. And be it further enacted , That the said Thomas Spaulding, Lewis A. Bond, Charles Day, James R. Butts and Alexander Shotwell, shall have power to purchase in fee
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simple, such lands as may be necessary and proper for the constructing, completing, and use of said Rail Road, and in case of disagreement as to the price of the lands so taken, between the drawer or owners thereof and the said Thomas Spaulding, Lewis A. Bond, Charles Day, James R. Butts, and Alexander Shotwell, such disagreement is to be determined by the award of three sworn appraisers, to be chosen, one by the land owner, one by the said Thomas Spaulding, Lewis A. Bond, Charles Day, James R. Butts and Alexander Shotwell, and one shall be appointed by the Inferior Court of the county, with a right of appeal to either party, to be tried by a special jury at the term of the Superior Court next thereof, to be held in that county, and the decision in whatever way finally made, shall vest in said Rail Road company, the fee simple of the land in question, and in the other party, a judgment for its value thus ascertained. Sec. 3. And be it further enacted c. That the said Thomas Spaulding, Lewis A. Bond, Charles Day, James R. Butts, Butts, and Alexander Shotwell, be, and they are hereby incorporated a company, entitled the Flint and Chattahoochee Rail Road Company, for the purposes herein mentioned, and are declared capable of suing and being sued; pleading and being impleaded; and of using all necessary and legal measures of procuring and defending the rights, privileges, and immunities, hereby granted to the said company. Sec. 4. And be it further enacted by the authority aforesaid , That the said company shall have authority to impose, demand and exact, such rates of charges for the transportation of passengers and freight, as shall be just and equitable, not exceeding the rates of toll charged by the Georgia Rail Road Company. Sec. 5. And be it further enacted by the authority aforesaid , That the term of ten years be allowed to the said company, to complete the said Rail Road, from the passage of this act, and if at the expiration of the time herein specified, the said work shall not have been completed, then, and in such case, this charter of incorporation and all the rights, privileges, and immunities hereby granted, shall cease and be void to all intents and purposes. Sec. 6. And be it further enacted c. That there shall be no other Rail Road granted or extended between the rivers Chattahoochee and Flint, nearer than twenty five miles of the
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road granted by this charter: Provided , any road may hereafter cross, or intersect said read. Sec. 7. And be it further enacted , That this charter shall continue thirty years, at the expiration of which, it shall cease, but said company shall continue seized of all the Rail Road and appurtenances belonging thereto. Sec. 8. And be it further enacted , That the said Rail Road shall be commenced within two years, and be finished within six years after the passing of this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, December 30, 1836. AN ACT, To amend the acts incorporating the Georgia Rail Road and Banking Company, and the Central Rail Road and Banking Company of Georgia. Sec. 1st. Be it enacled by the Senate and 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 eleventh section of an act approved the twenty-first day of December, 1833, to incorporate the Georgia Rail Road Company c. be, and the same is hereby repealed, and that in all cases in which disagreement may exist, or may hereafter arise between individuals or incorporations, and the Georgia Rail Road and Banking Company, as to the right of way or damages to property, the disagreement shall be settled as prescribed in the fifteenth section of an act, to amend the act incorporating the Central Rail Road and Canal Company of Georgia approved that 14th day of December, 1835. Sec. 2d. And be it further enacted , That no stockholder of the Georgia Rail Road and Banking Company, indebted to the Bank, shall transfer his or her stock, except to the said company, until all debts due said Bank by such stockholders, shall be paid unless by consent of the directors, entered upon their minutes. Sec. 3d. And be it further enacted , That in no suit or action
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in any Court of this State, in which the Rail Road and Banking Company may be a party, it shall be lawful for the other party or parties, to require said Rail Road and Banking Company to produce the books of said 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 allowment of Justice, that evidence contained in such 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 said suit may be pending. Sec. 4th. And be it further enacted , That nothing in the 4th section of an act, passed on the 14th December, 1835, to amend an act to incorporate the Central Rail Road and Canal Company of Georgia, shall be so construed as to prevent three directors from constituting a quorum for the transaction of business, during the months of July, August, September and October, in each year: Provided , such members shall constitute a majority of the directors in the city of Savannah, at the time of the meeting of the board, during any of the said months: Provided , that the companies whose charters are amended by this act, shall assent to such alterations. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 26, 1836. AN ACT, To incorporate a Rail Road Company, to be called the Middle Branch Rail Road Company, for the purpose of constructing a Rail Road, from Madison, in Morgan county, to the Chattahoochee river, by way of Covington, in Newton 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
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John N. Williamson, Isaac P. Henderson, Carey Wood, Iverson L. Graves, William D. Conyers, Jesse L. Baker, Horace J. Bates, Charles H. Sanders, and Joseph S. Anderson, and their associates, successors, and assigns, be, and they are hereby created a body politic, by the name and style of the Middle Branch Rail Road 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. Sec. 2d. And be it further enacted by the authority aforesaid , That the capital stock of said Company, shall be fifteen hundred thousand dollars, divided into shares of one hundred dollars each. Sec. 3d. And be it further enacted by the authority aforesaid , That it shall and may be lawful for said John N. Williamson, Isaac P. Henderson, Carey Wood, Iverson L. Graves, William D. Conyers, Horace J. Bates, Jesse L. Baker, Charles H. Sanders, and Joseph L. Anderson, and they are hereby authorized and empowered to create the original stock of one and a half millions of dollars, or so much thereof as may be necessary to establish the aforesaid Company, upon the subscription of one million and a half of dollars, by causing books of subscription to be opened at such places, and in such manner as they may deem most conducive to the obtainment of the stock required to establish the said Company, and commence the work. Sec. 4th. And be it further enacted by the authority aforesaid , That for the organization of the said Company so soon as the requisite amount of three thousand shares of the capital stock shall have been subscribed, the Commissioners aforesaid, shall appoint a convenient time and place for the meeting of the stockholders in Covington, for the purpose of electing officers, and of doing all, and any necessary acts which may be deemed necessary for the organization and regulation of said Company. Sec. 5th. And be it further enacted by the authority aforesaid , That said Company shall possess and enjoy all the rights, immunities, and privileges, which are had possessed, and enjoyed by the Georgia Rail Road and Banking Company, and shall be subject to all the pains, penalties, liabilities, restrictions, limitations, which are incident to, and binding
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upon the said Georgia Rail Road Company, except as relates to banking privileges. Provided , that if three thousand shares are taken within twelve months from the passing of this act, the charter hereby granted, shall not be forfeited. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. ASsented to, Dec. 30, 1836. AN ACT, To amend the charter of the Monroe Rail Road Company, incorporated for the purpose of constructing a Rail Road from the City of Macon to the Town of Forsyth, in Monroe county; to extend the route of said Road in a North-western direction; to alter and change the name of said Company; and to confer on said Company, banking powers and privileges. Sec. 1st. Be it enacted by the Senate and 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 Monroe Rail Road Company, and such other persons as shall take stock under the provisions of this act, and their successors and assigns, shall be a body politic and corporate by the name and style of the Monroe Rail Road and Banking Company, and by said corporate name, shall be capable in law, of contracting and being contracted with; of suing, and being sued; and of doing and being bound by all acts and things which said corporation may lawfully do, or be bound by, under this act, or that of which it is amendatory; and shall also, by said corporate name, be entitled to, and vested with all the rights, privileges, powers, and franchises, secured to the Monroe Rail Road Company by its existing charter, of which this act is an amendment, so far as the provisions of said charter shall not be altered or modified by this act, and shall further, by and under said corporate name, be entitled to possess and exercise banking powers and privileges, and carry on the banking business to such an extent and under such regulations and restrictions as are hereinafter prescribed.
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Sec. 2d. Be it further enacted , That the said Monroe Rail Road and Banking Company shall succeed to all rights required and to all liabilities incurred by the Monroe Rail Road Company, whether such rights and liabilities have originated by contract or any other manner, and particularly the said Monroe Rail Road Company shall discharge all the obligations into which the Monroe Rail Road Company have entered, in the same manner as the said last mentioned company would have been liable in law to have done, had this act never been passed; and shall also be fully vested in law and equity, with all the property, rights of ways and other easements and effects, belonging to the Monroe Rail Road Company, and shall be bound to prosecute and finish, within the time and in the manner prescribed by the existing charter, the Rail Road which the Monroe Rail Road Company are now constructing, from the City of Macon to the town of Forsyth, in Monroe county. Sec. 3d. Be it further enacted , That the capital of the said Monroe Rail Road and Banking Company, shall be six hundred thousand dollars, and shall consist of the two hundred thousand dollars already subscribed as the stock of the Monroe Rail Road Company, on which twenty per cent has been paid in, and of the further sum of four hundred thousand dollars to be raised by new subscriptions of stock under this act, it having been ascertained by the progress already made in the work, and by the estimate of the engineer of the company, that the entire cost of constructing and equipping said road from Macon to Forsyth, will amount to somewhat over three hundred thousand dollars. And be it further enacted, that one half of the entire capital of six hundred thousand dollars, shall be set apart and applied to the construction of the Rail Road, and that the other half of said capital, may be employed in business of banking. Sec. 4th. Be it further enacted , That after the passage of this act, the President and Directors of the Monroe Rail Road Company, shall cause books of subscription for the aforementioned four hundred thousand dollars of stock, to be opened in the following places, first giving twenty days notice thereof, by the publication in the Macon gazettess; that is to say: in the City of Macon, books shall be opened for subscription of four hundred shares; in the Town of Forsyth, for the subscription of five hundred shares; at Cullodensville, in Monroe county, for the subscription of one hundred shares;
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at Thomaston, for the subscription of two hundred shares; at Zebulon for the subscription of two hundred shares; at Jackson, in Butts county, for the subscription of two hundred shares; at Covington, for the subscription of two hundred shares; at McDonough, for the subscription of two hundred shares; at Decatur, in DeKalb county, for the subscription of two hundred shares; at Favetteville, for the subscription of two hundred shares; at Greenville, for the subscription of two hundred shares; at Newnan, for the subscription of two hundred shares; at Knoxville, for the subscription of one hundred shares; at Perry, for the subscription of two hundred shares; at Marion, in Twiggs county, for the subscription of two hundred shares; at Clinton, for the subscription of two hundred shares; at Monticello, for the subscrption of two hundred shares; at Lumpkin, Stewart county, for the subscription of two hundred shares; at Sandersville, for the subscription of one hundred shares; at Campbellton, Campbell county, for the subscription of two hundred shares. The said President and Directors shall not be bound to keep the books of subscription open at all the various places above mentioned, for a longer space of time than three days from the time specified in their advertisements for opeing the books; all the stock not taken within said three days, may afterwards be offered at Macon, and at no other place. Sec. 5th. The said stock shall be divided into shares of one hundred dollars, and no subscription for any share or shares, shall be received or regarded as valid, unless fifty dollars be paid in cash at the time of subscribing, on the share or shares subscribed. And it is also enacted , That the stockholders in the Monroe Rail Road Company, shall, at or before the closing of the books for the abovementioned subscriptions, be required, in addition to the twenty per cent which they have heretofore paid, to pay such further amounts on their respective shares, as stockholders in the Monroe Rail Road Company, as will make the sum total of payments on said stock, equal to at least fifty dollars on every share thereof. Sec. 6th. Be it further enacted , That so soon as the subscriptions of new stock hereinbefore authorized, shall, upon being added to the two hundred thousand dollars of the existing stock of the Monroe Rail Road Company, make the amount of four hundred thousand dollars, upon which fifty per cent shall have been paid as hereinbefore subscribed, then, and not before, the subscribers for such new stock, the stockholders
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of the present Monroe Rail Road Banking Company may proceed to organize themselves as the Monroe Rail Road Banking Company under this act, may enter upon and carry on the business of banking.And for the purpose of such organization, the President and Directors of the Monroe Rail Road Company, shall give to the subscribers and stockholders, twenty days notice by publication in the Macon gazettes, of the time and place at which the stockholders in the said Monroe Rail Road Company shall meet, to organize said institution and to elect the President and Directors thereof; at which time and place, the stockholders voting by ballot, and in person, or by proxy duly authorized in writing, shall proceed to elect for the term of one year, a President and six Directors of said Company. The votes which each stockholder shall have in said election, and in all elections and votings by the stockholders, shall be eqal in number, to his shares in the stock of the Company. Sec. 7th. The President of the Company shall also be a Director, and shall have a vote in the board of Directors, and the election of President and Directors shall be annual, and the President and Directors elected for any one year, shall continue to act, until their successors are chosen, and shall have power to fill all vacancies which may occur, either in the office of President, or the Board of Directors. The President and Directors shall have the appointment of the Cashier and other officers of the banking department of said corporation, and of all other officers and agents of said corporation; and the Cashier and other officers of the banking department, shall, before entering on their respective offices, give bond for the faithful performance of their duties, in such amount, and with such security as the board of Directors may require. Sec. 8th. Be it further enacted , That the bills obligatory, and of credit, notes, and all other contracts whatever, in behalf of said corporation, shall be binding and obligatory on said corporation: Provided , the same be signed by the President and countersigned by the Cashier of the company; and the funds of said corporation shall in no case be liable for any contract or engagement, 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 in the course of the business of the Company, and except for such contracts as shall be made under the authority
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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 stockholders when convened under the provisions of this, or of the act of which this is amendatory. Sec. 9th. 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, so refuse or neglect to pay upon demand made, and the money being due, then, and in every such case, the holder of such bill, bond, note, or obligation, shall be entitled to interest on the same, at the rate of ten per cent per annum, in addition to the ordinary legal interest. Sec. 10th. The total amount of debts which said corporation shall at any time owe, whether by bill, bond, note or other contract, shall not exceed three times the amount of capital stock actually paid in, and set apart for banking purposes. Sec. 11th. The Rail Road to be built by said Company from Macon to Forsyth, together with all the revenue arising therefrom, and all the property, equipments, and effects therewith connected, shall be pledged and bound for the redemption of the notes or bills issued by, or from said Company, and for the redemption of the same, the private property and individual persons of the stockholders shall likewise be pledged and bound, in proportion to the number of shares held by each, in the same manner as in common commercial cases, or in actions of debt. Sec. 12th. So soon as the subscription and payment of stock as hereinbefore prescribed shall have taken place, and the Company shall have been fully organized and in the manner directed by this act, then, and not before, the Company shall have the right to commence the business of banking, and for that purpose, may cause bills and notes to be issued, signed by the President and countersigned by the Cashier, as is the usual course of banks in such cases: Provided , that the one half of the capital so paid shall be faithfully set apart and applied to building the road, and the other half, be employed in banking, and so on in like ratio, as to all further instalments that may be called in. Sec. 13th. The Directors shall cause fair and regular entries of their proceedings to be kept in a book provided for that purpose, and on any question, if any Director shall so require, the yeas and nays of the Directors voting, shall be
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recorded in such book, and those minutes shall at all times be produced on demand, to the stockholders at their general meetings. Sec. 14th. Dividends of the nett profits of the stock employed in banking, or so much thereof as may be prudent, shall be declared and paid, half yearly, if the condition of the Company shall warrant it, until the road shall yield a profit, when, and in which case, that profit also, shall be divided, and such dividend shall from time to time, be determined by the board of Directors, at a meeting to be held for that purpose, and shall in no case exceed the amount of the nett profits actually acquired by the corporation, so that the capital stock shall remain unimpaired. Sec. 15th. An annual meeting of the stockholders shall be held for the election of President and Directors of the Company, at which time, the President and Directors for the year then expiring, shall make a full report and exhibition to the stockholders, of the affairs of said Company, during said year, and any matters and things touching the interests of the Company, may be considered and decided on by the stockholders, and special meetings of the stockholders at other times, shall be called by the board of Directors, on the application of twenty, or more stockholders, owning five hundred thousand dollars or more of stock. Sec. 16th. The President and Directors shall have the power to call in the stock by such instalments as they deem expedient, and to manage and control the business of the Company, in all matters; said board itself however, being subject to the control of the stockholders, expressed in a meeting of the stockholders, duly held. The Board shall also have power to pass all needful by-laws: Provided , the same be not in conflict with the charter of the Company, nor with the laws of the land. Sec. 17th. Be it further enacted , That in case the Rail Road from Macon to Forsyth shall not be completed in the space of two years after the passage of this act, then and in that case, their banking privileges granted by this act shall be forfeited, and shall thenceforth cease and determine, and in the event of the completion of said road, within said two years, then, and in that case, the banking privileges hereby granted, shall be, and continue to said Company for and during the term of twenty-five years from the time fixed by this act, for the completion of said road.
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Sec. 18th. Be it further enacted , That the said Monroe Rail Road and Banking Company, shall be, and they are hereby authorized to extend their aforesaid Rail Road continuously from and beyond Forsyth, in a northwestward direction, to such point near, or on the Chattahoochee river, as shall hereafter be determined on as the Southern termination of any Rail Road to be constructed by, or under the authority of this State, from the Tennessee line, through the counties of the late Cherokee country, to or near the Chattahoochee, below the mountains, and shall be authorized and empowered, and shall be compelled and obliged to join their said Rail Road to any Rail Road that may be so hereafter built as aforesaid, so as to admit the continuous travel of cars and vehicles, from the one to the other road. Sec. 19th. Be it further enacted , That for the purpose of constructing the aforesaid extension of said Rail Road, from, and beyond Forsyth, in a Northwestern direction, the said Monroe Rail Road and Banking Company shall be, and they are hereby authorized to make within the time set by this act, for the completion of the road to Forsyth, the necessary enlargement of their capital, and in order to such further enlargement of capital, the President and Directors of the Monroe Rail Road and Banking Company shall within the time aforesaid, cause books of subscription to be opened, for the additional subscription of stock, upon like terms with the subscriptions hereinbefore authorized for the new stock of the Monroe Rail Road and Banking Company: Provided , that such enlargement of stock, shall not, in proportion to the length of the extension of the road beyond Forsyth, exceed a rateable proportion to the amount of stock authorized by this act, for the road from Macon to Forsyth: And provided also , that said President and Directors of the Monroe Rail Road and Banking Company, shall fix the amount to be paid at the time of subscription of the stock to be taken under this section, at not less than ten per cent on the amount subscribed, shall afterwards call in payments of stock in such installments as may be requisite for the speedy completion of such extended road: Provided , that such enlargement of the stock, shall not exceed the sum of one million two hundred thousand dollars: And provided , that when such extension of capital shall be made, the same shall in like manner be appropriated and applied, the one half to the extension of said road, the other half to banking purposes: And provided , that no payments
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of capital stock shall be received on such enlarged capital, nor instalments called for, unless requisite for the extension, construction, and expedition on said road; and any such payment called for or reeeived, shall be faithfully applied, the one half to the construction of said extended road, the other half, to banking purposes. Sec. 20th. Be it further enacted , That so soon as a sufficient amount of stock for such extended Rail Road shall be subscribed for the construction of such extended road, the subscribers therefor shall become stockholders in the Monroe Rail Road and Banking Company, and said company shall proceed immediately to the construction of the road beyond Forsyth, and shall construct and finish the same in the space of six years, so as to furnish a continued transit of cars from Macon to the north-western termination of the road. Sec. 21st. The subscribers for the stock, under the provisions of this act for the extension of the road beyond Forsyth, and the subscribers for the stock for the road to Forsyth, shall be placed on the same footing as to dividends, and in all other respects, so soon as the extension of the road beyond Forsyth is completed and put in operation: And it is further enacted , that the State shall be entitled to subscribe for one-fourth part of the stock in the extended road, at any time before the subscriptions thereof shall be closed. Sec. 22d. The several laws forming the charter of the Monroe Rail Road and Banking Company, shall be in force, and applicable to the road extended beyond Forsyth, in respect to banking privileges, and in all other respects, in the same manner as they are in force, and applicable as to the road from Forsyth to Macon. Sec. 23d. The existing charter of the Monroe Rail Road Company, shall continue in force in respect to the Monroe Rail Road and Banking Company, in all matters in which it does not conflict with the provisions of this act. Sec. 24th. Be it further enacted , That no person shall be allowed to subscribe for more than thirty shares of the stock to be created by this act, until the expiration of ten days from the time the books are first opened for subscriptions; nor shall any person now owning stock in the above mentioned Rail Road, be allowed to subscribe for more than will, with that he now holds, make him the owner of thirty shares; neither shall any person, now a stockholder, transfer the stock he now holds to another, so as to allow him to take of the new stock to be
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created, neither shall any new company be formed, or the name of any firm changed in any way, so as to allow the persons composing such company or firm, to subscribe for more stock than they would otherwise be allowed, nor shall any person subscribing for stock, be allowed to transfer the same in such a way that it shall not be made liable for the payment of his debts at any time within one year from the time of his having subscribed for the same. Sec. 25th. Be it further enacted , That any other Rail Road Company, now, or hereafter to be incorporated, may be authorized by the Legislature to cross the said Rail Road at any point. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, 10th Dec. 1836. AN ACT, To amend an act, entitled an act, to amend an act, to incorporate the Georgia Rail Road Company, with power to construct a Rail or Turnpike Road from the city of Augusta, with branches extending to Eatonton, Madison, in Morgan county, to Athens; to be carried beyond those places at the discretion of said company; to punish those who may wilfully injure the same; to confer all corporate powers necessary to effect said object; and to repeal an act, entitled an act, to authorize the formation of a company, for constructing a Rail Road from the city of Augusta to Eatonton, and thence westward to the Chattahoochee river, with branches thereto, and to punish those who may injure the same; to alter and change the name of said company, and to give to said company, banking powers and privileges, passed 18th December, 1835. 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 Georgia Rail Road and Banking Company, be, and it is hereby authorized to lay out, construct and build a branch of said Rail Road from the town of Washington, Wilkes county,
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to some convenient point in Taliafero county, (to be ascertained by actual survey) so as to unite with, and become a part of said Rail Road, to be commenced as soon as practicable after a sufficient amount of stock is subscribed for, and taken for that purpose, or the said company may authorize the same to be done by others, in such manner as they may direct, so as to form a junction with the Rail Road as aforesaid. Sec. 2. And be it further enacted , That the said Georgia Rail Road and Banking Company, are hereby authorized, for the purpose of constructing said branch Rail Road, to cause books of subscription to be opened within six months after the passage of this act, in the town of Washington, Wilkes county, and at other places, if deemed necessary, for the purpose of creating an additional stock of two hundred thousand dollars, under the same rules and regulations as are established by the provisions of the said act of incorporation and the act to which this is an amendment. Sec. 3. And be it further enacted , That the stockholders of the branch Rail Road, as aforesaid, shall be entitled to, and enjoy all the privileges and advantages that are secured to the stockholders of said company, subject to the control and direction of the board of directors of the Georgia Rail Road and Banking Company. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836. AN ACT, To Incorporate the Saint Marys and Columbus Rail Road Company. Whereas, Archibald Clark, Duncan L. Clinch, Henry Baeon, Louis Dufour, Henry E. Turner, Samuel Clarke, Lemuel Church, Whipple Aldrich, Alfred Doolittle, John Stotesbury, John Rudolph, John Pottle, Horace J. Pratt, Henry E. W. Clark, B. Hopkins, and others, by their petition to this General Assembly, have represented that the opening of a Rail Road communication between the cities of St. Marys and Colombus, will be of utility to the community at large,
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and to the State in general; and viewing the scheme altogether practicable, they are disposed, if the undertaking should receive the sanction of the Legislature, by incorporating said company with vested powers, rights and privileges, to make the necessary arrangements for carrying out the plan into complete effect. Sec. 1st. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the above mentioned petitioners, associates and successors, be, and they are incorporated as a body politic, by the name and style of the Saint Marys and Columbus Rail Road Company. Sec. 2d. And be it further enacted by the authority of the same , That it shall and may be lawful for the said company to create a stock to the amount of one million of dollars, to be increased if necessary, to such a sum as may be sufficient to carry fully into effect, the object of this incorporation; that is to say, they are hereby authorized to cause books of subscription to be opened, so soon after the passing of this act, as may be convenient, and in such places, and such manner, as they may deem most conducive to the attainment of the stock required, first giving notice thirty days of the time and places, in one of the gazettes, of the opening of said books. Sec. 3d. And be it further enacted by the authority aforesaid , That the stock of said company shall consist of ten thousand shares, of one hundred dollars each, which number of shares may be increased, if necessary, to such an extent as may be required to carry into effect the objects of said company, and that upon subseribing for stock, the sum of five dollars shall be paid on each share. Sec. 4th. And be it further enacted, by the authority aforesaid , That the said company, by the name and style aforesaid, shall be capable in law, as a body politic, and, as such, may sue and be sued; answer and be answered unto; defend and be defended in all the courts of law and equity of the State of Georgia, or any place whatsoever, having competent authority and jurisdiction over any matter, dispute, or transaction, touching the business affairs or well being of said company; and that the stockholders may elect nine members, annually, who shall constitute and form a board, under the name and style of the President and Directors of the Saint Marys and Columbus Rail Road Company, and shall be competent to make all necessary by-laws, rules and regulations, they may
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deem most conducive to the good order, faith and harmonious government of said company: Provided , such by-laws, rules and regulations, be not repugnant to the constitution of this State, or of the United States; and also, to make all contracts, or to cause the same to be done in behalf of said company, which shall be binding upon the same, and to appoint and elect artists, agents, and employ all necessary officers belonging thereto. Sec. 5th. And be it further enacted , That when the said company shall have completed the aforesaid communication by Rail Road, within twelve years after the passage of this act, or as much sooner as possible, they and their associates and successors shall be entitled and empowered to demand and receive, by way of toll, on all goods, wares merchandize, or productions of the country, carried on said Rail Road, such sums of money as they may think proper to impose in their regulations of toll, not exceeding, at any twelve months together, twenty-five per cent per annum, upon the whole amount of money they have actually expended in making and keeping in repair the said rail way; to ascertain which, the board, aforesaid, shall cause an accurate set of books to be kept, shewing the amount of stock paid in, and also, of all expenditures for said rail way, including repairs and income of tools, which books shall always be liable to the inspection of a committee, appointed by the Legislature, to the end that said company shall not abuse the remunerating privilege of this act. Sec. 6th. And be it further enacted , That it shall be lawful for the board of directors aforesaid, or their authorized agents, to stop, or prosecute and recover, upon any goods, wares, merchandize or productions of the country, or any and every other article from passing through on said rail way, until payment of such rates of toll as may be demanded aforesaid. And in case said company should hereafter accumulate a surplus fund, from the revenue and benefits of their institution, they may apply it in such manner as may seem most important to a majority thereof, under the chartered powers and privileges herein vested, in the commercial and mercantile prosperity of Saint Marys, as a seaport, and Columbus. Sec. 7th. And be it further enacted by the authority of the same , That the said company shall have power to select and purchase, or receive as donation, for themselves and successors, such strips of land, from the cities of Saint Marys and Columbus, as may be necessary for said rail way, and in case of disagreement
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in regard to any part of the necessary land, which may be required for the object aforesaid, it shall be lawful for the company aforesaid, to appoint three disinterested freeholders, and the owner or owners of such land shall also appoint three disinterested freeholders, who shall proceed upon the premises, and award the amount of damage which said company shall pay unto such owner or owners in fee simple right to said land forever; and in cases of disagreement, the persons so appointed, may choose an umpire: Provided , that in case either party be dissatisfied with said award, he or they may appeal to the next Superior Court of the county in which said land lies, to be determined by a special jury, at such term: And provided further , that the progress of said work be not arrested or delayed by such appeal. Sec. 8th. And be it further enacted by the authority aforesaid , That no rail way shall hereafter be permitted to be constructed between Saint Marys and Columbus, within twenty miles of the route the company may select, in the direction as aforesaid, except where other rail ways cross or intersect the said road, and from the setting out and ending places: And provided further , that nothing contained in this act, shall be so construed as to prevent any future Legislature from chartering any Rail Road Company, for the construction of a road, which shall cross the said contemplated road. Sec. 9th. And be it further enacted by the authority of the same , That no member of said company shall be eligible as a director, unless he shall hold, at least ten shares of the stock, in his own right, or as exacutor, administrator, or guardian. The board at all times, to be competent to call a public meeting of the stockholders, when necessary, who shall be competent to regulate the rule of voting for directors, by a special by-law; of whom the directors shall select one of said number to the office of President, with such remuneration, and to the other members of the board, as may be established by the bonafide owners and lawful representatives of at least two-thirds of the capital stock of the institution. Sec. 10th. And be it further enacted , That the board of directors shall have power to call such ratio of the subscription for stock, as, from time to time, they may deem necessary for the prompt progress and execution of the work, first giving public notice thereof, in two or more of the public gazettes of the State at least sixty days previous to the time required for the payment of such instalment.
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Sec. 11th. And be it further enacted by the authority aforesaid , That any subscriber or stockholder, in said company, refusing to pay his, her, or their instalments when called on, in manner aforesaid, shall forfeit the same, to the use of the company, (if so decreed by two-thirds of the stockholders, at their meeting next thereafter,) which stock, so confiscated, may be offered by the President and Directors, for re-subscription, as if it had never been subscribed for; all calls for instalments shall be general, and officially advertised by the President, with the concurrence of the Board. Sec. 12th. And be it further enacted , That the shares of stock in the aforesaid company, shall be taken and considered, and held in law, as real estate, and may be sold, transferred, assigned, or bequeathed, by the proprietors thereof, as such: Provided , that the stock, not be transferred to any, other than a citizen of the United States. Sec. 13th. 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 Rail Road, 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 merchandize, 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. Sec. 14th. Be it further enacted , That the exclusive privileges hereby granted, shall cease and determine at the expiration of twenty-five years, from the time that the contemplated work, shall be completed. Sec. 15th. And be it further enacted , That the said company, shall make out annually, and deliver to the Executive of this State, full and plain returns of all their actings, transactions and business, having any manner of connection, with
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their said bill of incorporation; and on failure thereof, the Legislature may repeal, and set aside their charter or act of incorporation. Sec. 16th. And be it further enacted , That the owners of lands, over which the said road shall pass, shall, at his option, either receive the amount of damages, in money, or a certificate, of stock to the same amount: Provided , that said stock at the time, may not be above par, that they make stock at the par value at the time. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836. AN ACT, To authorize the construction of a Rail Road communication from the Tennessee line, near the Tennesse river, to the point on the Southeastern bank of the Chattahoochee river, most eligible for the running of branch roads, thence to Athens, Madison, Milledgeville, Forsyth, and Columbus; and to appropriate monies therefor. Sec. 1st. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That a Rail Road communication as a State work, and with the funds of the State, shall be made from some point on the Tennessee line, near the Tennessee river, commencing at or near Rossville, in the most direct and practicable route, to some point on the Southeastern bank of the Chattahoochee river, which shall be most eligible for the extension of branch Rail Roads, thence to Athens, Madison, Milledgeville, Forsyth, and Columbus, and to any other points which may be designated by the engineer or engineers, surveying the same, as most proper and practicable, and on which, the Legislature may hereafter determine: Provided , that no greater sum than three hundred and fifty thousand dollars, shall be appropriated, annually, to the work contemplated by this act, unless a future Legislature shall otherwise direct. Sec. 2d. And be it further enacted by the authority aforesaid ,
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That a competent engineer shall be forthwith appointed by the Governor, whose duty it shall be to make an accurate and instrumental examination, survey, and location of said road, and an estimate of the probable cost, which said engineer shall be authorized and empowered, under the control and direction of the Governor, to employ such assistants, surveyors and attendants, as shall be necessary, speedily and effectually to accomplish such survey, and location, and an estimate of the expenses thereof; and the salaries and expenses shall be paid out of the Treasury of this State, for which purpose, the sum of sixty thousand dollars, be, and the same is hereby appropriated and set apart. Sec. 3d. And be it further enacted by the authority aforesaid , That so soon as a report of such survey and location, and estimate shall have been made by the said engineer, to the Executive, if the same shall shew the work to practicable at a reasonable expense, a superintendent shall be appointed by the Executive, whose duty it shall be, to advertize for proposals for the construction of said road, or such parts thereof, as shall be determined by said superintendent, under the advice of said engineer, to be first built. And on the receipt of satisfactory proposals, the said superintendent shall accept such of them as shall be most advantageous to the State, and shall insure the construction thereof, within a time to be allowed by the superintendent, and shall have authority to require such securities as shall be deemed necessary, to ensure the faithful performance of the contracts: Provided , that the width of the tract of said Rail Road, shall be five feet, from the inner edge of one rail, to the inner edge of the other. And be it further enacted , That the sum of two hundred and ninety thousand dollars, be, and the same is hereby set a part and appropriated for the year 1837, for the accomplishment of the work contemplated by this act. Sec. 4th. And be it further enacted , That when funds shall be needed to defray the expenses and cost of the work on said read, or for materials, or for the fulfilment of contracts, the same shall be applied for to the Executive, on the certificate of the superintendent, and on the production of said certificate, it shall be the duty of the Executive to make a requisition on said fund, for the amount of such certificate. Sec. 5th. And be it further enacted , That it shall be the duty of the said engineer and superintendent, to make quarterly, to the Comptroller General, a return of the full amount
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of their respective disbursements, and to produce their vouchers therefor, and it shall be the duty of said Comptroller, to audit such accounts, and to make a full and detailed report thereof at the end of the session. Sec. 6th. And be it further enacted by the authority aforesaid , That the engineer and superintendent of the State, shall have full power and authority to treat with any owner of land, or any executor, administrator, or guardian, having the legal custody and management thereof, through which said Rail Road may be cut or constructed, or from which, any timber or other material may be taken for the construction of said Rail Road, and to fix and agree upon a compensation for the same. And when said engineer and superintendent cannot agree with such owner, so aggrieved, (and in all cases where an executor, administrator or guardian is concerned) the amount of injury or damage sustained, shall be, in writing submitted to, and shall be adjudged and determined by three arbitrators, sworn to do justice between the State of Georgia and the party so aggrieved, one of whom, shall be chosen by the said engineer and superintendent, one by the other party, and a third, by the two so chosen, or in the event of their disagreement in such choice, by any three or more of the Justices of the Inferior Court of the county in which such land may lie, either in term time, or vacation; all which submission, choice, or appointment and award, shall be reduced to writing, and no act, bona fide of any executor, administrator, or guardian, and in conformity with this act, shall in any manner prejudice his, her, or their interest, but shall be binding on the heirs at law, legatees or orphans, with whom he, she, or they may have to account; and it shall and may be lawful, for the said engineer or superintendent, for, and on behalf of the State, or for the other party, to the award of said arbitrators, to present to them, a written declaration of dissatisfaction therewith, and desire to appeal therefrom, who shall thereupon, transmit forthwith, to the Clerk of the Superior Court of the county wherein said land may lie, all previous proceedings in the case, together with such appeal, to be tried by a special jury, as in other cases of appeal, without formal pleadings or issue; which said appeal shall be prosecuted on behalf of the State by the Attorney or Solicitor General officiating in such court; and upon presentation to the Governor, or any such agreement or award, attested by a Justice of the Inferior Court of the county, wherein said land
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may lie, or of a verdict of a special jury in any such Superior Court, certified by the Clerk thereof, whereby the payment of a sum of money has been accorded, awarded, found, or adjudged, to any individual in the manner herein pointed out, together with a relinquishment of the land, if any were in dispute, it shall be his duty to make a requisition upon the fund herein before appropriated, in satisfaction of the claim so adjusted. In making the said valuation, the appraisers or the Court, (in case of appeal) shall take into consideration, the loss or damage which may accrue to the owners in consequence of the land being taken, or the right of way, being obstructed: Provided , that no difference or disagreement between the State and any land-holder shall operate by injunction or otherwise, to suspend the progress of said work; but the same shall in all cases be continued without interruption, if such submission to said award shall be tendered by said superintendent, and agent as aforesaid: And provided further , that it do not interfere with the house, mill, or other building, or yard, or grave-yard inclosure, of individuals or churches. Sec. 7th. And be it further enacted by the authority aforesaid , That whenever the said Rail Road shall intersect any public road, the State shall build a safe and substantial bridge or other means of crossing, to be afterwards maintained by the State, and any public or private bridges may afterwards be built across the said Rail Road: Provided , such bridges shall not interrupt the use of the Rail Road. Sec. 8th. And be it further enacted by the authority aforesaid , That any person injuring the property of the State, or who shall unlawfully throw earth, stones, rubbish, logs, trees, or any other matter, in or upon the Rail Road, shall be punished by indictment for a misdemeanor, and on conviction may be fined and imprisoned, or fined or imprisoned, at the discretion of the court; and shall also be liable for such damages as may be occasioned thereby, to be recovered by action, at the suit of the State, or of any person aggrieved, in any court having jurisdiction. Sec. 9th. And be it further enacted by the authority aforesaid , That said Rail Road shall be known and distinguished as the Western and Atlantic Rail Road of the State of Georgia. Sec. 10th. And for the encouragement of the construction of branch Rail Roads from the terminus of the said State Rail Road on the Chattahoochee, to the several towns of Athens
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Madison, Milledgeville, Forsyth and Columbus. Be if further enacted by the authority aforesaid , That so soon as charters shall have been obtained for the construction of said branch Rail Roads, or any of them, and one half of the stock shall have been subscribed for, in all or either, it shall be the duty of the Governor, to subscribe in the name of the State, for one-fourth of the capital stock, of such Company or Companies: Provided , that said subscription shall not exceed two hundred thousand dollars to any one branch: And Provided also , that the State shall not be required to pay any part of said subscription, until the whole capital stock of any such companies shall have been subscribed for: Provided also , that nothing in this act shall be so construed, as to prevent the State from authorizing any Company, now, or hereafter to be incorporated, to intersect or cross said main trunk, or any branches, with any other road: And further provided , that the tracts of all branch roads, by this act contemplated, shall correspond in width, with that of the main trunk. Sec. 11th. And be it further enacted by the authority aforesaid , That the said Rail Road, shall cross the Chattahoochee river, at some point between Campbellton, in Campbell county, and Wynn's ferry, in Hall county. Sec. 12th. And be it further enacted of the authority aforesaid , That the engineer shall, from time to time, at least every three months, report to the Governor, the progress of said work, and that he cause the same to be immediately published in the several gazettes of Milledgeville. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 21, 1836.
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RAIL ROADS AND CANALS. AN ACT, To amend an act, entitled an act, to authorize the President, Directors and Company, of the Steam Boat Company of Georgia, to run a Canal or Rail Road, from the city of Augusta, to some point on the Savannah river, so as to avoid the shoals and other obstructions to the navigation of said river, assented to, on the twentieth day of December, eighteen hundred and thirty-three. 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 President, Directors and Company, of the Steam Boat Company of Georgia, shall commence to make a Canal or Rail Road, as authorized by an act passed on the twentieth day of December, in the year eighteen hundred and thirty-three, the title whereof, is recited in the title of this act, within two years, from and after the first day of January in the year eighteen hundred and thirty-seven, and shall fully complete and finish the same, within ten years from and after the first day of January, eighteen hundred and thirty-seven. Sec. 2d. And be it further enacted, by the authority aforesaid , That if the said President, Directors and Company, shall fail to comply with the requisitions of the first section of this act, or any of them, they shall forfeit all the rights, privileges, and immunities of the act hereby amended. Sec. 3d. 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. 28, 1836. AN ACT, To increase the capital stock of Brunswick Canal and Rail Road 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
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from, and immediately after the passage of this act, the Brunswick, Canal and Rail Road Company, be authorized to increase the amount of the capital stock of said company, to six hundred thousand dollars, under the same rules and regulations, as are prescribed in the act granting chartered rights and privileges to Thomas B. King, Stephen C. King, and William W. Hazzard, and their associates, passed the 20th day of December, 1834. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate, WILLIAM SCHLEY, Governor. Assented to, Dec. 24, 1836. RELIEF. AN ACT, For the relief of Henry Freeman, and William W. Dickson. Whereas, judgment having been entered up, in a suit at law, in Coweta Superior Court, against Henry Freeman and William W. Dickson, against whom, a scira facias had been issued on a bond or recognizance of one John Carrington, conditioned that the said John Carrington, should appear at a Superior Court of said county of Coweta, to answer the prosecution of the State of Georgia, in a charge of perjury, against the said John Carrington, on which bond, the said Henry Freeman and William W. Dickson became the security of the said John Carrington, for his appearance as aforesaid, 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, the Clerk of the Superior Court, of the county of Coweta, and the Solicitor General of the Coweta Circuit, or either of them, be, and they are hereby required to enter full satisfaction on the judgment entered, and execution issued thereon, if any, against Henry
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Freeman and William W. Dickson, the securities of John Carrington: Provided , they, the said securities pay all the cost that have accrsed in prosecuting said bond to judgement; and also, the cost on the prosecution against the said John Carrington, and so much as may be necessary to pay the Solicitor General, such fees as the county may now be indebted to him. Sec. 2. 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. 28, 1836. AN ACT, For the relief of John N. Harris, Tax Receiver of the County of Taliaferro, and the securities on his bond. Whereas, John N. Harris, receiver of the returns of taxable property, in and for the county of Taliaferro, during the present year, eighteen hundred and thirty-six, from absence in the early part of said year, on a tour of service in the late Creek campaign, and since that time, from serious and protracted bodily indisposition, has been unable to finish and complete the business of his said-office, in receiving the returns of the taxable property of said county and year as aforesaid, within the time required by law: Therefore for the relief of the said Harris and the securities on his bond. Sec. 1. Be it enacted by the Senate and the House of Representatives of the State of Georgia in General Assembly met , That the said John N. Harris, receiver of tax returns as aforesaid, shall have and be allowed, until the second Monday in February, eighteen hundred and thirty-seven, to finish and complete the business of his said office, in receiving the returns of taxable property for said county and year as aforesaid, and in perfecting and transmitting the usual digests thereof as required by law. Sec. 2. And be it further enacted , That in case of death, or inability on account of disease, on the part of said Harris
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so to finish his said business as aforesaid, his securities, or he, and his securities on his bond as aforesaid, shall be and they are hereby authorized and empowered to appoint, substitute, and employ, some fit and suitable person, to do and perform the same, and who shall thereby be clothed with proper and sufficient authority, to perfect said unfinished business of said Harris, as aforesaid, as fully and completely as the said Harris himself, might or could do: Provided , that in case of neglect or default of duty, in such person so appointed and employed as aforesaid, in completing and finishing said business, as aforesaid, within the time herein before limited, this act shall not be so construed as to release the said Harris and his securities from their said bond. Sec. 3. 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. 16, 1836. AN ACT, For the relief of John Love, of Emanuel county. Whereas, by law, the citizens of Emanuel county, make returns of their taxable property once in two years, and the said John Love, happened to be absent, when the returns were made for the years eighteen hundred and thirty-four and five, and was returned a defaulter, and double taxed, and which double tax, he has paid; and as the tax for the year eighteen hundred and thirty-four, was paid to the State, and the tax for the year eighteen hundred and thirty-five, was paid to the county of Emanuel. Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the Comptroller General of the State, do certify to the Treasurer of the State, the amount of tax paid by John Love, of the county of Emanuel, by reason of his default in giving in his taxable property, for the year eighteen hundred and thirty-four, which the Treasurer shall refund to said John Love. And be it further enacted , That the Justices of the Inferior
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Court of Emanuel county, are hereby required, to refund to John Love, of said county, such sum, as he may have paid over and above his legal tax, and which was assessed by reason of said John Love having failed to give in his taxable property for the year eighteen hundred and thirty-five, by way of double tax: 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. 24, 1836. AN ACT, For the relief of James H. Miller and James W. Morgan, of the county of Jasper, and Bardwell Billings of the county of Monroe. Whereas, at the late October term of the Superior Court of the county of Butts, a judgment was entered, in favor of the State, vs . James H. Miller and James W. Morgan, of the county of Jasper, and Bardwell Billings of the county of Monroe, upon a forfeited recognizance, wherein they were securities of one William W. Smith, and bound for his appearance at said Court, on a charge of adultery. And whereas a large and respectable number of the citizens of said county of Butts, have petitioned the General Assembly praying the discharge and relief of said James H. Miller, James W. Morgan and Bardwell Billings, from said forfeiture. 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 James H. Miller, James W. Morgan and Bardwell Billings, be, and they are hereby declared to be henceforth, entirely discharged, acquitted, and relieved, from their liability to pay said forfeited recognizance or the judgment thereon, 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, Dec. 27, 1836.
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AN ACT, For the relief of George Smith, the Tax Collector for the county of Harris. 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 George Smith, tax collector for the county of Harris, be allowed the sum of ninety dollars for the insolvent list, for the county of Harris, for the year eighteen hundred and thirty-five. 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, Dec. 29th, 1836. AN ACT, For the relief of the heirs of Thomas H. Sargant, deceased. Whereas, the lot lying in the Town of Columbus, and State of Georgia, fronting Troup and Crawford streets, and numbered in the plan of said Town, three hundred and twenty-five, containing one half acre, in pursuance of an act of the General Assembly, to lay out a trading Town, and to dispose of all lands reserved for the use of the State, near the Cowela Falls, c. assented to on the 24th of December, 1828, was sold at public auction, to one Albert Y. Gresham, for the sum of one hundred and thirty-six dollars: And whereas, the said Gresham having paid twenty-seven dollars and twenty cents, (it being one-fifth part of the purchase money) obtained a certificate of said purchase and payment: And whereas, Thomas H. Sargant became the owner of said certificate, by regular transfer and assignment, and has, and did regularly pay all the instalments due for such lot, except the last, which was not due at the time of his death: And whereas, the said lot, by reason of the failure to make the last payment, became forfeited to the State, and was re-sold for a much larger sum than the first sale: And whereas, the said Sargant
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left, at the time of his death, no other heir than his wife, who has subsequently intermarried with one Rees H. Linn. 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 Treasurer of the State of Georgia, refund to the said Rees H. Linn, or to his order, the sum of one hundred and eight dollars and eighty cents, it being the amount of the four instalments which have been paid for the said lot. Sec. 2d. And be it further enacted , 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, Dec. 28, 1836. AN ACT, To authorize the Governor to issue to George G. Morris, of Taliaferro county, formerly of Rankin's district, Greene county, a grant for a certain undrawn lot of land, in the first district of Muscogee county. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That from and immediately after the passage of this act, his Excellency the Governor, shall be authorized to cause a grant to issue to George G. Morris, of Taliaferro county, formerly of Rankin's district, Green county, upon application and the payment of the usual fees, to a certain undrawn lot of land, known and distinguished in the plan of the re-survey of said district, by being lot number two hundred and seventy-six, which said lot of land, shall be in lieu of lot number two hundred and sixty-nine, drawn by said George G. Morris, in said district; to which said lot, a grant was, by act of the General Assembly of November twenty-first, eighteen hundred and twenty-eight, declared good and valid, to Elisha Copeland, as lot number two hundred and sixty, according to the marks and numbers of the first survey of said district.
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Sec. 2. And be it further enacted , That all acts and 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. 30, 1836. AN ACT, To vest in persons who paid for the same, the title to Lots of Land and Fractions, which were advertised in May and June in the year eighteen hundred and thirty-four, as forfeited. Whereas, at the sale of forfeited Lots of Land and Fractions in the months of May and June, in the year eighteen hundred and thirty-four, many of the Lots and Fractions so advertised, were paid for by persons not holding certificates for the same, and are unable, under existing laws, to obtain titles to the same, 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 be the duty of the proper officers, to issue grants for said Lots and Fractions, on the payment of the usual fees, to persons who paid for the same, on producing a certificate from the agent who received the money, that there was no attempt made by the original purchasers, or persons holding under them, to redeem said Lots or Fractions, and that the same were paid for by the persons applying for said grants; and in cases where the money was received by the late Henry W. Malone, and no receipt given for the same, the grants shall issue upon the applicant making oath, that he paid the same: Provided , said oath is corroborated by memoranda in the books kept by the said Henry W. Malone, as agent for the Central Bank. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24, 1836.
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AN ACT, To enable William John Campbell Allen, and William Campbell, subjects of the United Kingdom of Great Britain and Ireland, to receive and hold certain real estate in the county of Richmond, in this State. Whereas, John Campbell, deceased, late of the county of Richmond, in this State, did by his last will and testament, devise and bequeath a certain house and lot in the city of Augusta, in said will described, unto Robert Campbell, James Fraser, and James Harper, in trust to, and for the use of his nephews, William John Campbell Allen, and William Campbell, as tenants in common, and not as joint tenants, to be surrendered by the said trustees, to the said nephews, when they shall attain the age of twenty-one years, and be otherwise capable in law, to receive and hold the same: And whereas, the said William John Campbell Allen, and William Campbell, and the Trustees, have prayed the General Assembly to pass an act, to enable them the said William John Campbell Allen, and William Campbell, notwithstanding their alienage, to receive and hold, the said property, and to empower the said trustees to surrender the same to them, in such manner as, under the said will, they ought to do, if the said William John Campbell Allen and William Campbell, were citizens of the United States: Sec. 1st. 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 , William John Campbell Allen, from and immediately after the passage of this act, and the said William Campbell, so soon thereafter, as he shall have attained the age of twenty-one years, be, and they are hereby made and declared to be capable in law, to receive and hold to themselves, their heirs and assigns, forever, the said house and lot, so devised in trust for them by the said John Campbell, deceased, as aforesaid, and to sell, transfer, or dispose by will or otherwise, of their respective interests in the same, in as full, ample, and beneficial a manner, and to make to the purchasers or assignees thereof, as good, valid, and sufficient titles thereto, as if they, the said William John Campbell Allen, and William Campbell, were natural born citizens of the United States of America. Sec. 2d. And be it further enacted by the authority aforesaid , That the said Robert Campbell, James Fraser, and James Harper, trustees aforesaid, and the survivors, and survivor
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of them, and the heirs and executors, and administrators of said survivors, be, and they are hereby authorized and empowered, to surrender unto the said William John Campbell Allen, immediately after the passage of this act, and unto the said William Campbell, so soon thereafter, as he shall have attained the age of twenty-one years, their respective interests in the said house and lot, so devised in trust for them as aforesaid, notwithstanding their alienage: Provided , that until the said William Campbell shall have attained the age of twenty-one years, his contingent interest in the said house and lot, shall be held by the said trustees under and subject to the several trusts relative thereto, contained in the will of the said John Campbell, deceased: Provided also , that within five years after the said William Campbell, shall attain to the age of twenty-one years, the said William John Campbell Allen, and the said William Campbell, shall sell and alienate their interest in the said real estate without any reservation in their behalf, and that the said interest of either of the said aliens, which shall be unsold, at the expiration of the time aforesaid, shall vest to the said trustees for the use and purposes declared in said will: Provided , the same be sold to some citizen 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. 23, 1836. AN ACT, To vest the estate of Wyatt Alford, late of Twiggs county, deceased, in William Wyatt Alford, his illegitimate son. Whereas, Wyatt Alford, late of Twiggs county, hath departed this life, leaving a considerable estate, and no wife, nor legitimate child; and whereas, evidence has been adduced before the Legislature, that it was the desire of the said Wyatt Alford, that the said William Wyatt Alford, should be his personal representative: Sec. 1st. 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 ,
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That the estate, both real and personal, money, rights, credits, and effects, of Wyatt Alford, of the county of Twiggs, deceased, be, and the same is hereby vested in his son, William Wyatt Alford, upon the said William Wyatt Alford's giving bond good security, to pay the debts of the said Wyatt Alford, deceased: Provided , that this act, shall not interfere with the rights of the heirs at law, of said deceased. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 29, 1836. RIFLE COMPANIES. AN ACT, To incorporate a Rifle Company, in the county of Cherokee, to be known by the name and style of the Cherokee Rangers, and to extend to it, certain privileges, c. Whereas, A Volunteer Military association will be formed in the county of Cherokee, under the name and style of the Cherokee Rangers; 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 mel, 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 Cherokee Rifle Rangers, 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 so organized, so as to be
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ready to meet 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 it shall be the duty of the Captain or Commander who shall be ready at any call, or emergency, or insurrection, with all, or part of his command, as he may think proper so to do. 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, Dec. 28, 1836. AN ACT, To incorporate a Volunteer Company, under the name of the Centreville Rifle Company. Sec. 1st. Be it enacted by the Senate and 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 Volunteer Military association has been formed in the Town of Centreville, in Camdem county, under the name and style aforesaid, the objects and purposes which are stated to be, for the defence of said Town, and the surrounding country: And whereas, the said persons so associated under the name and style aforesaid, are desirous of being incorporated. Sec. 2d. And be it further enacted by the authority aforesaid , That the several persons, members of said association, and others who shall hereafter become members thereof respectively, 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
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they shall be exempt from all battalion and general musters at Jefferson, in said county, except such as the ordered by, and under the immediate authority of the Governor and Commander in Chief: Provided also , that nothing herein 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 on the militia for the suppression of insurrection, or of repelling invasion: Provided further , that nothing herein contained, shall prevent the repeal of this law, whenever the Legislature shall deem it proper so to do. Sec. 3d. And be it further enacted by the authority aforesaid , That the Governor is hereby authorized to furnish said Company (upon the requisition made by the commander of said Company) the arms and accoutrements upon the same terms, as those granted to other volunteer companies of the State of Georgia. Sec. 4th. 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. 23, 1836. AN ACT, To incorporate a Volunteer Rifle Company in the town of Clarksville, to be known by the name of the Habersham Rangers, and to extend to it, certain privileges. Sec. 1st. Be it enacted by the Senate and 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 Volunteer Rifle Company in the county of Habersham, commanded by Captain Lewis Levy, is, and are hereby incorporated under the title of the Habersham Rangers, 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 they may think proper, which rules and regulations and by-laws when formed and passed, shall be binding
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on such Company, to all intents and purposes, in the same manner as if they were particularly mentioned within this act: Provided , that such rules, regulations, and by-laws, shall not be inconsistent with the laws of this State, or the United States. Sec. 2d. And be it further enacted , That the same privileges which are extended to the Company of Darien Volunteer Guard, of section fifty-eight, of the militia law of this State, shall be, and the same are extended to the Habersham Rangers, and that the said Company be permitted to continue under the like privileges. Sec. 3d. And be it further enacted , That said Company are hereby permitted to enlist a larger proportion of men from any district in said county, than that which is provided in the twenty-sixth section of the militia laws of this State. Sec. 4th. And be it further enacted , That all offences not criminal, which may be committed by any number or numbers of said Company, shall be tried and determined by a court martial, to be composed of two commissioned officers, one non-commissioned officer, and two privates, the majority of whom, shall determine; which court shall be appointed by the Captain of said Company from time to time. Sec. 5th. And be it further enacted , That the Commissioned officer highest in rank, shall preside over said Court, and he is hereby authorized and vested with full power to issue execution against each and every member found guilty of offences, in like manner as those issued by justices of the peace, which, when issued, are hereby declared to be valid and of like dignity of those issued by a justices court. Sec. 6th. And be it further enacted , That the presiding officer of said court, shall direct all executions to a sergeant of the company to execute, which sergeant is hereby authorized and required to execute the same in like manner, and under the same regulations, that constables are required to execute those issuing from a justices court, and said sergeant shall be entitled to the same fees that constables are. Sec. 7th. And be it further enacted , That all sales made in pursuance of an execution issued by the presiding officer of the court martial aforesaid, shall take place at the Court House in Clarksville, on the days of holding justices courts in said district, and that the sergeant holding the same, shall be, and he is hereby required to make returns of all executions placed in his hands for collection, at the next company court
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martial, which may be holden after a sale shall take place, under the penalty of forfeiting double the amount of the whole proceeds of such sale. Sec. 8th. And be it further enacted , That the said Company shall be subject to the command of the Colonel commanding the sixty-fourth regiment, Georgia Militia. Sec. 9th. And be it further enacted , That all laws and parts of laws, which militate 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, 30th Dec. 1836. RIVERS AND CREEKS. AN ACT, To appoint Commissioners to examine Kinchafoony creek, from the mouth of Lannahassee, to its junction with Flint River, and to remove obstructions to the free passage of fish. 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 Griffin, Robert Hatcher, and Joshna Mercer, be, and they are hereby appointed commissioners, and they or a majority of them, are hereby authorized to examine Kinchafoony creek, from the mouth of Lannahassee creek, to the junction of the Kinchafoony, with Flint river, and that they report to the next Legislature, the practicability of improving the navigation of said creek, for cotton flats and boats. Sec. 2. And be it further enacted, c. That said commissioners or a majority of them, shall have, and they are hereby vested with full power and authority, to remove all obstructions to the free passage of fish, up the said Kinchafoony
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creek, between the points aforesaid, and to do, and cause to be done, all necessary acts and things, to carry this section into full effect: Provided , the same does not interfere with any mill dams. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 27, 1836. AN ACT, To appropriate a sum of money to remove obstructions to, and improve the navigation of Flint river, and to provide for the application and disbursment 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 sum of ten thousand dollars be, and the same is hereby appropriated out of any money in the Treasury, or in the Central Bank of Georgia, not otherwise appropriated, for the removal of all obstructions to the navigation of Flint river, and for the improvement of the navigation of the same, from the town of Bainbridge, in Decatar county, to the old agency in Crawford county, or to any other point above the place, which the commissioners hereinafter appointed, shall designate. Sec. 2. And be it further enacted , That Francis Bacon, Christopher Ficklin, and Nathaniel Bradford, be, and they are hereby appointed commissioners of that part of said river, being in, or bounded by the county of Crawford; that Walter L. Campbell, John Stapler and Eliab Jones, be, and are hereby appointed commissioners of that part of said river, bounded by the county of Honston; that John W. Cowart, John L. Shebly, and Thomas H. Key, be, and are hereby appointed commissioners of that part of said river, bounded by the county of Dooly; that Alexander Shotwell, Leonidas Mercer, and Harrison Jones, be, and are hereby appointed commissioners of that part of said river, being in the county of Lee; that Greene Tinsley, Alexander Dennard, and B. L. Griffin, be, and are hereby appointed commissioners of that part of said
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river, being in the county of Baker; that James R. Cox, Robert Burt and W. J. F. Mitchell, be, and are hereby appointed commissioners of that part of said river, bounded by the county of Upson; that Thomas Hines, Felix G. Arnett and Jonathan Donalson, are hereby appointed commissioners of that part of said river, being in the county of Decatur; and that said commissioners shall have the general management and superintendence over the improvement of the navigation of said river, and the removal of obstructions to the navigation of the same, between the town of Bainbridge and old Agency aforesaid, or to such other place above, as they shall designate, and the especial management and superintendence over the parts thereof, that have been assigned them respectively. Sec. 3. And be it further enacted , That the said commissioners shall meet at Alexandria, in Lee county, at least twice during the year eighteen hundred and thirty-seven, and at such other times and places as they, or a majority of them, shall appoint for the purposes contemplated by this act, and at their first meeting, shall appoint three superintendents from their own body, whose duty it shall be to superintend the improvements of the navigation of said river; to employ such artists, assistant, laborers, and under superintendents, as they shall deem necessary to carry into effect, the objects and purposes of this act, and that whenever any vacancy shall happen by death or otherwise, in the board of superintendents, the commissioners shall fill such vacancy, and in all cases the superintendent, or superintendents chosen to fill such vacancy, shall give bond and security as prescribed by this section, and that the said superintendents who shall be appointed as aforesaid, shall give bond and sufficient security to His Excellency the Governor, in a sum equal to double the amount of the money hereby appropriated, payable to His Excellency the Governor, and to his successors in office, conditioned for their, and each of their faithful application and disbursment of the same, to the purposes and objects contemplated by this act; which said bond shall be taken and approved by His Excellency the Governor, and filed in the Executive Office, and thereupon it shall be the duty of the Governor to draw his warrant on the Treasury, or Central Bank, in favor of the said superintendents, for one fourth part of the sum hereby appropriated, and for the balance of said appropriation, in sums not exceeding one fourth, at any one time, until the whole shall have been
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drawn: Provided , that the said superintendents shall not be entitled to receive any portion of said appropriation, after the first fourth thereof, shall have been expended, until they shall have made a report to the Governor, of the progress of improvements of the navigation of said river, and supported by regular vouchers, which report shall accompany each application for the same, and be approved by the Governor. Sec. 4. And be it further enacted , That the said commissioners, at their first meeting, shall at their discretion, adopt the plan of improving the navigation of said river, and of removing obstructions to the navigation of the same, which shall be pursued by the superintendents aforesaid. Sec. 5. And be it further enacted , That it shall be the duty of the said commissioners, to keep a fair journal and record of their proceedings, and report their doings and actings to His Excellency the Governor, at least once every three months, and publish in the papers published in Macon and Columbus, the plan of operations agreed upon by them; 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 and superintendents on that subject. Sec. 6. And be it further enacted , That the said commissioners shall receive as a compensation for their services under this act, three dollars per diem, for each day they shall be actually engaged in such services. Sec. 7. And be it further enacted , That the commissioners of Flint river named in the act, entitled 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 Chattahoochee river, passed on the 22d day of December 1835, or a majority of them upon giving bond to His Excellency the Governor, and conditioned as prescribed by said act, shall be entitled to receive the sum of money appropriated by said act, and His Excellency the Governor` is hereby required to draw his warrant on the Treasury, for the sum, in favor of said commissioners, and that the said commissioners after paying all expenses incurred by them, and the amounts justly due for such improvements
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as they have caused to be made in said river, shall pay over to the superintendents, the balance of said appropriation, upon the superintendents giving bond for the same, as provided by this act, and the third and fourth sections of said act, be, and they are hereby repealed. Sec. 8. And be it further enacted , That the said superintendents shall commence improving the navigation of said river, at the first obstructions or shoals above the town of Bainbridge, and proceed with said improvements, up the same, and that all expenses incurred under this act, shall be paid out of the money hereby appropriated. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, December 29, 1836. AN ACT, For the appropriation of money, for the improvement of the Ocmulgee river. Sec. 1st. Be it enacted by the Senate and 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 Ocmulgee river, from the city of Macon to its confluence with the Oconee. Sec. 2d. Be it further enacted by the authority aforesaid , That Benjamin Smith, of Twiggs, that James Goddard and Charles Day, of the city of Macon, Matthew McCormick, of Pulaski county, and George Wilcox and Calvin Quinn, of the county of Telfair, be, and they are hereby appointed commissioners of the Ocmulgee 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 Ocmulgee river, of recent formation
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and 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. 3d. And be it further enacted by the authority aforesaid , 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 of the votes given in at such election, shall be duly elected. Sec. 4th. And be it further enacted by the authority aforesaid , 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, Dec. 28, 1836. AN ACT, To appropriate money for the removal of obstructions to the navigation of the Oconee river below Milledgeville, and to appoint Commissioners with full power to carry into effect the intention of the Legislature in relation thereto. Sec. 1st. Be it enacted by the Senate and 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 and set apart for the improvement of the navigation of the Oconee river` below Milledgeville, and that the Governor, upon the authority of the Commissioners hereinafter named, or a majority
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of them, in writing, at any time after the passage of this act, be, and he is hereby authorized to draw his warrant upon the Treasury, for such sum of money as is hereby appropriated, which warrant shall be paid by the Treasurer out of any funds not otherwise specially set apart for a particular purpose, by this Legislature, in the general appropriation act. Sec. 2d. And be it further enacted , That Farish Carter, George L. Deming, Thomas B. Stubbs, Nathan McGehee, and Horace R. Ward, be, and they are hereby appointed Commissioners for the removal of obstructions to the navigation of the Oconee river, below Milledgeville, with full power to employ such artizans and operatives as they may deem necessary to the complete effectuation of the purposes of the appropriation hereby made, and to make all other contracts in relation to the end contemplated, which, in the judgment of a majority of them, may most advance the interest of the community. Sec. 3d. And be it further enacted , That wherever a vacancy may occur in the board of Commissioners hereby created, by removal, resignation, death or otherwise, such vacancy shall be filled by a majority of the remainder of the board. Sec. 3d. And be it further enacted , That the sum of money hereby appropriated, shall be subject to no other purpose whatever, than the one contemplated by this act. Sec. 4th. And be it further enacted , That to ensure the faithful application of the money hereby appropriated, it is hereby made obligatory upon said board, to transmit to the Governor immediately preceding each annual session of the Legislature, a report of its operations, accompanied by an account current, by which must be exhibited clearly, the several items of disbursement and to whom paid and when paid; and each Commissioner shall before a Judge of the Superior Court, or Justice of the Inferior Court, previous to his entering upon the duties of the trust delegated, take the following oath, I, do solemnly swear, that to the best of my judgment, I will faithfully employ the public money committed to my charge, so as to promote the ends contemplated by the Legislature in the appropriation. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 27, 1836.
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AN ACT, To appoint Commissioners, with power to remove obstructions to the free passage of Fish, in the Ogeechee river, and to punish those who may attempt to defeat the same. Sec. 1st. Be it enacted by the Senate and 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 H. Newton, John Cain and John G. Lyon, of the county of Jefferson; Reuben May, John McCrary and Elija Jones, of the county of Warren; John Coffield, Riley Sprague and Edmund May, of the county of Washington; Elija Warthen, Thomas Dickson and Thomas Cheely, of the county of Hancock, be, and they are hereby appointed commissioners to remove all obstructions for twenty-five feet of the main channel of the Ogeechee river, for the free passage of fish, between the mouth of Rocky Comfort creek, and the Shoals of Ogeechee, in Hancock county; and that said commissioners, or a majority of the commissioners of any of said counties, be, and they are hereby authorized, from time to time, and as often as they may deem expedient, to enter upon the discharge of their duties, and remove all obstructions that may impede the free passage of fish, to the width of twenty-five feet of the main channel of said river, between the points herein designated; and may employ such persons under them as they may deem necessary to effect said object; and if any person oppose said commissioners in the execution of said duty, by threats or otherwise, any one or more of said commissioners may apply to a Judge of the Superior Court, or a Justice of the Inferior Court of the county in which such person or persons may reside, and on complaint on oath, that such person or persons has opposed, or is opposing said commissioners in the discharge of their duty, the Judge or Justice, shall issue his warrant to the sheriff or his deputy, or any constable of said county, requiring him to arrest such person or persons, and bring him or them before such Judge or Justice, forthwith, and upon evidence to the satisfaction of such Judge or Justice, that the person arrested, has opposed, or is opposing said commissioners in the discharge of said duty, said Judge or Justice shall require such person to enter into bond with good and sufficient security, in the sum of one thousand dollars, payable to the commissioners, who at the time, shall be engaged in the execution of the duties of this act, with condition that such person or persons shall not oppose or interfere with said commissioners in the removal
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of the obstructions for the space of twenty-five feet above specified in said river; and if the persons shall fail or refuse to give bond, the Judge or Justice shall commit him or them to the common jail of the county, there to remain until such bond shall be given, or such obstructions removed. Sec. 2d. And be it further enacted by the authority aforesaid , That if any person shall commit a breach of the bond by him given, it shall be lawful for the commissioners therein named, or their survivors, to institute suit thereon, and to recover the penalty of the bond, to the use and benefit of the county or counties in which such commissioners may reside; and if any person shall hereafter obstruct the main channel above specified, for the free passage of fish, between the places herein before designated, by fish traps, dams or other impediments, such person or persons shall be subject to indictment in the Superior Court of the county in which the offence may be committed, and on conviction, shall be fined in a sum not more than three hundred dollars, nor less than one hundred dollars, one-half of which shall be for the use of the prosecutor, and the other half for the use of the county in which such conviction shall be had. Sec. 3d. And be it further enacted by the authority aforesaid , That if any of the commissioners herein named, shall refuse to act, or shall die or remove, the Inferior Court of the counties in which such vacancy may happen, shall, upon application, appoint some suitable person to supply his place, and the person that may be appointed, shall have all the powers, rights and privileges of the commissioners herein named. Sec. 4th. 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, Dec. 28, 1836. AN ACT, To appropriate a sum of money to improve the navigation of the Big Satilla River. Sec. 1st. 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 the sum of three thousand dollars be, and the same is hereby appropriated for the purpose of removing obstacles, and deepening the channel of that river, so as to render it all times navigable for steam-boats and other water craft. Sec. 2d. And be it further enacted by the authority aforesaid , That Mark Addison, of the county of Ware, Wiley Robson, of the county of Wayne, and Alexander Kean, of the county of Camden, be, and they are hereby appointed Commissioners to carry the provisions of this act into effect, and that they proceed to the duties of said appointment, as soon as they shall be notified of the same. Sec. 3d. And be it further enacted by the authority aforesaid , That in case either or all of the Commissioners hereinbefore named, should decline to act, it shall be the duty of his Excellency the Governor, to supply their places; whenever a vacancy occur in said board, he shall have power to fill them, and in all cases a majority of said board, shall be competent to the transaction of business. Sec. 4th. And be it further enacted by the authority a foresaid , That said Commissioners or a majority of them shall have power to draw the amount appropriated or any part thereof, and to exercise such general discretion in the prosecution of the improvement of said River, as to them may appear the most productive of the best interest of the State, and that said Commissioners give bond and security in the sum of six thousand dollars. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836.
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ROADS. AN ACT, To appropriate a sum of money, and to lay out and put in good order, a road from Dahlonega, in Lumpkin county, by way of Elijay, in Gilmer county, and on from thence to the Federal Road in Murray county, where the Commissioners may deem most expedient, and to appoint Commissioners to carry the same into effect. Sec. 1st. Be it enacted by the Senate and 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 sum of ten thousand dollars, be appropriated out of any money in the Treasury not otherwise appropriated, for the purpose of laying out and putting in good order, a road from Dahlonega in Lumpkin county, by way of Elijay, in Gilmer county, and on from thence to the Federal Road in Murray county, where the commissioners may deem expedient: Provided , the same is between Sumach creek and Coosawattee river. Sec. 2d. And be it further enacted , That Michael Smith, and Richard Bearden, of the county of Lumpkin, and Samuel Jones and Joseph Clayton, of the county of Gilmer, and James McGee, of the county of Murray, be, and they are appointed Commissioners for said road, and they are hereby vested with full power and authority to contract for, and superintend the laying out and putting in good order, said road; and before they enter on the discharge of said duty, they and each of them shall severally enter into a bond with good and sufficient security, payable to the Governor for the time being, and his successors in office, in the sum of four thousand dollars each, for their, and each of their faithful performance, and discharge of their duty in contracting for said work, and for their, and each of their superintendence as aforesaid, in the application of the sum appropriated, or of such parts of the same as may severally come into their, or each of their possession, which said several bonds shall be taken and approved by the Justices of the Inferior Court, or majority of them, in the county in which the said Commissioners severally reside, to be by them transmitted to the Governor as aforesaid, and field in the Executive office: Provided , that no one Commissioner shall draw more than a proportionable part of the appropriation aforesaid, to the number of Commissioners aforesaid. Sec. 3d. And be it further enacted , That upon the receipt of such bonds in conformity to the above and foregoing sections
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it shall be the duty of the Governor, to issue his warrants in favor of the Commissioners aforesaid, for the aforesaid sum of ten thousand dollars. Sec. 4th. And be it further enacted , That if any of the aforesaid Commissioners shall refuse to serve, or execute such bond as provided for in this act, that the Justices of the Inferior Court, or a majority of them, in the county where such refusing Commissioner may reside, shall fill such vacancy by appointment, who shall give their bond and security as aforesaid. Sec. 5th. And be it further enacted , That each Commissioner appointed and superintending as aforesaid, shall be entitled to compensation, at the rate of two dollars per day, for each and every day he shall be engaged in laying out and superintending the work in completion of the same: Provided , that no Commissioner shall receive pay for more than fifty days. Sec. 6th. And be it further enacted , That it shall be the duty of said Commissioners or a majority of them, to report from time to time, to his Excellency the Governor, the state, condition, and progress of said work, and that said Road shall be completed within eighteen months 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. 24, 1836. ROAD LAWS. AN ACT, To require all fines collected for the neglect of Road duty in the county of Decatur, to be applied to the improvement of the Roads within the district where said default or neglect of duty occurred. Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall be the duty of all Road Commissioners in the county of Decatur, to apply all fines by them collected for neglect of Road duty, in any of the Road districts of said
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county, to the opening and improvement of Roads within the district where such neglect of duty happened: Provided , that no Road Commissioner or Commissioners in said county of Decatur shall alter and change the direction of any old Road, nor open any new Road in said county, without the order of the Court as is now required by law. Sec. 2. Be it enacted by the authority aforesaid , That all laws, and parts of laws, militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836. AN ACT, To alter and amend the Road laws of this State, so far as relates to the county of Elbert, and to levy an extra tax 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 from and after the passage of this act, the Justices of the Inferior Court of the county of Elbert, shall be, and they are hereby vested with full power and authority to appoint Commissioners, to lay out a new Road as heretofore prescribed by law, and adopt any measure in relation thereto, and pursue any course, which in their judgment, shall best promote the interest of the county, and public convenience. Also, to lay an extra tax upon all, and every person liable to work on said roads as heretofore, any sum not exceeding fifty per centum for any one year, on the general tax paid by any person so liable, including slaves, which tax, when so levied and paid, shall exonerate the persons paying the same, from all liability to work on said roads, as heretofore prescribed by law. Sec. 2. And be it enacted, by the authority aforesaid , That it shall be the duty of the Commissioners appointed as aforesaid, to apportion said Roads in such manner as they in their judgment may deem best calculated to effect the object herein contemplated, and to offer such part or parts of said Roads, at public outcry, to the lowest bidder, after giving twenty days notice of the same, and any person or persons,
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undertaking the repairing such road or roads, for any space of time, not exceeding five years, shall give bond with approved security, in double the amount for which said road or roads were bid off at, payable to the Inferior Court of said county, and their successors in office, for the faithful performance of said undertaking, and said bond shall be deposited in the office of the Clerk of the Inferior Court, and upon any failure of the undertaker to comply with the obligation of said bond, then the Inferior Court is hereby authorized to order a suit or suits, (as the case may be) to be commenced against such undertaker or undertakers, in any Courts having jurisdiction of the same, and the money, if any thus recovered, shall be paid over to the county Treasurer, and become a part of the Road fund, with the tax collected for that purpose. Sec. 3. And be it further enacted by the authority aforesaid , That it shall be the duty of the Receiver of Tax Returns of said county, to enter in the tax digest, the number of hands returned to him liable as aforesaid, and it shall be the duty of the receiver aforesaid, to require the return of said hands, under oath of the person or persons so liable, and to make out the amounts of tax they are, or may be liable to pay, for the purposes before mentioned. Sec. 4. And be it further enacted by the authority aforesaid , That when the said tax is thus imposed as above pointed out, the Tax Collector of said county, shall, and he is hereby authorized and empowered to collect the same, and the Collector aforesaid, shall be bound to the Inferior Court of said county, and their successors in office, in a bond with ample security for the faithful collection and paying over the same, for which, the said Receiver and Collector shall be allowed the usual per centum for their services. Sec. 5. And be it further enacted by the authority aforesaid , That the Commissioners thus appointed, failing to perform their several duties, agreeably to this act, shall be subject to a fine, not exceeding fifty dollars, at the discretion of the court. 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. 30, 1836.
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AN ACT, To alter and amend the Road Laws of this State, so far as respects the county of Glynn. 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 Commissioners of Roads, for the county of Glynn, and they are hereby authorized and required, to appropriate a sufficient number of road hands, to work on, and keep in repair, the road in said county, leading from Brunswick to the Alatamaha river, known as the Rail Road. 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. 23, 1836. AN ACT, To appropriate a sum of money to open and improve the Road leading from Loudsville, Habersham county, by way of Blairsville, Union county, to the State line. Whereas, the county of Union is the only county of the State, situated north of the Blue Ridge; and whereas, said county is sparsely populated, and is thereby inadequate to the construction of said Road, which is essential to the improvement and prosperity of the county through which it is to pass, and also, of considerable public and general use, as it must, and ultimately will be the best and nearest route from the Gold Region of Georgia, to East Tennessee. Sec. 1st. Wherefore, Be it enacted by the Senate and 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 sum of four thousand dollars, be, and the same is hereby set apart, out of any money in the Treasury not otherwise appropriated, for the purpose of opening and improving the Road from Loudsville, Habersham county, by way of Blairsville, Union county, to the State line. Sec. 2d. And be it further enacted, by the authority aforesaid , That Mark Addington, and William Jones, of the county
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of Union, and John Oxford, Jr. and Berry Turner, of Lumpkin county, be, and they are hereby appointed commissioners for said Road, with full power and authority to contract for, and superintend the working of said road, and before they enter upon the duties of their appointment, they shall enter into a bond with good and sufficient security, payable to the Governor for the time being, and his successors in office, in the penal sum of eight thousand dollars, for the faithful discharge of said duties, and faithful application of said funds, and they moreover shall take and subscribe the following oath, to wit: I do solemnly swear, that I will faithfully discharge the duties of Commissioner, as is required of me, by this act, to the best of my ability, so help me God; which oath shall be taken before a Justice of the Peace, or Judge of the Inferior Court. Sec. 3d. And be it further enacted by the authority aforesaid , That said bond shall be taken and approved of by the Justices of the Inferior Court of said counties of Union and Lumpkin respectively, and shall be filed in the Executive office, and the Governor, upon the receipt of said bonds, shall draw his warrant on the Treasurer in favor of said Commissioners, for said sum of four thousand dollars. Sec. 4th. And be it further enacted by the authority aforesaid , That said Commissioners shall give public notice, that they will attend at the Court House in said county of Union, where they shall proceed to let out to the lowest bidder or bidders, contracts for said work, and said Commissioners shall, in person attend laying out, or turning said road, and shall, as far as consistent, avoid trespassing on the rights of individuals, and shall receive for all services on the business of said Road, the sum of one dollar per day: Provided , that no Commissioner shall receive pay for a longer term of time, than is necessary to the effecting of the objects herein specified, and said Commissioner shall report to the next Legislature, the amount of funds expended, and the extent of said work. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24, 1836.
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AN ACT, To repeal an act, passed December 21st, eighteen hundred and thirty-five, entitled an act, to authorize the citizens of McIntosh county, to elect the Commissioners of their own Roads, and to reinstate the act upon that subject, in force before the passage of said act of 1835. Sec. 1st. Be it enacted by the Senate and 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 of eighteen hundred and thirty-five, relating to the election of Road Commissioners in McIntosh county, be, and the same is hereby repealed, and that the act existing upon that subject, before the passage of said act of eighteen hundred and thirty-five, be, and the same is hereby revived in all its parts. Sec. 2d. And be it further enacted , That the board of Road Commissioners in said county of McIntosh, shall have power and authority to remove any Commissioners from office, who shall fail to work on his Road or Roads, that may be assigned him or them, agreeable to the Road laws of said county, and fill the vacancy or vacancies so made by such removal as aforesaid. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 24, 1836. AN ACT, To alter and amend the Road Laws of this State, so far as respects the county of Union. Whereas, the seventeenth section of the Road Laws of this State, requiring overseers of Roads to open their respective Roads at least thirty feet wide; and whereas, the requirements of said seventeenth section, are inconvenient to new and sparsely populated counties, for remedy whereof: Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the overseers of all Roads, in and for said county
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of Union, shall be required to open their respective Roads at least twenty feet wide, and all causeways at least twelve feet wide. Sec. 2. And be it enacted by the authority aforesaid , That all laws and parts of laws, militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, December 24, 1836. AN ACT, To alter and amend the Road Laws of this State, so far as respects the county of Wilkes. Sec. 1. Be enacted by the Senate and 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 overseer or overseers of Roads, in the several districts in the county of Wilkes, to give one day's previous notice, to all persons liable to perform Road duty in their respective districts, stating the place and time of meeting, and that the same be deemed and taken as sufficient warning to all persons liable to perform Road duty as aforesaid, any law to the contrary notwithstanding. Sec. 2. And be it further enacted by the authority aforesaid , That so far as the county of Wilkes is concerned, the third section of an act, entitled An act, to alter and amend an act, to alter and amend the Road laws of this State, so far as respects the counties of Franklin, Hall, Lincoln, Columbia and Wilkes, passed December twenty-third, eighteen hundred and twenty-six, 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, Dec. 23d, 1836.
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SALARIES AND SHERIFFS. AN ACT, To increase the salaries of the Cashier, and other Officers of the Central Bank. 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 Cashier of said Bank, shall receive for his salary, the sum of twenty-five hundred dollars, per annum. The salary of the Teller, shall be fifteen hundred dollars per annum. The salary of the discount Clerk, shall be twelve hundred and fifty dollars per annum, and the salary of the Book Keeper, shall be twelve hundred and fifty dollars per annum, which said salaries shall be paid quarterly. Sec. 2. 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, Dec. 24th, 1836. SHERIFFS. AN ACT, To prevent Sheriffs and other Officers, from levying on and selling growing crops, except in certain cases. Sec. 1st. Be it enacted by the Senate and 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, no Sheriff or other officer, shall hereafter levy on any growing crop of corn, wheat, oats, rye, potatoes, cotton, rice, or any other crop usually raised or cultivated by the planters or farmers of this State, nor sell the same until the said crop or crops shall become matured or fit to be gathered: Provided , this act shall not prevent any of said officers from levying on
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and selling crops, as heretofore practiced, when the debtor or debtors shall abscond or remove from the State or county, nor from selling growing crops with land. Sec. 2d. 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. 29, 1836. AN ACT, To compensate the Sheriffs of Burke, Elbert and DeKalb counties for their services in summoning Grand and Petit Jurors, in said counties respectively. 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 Sheriffs of Burke, Elbert and DeKalb counties, shall be entitled to receive from the county treasuries respectively, the sum of thirty-seven and a half-cents for summoning each and every Juror to attend the Superior and Inferior Courts of said counties: Provided , that to entitle them to receive the compensation aforesaid, said Sheriffs shall make a just and full return of all summons that they have made, which return shall be authority to the treasurers of said counties for paying the sum aforesaid. 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, Dec. 23, 1836.
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AN ACT, To reduce the amount of the Sheriff's Bond in Forsyth county. Whereas, from the small amount of business transacted in the Courts of said county, and no reasonable expectation of its increasing to any great extent; and whereas, the amount of the bond, as now required by law to be given, is oppressive, and believing a less amount will answer all the purposes for which it is intended: 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 the Justices of the Inferior Court, or a majority of them, for the county of Forsyth, are hereby authorized and required, to cause to be executed by any Sheriff, hereafter to be elected for said county, a bond of ten thousand dollars, with such security as the said Justices may approve. 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, Dec. 24, 1836. AN ACT, To authorize the Sheriff of Madison county, to publish official notices and advertisements in the Southern Whig, or any other paper published in the town of Athens, 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 it shall hereafter be lawful for the Sheriff of the county of Madison, to publish official notices and advertisements in the Southern Whig, or any other paper published in the town of Athens in said State, any law, 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, Dec. 29, 1836.
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SLAVES c. AN ACT, Repealing a portion of the laws respecting the introduction of Slaves in this State. Sec. 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, so much of the existing law concerning the introduction of Slaves into this State, as inhibits emigrants or persons professing a determination to settle in this State, the privilege of hiring or lending out their Slaves within the period of one year after the removal of said Slaves to this State, be and the same is hereby repealed, and that such actual or expected settler be exempt from all the restrictions and penalties heretofore imposed upon the act or the offer of hiring or lending such Slaves within the time specified: Provided nevertheless , it shall be the duty of such new comer or person intending a residence in this State, to apply to some one duly authorized to administer an oath, and make affidavit that they have not introduced such Slave or Slaves with a view to speculation, but with the intent solely of being held to service by themselves personally or their legal heirs and representatives. Sec. 2. And be it further enacted by the authority aforesaid , 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. 23, 1836. STEAM BOAT COMPANIES. AN ACT, To incorporate the Chattahoochee Steam Boat Company. Whereas, there is now a Company formed for the purpose, and now engaged in navigating the Chattahoochee, Flint, and Apalachicola Rivers by Steam Boats of a construction new to those rivers, and first introduced on the waters of this State, by members of said Company, and which are found successful in surmounting obstacles that heretofore have impeded the
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navigation of said rivers, during the greater part of every year; and whereas, the persons so associated, are desirous to be incorporated; and whereas, similar incorporations heretofore granted, have been found useful to the public. Sec. 1st. Be it enacted by the Senate and House of Representatives of the State of Georgia, ia General Assembly met, and it is hereby enacted by the authority of the same , That James R. Butts, Charles Day, with their associates, and such persons as now are, or hereafter may become associated with them as stockholders in the premises, and their successors, be, and they are hereby constituted a body politic and corporate, by the name and style of the Chattahoochee and Flint River Steam Boat Company, and by that name and style, may hold, purchase, receive, retain, enjoy, sell and transfer, real and personal property; may sue and be sued; plead and be impleaded, in in any court of law or equity; may have and use a common seal, and the same to break, alter and renew, at pleasure; may make such by-laws, rules and regulations, as the stockholders and persons appointed by them to manage the concerns of said Company, may deem necessary and expedient: Provided , that the same, be not contrary to the constitution and laws of the State, or of the United States. Sec. 2d. And be it further enacted , That the capital stock of said Company shall consist of one hundred shares of one thousand dollars each, which shall be held by the present members of the Company, in the respective proportion 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; and said Company may commence business, and enjoy the benefit of this act, when fifty per cent of the capital stock shall have been paid in, and not before. Sec. 3d. 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 thousand dollars per each share, as said stockholders may find it expedient: Provided , that the whole capital stock, shall never exceed three hundred thousand dollars. Sec. 4th. And be it further enacted , That the said Company shall have power and authority to charge, ask, and receive of, and from all such persons as they may transport merchandize or produce for, or carry as passengers, such compensation therefor, as the said Company or its Agents or Officers
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may deem fit, or as may be specified in the bill of lading; and said Company may define, restrain, and limit their liability as carriers: Provided , such restraints or limits, be embodied in the receipts or bill of lading. Sec 5th. And be it further enacted , That the affairs of said Company shall be managed either by a board of Directors, or an Agent or Agents, as the stockholders may determine; the same to be appointed by said stockholders; each share of stock to entitle the holder thereof to one vote for the same; and said stockholders, or the Directors or Agents selected by them for that purpose, may appoint all such Officers and servants, and regulate their duties and compensation, as to them may seem expedient, for the interests of the Company. Sec. 6th. And be it further enacted , That the said Company shall be authorized to insure against loss or damage by fire, or by any and all risks whatever, by seas or inland navigation, on such merchandize or produce as may be shipped by their boats or vessels, and also to insure on lives of slaves employed by them. Sec. 7th. And be it further enacted by the authority aforesaid , That the persons and property of the Stockholders for the time being, shall be responsible for the debts and liabilities of said Company, incurred while they are stockholders, in proportion to the amount of stock held by them, and that the privileges granted by this act, shall continue for, and during the term of thirty years, and no longer. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 23, 1836. AN ACT, To incorporate the Pioneer Steam Boat Company. Whereas, it is important to the agricultural and commercial interests of the State, to encourage the navigation of its waters by steam: and whereas, James R. Butts, and Charles day of Macon, and their associates, having by their enterprise, successfully developed the fitness and immense value of certain streams, for that purpose, that previously had been considered unfit to be navigated by steam boats to advantage, viz
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the Ocmulgee and Flint rivers: and whereas, said persons are desirous of being incorporated: and whereas, similar incorporations heretofore granted have been found useful to the public. 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 R. Butts, Charles Day, with their associates, and all such persons as now are, or hereafter may became associated with them as stockholders in the premises, and their successors, be, and they are hereby constituted a body politic and corporate, by the name and style of the Pioneer Steam Boat Company, and by that name and style, may hold, purchase, receive, retain, enjoy, sell, and transfer, real and personal property; may sue and be sued; plead and be impleaded in any court of law or equity; may have and use a common seal, and the same to break, alter and renew at pleasure; may make such by-laws, rules and regulations as the stockholders and persons appointed by them to manage the concerns of said company may deem necessary and expedient: Provided , that the same be not contrary to the constitution and laws of the State, or the United States. Sec. 2. And be it further enacted , That the capital stock of said company, shall consist of one hundred shares of one thousand dollars each, which shall be held by the present members of the company, in the respective proportion 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; and said company may commence business, and enjoy the benefit of this act, when fifty per cent of the capital stock shall have been paid in, and not before. 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 thousand dollars per share, as said stockholders may find it expedient: Provided , that the whole capital stock shall never exceed three hundred thousand dollars. Sec. 4. And be it further enacted , That the said company shall have power and authority to charge, ask and receive of, and from all such persons as they may transport merchandise, or produce for, or carry as passengers, such compensation therefor, as the said company or its agents or officers may deem fit, or as may be specified in the bill of lading; and said
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company may define, restrain and limit their liability as carriers: Provided , such restraints or limits be embodied in the receipts or bills of lading. Sec. 5. And be it further enacted , That the affairs of said company shall be managed either by a board of directors or an agent, or agents, as the stockholders may determine; the same to be appointed by said stockholders; each share of stock to entitle the holder thereof to one vote for the same, and said stockholders or the directors or agents selected by them for that purpose, may appoint all such officers and servants, and regulate their duties and compensation as to them may seem expedient for the interests of the company. Sec. 6. And be it further enacted , That the said company shall be authorized to insure against loss or damage by fire, or by any, and all risks whatever, by seas or by inland navigation, on such merchandise or produce as may be shipped by their boats or vessels, and also, to insure on lives of slaves, employed by them. Sec. 7. And be it further enacted by the authority aforesaid , That the persons and property of the stockholders for the time being, shall be responsible for the debts and liabilities of said company, incurred while they are stockholders, in proportion to the amount of stock held by them, and that the privileges granted by this act, shall continue for, and during the term of thirty years, and no longer. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 23, 1836. AN ACT, For the incorporation of the Savannah and Augusta Steam Boat company. Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That the following persons, viz: Samuel B. Parkman, William Duncan, Henry Harper, J. W. Harper, J. P. King, G. B. Cumming, Benj. Burroughs, Edw'd. Padelford, Padelford Fay Co., Adams and Burroughs, Saml. D. Corbitt, Dan'l. Kirkpatrick and John S. Combs and their successors
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and assigns, be, and they are hereby created and made a corporation and body politic, by the name and style of The President, Directors and Company, of the Savannah and Augusta Steam Boat Company, and by that name and style, 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 what kind, nature or quality soever, to an amount not exceeding the capital of said corporation at the time of holding such property, 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 or any place whatsover; and also, to make, have and use, a common seal, and the same to break, alter and renew at pleasure; and also, to ordain, establish and put in execution, such by-laws, ordinances and regulations, as shall seem necessary and convenient for the government of said corporation: Provided nevertheless , that such by-laws, rules and regulations, be not contrary to the constitution and laws of the State, or of the United States; and generally, to do and execute all and singular, such acts, matters and things, as to them may, or shall appertain to do, subject nevertheless to the limitations hereafter prescribed. Sec. 2. And be it further enacted by the authority aforesaid , That the capital stock of the above mentioned corporation, shall be eighty thousand dollars, but may be increased to any sum not exceeding one hundred and fifty thousand dollars, whenever it is deemed expedient by a majority of the stockholders, holding two thirds of the existing stock. Sec. 3. And be it further enacted by the authority aforesaid , That to manage the affairs of said corporation, the stockholders shall annually, by a majority of votes, elect five directors, who shall choose a President from their own body. Each share of stock in such election shall be entitled to a vote, but no share shall confer the right of a vote, unless transferred to the holder on the books of the corporation, at least one month previously to the time of voting. Sec. 4. And be it further enacted by the authority aforesaid , That the said corporation shall possess the privilege of navigating the rivers and other waters of this State, with boats or vessels propelled by steam, whether employed alone, or for the purpose of warping, towing, or in any manner impelling other boats and vessels, rafts, floats or arks.
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Sec. 5th. 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, or that of their agents or servants, but not otherwise: Provided , that the law governing carriers now in force, shall be in no wise innovated by this section. Sec. 6th. And be it further enacted by the authority aforesaid , That the said corporation shall be authorized to enjoy the exclusive use of its own wharf or wharves, or such wharf or wharves as it may rent, lease or occupy, but it shall not hold any other than may be necessary for the convenient transaction of its own business. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836. AN ACT, To establish a Company, under the name of the Savannah and Charleston Steam Pocket 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 George W. Anderson, Jeremy Store, Samuel B. Parkman, William Patterson, Richard R. Cozle, and such other persons as may become members thereof, be, and they are hereby declared a body coporate and politic, by the name and style of the Savannah and Charleston Steam Packet Company, with a capital of one hundred and twenty-five thousand dollars, and the right to increase the same to five hundred thousand dollars, to be divided into shares of one thousand dollars each, for the purpose of conveying passengers, and transporting goods, wares, and merchandize, by Steam Packets, between the city of Savannah, in the State of Georgia, and the city of Charleston, in the State of South-Carolina, or between the said city of Savannah, and any other port on the Atlantic Board, at the election from time to time, of the Directors of the said Company. Sec. 2. And be it further enacted , That the said Company shall have such number and succession of officers and members, as shall be ordained and chosen by the rules and by-laws,
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to be made for their government and direction, and shall have power and authority to make all rules and by-laws, not repugnant to the laws of the land; to have and keep a common seal, and the same to alter at will; to sue and be sued; plead and be impleaded in any court of law or equity in this State, and shall have and enjoy, all and every right and privilege incidental, and belonging to corporate bodies, according to the laws of this State. Sec. 3. And be it further enacted , That in all elections, and upon any other subject or question, each stockholder shall be entitled to as many votes as he or she shall hold shares, one vote for every share, and stockholders absent from any meeting, shall be entitled to vote by proxy. Sec. 4. And be it further enacted , That the persons above-named, shall be, and they are hereby constituted Directors of the said Company, with power to appoint all agents and officers, and to do all other acts for the management of the concerns of the said Company, until an election can take place under the charter; and they are further authorized to take up by subscription, in such manner as they may deem expedient, either the whole, or any part of the said capital; and the subscribers shall in no event, be bound for the payment of a larger sum than the amount of their subscription, and their private property shall be exempt from all liability on account of any claims against the Company, beyond the amount of its corporate assets, and they are further authorized, so soon as seventy-five thousand shall have been subscribed, to call a general meeting of the stockholders, for the purpose of making by-laws and electing officers. Sec. 5. And be it further enacted , That the said Company shall have power and capacity to purchase, take, enjoy, sell and alien lands and tenements, hereditaments, goods, chattels, rights and credits, which may be connected with, or in any manner conducive to the purpose for which said Company is established. Sec. 6. And be it further enacted , That this act shall be taken and deemed to be a public act, shall be and continue of force for the term of fourteen years, and shall not be construed to confer any exclusive privileges. JOSEPH DAY, Speaker of H. of R. ROBERT M. ECHOLS, Pres't of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836.
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SURPLUS REVENUE. AN ACT, To direct such of the deposites of the Surplus Revenue of the United States, as shall be deposited with the State of Georgia, under an act of Congress, entitled an act to regulate the deposites of the public money. Sec. 1. Whereas, the before recited act of Congress making distribution of the Surplus Revenue, provides that the same may be called for, and therefore should be so deposited or loaned at interest, that it will produce a Revenue to the State, and be called in when required, 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 so much of the Surplus Revenue of the United States, as shall be deposited from time to time, with the State of Georgia, under an act to regulate the deposites of the public monies, shall be deposited by the Treasurer of this State, in the Central Bank of Georgia, and it shall be the duty of the President and Directors of the said Central Bank, to loan to the citizens of this State, the said money, under the same rules and regulations that are now prescribed by law, for discounting notes in said bank; and should there not be applications to said bank, within the time as now prescribed by law, to discount notes to the amount of money they receive on deposite, then, and in that case, the President and Directors of said Central Bank, shall be authorized to loan the said money to any of the chartered banks of this State, that they may deem in a sound condition, in which the State is a stockholder, under the conditions provided in the next section of this act. Sec. 2. And be it further enacted , That the condition on which any such loan shall be made to any of the said banks, shall be, that the money so lent or any part thereof, shall be re-paid in sixty days notice, under the penalty of twenty-five per cent damages, besides legal interest, and in the event of the demand of the same, or any part thereof, and a failure to pay the same on sixty days notice, the whole amount due by such institution, shall be immediately payable with damages, at the rate of twenty-five per cent, and on the further condition, that on such failure to pay, after such demand, it shall, and may be lawful for the said Central Bank, on the oath of its President, as to the amount due, to take out a writ of execution against such defaulting bank, from the Superior court of the county where such institution shall be located,
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for the amount so sworn to be due; and it shall be the duty of the Clerk of such court, on the application of the President of the said Central Bank, to issue such execution, and it shall be the duty of the Sheriff of any county to whom the same shall be delivered to be executed, to levy the same on the property of the defendant bank, in such execution named, and make the amount of such execution, unless some officer of such defendant bank, shall make oath that the warrant sworn to, or some part thereof, is not due and owing, and shall moreover give good and sufficient security, to pay the amount which shall be found due on an issue to be made on such affidavit before the Superior court of said county at its next session, to be there tried by special jury: Provided nevertheless , that no greater sum than one fourth of the whole amount deposited in any one bank, shall be drawn out at any one time, except in the case of the apprehended failure of said bank, or that the same should be required from the State, by the authority of the General Government. Sec. 3. And be it further enacted , That should a call be made at any time by the United States' authority, under the provisions of the act of Congress, making deposites of the Surplus Revenue aforesaid, or any Congress call for that portion of the same, deposited with the State of Georgia, the President of the Central Bank, having notice of the same, shall give notice in the public gazettes of this State, to the borrowers of that fund, of such reduction as will be required to meet the demand above what is required, on the reductions annually, as now prescribed by law at said bank, and the debtors to the same, shall be required to reduce their notes acordingly, or pay the whole amount if required. Sec. 4. And be it further enacted , That the interest arising from said Surplus Revenue, shall be applied and disposed of, as a future Legislature, may by law, order and direct. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 28, 1836.
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AN ACT, To authorize and empower the Treasurer of the State of Georgia, to receive the proportion of the Surplus Revenue of the United States, payable to this State, and to sign and deliver certificates of deposit therefor. Whereas, the Congress of the United States, has passed an act, to deposit the Surplus Funds of the General Government of the United States, with the several States, providing that should the portion allotted to any one State, be refused by such State, the same shall be deposited with the other States: and whereas, a part of said fund has been accumulated by an excessive Tariff, unconstitutional and impoliiic; and whereas, whilst the Legislature of Georgia protests against the unnecessary accumulation of revenue to be deposited with, or distributed amongst the several States, it is deemed proper under the circumstances, that Georgia shall receive her portion of the Surplus Fund, accumulated, or may accumulate under the existing laws of the United States; and whereas, under this conviction, this General Assembly would unequivocally refuse to receive any part of such money, if the further provisions contained in said part recited section, (to wit.) That if any State declines to receive its proportion of the Surplus aforesaid, on the terms before named, the same shall be deposited with the other States, agreeing to accept the same, in the proportion aforesaid, did not constrain the acceptance; and whereas, the said act of Congress requires the appointment of some authority under this State, to receive what is payable to the State, under said act. Sec. 1st. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the Treasurer of the State of Georgia, who shall be in office at any time, when any money is to be received by this State, under the provisions of the 13th section of the said act of Congress, be, and he is hereby authorized and fully empowered, for and in behalf of the State of Georgia, to receive any such money, and to sign, execute and deliver to the Secretary of the Treasury of the United States, for the time being, certificates of deposits, in such form as may be prescribed by the said Secretary of the Treasury, and by such certificates to pledge the faith of the State of Georgia for the safe keeping
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and re-payment thereof, and every part thereof, from time to time, whenever the same shall be required by the Secretary of the Treasury, for the purpose of defraying any wants of the public Treasury. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 26, 1836. TAXES. AN ACT, To impose, levy, and collect a Tax for the political year one thousand eight hundred and thirty-seven, 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 twenty-fourth of December, eighteen hundred and thirty-five, 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 continued in force as the Tax act for the political year, one thousand eight hundred and thirty-seven, 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, Dec. 29, 1836. AN ACT, To authorize the Justices of the Inferior Court of Burke county to levy 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
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the Justices of the Inferior court of Burke, be, and they are hereby authorized to levy an extra Tax on the inhabitants of said county, subject to taxation, which shall not exceed in the whole, fifty per cent, on the general Tax, to be applied to the repairing and keeping in order, the public roads. Sec. 2. And be it further enacted by the authority aforesaid , That said extra Tax, shall be collected by the Tax Collector of said county for the time being, he giving satisfactory obligation to the said court, for the faithful performance of his duty; whose duty it shall be, to pay over the same when collected, to the court, to be appropriated by them, for the purpose aforesaid, after deducting the usual per centum for collection. Sec. 3. And be it further enacted , That all laws, and parts of laws, militating against 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, 30th Dec. 1836. AN ACT, To authorize the Inferior court of Bibb county, to levy an extra Tax, for the purposes of building a Jail, and for the support c. of invalid paupers. Be it enacted by the Senate and 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 Bibb county, be, and they are hereby authorized to levy an extra Tax on the inhabitants of said county, subject to taxation, which shall not exceed fifty per cent on the general Tax; to be applied to the building of a Jail in said county. Sec. 2d. And be it further enacted by the authority aforesaid , That the said Justices of the Inferior court of Bibb county, be, and they are hereby authorized to levy an additional tax, for the support of invalid paupers, while living, and for their decent burial when dead. Sec. 3d. And be it further enacted by the authority aforesaid , That the said extra Taxes, shall be collected by the Tax collectors for the time being, they having given satisfactory obligation to the said court, for the faithful performance
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of this duty, whose duty it shall be, to pay over the same when collected, to the said court, to be appropriated by them for the purposes aforesaid, after deducting the usual per centum for collection. Sec. 4th. And be it further enacted by the authority aforesaid , That all laws and 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. 29, 1836. AN ACT, To authorize and empower the Justices of the Inferior Court of Jones county, in this State, or any three of them, to levy an extra tax in said county, for the purpose of building a jail 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, the Justices of the Inferior Court of Jones county, or any three of them, be, and they are hereby authorized and empowered to levy an extra tax in said county, yearly, for the purpose of building a jail in said county, until the building of said jail shall be complete: Provided , that the said extra tax shall not exceed, in any one year, more than one hundred per cent, on the general tax. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, December 23, 1836. TAX COLLECTORS AND RECEIVERS. AN ACT, To regulate the commissions of Tax Collectors and Receivers. Sec. 1st. Be it enacted by the Senate and 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
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passage of this act, the tax receivers and collectors in the several counties of this State, whose tax does not exceed fifteen hundred dollars, shall receive, each, ten per centum, as a compensation for their services. Sec. 2d. 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. 23, 1836. TOWNS. AN ACT, To incorporate the Town of Brunswick, and to extend its jurisdictional limits, and for the purposes herein mentioned. Sec. 1st. Be it enacted by the Senate and 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 jurisdictional limits of the Town of Brunswick, of said State, shall extend to, and embrace the present defined boundaries of said Town, and such additional districts of adjacent country, as may be hereafter annexed thereto. Sec. 2d. And be it further enacted , That the municipal authorities shall be the Mayor and six Members of Council, with such other officers as they may appoint, or as may be hereinafter authorized, to be styled and designated the Mayor and Council of the City of Brunswick. Sec. 3d. And be it further enacted , That on the first Monday in February, in each and every year, the inhabitants of the City of Brunswick, who are entitled to vote for members of the General Assembly of this State, who have resided for six months immediately preceding the election within the corporate limits of said City, unless absent therefrom on lawful business, and who have paid all taxes imposed by the City authorities, and which they have had an opportunity of paying, shall elect by ballot, seven members of Council, of individuals likewise inhabitants, who, upon accepting the office,
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shall take and subscribe the following oath, to wit: I, A. B. do solemnly swear (or affirm) that I will, well and truly perform the duties of a member of Council for the City of Brunswick, by the adoption and enforcement of such measures as to me appear conductive to the general welfare and permanent good of the City of Brunswick. They shall convene the first Wednesday after their election, and after taking and subscribing the preceding oath, shall proceed to elect one of their number as Mayor, who in order to an election, must have a majority of the votes given in, and the said members of Council and Mayor, shall serve twelve months from the date of their election, and until their successors are elected and qualified. Sec. 4th. And be it further enacted , That in all elections for members of Council, two Justices either of the Inferior court or of the Peace, of the county of Glynn, and one freeholder, an inhabitant of said City, shall preside, and in the event of a failure to hold such elections on the days herein before specified, from accident or otherwise, any Justice of the Inferior court or Justice of the Peace of said county, may at any time thereafter, by twenty days previous notice, hold the same under the restrictions herein enumerated. Sec. 5th And be it further enacted , That the said Mayor and Council are vested with power to supply all vacancies that may occur, as well in their own body, as among their subordinate and ministerial officers, in such manner, and at such periods, as in their discretion they may adopt; and they are hereby authorized to appoint such other officers for the City of Brunswick, as its interests may to them suggest, and to designate the manner and time of their election, and to prescribe their duties and salaries. Sec. 6th. And be it further enacted , That the Mayor of the City of Brunswick, shall receive such salary and emoluments, as shall by the City Council be ordained. Sec. 7th. And be it further enacted , That the said Mayor and Council, or a majority of them, are empowered to assess and levy by a Poll Tax, upon all taxable inhabitants of said City, or by tax on real and personal property within the corporate jurisdiction, such sum or sums of money, as may be deemed requisite for the maintenance of such City, in all matters of internal police, and for all other expenditures usual to Cities, to be collected in the ordinary mode of enforcing State taxation: Provided , property sold as aforesaid, shall be redeemable in twelve months by the prior owner.
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Sec. 8th. And be it further enacted , That the said Mayor and Council are vested with authority to acquire by purchase, or other legal manner, any real or personal estate for the proper use and benefit of said City, and to dispose of the same, and to lease any part of their domain in lots for any term of years which, to them, may seem prudent. Sec. 9th. And be it further enacted , That the said Mayor and Council, shall have and exercise such privileges and control over the wharves of said City, as are usual in seaport Cities, and as they may deem salutary and necessary for the interests thereof. Sec. 10th. And be it further enacted , That the Mayor and Council shall regulate all stores, shops, and bar-rooms now existing or hereafter to be established within the limits of said City, and shall govern and direct Taverns, and the granting of licenses, under such restrictions as they shall from time establish and declare. Sec. 11th. And be it further enacted , That the said Mayor and Council are hereby authorized to elect and license annually, Vendue Masters for said City, and in such numbers as they may deem advisable, and to require of them the tax imposed by law. Sec. 12th. And be it further enacted , That the said Mayor and Council, or a majority of them, shall ordain such by-laws and regulations, and inflict such fines and forfeitures for the infraction of the same, as shall seem necessary for the maintenance thereof: Provided nevertheless, that no fine for any single offence or violation of any such regulation, shall exceed the sum of one hundred dollars; although the same offender for several and distinct offences, may be fined in several and distinct sums at one and the same time, amounting in the aggregate to more than the said sum of one hundred dollars. Sec. 13th. And be it further enacted , That the said fines and forfeitures thus incurred and imposed, shall be collectable by warrant of distress and sale of the delinquents goods and chattels, if any to be found; if none, then of the lands of the offender in such manner as the law directs; and in the absence of both real and personal estate, it shall be lawful for them to issue in the name of the Mayor and Council of said City, an execution of Capias ad satisfaicendum , for the capture and detention of the offender in the common jail of the county of Glynn, for and during any period in such writ specified, not exceeding a greater number of days than the number of dollars, he may have been fined.
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Sec. 14th. And be it further enacted , That the said Mayor and Council shall have power to regulate, by fixed rules, the admeasurement of wood and lumber, and a general inspection and supervision of all goods and produce exhibited for sale within the corporate bounds of said City, for which purpose they are authorized to appoint measurers, weighers, inspecttors, and guagers, to prescribe their fees, and declare their duties. Sec. 15th. And be it further enacted , That the Mayor and Council are empowered and required to regulate the markets, that now do, or subsequently may exist within said City, and are vested with authority to allow and establish other additional markets within the same, as the convenience and necessities of the citizens thereof may, from time to time, require, for the government of all which, they may inflict such penalties as may seem reasonable and necessary. Sec. 16th. And be it further enacted , That the Mayor and each and every member of Council during his term of office, are clothed with the authority and powers of acting Justices of the Peace, so far as to authorize him or any one of them within the corporate limits of said City, to apprehend and confine, or bind over, all persons charged with the violaion of the laws of this State, to answer for such imputed offence to the court having cognizance thereof, and to act, as conservators of the peace. Sec. 17th. And be it further enacted , That the said Mayor and Council shall have power to pass laws and ordinances for the control of all slaves and free persons of color, within the said City. Sec. 18th. And be it further enacted , That the said Corporation shall pass such ordinances as they may deem advisable for the management of all hogs, dogs, horses, mules, and other stock, straying at large, within the said Corporation. Sec. 19th. And be it further enacted , That all by-laws and ordinances herein contemplated and authorized, are in no instance to militate against the laws of this State, or the constitution thereof, and that all laws and parts, contravening this statute, 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. 29, 1836.
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AN ACT, To amend an act, entitled an act, to incorporate the town of Perry in Houston county, and to define the duties and authority of the Commissioners of the same, passed the twentieth December, 1828, and also, to make permanent the site of the public buildings in the county of Dooly, and to incorporate the same. Sec. 1st. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That when the residents of said town shall hereafter fail to elect Commissioners of said town of Perry, according to the provisions of the said recited act, the Inferior Court of said county shall appoint such Commissioners, who shall take the oath and be vested with all and singular, the powers and authority of the Commissioners under said act, and the said Commissioners so appointed and qualified, shall hold their appointment until successors shall be elected and qualified under the before recited act, or appointed and qualified as hereinbefore provided, and that the said Commissioners shall be liable to be fined in the same manner as the Commissioners of the roads are by law, liable for any failure or neglect to keep the roads and streets, within the corporate limits of said town, in good order, and the fine imposed and collected for such neglect, shall become a part of the funds of said town, and applied as the other funds. Sec. 2. And be it further enacted, c. That the commissioners of said town shall have power and authority to impose on all persons, residents within the corporate limits thereof, who are liable to work on the roads and streets, a tax, in lieu of working thereon, not to exceed four dollars on each and every such person, which shall be applied when collected, to the improvement of the roads and streets in said town, and the persons paying such tax, shall be exempt from working on said roads and streets, during the year for which said tax shall have been imposed and collected, and that said Commissioners shall have power and authority to issue execution for said tax, and to collect the same, by levy and sale of such persons property, as in other cases of execution. Sec. 3d. Be it enacted by the authority aforesaid , That from and after the passage of this act, the present site of the public buildings fixed on by the Justices of the Inferior Court
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of the county of Dooly, for that purpose, be, and the same is hereby made permanent, and shall be called and known by the name of Drayton. Sec. 4th. And be it enacted by the authority aforesaid , That Thomas H. Key, Job T. Rowell, B. G. Pawlett, Alexander Merriwether, and Henry Pertee, be, and they are hereby appointed Commissioners for the said town of Drayton, and shall continue in office until successors are appointed according to the provisions of this act. Sec. 5th. And be it enacted by the authority aforesaid , That the citizens, of said town, entitled to vote for members of the General Assembly, shall on the first Saturday in January in the year eighteen hundred and thirty-eight, and on the first Saturday of January in every year thereafter, elect Commissioners of said town, and shall have power, by election, to fill all vacancies that may at any time occur in the board of Commissioners, by death, resignation or otherwise. Sec. 6th. And be it enacted by the authority aforesaid , That said Commissioners shall be known as the Commissioners of the town of Drayton, in Dooly county, and by their corporate name, shall sue and be sued; plead and be impleaded; and shall be able in law, to hold property both real and personal, and to convey the same, and to make all regulations, rules and by-laws, necessary for the government of said town: Provided , the same shall not violate the Constitution or any law of this State. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836. AN ACT, To amend an act, passed on the nineteenth December, 1818, amendatory of the several acts incorporating and regulating the Town of Louisville. Sec. 1st. Be it enacted by the Senate and 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 of Louisville, shall, annually,
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on the third Monday in January, or at their first meeting thereafter, elect by ballot, one of their body, to be Chairman of the said Board, which Board shall be a body corporate, and known by the name and style of the Chairman and Commissioners of the Town of Louisville. Sec. 2d. And be it further enacted by the authority aforesaid , That in the event of the failure of the citizens to elect Commissioners on the day pointed out by law, that it shall be the duty of the Inferior Court of the county of Jefferson, to order an election for said Commissioners, by giving fifteen days notice in writing, at the Court House in said county, and upon failure of the citizens then, to elect Commissioners, it shall be the duty of the Inferior Court, and they are hereby authorized to lay out said Town in a road district, and cause the roads and streets of the same, to be worked on under the existing road law now in force. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836. AN ACT, To authorize and require a re-survey of the Town of Perry, in Houston county, designating the different streets and lots therein, as originally laid out, and to dispose of the commons attached to said Town. Whereas, the original survey of the Town of Perry, in Houston county, was never recorded, and the same having been lost or destroyed, so that it is highly inconvenient, and in some cases impracticable for the owners of lots in the said Town to ascertain their precise locations: Sec. 1. For remedy whereof, Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the Inferior Court of said county, shall employ a competent surveyor, to re-survey said Town, designating the different lots and streets therein, as originally laid out, so that the owners of said lots, and others, may be able to identify the same, and that the surveyor, shall make a return of said re-survey, certified under his hand, and sworn to by him, to be a true return thereof, to the Clerk of the Superior
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Court of said county, who shall record the same, and the same when recorded, or a copy thereof, duly attested by said Clerk, shall be admitted as evidence in any Court of law or equity in this State, to prove the location and boundaries of any lot, or street, contained in said re-survey. Sec. 2d. And be it further enacted by the authority aforesaid , That the expenses of said re-survey and of recording the same, shall be paid out of the county funds, of said county, under the order and direction of said Inferior Court. Sec. 3d. And be it further enacted, c. That Phineas Oliver, Thomas Williams and George Patten, shall be, and are hereby appointed Commissioners to carry into effect the survey of the Commons attached to said town, and whenever it is practicable, to lay out the same into half acre lots of the same form as the other lots, so as to conform to the plan of said Town; to cause the same to be laid out and sold at public auction, after giving twenty days notice thereof, by advertisement in said Town, and at three or more public places in said county, and that whenever any resident of said Town has built upon, or enclosed any part of said commons, such resident or person interested therein, shall pay for the same, a reasonable valuation, to be assessed by the said Commissioners, so as not to include the value of such buildings: Provided , that the commons so inclosed shall not be sufficient to compose a half acre lot laid out as aforesaid: And Provided also , shat every four half acre lots laid out as aforesaid, shall constitute a square, which shall be surrounded by streets of at least sixty feet wide, and between each of the lots laid out as aforesaid, there shall be an alley ten feet wide. Sec. 4th. And be it further enacted, c. That the proceeds arising from the sale of said commons, after defraying the expenses of the survey, shall be paid over to the county Treasurer, for said county, to be applied to the county purposes, under the direction of the Inferior Court of said county. Sec. 5th. And be it further enacted, b. 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. 23, 1836.
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AN ACT, To incorporate the village of Rehoboth in the county of Morgan and 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 Micajah Hillsman, Asa Smith, Guy Smith, John C. Wright, and Littleberry Bostwick, are hereby appointed Commissioners for the village of Rehoboth, in the county of Morgan, and they, or a majority of them, and their successors in office, shall have power and authority to pass all by-laws and ordinances, which they, or a majority of them may deem expedient or necessary, for the well government and good order of said village: Provided , said by-laws and regulations are not repugnant to the constitution and laws of this State. Sec. 2d. And be it further enacted by the authority aforesaid , That the corporate authority and jurisdiction of said Commissioners, shall extend one half mile from the centre of the village in every direction. Sec. 3d. And be it further enacted , That when any vacancy or vacancies may occur in the Board of Commissioners, by death, removal, resignation, or otherwise, such vacancy or vacancies, may be filled by a majority of the remaining Commissioners of said village. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 23, 1836. AN ACT, To extend the civil jurisdiction and power of certain Justices of the Peace of the county of Talbot, over the Town of Talbotton. 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 each of the Justices of the Peace, for the district, known as the Town district, shall extend over the incorporate limits of the Town of Talbotton, and they are authorized and empowered to appoint patrolls for the same.
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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, Dec. 24, 1836. VENDUE MASTERS. AN ACT, To regulate Vendue Masters, in the Town of St. Marys. 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 all laws and parts of laws, laying a tax on the sales of Vendue Masters in the town of St. Marys, and for licencing them, and which requires them to make a quarterly return to the Treasurer of the State, of the amount of their sales, be, and the same is hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That the coporation of said town, shall annually appoint two Vendue Masters, and shall take bond in such a sum as the said corporation may, from time to time, order and ordain by law, with two good and sufficient securities for each Vendue Master so appointed, payable to the corporation of said town, and their successors in office, conditioned for the faithful performance of the duties required of Vendue Masters, in and by the existing laws of the State, and upon the execution of such bond, and all the payment of such a sum, as the said corporation, by law, shall order and ordain, for the use of said corporation, shall issue to each person so appointed, a licence authorizing him to act as Vendue Master in said town for one year. Sec. 3. And be it further enacted by authority aforesaid , That every Vendue Master, appointed as aforesaid, by the corporation aforesaid, shall keep a book, in which shall be entered
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every article by him sold at public auction, and the price at which the same was sold, and shall quarterly in every year, cast up the amount of his sales, and prepare a return thereof, to be handed to the treasurer of the town aforesaid, which return shall be sworn to before some officer of the State, authorized to administer oaths, and shall within thirty days after the expiration of either quarter, pay to the Treasurer aforesaid, for the use of the corporation, aforesaid, a tax or duty of one per cent on the amount of such returns. 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, Dec. 30, 1836. WITNESSES. AN ACT, To compensate persons who may be compelled to attend the Superior Courts of this State as witneses in behalf of the State, in counties other than where such person or persons may reside. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and is hereby enacted by the authority of the same , That from and after the passage of this act, that any person or persons who may be compelled, by subp[UNK]na or recognizance, to attend any of the Superior Courts of this State, as a witness to the part of the State, in counties other than where such person or persons reside, shall receive for each day, while he or she may be in attendance on said Court, the sum of two dollars, and he like sum of two dollars, for every thirty miles, he, she, or they, may travel, in going to, and returning from said Court, which said several sums shall be taxed in the bill of cost, and paid for, out of the county funds, in such counties as the case may be pending, as soon as such case may be imposed of by said Court.
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Sec. 2d. And be it further enacted , That any person or persons, who may attend the Superior Courts as above directed, shall be entitled to such pay as is therein stipulated; whether there be a conviction of the defendant or not, upon his making affidavit before some Judge of the Superior, or Justice of the Inferior Court, or Justice of the Peace, to the number of days which he, or she has been in attendance on said Court, and the number of miles he or she will travel, in coming to and returning from said Court, which said affidavit must be signed by the presiding Judge, and countersigned by the Clerk of said Court, and in that case, it shall become a warrant on the county Treasurer, or Clerk of the Inferior Court of such county wherein the witness has been in attendance. Sec. 3d. And be it further enacted , That nothing herein contained shall be so construed, as to prevent the cost being collected in the same manner as heretofore pointed out by law, from any defendant or defendants in State cases. Sec. 4th. And be it further enacted , That so much of said cost when collected, as has been paid out by the county treasurer, or the Clerk of the Inferior Court, to witness or witnesses who may reride without the limits of such county, shall be paid over by the Sheriff or Clerk of the Superior Court, to such county Treasurer or Clerk of the Inferior Court, as may have paid the same, and be applied to county purposes. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Assented to, Dec. 30, 1836.
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RESOLUTIONS WHICH ORIGINATED IN SENATE. IN SENATE. The joint committee on public education and free schools, to whom was referred the report of E. Sinclair, the commissioner, for disbursing the appropriation for the indigent deaf and dumb; report That the commissioner during the past year, has devoted again, great attention to the very interesting duty confided to his care, and from his report, it appears, that the benevolent designs of the State, for the relief of the indigent deaf and dumb, have not been fully realized, from many considerations, and perhaps it is mainly attributed to the great aversion of parents, to submit to so great a separation from their unfortunate offspring, (whose situation calls so powerfully for their care and attention, as would take place by sending them to the Asylum at Hartford. That only a portion of those intended to be embraced in the provisions of the Legislature of Georgia, is to be regretted; yet your committee feel no disposition to recommend any alteration in the system adopted in the year 1834, for the instruction of the indigent deaf and dumb. Three only, out of sixteen, ascertained to be fit subjects, could be inducod to go to the Asylum, and were accompanied by the commissioner, who professes himself much pleased with the condition and arrangement of the Asylum at Hartford, and witnessed the most flattering and gratifying evidences of the health, happiness and wonderful improvement of those, by the liberality of a humane and liberal Legislature.
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The funds set apart for the purpose referred to in this report of the commissioner, stands thus, by the report for the year 1835. Ballance on hand, $2066 17; appropriation for the year 1835, $4,450; making the aggregate amount of $6,516The expenditures for the present year, according to the account rendered, is $845, leaving of this fund $5,671 17, which will render an appropriation unnecessary during the next year. And your committee recommend the adoption of the following: Resolved , That $400 dollars be appropriated for the payment of E. Sinclair, commissioner of the invalid deaf and dumb. In Senate, agreed to, 17th December, 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives, Concurred in, Dec. 24, 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 28th Dec. 1836. IN SENATE. Whereas, at the public sales of Land, held in the town of Milledgeville, on the 28th day of February 1829, by authority of an act of the General Assembly, passed on the 22d day of December, 1827, that Fraction No. 270, in the 21st district Early county, was sold as reverted propertyand whereas, said fraction was in truth and in fact, the private property of Charles F. Betton, he having paid all the instalments required by the act under which said lot had been previously sold, as appears by the receipt of the Treasurer. Be it therefore resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the Cashier of the Central Bank of Georgia, be, and he hereby authorised and required to receive of said
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Charles F. Betton, the principal and interest due on said fraction, and that a grant for the same be made to said Betton. In Senate, read and agreed to, 24th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 24th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 28th Dec. 1836. IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia 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 requested to communicate to the Governor of Tennessee, the intention of Georgia, to make a Rail Road, from some convenient point on the Tennessee line, near Rossville, on the Tennessee river, to a point on the Chattahoochee river, in this State, and to endeavor to ascertain on what terms the State of Tennessee will be willing that the line of said Road may be extended to a convenient point on Tennessee river, near the point herein-before designated. In Senate, agreed to, 23d Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 24th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. WILLIAM SCHLEY, Governor. AttestJoseph Sturgis, Clerk. Approved, 28th Dec. 1836.
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IN SENATE. The committee on Printing, to whom the communication of his Excellency the Governor was referred, relating to the contract with Mr. Robinson, for publishing the Laws and Journals; Report That your committee having entered into a contract with Mr. Robinson, on the terms heretofore reported by your committee, in which it is agreed by Mr. Robinson, that this work shall be executed equal to any work of a similar kind, done in this State. Be it resolved , That the Laws printed in Milledgeville, in 1816, shall be the sample by which said printer shall execute said work, both in regard to style and quantity of matter. And your committee consider this to be in conformity with the contract entered into by your committee and Mr. Robinson. In Senate, agreed to, 21st Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 24th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 28th Dec. 1836. IN SENATE. Whereas, the dividend of the Poor School Fund, due to the county of Liberty, has not been drawn for several years past, in consequence of their not being any Trustee for the same. Be it therefore resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That his Excellency the Governor be, and he is hereby authorised and requested, to pay to Charlton Hines, Senator
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from said county, to be paid by him to the Trustee of the Poor School fund for said county, all dividends that may have been apportioned to the Poor School of said county, as well as any dividend that may be made for the year 1836. In Senate, agreed to, 14th Nov. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 16th Nov. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 28th Nov. 1836. IN SENATE. The joint standing committee on Banks, to whom was referred the annexed statement of the condition of the Central Bank of Georgia, and the communication of his Excellency the Governor, with the accompanying document on that subject; have had the same under consideration, and submit the following report Your committee being fully sensible of the importance of the duties committed to them, have devoted as much time to the examination of the state and condition of the said Bank and its general business, as their other duties would allow, and they submit herewith a statement of the condition and state of the Bank on the first inst. Your committee have carefully counted all the bills or notes in the Bank and estimated with sufficient accuracy, its return of specie on hand, the amount of its bills in circulation, and all of its other indebtedness, and also, the amount of notes and bills due to the Bank with its other statement of credits, all of which they find correct, and they take pleasure in stating it as their opinion, that its Directors are managing its affairs in a proper manner, and with due regard to the interest of the State. The committee feel bound to state, that of the $1,103,111 66 of discounted notes, $46,924 39, are in suit, and $211,058 29
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are lying over unpaid, and also. the whole amount of bills of exchange discounted by said Bank, $72,400 is due and under protest. All of the bills discounted are considered good; but from the limited knowledge the committee have of the makers and endorsers of the notes due to said Bank, they cannot express any opinion as to their solvency. They however take pleasure in believing that the directors are using the best means in their power to ensure the safe payment of all the debts due to the Bank. Your committee are unwilling to close this report without adverting to a practice which they are informed has existed from an early date, after the Bank went into operation, which they consider not contrary to the letter of the act, of incorporation; but of doubtful policy. By the charter no loan can be made to an individual for more than the sum of $2,500; yet at different times, bills of exchange have been drawn by different individuals, each for the sum of $2,500, and endorsed, offered, and discounted, to the credit of the same individual, who was one of the endorsers; but in justice to the present directors, the committee will state that the practice alluded to, has not before this time been noticed by any committee of the Legislature appointed to examine into, and make a report of the condition and business of the Central Bank; and the committee will further state, that such loans have been made when money was lying idle in the Bank, so as not to interfere with loans on the days of distribution among the counties, and therefore have been profitable to the Bank without injury to the citizens of the State. In conclusion, therefore, your committee submit, for the adoption of the Legislature, the following resolutions. 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 and they are hereby required to put all notes and bills due to said Bank in suit, if they are not paid or renewed within three months, or at the next term thereafter of the Superior Court in the county in which suits on such notes are to be instituted, from their maturity respectively.
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Resolved , That the committee be discharged from the further consideration on the subject of the Central Bank. In Senate, agreed to, 24th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 24th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 28th Dec. 1836. IN SENATE. The joint committee on Printing, in conformity with the duties they were appointed to perform; report, that they issued proposals for the Job Printing of the present session, and have accepted the proposals of Mr. P. L. Robinson, to execute the same, he having made the lowest bid for the same. The committee therefore submit the following resolution: Resolved , That the proposals of Mr. P. L. Robinson to execute the Job Printing in a neat and expeditious manner, at the same rates and on the same terms, that the same was executed for the General Assembly, for the year 1834, being the lowest bid that was offered, be accepted. The terms of the contract in 1834, were as follows: For each sheet of eight octavo pages, five cents per sheet for the first hundred sheets, and two and a half cents per sheet after the first hundred; and for 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 25 per cent. lower. Rule and figure work double those prices. The committee further report, that they issued proposals for the printing of the Laws and Journals of the present session, and have accepted the proposals of Mr. P. L. Robinson, to execute said printing, he having made the lowest bid for the same.
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The committee therefore submit the following resolution: Resolved further , That the proposals of Mr. P. L. Robinson, to print the Laws and Journals of the present session of the Legislature, being the lowest proposals to do the same, be accepted. The terms on which he proposes to execute said printing, are as follows: The Laws and Journals to be printed at nine and three-fourth (9 3-4) mills, per sheet, of eight octavo pagesRule and figure work to be an additional charge of eighty-seven and a half (87 1-2) per centum. The work to be executed in Milledgeville, and to be performed with the size type heretofore used in printing the Laws and Journals, and to be executed equal to any similar work donein the State. The Laws to be delivered on the 20th of February, and the Journals on the 15th of March, 1837. Securities in both contracts to be approved by the Governor. In Senate, agreed to, 3d Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 24th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 28th Dec. 1836. IN SENATE. Whereas, by the formation of a new Regiment in the county of Houston. there has been created three additional Militia districtsTherefore, Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That his Excellency the Goveynor, be, and he is hereby requested to transmit with the Laws and Journals of the present session of the Legislature, six copies of Princes Digest, six copies of the
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New Georgia Justice, and three of Scott's Military Tactics, for the use of the officers of said new created districts. In Senate, agreed to, 7th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 24th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 24th Dec. 1836. IN SENATE. Whereas, the dividend of the Poor School Fund due the county of Paulding, has never been drawn, in consequence of the small amount heretofore due said county. Be it therefore resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That his Excellency the Governor, be, and he is hereby authorised and requested to pay to Turman Walthall, Senator from said county, said dividend, to be by him paid to the Trustee of the poor school fund for said county, as well as any dividend that may be made or apportioned for the year 1836. In Senate, read and agreed to, 6th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 24th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 24th Dec. 1836.
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IN SENATE. The committee appointed to select from the Documents accompanying the message of his Excellency the Governor, such as it may be deemed expedient to have printed for the use of the General Assembly, submit the following resolution: Resolved by the Senate and House of Representatives in General Assembly met , That there be printed for the use of the Houses, three hundred copies of a Pamphlet, to contain the Cherokee Treaty, and the correspondence relating thereto, and the report of Major General John W. A. Sanford, on the subject of the Creek War: Also, three hundred copies of a Pamphlet, to contain the documents in relation to the Surplus Revenue, and the resolutions of the States of Ohio, and Maine, relative to the election of the President and Vice President, of the United States: Also, three hundred copies of a Pamphlet, to contain the reports of the several Banks, including the Central Bank: Also, five thousand copies of a Pamphlet, to contain the resolutions of the State of Indiana, relative to the Cincinnati, Louisville, and Charleston Rail Road: The report to the Knoxville Convention, of Messrs. Dearing and others, (a committee of the Georgia delegation:) the four last pages of a Pamphlet, entitled proceedings of the Convention, beginning with the report of the committee of forty-five, and the report of Col. Brisbane, Civil Engineer of Georgia, of the Survey recently made by him, under the Executive authority, and that documents hereby ordered to be printed, shall be printed and furnished to the Legislature by the first of December next, and this resolution shall be considered as rescinded in reference to all such documents as shall not then be printed and furnished. In Senate, agreed to, Nov. 14, 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 15th Nov. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 7th Dec. 1836.
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IN SENATE. Resolved , That both branches of the General Assembly, convene in the Representative chamber, this day, at the hour of 12 o'clock, M. for the purpose of electing a Judge of the Superior Court of the Eastern district, to fill the vacancy occasioned by the resignation of the Hon. John C. Nicoll, and a Solicitor General for the same, to fill the vacancy occasioned by the resignation of Wm. H. Stiles, Esq. In Senate, agreed to, 8th November, 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 9th Nov. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 9th Nov. 1836. IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia , That his Excellency the Governor, be authorised and requested to grant to John Lasseter, of Troup county, Lot of Land No. 2, in the 16th district of Carroll, now Troup county. In Senate, agreed to, 11th Nov. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 15th Nov. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 7th Dec. 1836.
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IN SENATE. Resolved , That both branches of the Legislature convene in the Representative Hall, on Thursday the 10th instant, at the hour of 11 o'clock, for the purpose of electing a Judge for the Southern Circuit, to fill the vacancy occasioned by the demise of the Hon. James Polhill,A Judge for the Coweta Circuit, and a Solicitor General for the Coweta Circuita Solicitor General for the Ocmulgee Circuit, to fill the vacancy occasioned by the resignation of Hamilton Freeman, Esq. resignedA Solicitor General for the Chattahoochce Circuit, to fill the vacancy occasioned by the resignation of James U. Horn, Esq. resigned,And a Director of the Darien Bank, to fill the vacancy occasioned by the death of Anson Kimberly, Esq. In Senate, agreed to, 9th Nov. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, Nov. 10th, 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 10th Nov. 1836. IN SENATE. Whereas, John W. Cowart, of the county of Sumpter, at the sale of reverted Fractions, had at public action, in the town of Hawkinsville, on the fifth day of May, in the year, 1834, became the purchaser of two Fractions, to-wit: Fraction No. 224, and 97, in the second district, of Lee county, and upon his compliance with the terms of said sale, the said Cowart received a certificate of the purchase as aforesaid of each of the said Fractions: and whereas, the said John W. Cowart, has lost both the said certificates; and whereas, the whole of the purchase money for each of said Fractions has not been paid by the said Cowart by reason of the loss of the same.
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Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That upon filing substantial copies of each of said certificates, and an affidavit of the loss of the originals by the said John W. Cowart, and depositing the same in the Central Bank, and paying the balance of purchase money for said Fractions, the said John W. Cowart, shall receive therefrom a certificate of such payment, and the Plats and Grants to said Fractions, shall be issued to him, as upon the original certificates by the proper authorities. And be it further resolved , That Wiley J. Bridges, of the county of Coweta, his heirs or assigns, be entitled to Grants for Fractions No. 15, 16, and 17, in the first district of Coweta county, the same having been paid for according to Law, upon his making oath that the certificates for said Fractions, are lost or mislaid. In Senate, agreed to, 24th Nov. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 12th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 15th Dec. 1836. IN SENATE. Whereas, in obedience to an act passed on the 21st December, 1833, to sell lots No. 10 and 100, and the State's interest in lots fraudulently drawn and legally condemned in Thomas, Early, Decatur, and Baker, and whereas the Sheriffs of these counties have not received any compensation for the titles made to the purchasers of said lotsFor remedy whereof
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Be it resolved by the Senate and House of Representatives is General Assembly met , That the then acting Sheriffs of said counties be allowed the usual fees in such cases, to be paid by the Governor's warrant, out of any money in the Treasury not otherwise appropriated. In Senate, agreed to, 22d Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 24th Dec. 1836. JOSEPH DAY. Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 26th Dec. 1836. IN SENATE. The Committee on Finance to whom was referred the letter of the Treasurer on the subject of the description of money to be hereafter received in the Treasury, have had the same under consideration, and beg leave to Report That in the opinion of your Committee, no legislation on the subject is at present necessarythat the Banks of this State, from their returns, are in a most sound condition, and so long as they continue so, it would be invidious to make any distinction between themThat in the opinion of your committee, the Treasurer should exercise a sound discretion, and if any of the Banks of this State should, from any circumstance, fall into discredit, he should promptly direct the several Tax Collectors to refuse to receive the paper of such Banks, and in no case should they be allowed to receive in payment, any thing but gold or silver, or the bills of specie paying Banks of this State.
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Your Committee therefore beg leave to be discharged from the further consideration of this subject. In Senate, agreed to, 23d Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives. Concurred in, 24th Dec. 1836. JOSEPH DAY, Speaker of tho House of Representatives. AttestJoseph Sturgis, Clerk. IN SENATE. The Joint Standing Committee on Banks to whom was referred the reports of the Planters' Bank, the Marine and Fire Insurance Bank, and the Bank of Columbus, have had the same before them, and after examination, report, that the items, as stated therein, appear to be correct, and the exhibit made, fair and satisfactory. All of which is respectfully submitted. The Joint Standing Committee on Banks, to whom was referred the examination of the reports of the Banks of Milledgeville, of Darien, and of the Commercial Bank, report the said Banks to be in a sound condition and worthy of a continuance of public confidence, judging by the reports of said Banks, which your Committee have had under examination. The Joint Committee on Banks, to whom was referred the reports of the Insurance Bank of Columbus, the Farmers' Bank of Chattahoochee, and the Central Rail Road and Banking Company, have had the same before them, and after examination, report, that the items, as stated therein, appear to be correct, and the exhibit made fair and satisfactory. All of which is respectfully submitted. The Joint Standing Committee on Banks, appointed to examine the report of the Georgia Rail Road and Banking Company, have had the same under their consideration, and beg leave to report, that they have examined the situation of this institution, and from the exhibits, are of opinion that it
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has conducted its affairs in accordance with the provisions of its charter, and consequently entitled to the confidence of the people. The Joint Standing Committee on Banks, to whom was referred the report of the Bank of Augusta, the Mechanics' Bank, and the Augusta Insurance and Banking Company, have had the same under their attentive and careful consideration, and beg leave to make the following Report: That the examination of the reports of the condition and state of the said Banks, show that they are in a sound and healthy condition, and are entitled to the confidence of the public, which your Committee believe they ought and will secureTheir issues are limited in proportion to their redeeming their bills in circulation; and their whole management appears to be cautious and careful. Your Committee therefore take pleasure in reccommending the same Banks to the confidence of the public. In Senate, agreed to, 22d Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 24th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. IN SENATE. The Joint Committee on Public Education, herewith report the consolidated return of the condition of the Academies and Poor Schools in the several Counties of this State, during the year 1836, and regret that they are compelled to say they are very imperfect; and that many of the counties shew no returns at all for Academies and Poor Schools; but from the returns, as received and consolidated, the following facts, which your Committee deem interesting, are stated: The pupils taught in the various counties frem which returns are received in the incorporated Academies are 6,641 malss2,568 females2,205. The receipts, as reported in
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the returns, shew a receipt of the Academic Funds, during the past year $23,049 82 centsExpended $22,636 93 3-4, in the hands of the different Trustees. According to the returns furnished by the Trustees of the Poor School fund, the number taught during the year 1836, 2,617. The amount of the poor school fund received during the year by the Trustees of the poor schools, $24,894 03; expended, $18,150 61; in the hands of the Trustees of said fund, $7,738 12; most of which returns are informal, and from many counties, none at all. And from all the information before your committee, there is great imperfection apparent in this system of education, and great laxity in the disbursement of this fund, calling for a thorough reformation, all of which is submitted. In Senate, agreed to, 24th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 24th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. IN SENATE. Resolved , That a committee be appointed on the part of the Senate, to meet such committee as may be appointed on the part of the House, to prepare and report a bill to establish a Court for the Correction of Errors, in conformity with the Constitution of this State, as amended. In Senate, agreed to, 10th Nov. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 11th Nov. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk.
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IN SENATE. The committee appointed to examine the report of the Bank of the State of Georgia, have had the same under consideration, and beg leave to make the following report: That they have examined with care into the situation of this Bank and its Branches, and that said examination has not only enabled your committee to recommend this Bank to the continued confidence of the people, but to state the gratification and pleasure such examination has afforded them. The interest which this Bank has paid to the State on the stock owned by her, and its present wholesome condition, not only justify (in the opinion of your committee) the confidence of the citizens of the State in this Bank, but affords ample testimony to the fidelity and ability with which those who have been instructed in the management of this Institution have discharged the duties which have devolved upon them. The capital stock of this Bank, as is well known, is $1,500,000. The amount of notes it has in circulation is, $151,742, and there is a surplus fund on hand to meet contingencies of $110,100 15. From a communication from the President of this Bank, your committee learn that it is in contemplation, in addition to the usual dividend, to distribute to the stockholders, a portion of this large surplus fund, and from other quarters, they learn that such distribution amounting to six dollars on each share has been actually made by which the sum of $30,000 exclusive of the usual dividends have been received by the State. Your committee deem it unnecessary to go further into detail, to show the sound condition of this Institution, as its report with accompanying documents are before the Legislature. In Senate, agreed to, 22d Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 24th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk.
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IN SENATE. Mr. Hudson from the committee on the State of the Republic, to whom was referred, so much of the communication of his Excellency the Governor, which relates to the act of Congress, approved the 23d day of June last, on the subject of a portion of the revenue of the Federal Government, proposed to be deposited with the States; report That the subject referred to the consideration of your committee, is one of embarrassment and complicationIt is one that those who best understand the theory and practical operation of the Federal Government (it seems to your committee) could not have anticipated, nor is its direct influence provided for in the sacred charter of compact, which so happily unites these States, together in a Federal Government, for certain specific purposes. By the act of Congress referred to, a certain portion of the public revenue is tendered to the several States by the Federal Government of the Union, for their reception on deposite, at four specific times during the Union, for their reception on deposite, at four specific times during the year of 1837, on deposite, and the times at which said deposite are offered to be made, with the States, by the General Government, are clearly specified by the said act of Congress, as before referred to. By referring to the 1st paragraph of the eighth section of the 1st article of the Constitution of the United States, it is declared that Congress shall have power to lay and collect taxesdutiesimposts, and excisesto pay the debts, and provide for the common defence and general welfare of the United States, but no grant of power, is given by which Congress has the delegated right to lay and collect more revenue than the legitimate wants of the Federal government, may require for the specified purposes of its execution. Your committee, however, feel it to be their duty, to state to the General Assembly, that if it could be ascertained, that the other States of this Union, would not receive the portion of the said revenue allotted to them, by the act of Congress as aforesaid, that they would without hesitation, recommend to the Legislature, not to receive the proportion which may be allotted to Georgia. But as such precise information cannot cannot be had during the session of the Legislature, in time to be acted on, and it is now known, that some of the States will receive their respective proportions of the
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said surplus revenue on the terms offered; and others may also receive their proportions, and if this State should refuse to receive her proportion, the public benefits and burdens now operating most unequally, would be increased to a very considerable extent. Your committee, have therefore, reported a bill to the Legislature, to receive the proportion of the said surplus revenue, which may be allotted to Georgia, under the said act of Congress. But your committee in the name and for the people of Georgia, do most solemnly protest against the exercise of the assumed power of the General Government, by which the surplus revenue proposed to be deposited with the States, was raised; and the right of Congress, to distribute the surplus of its Treasury, to the several sovereign States of this Confederacy, involved in the distribution thereof; and they do most unequivocally appeal to those in the exercise of the powers of the Federal Government, so to reduce the receipts, that the revenue hereafter raised, may be only so much as will be necessary for the legitimate wants of the Government, and they do, in the name of the good people of Georgia, appeal to the States of this Union, to protest against the exercise of powers by the Federal Government, calculated to produce discontent and dissatisfaction, with the States, who are parties to the compact of this Union. Your committee recommend the following resolution: Resolved , That his Excellency the Governor, be, and he is hereby requested to transmit a copy of this protest, to the Governors of each of the States, with a request, that the same may be laid before the Legislatures thereof; and a copy to the President of the United States; and also, a copy to each of our Senators and Representatives in the Congress of the United States, with a request, that the same may be laid before both Houses, respectively. In Senate, unanimously agreed to, Dec. 1st, 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 24th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 28th Dec. 1836.
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IN SENATE. Whereas, Dawsey Blizzard, has exceeded the age to be admitted as a proper subject to be sent to the deaf and dumb school; and whereas, the said Dawsey Blizzard, is desirous that the benefit of the said school, should be extended to him. Resolved therefore , That the agent for the deaf and dumb school, be, and he is hereby authorised and requested to take the said Dawsey Blizzard, and grant him the same privileges of other subjects, who come within the Law made and provided for the education of the deaf and dumb. In Senate, read and agreed to, 20th Dec. 1836. ROBEBT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, 24th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 28th Dec. 1836. IN SENATE. The committee appointed on that portion of the Governor's message, which relates to a Geological Survey of the State of Georgia, say, they have given the same due consideration, and ask leave to make the following report That they feel sensible, that this is a subject entitled to the most favorable consideration of the Legislature, at this time, not only from the importance of developing the resources of Georgia, as they are connected with the Arts, the Agricultural, the Mining, and the Manufacturing interests of this State; but from the further consideration, that she is bound to contribute her share with those States, who have engaged in a similar enterprise, to the cause of science, and the diffusion of that information, that cannot but be useful to our sister States, and that of the whole country. Your committee believe, that perhaps, no state of the Union is more interested
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in such an examination than Georgia; with a most extensive territory, reaching from the marshes of the sea-coast and pine-forests, to the Apalachian mountains, traversing a large extent of country of every variety of location and soil, containing localities, doubtless affording the most important means of enriching and restoring her impoverished and barren lands. A subject most intimately connected with the interests of agriculture, whilst the arts and manufactures will find ample materials for their enterprise, and profit. Your committee believe that new articles of commerce will be developed for the employment and enriching our citizens. The extensive Mining region of the Western portion of our State, known as they are, to contain extensive and rich deposites of gold and other important metals, furnish strong incentives to this undertaking; that our citizens may not waste their resources in irregular and unscientific experiment, much may be done by the employment of one suitable and scientific individual, or more, who shall furnish such facts, and lay down such principles, as will enable them to direct their capital and enterprise, with greater security against losses and disappointments, so well calculated to check the spirit of enterprise. Intimately connected with this subject, is the great interests of internal improvement, whether by means of our navigable rivers or inlets, or by means of rail roads. The streams of the State with their extent and capabilities of navigation, the ridges, mountains and general [fertility] of the country, with its capacity for agriculture and commerce; it is high time that Georgia with all her treasures, in money and resources, should forgetting party bickering and strife, make an effort to raise herself to that exalted station among her sister States, to which she is entitled, by the extent and fertility of her territory, the ample resources of Commercial and Agricultural enterprise, her favorable location in reference to the other States, and the energy and intelligence of her citizens. Your committee therefore, beg leave to report the following resolutions: Resolved , That his Excellency the Governor , or his successor in office, be, and he is hereby authorised to employ, as soon as convenient, one or more suitable and well qualified persons to undertake the work, of a careful and scientific
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Geological Survey of all the counties in Georgia, under his direction and advice. And be it further resolved , That the sum of ten thousand dollars, ought to be appropriated for that purpose, subject to the warrant of the Executive, out of any monics in the Treasury, not otherwise appropriated, and said sum be inserted in the appropriation act of this year. Resolved further , That the Geologist so appointed, shall keep an office at the seat of Government, where he shall preserve for the use of the State, the various specimens connected with the survey, and shall remain at the seat of government during the greatest part of the session of the Legislature. He shall make an annual report of the progress of the work, to the Governor, and at the termination of his survey, he shall prepare from his journals and reports, a consolidated report for publication, to be handed over to the Governor, and the copy right secured to the State, and make returns semi-annually to the Governor. In Senate, agreed to, 7th December, 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, Dec. 24, 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. WILLIAM SCHLEY, Governor. Approved, 28th Dec. 1836.
RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES. HOUSE OF REPRESENTATIVES. Resolved , That his Excellency the Governor be authorised to draw his warrant on the Treasury for the sum of thirty dollars, in favor of Samuel Braswell, for services rendered in and expenses incurred by him in bearing despatches from the Governor of Georgia to the Governor of Florida, and receiving from the latter Dennis Adams, a fugitive from justice and delivering him to the Sheriff of Thomas county. In the House of Representatives, agreed to, 12th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, Dec. 14th, 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 16th Dec. 1836. HOUSE OF REPRESENTATIVES. The joint committee on the Judiciary, to whom was referred the letter of Oliver H. Prince, Esq. concerning a second edition of the Digest of the Laws of Georgia; have had the subject under consideration, and beg leave to report:
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The first edition of that work was compiled in conformity with an act of the General, passed in 1819, and was reported to the Governor in November, 1821, for examination by a committee. It was executed with a degree of care and fidelity, which has rendered it a work of very general usefulness. A number then supposed to be sufficient for public purposes, was taken by the government, but the supply was exhausted in 1831, and more were purchased in 1832, which are also nearly gone, there being in the State House now, about two hundred, and none to be procured elsewhere. The manuscript of this second edition is offered by the same editor, and upon the same plan as the former. He states that the old Digest has been thoroughly revised, leaving out the acts that have been since repealed, or that have become obsolete, inserting the subsequent Statutes in their proper places, so that the Volume will exhibit all the public Laws of force, from the earliest period of our Legislature, down to the date of its publication. To this is added, a Synopsis of all the local acts and resolutions, in which are brought together those concerning each county, so as to exhibit in one view, and in order of time, all those that relate to the same subject, with the date of each, and a reference to its Volume and page. The convenience and usefulness of the former edition, while it lasted, has been generally felt. Seventeen years of legislation, has however, produced so many new acts, and such a variety of repeals and amendments of the old, that a new edition would seem to be called for, even if the former was not out of print; and the present time is particularly appropriate, for the further reason, that if the acts of the present session are included, the Volume will contain the important amendments of our Judicial system, which are now in contemplation. The committee have, therefore, no hesitation in saying, that the acts of the present session should be included, and they recommend, that the manuscript be then examined by a committee to be appointed for the purpose, and that upon their favorable report, the Governor be directed to take a sufficient number to supply the public officers now, and such as may probably be wanted in future. The Volume if printed as proposed, in the same manner as the former, is estimated to be something more than once and a half as large. The price allowed for those last purchased, was four dollars per
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Volume, which would seem to indicate a sum rather above six dollars, as the proportional price, but as the expense of binding is not enhanced in the same proportion as the size of the Volume, the committee think that five dollars and fifty cents, may be considered as a reasonable price. We are not exactly advised of the whole number heretofore taken by the State originally, and by after purchases, but from the best information we can obtain, it would appear that the number was some little short of four thousand. This point, however, is not considered of importance, as that matter should now be governed by existing circumstances. Since the publication of the first edition, many new counties have been supplied, but no distinction being now to be made, the new edition, will of course, be sent to the new as well as the old counties, and after they are equally supplied, a proper number, we would say, eight hundred, should be in reserve for further supplies as wanted. The committee, on the whole, would recommend the adoption of the following resolution: Resolved , That as soon as the acts of the present session shall have been incorporated as proposed, his Excellency the Governor is requested to appoint a committee of three competent persons, to examine the said manuscript, and that if they report their approbation of the same, and that in their opinion, the Volume from the quantity of necessary matter contained therein, will be as large as the foregoing estimate he is directed to take for the public use, at a price not exceeding five dollars per Volume, a sufficient number of bound copies, to furnish one to each of the civil officers of the State, as directed at the last session in the distribution of the Georgia Justice, and also, eight hundred copies for future distribution, and that he pay for the same out of any money in the Treasury not otherwise appropriated. In the House of Representatives, agreed to, 28th Nov. 1836. JOSEPH DAY, Speaker of tho House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 29th Nov. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 2d Dec. 1836.
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HOUSE OF REPRESENTATIVES. The committee on Finance, to whom was referred the communication of the Comptroller General, giving a statement of the receipts and disbursements at the Treasury, during the political year eighteen hundred and thirty-six, have performed that duty, and having examined into the books of the office of said Comptroller General, containing the receipts and disbursements, and find that the Books are kept in a neat and legible manner, and in the opinion of your committee, does credit to that officer. The receipts from all sources, for the said year, to-wit: From the thirty-first of October 1835, to the 31st of October 1836, inclusive, amounts to $287,061 89 cents; and the disbursement for the same year, amounts to $284,172 79 cents, which leaves in the Treasury $2,889 10 cents, as will more fully appear from the Tabular statement furnished by the said Comptroller General, and herewith submitted, which statement your committee found to correspond with the books in said office. In the House of Representatives, agreed to, 1st Dec. 1836 JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 20th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. HOUSE OF REPRESENTATIVES. The committee to whom was referred the petition of the citizens of Jones county, in relation to the execution of a negro man Harry, the property of Charlotte Harrison, for attempting to commit a rape upon a free white female of said county, on the night of the 7th December, 1833, and was executed on the 10th day of January 1834. Have had the same under consideration, and beg leave to report:
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That from every view which your committee have been able to give the subject, they are of opinion, that the prayer of the petitioners is reasonable and ought to be granted. Believing that private individual property ought not to be taken for public use, or destroyed for offences committed against the State, without satisfaction being made to such injured individual, unless public justice should so require it. In this case, an offence had been committed against the peace and tranquility of the State, and public justice cried aloud for retributive justice; suspicion fell upon the negro man, Harry, the property of Charlotte Harrison, he was taken and was indicted at the instance of the State; tried, convicted and was executed, under said indictment; though many thought at the time he was innocent, and strong suspicions rested upon a negro man Charles, then the property of John Dumas, who has since died, and the negro man Charles became the property of his widow, Matilda Dumas. The negro man Charles, finding that by his artifice and ingenuity, he had escaped the punishment he then merited, became more emboldened, and did some time in October last, absolutely commit a rape upon a free white female of the county of JonesHere was no suspicionhere was no doubtevery prejudice was removed, by the free, open and public confessions of the negro man Charles, after his apprehension, and both before and after his conviction, and before his execution; he openly and publicly declared, that he did commit the offence of which he was charged; and also, that he was guilty of the offence of attempting to commit a rape on a free white female, for which Harry was hanged, and that he ought to have been hung instead of Harry, upon which said confessions of Harry having committed the rape, he was convicted, as the principal witness in the case was not sworn upon the trial, no other testimony than the confessions of Charles, were given in upon the trial. Inasmuch as the confessions of Charles was sufficient to insure his own conviction, and taking the whole of his confessions together, for if believed in the one case, it ought to be taken as true in the other, will most fully and clearly show that he was guilty of the offence for which Harry was hanged, and ought to have been hanged in his stead; all of which go clearly to shew that Harry was hanged innocently, and for an offence of which Charles was guilty.
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Whereupon, your committee recommend the following resolution: Resolved , That his Excellency the Governor be, and he is hereby authorised and requested to issue his warrant on the Treasurer in favor of Charlotte Harrison, for one thousand dollars, to be paid out of any monies in the Treasury not otherwise appropriated, and that the amount of money contained in this resolution, be placed in the appropriation bill, for the present session of the Legislature. In the House of Representatives, read and agreed to, 7th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 20th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 22d Dec. 1836. HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the compensation to the Electors of President and Vice President in this State, shall be eight dollars per day, while in actual service, and eight dollars for every twenty miles of travel to the seat of government and back to their places of residence, and that the amount paid to the Electors of the present year shall be charged to the contingent fund. And be it further resolved , That his Excellency the Governor, be requested, to pay the several sums so allowed, out
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of the ontingent fund of 1837, and that they be allowed a Secretay at the same rate per diem. In Huse of Representatives, read and agreed to, 5th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 6th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 7th Dec. 1836. HOUSE OF REPRESENTATIVES. The joint committee on Printing in conformity with the duties they were appointed to perform, report, that they issued proposals for the job printing of the present session, and have accepted the proposals of Mr. P. L. Robinson, to execute the same, he having made the lowest bid for the same. The committee therefore submit the following resolution: Resolved , That the proposals of Mr. P. L. Robinson to execute the Job Printing in a neat and expeditious manner, at the same rates and on the same terms, that the same was executed for the General Assembly, for the year 1834, being the lowest bid that was offered, be accepted. The terms of the contract in 1834, were as follows: For each sheet of eight octavo pages, five cents per sheet for the first hundred sheets, and two and a half cents per sheet after the first hundred; and for 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 25 per cent. lower. Rule and figure work double those prices. The committee further report, that they issued proposals for the printing of the Laws and Journals of the present session, and have accepted the proposals of Mr. P. L. Robinson, to execute said printing, he having made the lowest bid for the same.
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The committee, therefore, submit the following resolution: Resolved further , That the proposals of Mr. P. L. Robinson, to print the Laws and Journals of the present session of the Legislature, being the lowest proposals to do the same, be accepted. The terms on which he proposes to execute said printing are as follows: The Laws and Journals to be printed at nine and three-fourth Mills per sheet of eight octavo pagesRule and figure work to be an additional charge of eighty-seven and a half per centum. The work to be executed in Milledgeville, and to be performed with the size type heretofore used, in printing the Laws and Journals, and to be executed equal to any similar work done in the State. The Laws to be delivered on the twentieth of February and the Journals on the fifteenth of March, 1837. Securities in both contracts to be approved by the Governor. In the House of Representatives, read and agreed to, 3d Dec. 1836. DAVID M. BURNES, Speaker of the House of Representatives, pro. tem. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 6th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 7th Dec. 1836. HOUSE OF REPRESENTATIVES. The joint committee on Finance, to whom was referred the special message of his Excellency the Governor, relating to the services of Col. Brisbane, and Mr. White, rendered in an instrumental examination of the Alleghany passes, on the Northern Frontier of Georgia; beg leave to report That there is no information within the possession of the committee, which will enable them to form any correct opinion, as to the value of the services charged, nor the propriety of the expenses incurred. In the account rendered by
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those gentlemen, the period of time necessarily consumed in the Survey, is not stated; a general charge alone is tendered for personal services, $1,543 62 1-2, an account of $1,200 for expenses incidental to survey, has been rendered to the Executive, but not furnished the committee. The services rendered by these gentlemen, have doubtless, been valuable to the State, and that they should receive a corresponding compensation therefor, cannot be questioned. The resolution of the last General Assembly, requiring the Governor to have this survey made, did not limit the price of compensation to be paid to the Engineer, and consequently, must be understood as leaving that officer to his sound discretion, in the compensation he should make. The Governor in his communication, says, the charge made by these gentlemen, is very reasonable, and the expenses have been smaller than could have been anticipated, and asks that appropriation be made to enable him to pay the account. The committee, therefore, beg leave to offer the following resolution: Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the sum of $2,743 62 1 2, be appropriated, to pay the account of A. H. Brisbane, and Edward B. White, for their aforesaid services and expenses, in an instrumental examination of the Alleghany passes, in the Northern Frontier of Georgia, and that the same be inserted in the appropriation act. In the House of Representatives, agreed to, 7th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 20th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 20th Dec. 1836.
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HOUSE OF REPRESENTATIVES. Resolved , That his Excellency the Governor, be authorised and required to have published in such of the public gazettes of this State, as he may select, all acts of the present Legislature, that may be of a public or general character. In House of Representatives, agreed to, 19th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 20th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 22d Dec. 1836. HOUSE OF REPRESENTATIVES. The select committee, to whom was referred the Petition of Wiley Williams; Report That upon a careful examination of all the facts of the claim, they find that the State has inadvertently conveyed its interest in a certain lot of land, to-wit: Lot 219, in the fourth district originally Muscogee, now Marion county, to the said Wiley Williams, and to one George Ray, that the former acquired title by purchase from the State, paying therefor, the sum of 602 dollars; and the former, by Grant from the State, in consequence of a fortunate draw in a Land Lottery, had under authority of said State. That said Wiley Williams, after having improved his lot at considerable expense, was sued in ejectment, by an individual claiming under the State's Grant, to the said George Ray, had a verdict against him, appealed, and pending the appeal, purchased the said lot of Land from the plaintiff in ejectment, for a consideration very nearly double the sum he had originally paid to the State for the same. Your committee believe that had the said lot of land been actually recovered from the said Williams, by a verdict and
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judgment of the Court, as the last resort, he would have been entitled to reimbursement from the State, upon every principle of Law and Equity. They do not perceive that the validity of his claim upon the State is at all impaired by the compromise pending the appeal, for had he successfully resisted the suit in ejectment, the unsuccessful plaintiff in that suit having been debarred the chance of drawing another lot by placing of the lot in question, in the wheel, and having received from the State a grant for a tract of land to which the State had no title, would have been entitled to some remuneration. They believe that the merits of the claim are substantially the same, whether the number of said lot of land was placed in the wheel by improvident legislation or by a mistake of the commissioners, who were the agents of the State; they therefore recommend the adoption of the following resolution: Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the sum of $828 67, being the amount paid by the said Wiley Williams, and interest on the several instalments, from the time of payment to the first of January next, be paid to the said Wiley Williams, in satisfaction of his claim, and that a clause providing therefor, be inserted in the general appropriation act. In House of Representatives, read and agreed to, 7th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 20th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. AttestJohn T. Lamar, Secretary. Approved, 22d Dec. 1836. HOUSE OF REPRESENTATIVES. Whereas, a tri-weekly stage line, from the city of Savannah, to Macon, has been established, and it is highly necessary
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those citizens should have the benefit of a direct mail between those cities. Be it resolved by both branches of the Gencral Assembly , That our Representatives in Congress, be respectfully and carnestly requested to use all means in their power, to cause to be established as soon as practicable, a tri-weekly mail between said cities. 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. In House of Representatives, agreed to, 19th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 20th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. AttestJohn T. Lamar, Secretary. Approved, 22d Dec. 1836. HOUSE OF REPRESENTATIVES. Be it resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That his Excellency the Governor, be, and he is hereby authorised and requested to draw his warrant on the Treasury for eight hundred and eighty dollars, and ninety-eight and three-fourth cents, the sum sufficient to meet the demands of sundry citizens of Heard and Troup counties, who were employed under the authority of law, in arresting the spread of the Small Pox, in that section of the State. And be it further resolved , That the said sum of money shall be distributed by his Excellency in the following manner. To Mr. Sankey T. Johnson five hundred and thirtythree dollars and thirty-three and a third cents, for building
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a temporary Hospital, and an out house. One hundred and twenty-six dollars 27 and a half cents to Lilly Allen, for burning her house and household furniture, to prevent contagion, under the order of the Inferior Court of Troup county; and the sum of thirty-nine dollars thirty-seven and a half cents, to James G. Powers, for medical services; and one hundred and eighty-two dollars to John B. Ghent, M. D. for medical services. In House of Representatives, agreed to, Nov. 22d, 1836. JOSEPH DAY. Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 24th Nov. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 28th Nov. 1836. HOUSE OF REPRESENTATIVES. It appearing that the Trustees of the Poor School fund for the county of Early, failed to make return in terms of the Law for the year 1835, and doubts having arisen, whether the Governor is now authorised to receive their returns for said year, and to issue his warrant for the amount of the Poor School funds due said county. Be it therefore resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That his Excellency the Governor, be, and he is hereby authorised to receive the returns of the Trustees of the Poor School fund of the county of Early, in the same manner as if they had been made within the time prescribed by Law, and that he be, and he is hereby authorised to issue his warrant
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to the said Trustees or any one of them, for the amount of the Poor School fund due said county. In House of Representatives, agreed to, 3d Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 14th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 15th Dec. 1836. HOUSE OF REPRESENTATIVES. The select committee, to whom was referred the petition of sundry citizens of Cherokee and Cass counties, asking for compensation for John Nailor, and his five associates, for the danger, trouble and expense of taking the celebrated Indian outlaw, George Tooke, who murdered and burned the family of John L. Boman, a citizen of Cass county, and for expenses actually incurred by the said John Nailor, in procuring the conviction of the said Indian; beg leave to report That considering the hazard and boldness of the adventure, in re-capturing a subtle and savage murderer, George Took, after he had already broken Jail three times, and considering the great trouble and expense of the said John Nailor, in procuring witnesses, c. to convict said Indian, the State should compensate the said John Nailor, and his five associates. Be it therefore resolved , That his Excellency the Governor be authorised to pay to John Nailor and his five associates, two hundred dollars, fifty dollars to the said Nailor, and the balance equally to the other five; and that the same be paid out of any money in the Treasury not otherwise apppropriated,
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and that the same be inserted in the appropriation act. In House of Representatives, agreed to, Nov. 24th 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 1st Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 2d Dec. 1836. HOUSE OF REPRESENTATIVES. The joint standing committee on Finance, to whom was referred the Executive communication, in relation to the Savannah, Ogechee and Alatamaha Canal company, and the memorial of the stockholders of that company; report That the State first became interested in the scheme of that company by the loan of $50,000 in Darien Bank bills, to Ebenezer Jencks, at a time when those bills were not current, on his undertaking to re-pay the same, when the bills of that Bank should be at par value. That subsequently an application was made for an additional loan, which eventuated in the further advance of $44,000, or rather, in the subscription for stock to that amountThat after this, the State changed the nature of its institution, and became a stockholder in said company, to the extent of $98,500. and individual subscription to the amount of $99,400, was paid in, and the Canal was opened to the Ogechee river. This Canal, so long as there was a prospect of continuing it to the Alatamaha river, promised well, but Commercial embarrassments, or other causes prevented the subscription money for the extension of it, and for years past, the Canal has not only paid no dividend to the stockholders, but the income from it has not equalled its current expenses, and a debt of several thousand dollars has been incurred; for a part of which, judgment has been obtained, and the Canal is now actually under levy, to satisfy that judgment.
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The memorialists manifest a continued disposition on their part, to make this work available, and they represent that the expenditure of about the sum of $100,000, will do so; if at the same time, an arrangement be made, which will induce others to embark in it, and extend it to the Alatamaha river. The questions which occur, are1st. Shall the State further lend its aid to the accomplishment of the scheme, or shall it suffer a sale under the judgment, by which the whole investment will be lostor, shall it sell its interest in the Canal for a price which it may be made to command, giving a sum, under which, it shall not be soldor, should it reduce the rate of its stock in the same same ratio, that individual stockholders will agree to do, and admit a further subscription to defray the expenditures now incurring. This committee has had those several propositions under consideration, and most decidedly report against the investment of any more money by the State in this schemeand are as decided in the opinion, that the matter should not remain in its present condition, which is tantamount to the total loss of what has been expended by the State, as well as individuals, and that if individuals are willing still to pursue the enterprise, the State should not withhold its assent. Two modes are suggested by which the State's concurrence will forward the views of the stockholders. The one is, that the State shall sell out its interest, for what it shall bringthe other is, that the stock of the State be reduced to ten cents on the dollar, the other stockholders consenting to the same reduction, and amending the act of incorporation, so as to authorise a new subscription of an amount sufficient to make it available. The committee think that the adoption of either proposition will benefit the State, or rather enable her to derive something from that which is now worthless. The committee reports herewith, a bill, and recommends the adoption of the following resolution: Resolved , That the interest of the State in the Savannah, Ogechee and Alatamaha Canal, be sold at private sale, to the best advantage; provided the same be not sold for a less sum than $10,000, to be paid into the Treasury of this State, on or before the first day of June next. Resolved , That on the payment of the purchase money therefor, all the right, title and interest of the State of Georgia,
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in and to the said Canal, and in the stock of said company, as a stockholder therein, shall vest in, and become the property of said purchaser. In the House of Representatives, read and agreed to, 29th Nov. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 1st Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 3d Dec. 1836. HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly, convene in the Representative chamber, Saturday, the 19th inst. at 12 o'clock, M. to elect a Brigadier General of the first Brigade second Division, G. M. to fill the vacancy created by the removal of Brigadier General, Aaron W. Grier. In the House of Representatives, read and agreed to, 18th Nov. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 18th Nov. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 19th Nov. 1836. HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly will convene in the Representative chamber, on Saturday
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the 26th inst. at the hour of 12 o'clock, to elect four Directors on the part of the State, for the Bank of the State of Georgia, two for the Planters' Bank, and seven for the Bank of Darien. In the House of Representatives, read and agreed to, Nov. 22d, 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 24th Nov. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 26th Nov. 1836. HOUSE OF REPRESENTATIVES. Whereas, the unprecodented demand for Grants, renders it impracticable for the public to be promptly accommodated, by the agents originally attached to the Surveyor General's Office. Resolved therefore , That the Surveyor General and Secretary of State, be directed to employ a sufficient number of Clerks, not more than three to each office, to accommodate the public promptly during the session of the Legislature, until such time as the Legislature can make further permanent provision for that purpose. In the House of Representatives, read and agreed to, 17th Nov. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 17th Nov. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 18th Nov. 1836.
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HOUSE OF REPRESENTATIVES. Resolved , That his Excellency the Governor, be and he is thereby authorised and requested to furnish for the use of the Militia officers of the county of Wilkes, ten copies of an abstract of Infantry Tactics, and that the same be forwarded to the said county of Wilkes with the Laws and Journals. In the House of Representatives, agreed to, 16th Nov. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 17th Nov. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 17th Nov. 1836. HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly will convene in the Representative chamber on Saturday the 19th inst. at 12 o'clock, meridian, for the purpose of electing a Major General, for the 5th Division, G. M. to fill the vacancy occasioned by the resignation of Major General, R. C. Shorter. In the House of Representatives, read and agreed to, 18th Nov. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 19th Nov. 1836. ROBERT M. ECHOLS, President of Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 19th Nov. 1836.
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HOUSE OF REPRESENTATIVES. Whereas, all sections of the country are entitled to an equal participation of the advantages of the Governmentand whereas, Stages when regularly kept up, are of singular service to the country through which they pass, as well as to the community in generaland whereas, the Cherokee country is rapidly advancing in wealth and populationand whereas, said country is almost entirely deprived of the benefits which flow from stages and stage routesand whereas, a route from Carrollton to Spring Place, by way of Rome, Cassville, and New Echota, and a route from Decatur to Cassville, by way of Marietta, would be of great public utility, as well as to the advantage of the Cherokee country. Be it therefore resolved by the Senate and House of Repre-representatives of the State of Georgia in General Assembly met , That our Senators in the Congress of the United States and our Representatives, be requested to use their best endeavors to have a weekly line of Stages established from Carrollton to Spring Place, by the way of Rome, Cassville, and New Echota, and from Decatur to Cassville, by way of Marietta. And be it further resolved , That his Excellency the Governor, be requested to transmit a copy of this preamble and resolutions to each of our Senators and Representatives in Congress. In the House of Representatives, agreed to, 23d Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 24th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 28th Dec. 1836.
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HOUSE OF REPRESENTATIVES. Resolved , That his Excellency the Governor, be, and he is hereby requested to have one copy of the Laws and Journals of the present session of the Legislature, when printed, sent to each member of the present Legislature; and also, one copy of the same, sent to each Editor of a newspaper in this State, and that the same be sent with the Laws and Journals, to the different counties. In the House of Representatives, agreed to, 21st Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, Dec. 24th, 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 24th Dec. 1836. HOUSE OF REPRESENTATIVES. Whereas, the Tax Receiver for the county of Union, for the year 1834, failed to make due return to the Comptroller General, a digest of the State Tax.Therefore, Be it resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby resolved by the authority aforesaid , That the Tax Collector of the county of Union, for the year 1834, be, and he is hereby required to pay over to the Treasurer of the State, the amount of Tax due the State for the said year 1834. In the House of Representatives, agreed to, 24th Dec. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 20th Dec. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 24th Dec. 1836.
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HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly convene in the Representative chamber on Monday next, the 14th inst. at 12 o'clock, M. for the purpose of electing a Senator to the Congress of the United States, for six years afthe third day of March next. In House of Representatives, read and agreed to, 12th Nov. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 14th Nov. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 14th Nov. 1836. HOUSE OF REPRESENTATIVES. Resolved , That both branches of the Legislature convene in the Representative chamber, on Saturday next, at 12 o'clock, M. for the purpose of electing a Brigadier General in the second Brigade of the 5th Division of the G. M. to fill the vacancy occasioned by the death of Brigadier General Ware: Also, a Brigadier General in the first Brigade of the eighth Division of the Georgia Militia, to fill the vacancy occasioned by the death of Brigadier General Robert A. Beall. In the House of Representatives, agreed to, 11th Nov. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 11th Nov. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 12th Nov. 1836.
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HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That the committee on Printing, be instructed to receive no proposals, nor enter into any contract for printing the Laws and Journals of the Legislature, which does not contain an express stipulation, that said printing shall be executed within the limits of the State. Be it further resolved , That it shall be the duty of the Secretary of State to superintend the correction of the Proof Sheets of the Laws and of the Journals of the Senate and House of Representatives. In the House of Representatives, agreed to, 11th Nov. 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 17th Nov. 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 18th Nov. 1836. HOUSE OF REPRESENTATIVES. Resolved by both branches of the General Assembly , That Messrs. Harris of Baldwin, Hammond and Gray, be a com. on the part of the House, to join such as may be appointed by Senate, to superintend the erection of the Government House, for which an appropriation has been made during the present session: As also to superintend the erection of a suitable railing around the State House; and a Portico to the State
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HouseCommittee on part of Senate, Messrs. Mitchell of Baldwin, and Lawshe. In the House of Representatives, agreed to, 24th December, 1836. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, Dec. 24, 1836. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. WILLIAM SCHLEY, Governor. Approved, 28th Dec. 1836.
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APPENDIX. STATEMENT OF WARRANTS Drawn on the Treasurer during the political year, one thousand eight hundred and thirty-six, or, between the first Monday in November, eighteen hundred and thirty-five, and the first Monday in November, eighteen hundred and thirty-six. DRAWN CHARGEABLE TO ACCOUNT OF APPROPRIATION FOR COUNTY ACADEMIES. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1835. Nov. 2, 2. Trustees, Clinton Ac. For the amount due said aca. agreeably to a distribution made 24th June, 1835. $249 87 Nov. 3, 3. Trustees, Jenkins Ac. For the amount due said aca. Harris county, 1835. 97 23 Nov. 3, 4. Trustees, Meson Ac. For the amount due said aca. Oglethorpe county, 1835. 292 29 Nov. 4. 8. Trustees, Stone Creek, Ac. For the amount due said aca. Twiggs county, 1835. 103 71 Nov. 7. 13. Trustees, Muscogee co. Ac. For the amount due said aca. 1835. 193 Nov. 10. 15. Trustees, Cass county Ac. For the amount due said aca. 1835. 58 Nov. 13. 20. Trustees, Madison co. Ac. For the amount due said aca. 1835. 185 Nov. 18. 28. Trustees, Franklin Ac. For the amount due said aca. Upson county, 1835. 42 08 Nov. 21. 31. Trustees, Harmony Ac. For the amount due said aca. Putnam county, 1835. 69 80 Nov. 23. 32. Trustees, Lincoln co. Ac. For the amount due said aca. 1834 1835, 426 Nov. 26. 39. Trustees, Greene co. Ac. For the amount due said aca. 1835, 415 Nov. 26. 41. Trustees, Stewart co. Ac. For the amount due said aca. 1834 1835. 206 50 Dec. 1. 45. Trustees, Tattnall co. Ac. For the amount due said aca. 1835 99 Dec. 2. 47. Trustees, Madison M. and F. Ac. For the amount due said aca. Morgan 1835. 304 40 Dec. 7. 52. Trustees, Irwin co. Ac. For the amount due said aca. 1835. 51 Dec. 11. 56. Trustees, Planters' Ac. For the amount due said aca. Twiggs 1835. 86 44 Dec. 14. 69. Trustees, Carroll co. Ac. For the amount due said aca. 1835. 148 Dec. 15. 71. Trustees, Early co. Ac. For the amount due said aca. 1835. 82 Dec. 15. 72. Trustees, Burke co. Ac. For the amount due said aca. 1835. 401 Dec. 17. 75. Trustees, Rabun co. Ac. For the amount due said aca. 1835. 137 Dec. 17. 76. Trustees, Union c. Ac. For the amount due said aca. Upson 1835. 196 92 Dec. 18. 77. Trustees, Habersham co. Ac. For the amount due said aca. Per res. app'vd 17th inst. 496 Dec. 18. 78. Trustees, Troup co. Ac. For the amount due said aca. 24th June, 1835. 306 Dec. 19. 79. Trustees, Effingham co. Ac. For the amount due said aca. 1834 1835. 220 Dec. 19. 80. Trustees, Oak Hill Ac. For the amount due said aca. Columbia 1834 1835. 156 89 Dec. 19. 81. Trustees, Thomas co. Ac. For the amount due said aca. 1834 1835. 144 Dec. 21. 84. Trustees, Cherokee co. Ac. For the amount due said aca. 1834 1835. 54 Dec. 21. 85. Trustees, Pike co. Ac. For the amount due said aca. 1834 1835. 264 Dec. 21. 86. Trustees, Meriwetherco Ac. For the amount due said aca. 1834 1835. 209 Dec. 21. 87. Trustees, Franklin co. Ac. For the amount due said aca. Perres. ap'vd this day. 1,645 59 Dec. 22. 95. Trustees, Montgomery c. Ac. For the amount due said aca. 24th June, 1835. 52 1836. Jan. 15. 116. Trustees, Walker co. Ac. For the amount due said aca. 1834 1835. 56 Jan. 26. 123. Trustees, Decatur co. Ac. For the amount due said aca. 1834 1835. 163 Jan. 26. 124. Trustees, Centreville Ac. For the amount due said aca. Talbot 1834 1835. 56 87 Jan. 27. 126. Trustees, Warrenton Ac. For the amount due said aca. Warren 1834 1835. 100 09 Jan. 30. 127. Trustees, Powelton Ac. For the amount due said aca. Hancock 1834 1835. 57 37 Feb. 5. 179. Trustees, Mt. Pleasant Ac. For the amount due said aca. Oglethorpe 1834 1835. 150 71 Mar.. 18. 200. Trustees, Bulloch co. Ac. For the amount due said aca. 1834 1835. 102 April 16. 217. Trustees, Wilkinson Ac. For the amount due said aca. 1834 1835. 262 April 22. 222. Trustees, Floyd co. Ac. For the amount due said aca. 1834 1835. 68 May 3. 269. Trustees, Union Ac. For the amount due said academy of the aca. fund on 24th June, 1835, Harris co. 20 69 May 12. 277. Trustees, McIntosh co. Ac. For the amount due said academy of the aca. fund on 24th June, 1835, Harris co. 154 May 12. 278. Trustees, Gilmer co. Ac. For the amount due said academy of the aca. fund on 24th June, 1835, Harris co. 42 1836. July 2. 303. Trustees, Blountsville Ac. For the amount due said academy of the aca. apportioned on the 30th June 1836, Jones co 175 59 July 5. 305. Trustees, Oak Grove Ac. For the amount due said academy of the aca. apportioned on the 30th June 1836, Morgan co. 102 79 July 9. 310. Trustees, Philomathae Ac. For the amount due said academy of the aca. apportioned on the 30th June 1836, Elbert co. 240 78 July 16. 316. Trustees, Cherokee co. Ac. For the amount due said academy of the aca. apportioned on the 30th June 1836, Elbert co. 54 July 16. 318. Trustees, Union Hill Ac. For the amount due said academy of the aca. apportioned on the 30th June 1836, Jones co. 87 79 July 16. 319. Trustees, Sparta M. F. Ac. For the amount due said academy of the aca. apportioned on the 30th June 1836, Hancock co. 222 04 July 18. 322. Trustees, Hall co. Ac. For the amount due said academy of the aca. apportioned on the 30th June 1836, Hancock co. 543 July 13. 323 Trustees, Cool Spring Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Butts co. 119 45 June 20. 326. Trustees, Chatham co. Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Butts co. 534 July 20. 328. Trustees, Fortville Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Jones co. 131 70 July 22. 335. Trustees, Jefferson co. Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Jones co. 258 July 27. 337. Trustees, Taliaferro Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Jones co. 212 July 28. 339. Trustees, Salem Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Clarke co. 106 80 July 29. 341. Trustees, Jefferson Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Monroe co. 56 04 July 30. 342. Trustees, Jafferson Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Putnam co. 159 87 Aug. 1. 385. Trustees, Gwinnett co. Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Putnam co, 554 Aug. 3. 388. Trustees, Wilkes co. Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Wilkes co. 375 14 Aug. 8. 389. Trustees, Monagan Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Warren co. 171 51 Aug. 10. 391. Trustees, DeKalb co. Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Warren co. 456 Aug. 11. 395. Trustees, Mt Carmel Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Crawford co. 171 Aug. 11. 396. Trustees, Newton co. Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Crawford co. 445 Aug. 12. 399. Trustees, Richmond co. Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Crawford co. 418 Aug. 13. 401. Trustees, Carroll co. Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Crawford co. 148 Aug. 15. 404. Trustees, Blountsville Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Upson co. 32 33 Aug. 18. 405. Trustees, Houston co. Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Upson co. 318 Aug. 25. 410. Trustees, Harmony Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Putnam co. 124 19 Aug. 25. 412. Trustees, Davishoro Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Washington 128 77 Aug. 25. 413. Trustees, Bark Camp Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Burke co. 145 81 Aug. 26. 414. Trustees, Corinth Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Baldwin co. 145 94 Aug. 29. 415. Trustees, Male Female Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Elbert co. 201 27 Aug. 29. 417. Trustees, Washington Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Washington 72 96 Sept. 8. 422. Trustees, Powelton Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Hancock co. 54 90 Sept. 8. 423. Trustees, Union co. Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1835 1836, Hancock co. 82 Sept. 8. 424. Trustees, Walton co. Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Hancock co. 404 Sept. 10. 428. Trustees, Cullodensville Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Monroe co. 161 40 Sept. 10. 429. Trustees, Columbia co. Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Monroe co. 645 61 Sept. 13. 431. Trustees, Heard co. Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Monroe co. 83 Sept. 20. 437. Trustees, Lake Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Bibb co. 34 34 Sept. 23. 439. Trustees, Habersham co Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Bibb co. 493 Oct. 6. 448. Trustees, Bibb co. Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Bibb co. 250 66 Oct. 7. 449. Trustees, Cicero Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836, Monroe co. 33 64 Oct. 8. 450. Trustees, Washington Ac. For the amount due said academy of the aca. fund apportioned on the 24th June 1835, Talbot 123 58 Oct. 26. 457. Trustees, Jackson co. Ac. For the amount due said academy of the aca. fund apportioned on the 30th June 1836. 383 Aggregate amount. $18,308 60
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DRAWN CHARGEABLE TO ACCOUNT OF POOR SCHOOL FUND. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1835. Nov. 2. 1. Trustee Butts co. For amount due said county agreeably to a distribution made on the 24th June 1835. 188 56 Nov. 5. 9. Trustee Rabun co. For amount due said county agreeably to a distribution made on the 24th June 1835. 166 99 Nov. 5. 10. Trustee Habersham co. For amount due said county agreeably to a distribution made on the 24th June 1835. 574 67 Nov. 13. 19. Trustee Madison co. For amount due said county agreeably to a distribution made on the 24th June 1835. 188 44 Nov. 17. 25. Trustee Warren co. For amount due said county agreeably to a distribution made on the 24th June 1835. 282 41 Nov. 20. 29. Trustee Troup co. For amount due said county agreeably to a distribution made on the 24th June 1835. 231 96 Nov. 25. 37. Trustee Decatur co. For amount due said county agreeably to a distribution made on the 24th June 1835. 154 Nov. 26. 40. Trustee Stewart co. For amount due said county agreeably to a distribution made on the 24th June 1834 1835 159 04 Dec. 1. 46. Trustee Tattnall co. For amount due said county agreeably to a distribution made on the 24th June 1835. 101 98 Dec. 4. 49. Trustee Coweta co. For amount due said county agreeably to a distribution made on the 24th June 1835. 232 18 Dec. 4. 50. Trustee Monroe co. For amount due said county agreeably to a distribution made on the 24th June 1835. 544 49 Dec. 7. 51. Trustee Irwin co. For amount due said county agreeably to a distribution made on the 24th June 1835. 59 70 Dec. 8. 53. Trustee Chatham co. For amount due said county agreeably to a distribution made on the 24th June 1835. 280 22 Dec. 10. 54. Trustee Bulloch co. For amount due said county agreeably to a distribution made on the 24th June 1835. 103 43 Dec. 11. 55. Trustee Greene co. For amount due said county agreeably to a distribution made on the 24th June 1835. 272 44 Dec. 11. 57. Trustee Franklin co. For amount due said county agreeably to a distribution made on the 24th June 1835. 420 95 Dec. 11. 59. Trustee Lumpkin co. For amount due said county agreeably to a distribution made on the 24th June 1835. 246 01 Dec. 11. 62. Trustee Oglethorpe co. For amount due said county agreeably to a distribution made on the 24th June 1835. 297 55 Dec. 14. 67. Trustee Lincoln co. For amount due said county agreeably to a distribution made on the 24th June 1835. 155 96 Dec. 14. 68. Trustee Burke co. For amount due said county agreeably to a distribution made on the 24th June 1835. 290 81 Dec. 14. 70. Trustee Effingham co. For amount due said county agreeably to a distribution made on the 24th June 1835. 95 82 Dec. 16. 74. Trustee Gilmer co. For amount due said county agreeably to a distribution made on the 24th June 1834 1835. 61 Dec. 21. 83. Trustee Twiggs co. For amount due said county agreeably to a distribution made on the 24th June 1835. 32 07 Dec. 22. 94. Trustee Montgomery co. For amount due said county agreeably to a distribution made on the 24th June 1835. 52 93 1836. Jan. 13. 114. Trustee Putnam co. For amount due said county agreeably to a distribution made on the 24th June 1835. 296 46 Feb. 9. 182. Trustee Crawford co. For amount due said county agreeably to a distribution made on the 24th June 1835. 154 73 Feb. 12. 184. Trustee Sumter co. For amount due said county agreeably to a distribution made on the 24th June 1835. 41 07 Mar. 24. 206. Trustee Appling co. For amount due said county agreeably to a distribution made on the 24th June 1835. 65 April 18. 213. Trustee Baldwin co. For amount due said county agreeably to a distribution made on the 24th June 18334 1835 546 27 May 10. 273. Trustee Scriven co. For amount due said county agreeably to a distribution made on the 24th June 1835. 124 10 May 12. 276. Trustee McIntosh co. For amount due said county agreeably to a distribution made on the 24th June 1835. 173 83 July 3. 308. Trustee Hancock co. For amount due said county agreeably to a distribution made on the 30th June 1836, 281 23 July 9. 311. Trustee Elbert co. For amount due said county agreeably to a distribution made on the 30th June 1836, 358 73 July 16. 317. Trustee Cherokee co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 235 42 July 16. 320. Trustee Clarke co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 287 50 July 18. 321. Trustee Campbell co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 190 29 July 18. 324. Trustee Henry co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 469 68 July 18. 325. Trustee Hall co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 625 91 July 20. 329. Trustee Pike co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 263 July 23. 333. Trustee Meriwether co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 201 77 July 28. 340. Trustee Jackson co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 377 10 July 30. 343. Trustee Wilkinson co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 267 96 Aug. 1. 386. Trustee Gwinnett co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 612 02 Aug. 10. 392. Trustee DeKalb co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 505 51 Aug. 10. 393. Trustee Jones co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 346 98 Aug. 11. 397. Trustee Newton co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 453 66 Aug. 11. 398. Trustee Fayette co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 256 98 Aug. 13. 402. Trustee Carroll co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 171 75 Aug. 18. 406. Trustee Houston co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 313 66 Aug. 23. 408. Trustee Murray co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 131 24 Aug. 24. 409. Trustee Jefferson co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 196 78 Aug. 25. 411. Trustee Laurens co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 168 23 Aug. 29. 416. Trustee Washington co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 325 47 Sept. 1. 419. Trustee Taliaferro co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 173 88 Sept. 7. 420. Trustee Troup co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 281 96 Sept. 8. 421. Trustee Union co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 50 57 Sept. 8. 426. Trustee Twiggs co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 254 69 Sept. 13. 432. Trustee Heard co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 82 96 Sept. 14. 433. Trustee Wilkes co. For amount due said county agreeably to a distribution made on the 30th June 18345 6. 291 76 Sept. 17. 434. Trustee Forsyth co. For amount due said county agreeably to a distribution made on the 30th June 1835 6, 114 58 Sept. 20. 438. Trustee Scriven co. For amount due said county agreeably to a distribution made on the 30th June 1835 6, 124 10 Oct. 3. 441. Trustee Upson co. For amount due said county agreeably to a distribution made on the 30th June 1834, 219 58 Oct. 3. 442. Trustee Richmond co. For amount due said county agreeably to a distribution made on the 30th June 1835 6, 311 25 Oct. 6. 447. Trustee Talbot co. For amount due said county agreeably to a distribution made on the 30th June 1835 6, 250 60 Aggreagate amount. $ 15,892 01
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DRAWN CHARGEABLE TO PRINTING FUND, 1835. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1835. Nov. 3. 5. J. G. McWhorter, For printing for the public in his paper, the Georgia Courier, 341 06 Nov. 3. 6. P. C. Guiev, For printing for the public in his paper, the Georgia Constitutionalist, 354 19 Nov. 13. 22. William E. Jones, For printing for the public in his paper, the Southern Whig, 18 Nov. 18. 26. Wm. S. Rockwell, For printing for the public in his paper, the Georgia Journal, 22 50 Nov. 25. 38. Campbell Guerry For Executive subscription to Columbus Sentinel up to 1st Oct.1835. 3 Dec. 11. 58. M. Bartlett, For printing for the State in the Georgia Telegraph, 12 75 Dec. 23. 102. Greene Lumpkin For 3000 copies of the Georgia Justice, furnished the State, per act approved 22d Dec.1835,(ballance) 4,500 $5,251 50 PRINTING FUND, 1833. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1835. Dec. 23. 101. Greene Lumpkin, For part for 3000 copies of the Georgia Justice, furnished the State, per act approved 22d December, 1835, 4,500 PRINTING FUND, 1836. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1836. Jan. 11. 112. Marks, Flournoy Jeter, For printing done for the State in the Columbus Enquirer, 17 37 Jan. 22. 120. P. L. Robinson, For printing done for the State in the Standard of Union, Public offices and State Legislature, 620 82 Feb. 8. 181. John A. Cuthbert, For an advance to him as contractor to print the Laws and Journals of 1835, 1,000 Feb. 15. 186. John A. Cuthbert, For printing for the Legislature under contract, and for various public Laws, Bank Reports, c. c. 1,637 33 Mar. 28. 207. John A. Cuthbert, For a further advance to him as contractor to print the Laws and Journals 1835, 2,000 April. 1. 209. Thomas L. Jones, For Executive subscription to Richmond Enquirer, from 1st December 1835, to 1st December 1836. 5 April. 1. 210. P. L. Robinson, For Printing done for the State, viz: various public acts, c. and for job work for the different public offices. 217 76 April. 28. 225. John A. Cuthbert, For the ballance due him as contractor to print the Laws and Journals of 1835, 2,932 19 May. 10. 274. William H. Bulloch, For publishing the Bank Reports for April, in the Savannah Georgian, 282 June. 18. 296. Grieve Orme, For printing done for the State in the Southern Recorder, 152 75 June. 22. 297. Guerry Iverson, For printing done for the State in the Columbus Sentinel, 217 50 July. 16. 313. M. Bartlett, For printing done for the State in the Georgia Telegraph, including Bank Reports, 417 25 July. 21. 331. J. T. Hay, For Printing done for the State in the Southern Spy, including Bank Reports, 382 75 Aug. 10. 391. P. L. Robinson, For Printing done for the State in Standard of Union, including Bank Reports, c. c. 497 38 Aug. 13. 400. Albon Chase, For Printing done for the State in the Southern Banner, including Bank Reports, c. c. 384 37 Aug. 30. 418. M. H. Gathright, For Printing done for the State in the Miners' Recorder, including Bank Reports, c. c. 321 Sept. 19. 436. Guerry, Cline Iverson, For Printing done for the State in the Columbus Sentinel, including Bank Reports, in part, 24 Oct. 29. 459. John A. Cuthbert, For Printing in the Federal Union, various Laws of the last Session, Bank Reports for April, Proclamations, c. c. 454 87 $11,564 95
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DRAWN CHARGEABLE TO MILITARY FUND, 18345. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1835. Nov. 4. 7. Wm. Beall, For 11 days service as Brig. Inspector of 2d Brig. 9th Div. G. M. 44 Nov. 6. 11. Wm. P. White, For 40 days service as Brig. Inspector of 2d Brig. 1st Div. G. M. 160 Nov. 7. 12. Benj. Henry, For 30 days service as Div. Inspector of 2d Brig. 10th Div. G. M. 120 Nov. 10. 16. J. G. Slappay, For 40 days service as Div. Inspector of 2d Brig. 6th Div. G. M. 160 Nov. 24. 35. F. M. Stone, For Military equipments purchased by him for the State, under a resolution approved 20th Dec. 1834. 1,799 05 Nov. 30. 42. W. E. Wilson, For 40 days service as Inspector of the 1st Brigade of the 7th Division, 160 Dec. 11. 63. F. M. Stone, For 210 Cartridge Boxes, purchased by him under resolution 20th Dec. 1834, and freight on the same. 630 74 Dec. 16. 73. Jos. Sutton, For 38 days services as Inspector of the 7th Div. G. M. 152 $3,225, 79 DRAWN CHARGEABLE TO CONTINGENT FUND, 1834. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1835. Nov. 7. 14. William N. Bishop, For an advance to him for the subsistence of the Guard organized in the Cherokee Circuit, per resolution of Dec. 1834. 1,200 Nov. 14. 23. F. V. Delaunay, For 75 Chords of Oak and Hickory Wood, for the use of the public offices, 150 Nov. 20. 30 Farish Carter, For 15 Chords of Lightwood for the use of the public offices, 45 Nov. 23. 34. Jos. Summerlin, For his fees and advertisement on sale of fraudulent lot in Monroe county, as Sheriff, 22 70 Nov. 24. 36. W. W. Carnes, For postage paid by him on official letters as Comptroller General in the political year 1835. 61 77 Dec. 1. 43. B. H. Robinson, For ballance of bill for Stationary, purchased for use of the Legislature and Ex. Department, 49 25 Dec. 11. 60. B. A. Greene, For the purpose of purchasing 4 U. S. Maps, and 4 Maps of Georgia, for the Legislative Chambers, 23 Dec. 11. 61. B. A. Greene, For the purpose of paying small accounts against the Executive Department, 100 Dec. 12. 64. Wm. N. Bishop, For the pay of the Guard organized in the Cherokee Circuit for two months ending 30th Nov. last, per pay roll, for estimated ballance to close the service of said Guard, and for the pay of the Capt. up to the 1st inst. 1,758 94 Dec. 21. 82. H. B. Hill, For the transportation of arms c. to Stewart co. for the protection of the citizens against the Creek Indians, c. 130 1836. Jan. 15. 115. F. M. Stone, For the purpose of paying the account of N. B. Knapp Co. for 660 Cartouch Boxes, c. and the account of G. W. Barnes, for repairing 46 Muskets, in the Arsenal at Savannah, per bills, 1,909 05 Feb. 14 191. Wm. N. Bishop, For closing the account for subsistence, c. of the Georgia Guard, in the Cherokee country, per vouchers field, 588 57 Feb. 24. 192. Wm. N. Bishop, For services rendered and expense incurred in closing the accounts of said Guard, 125 $6,158 28 Nov. 5. 503. C. D. Hammond, For the 4th quarter pay of the Guard kept at the State House, (in part,) 325 $6,483 28
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CONTINGENT FUND, 1833. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1835. Nov. 13. 21. Rhesa Bostick, For carrying the Laws and Journals of 1832, to the Northern Circuit, 95 Nov. 23. 33. Wm. K. Bagby, For his insolvent list as Tax Collector of Newton county for the year 1833, 6 82 Dec. 1. 41. Paul Furr, For his insolvent list as Tax Collector of Hall county for the year 1833. 82 04 Dec. 2. 43. Reuben English, For his insolvent list as Tax Collector, of Bryan county for the year 1833. 12 05 Dec. 12. 66. Zachariah Chandler, For his insolvent list as Tax Collector of Coweta county for the year 1833. 101 86 1836. Jan. 9. 111. Lorenzo S. Stewart, For his insolvent list as Tax Collector of Hancock county for the year 1833. 24 49 1835. Nov. 16. 24. Hugh Longino, For his insolvent list as Tax Collector of Henry county for the year 1833. 10 50 1836. Oct. 25. 455. Wm. J. W. Wellborn, For the purpose of paying the bill of F. M. Stone agent of the State, for his Commissions in purchasing and forwarding various military equipments for the State, freight and whartage on the same, and for paying small accounts, for work done upon the State Arsenal at Savannah, 800 40 Oct. 27. 458. Stephen S. Tardy, For the ballance of painting the Cupola, on the State House, and for other painting done in and about the State House, 189 12 Oct. 31. 461. J. I. C. of Crawford co. For hospital expenses incurred in case of the small pox, and to prevent the spread of it, in Crawford county: resolution 1834, 290 Oct. 31. 462. Reel Cordery, For transporting various military stores from Augusta to Milledgeville, for the State, 88 63 Oct. 31. 463. Thomas Haynes, For postage paid by him on official letters as Treasurer, between 25th Nov. 1833, to date, c. 58 45 Oct. 31. 464. L. Edmondson, For bringing the map and survey of the Rabun Gap made by Col. Brisbane, per res. 1835, from Clarksville to Milledgeville, 80 Oct. 31. 465. Wm. J. W. Wellborn, For the purpose of paying the hands working on the State House square per resolution 1835, and hire of horse for do c. 295 75 Nov. 2. 467. James Gladden, For cleaning and repairing 280 muskets in the Arsenal at Milledgeville, 148 75 Nov. 5. 502. Thomas Pullum, For his 4th quarter salary as Messenger to the Executive Department, 100 Nov. 5. 503. John H. Currie, For his 4th quarter salary as Military Store Keeper at Milledgeville, 100 Nov. 5. 504. Francis M. Stone, For his 4th quarter salary as Military Store Keeper at Savannah, 00 $1,942 42
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CONTINGENT FUND, 1836. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1835. Dec. 23. 99. Stovall, Simmons c. For freight, storage and commissions, c. on articles received and forwarded for the use of the State, per bill, 37 91 Dec. 24. 103. I. T. Cushing, For work done and materials furnished in repairing the State House roof from leaking, 120 87 Dec. 26. 104. Abnei Reeves, For commissions allowed him as Sheriff of Meriwether county, by resolution approved 18th Dec. 1835. 16 75 Dec. 28. 105. Randolph Revells, For expense of going to, and returning from Tallabassee to arrest George Hamlin, for whom a demand was made by the Executive of this State on the Executive authority of Florida. 20 1836. Jan. 4. 107. Solomon D. Betton, For postage on letters to, and from the Executive Department from the 1st Oct. 1835, to 31st December, inclusive, 435 32 Jan. 5. 108. H. B. Hill, For transportation of arms, c. to Lee and Baker counties, for defence of the citizens against the Creek Indians, 140 Jan. 7. 109. W. C. Powell, For one copy of Websters Dictionary, and for record books for the Treasurers office, 31 50 Jan. 8. 110. B. W. McDonald, For Executive reward for apprehending Nathan Sweat, and delivering him at the Penitentiary. 150 Jan. 18. 118. Wm. G. Lane, For for various articles of Stationary, c. furnished for the use of the Legislature and Executive Department, 109 78 Jan. 22. 121. Cowles Daggett, For articles of Stationary and merchandize furnished for the use of the public offices, 28 59 Jan. 23. 122. H. B. Hill, For transportation of public arms, c. to Early Randolph, Sumter, and Dooly counties, according to contract, 300 Jan. 27. 125. J. I. C. of Gilmer co. For procuring provisions and attendance, in preventing the spread of the Small Pox in Gilmer county, per res. 6th Dec. 1834. 250 Feb. 1. 171. Thomas Pullum, For his 1st quarter pay as Messenger to the Executive Department, 100 Feb. 1. 172. Charles D. Hammond, For the pay of the Guard kept at the State House during the first quarter, and for candles, c. 327 Feb. 1. 173. Governors Secretaries, For their fees on grants, c. passed during the first quarter, 411 86 Feb. 1. 174. John H. Currie, For his first quarter pay as Military Storekeeper, at Milledgeville, 100 Feb. 1. 175. F. M. Stone, For his first quarter pay as Military Storekeeper, at Savannah, 60 Feb. 1. 176. John Geno, For riding express to Forsyth, In Monroe co. 15 Feb. 2. 177. James A. Meriwether, For various articles of subsistence and Camp equipage for the use of the Volunteer company under his command, now on their march to Florida against the Seminole Indians, 668 06 Feb. 2. 178. Stephen Williams, For six days service as an express in conveying orders to commanding officers of Early and Randolph counties, 24 Feb. 5. 180. David Bell, For his insolvent list as Tax Collector of Chatham county, for the year 1834. 191 46 Feb. 12. 185. Henry Williams, For two Maps of the United States for the Legislative chambers, 80 Feb. 15. 187. Pleasant J. Mullins, For transportation of arms, c. to Columbus, for the defence of the frontier against the Creek Indians. 150 88 Feb. 18. 188. F. V. Delaunay, For Oak and Hickory and Lightwood furnished for the use of the public offices, 36 31 Feb. 18. 189. F. M. Stone, For his 3d 4th quarter salary as Military Store-keeper at Savannah for 18[UNK]5, the warrants Nos. 461 553, drawn upon the Military fund in his favor on the 3d of August and 31st Oct. 1835, having been disapproved, that fund having been exhausted, between the date of said warrants and this instant. 120 Feb. 22. 190. George Root, For 127 lbs. Beeswax, furnished for the use of the Secretary of States office, 31 75 Feb. 25. 193. Isaac McCrary, For subsistence of the guard of 20 men in Sumter county agreeably to a resolution approved 18th Dec. 1835. 240 March 5. 195. Samuel Tucker, For labor and materials in placing Tomb stones over the graves of Aaron Jones, McLin Lundy and Jonathan Lewis, late members of the General Assembly, 135 March 14. 197. F. M. Stone, For payment of the accounts of N. B. Knapp, Co. for 300 Cartridge Boxes, belts, c.: H. Cressman for 330 Cartridge Boxes, belts, c. and for bills of freight, per bills rendered, 1,894 95 March 14. 198. R. A. Greene, For the purpose of paying small accounts against the Executive Department, 100 March 16. 199. John Miller, For labor and materials furnished in fitting up furniture in the Comptroller General's office, c. and Rifle belts, c. 88 81 March 21. 201. Stand Wattie, For the apprehension of Duck, a Cherokee Indian for the murder of Hicks, per Executive Proclamation, 200 March 21. 202. James Wilkinson, For the apprehension of George Blackwood, a Cherokee Indian, for the murder of John Roper, per Executive Proclamation, 200 March 24. 205. Dempsey J. Justice, For ammunition purchased by him for the Militia of Sumter county, in defence of the citizens against the Creek Indians, 8 62 April 2. 211. Sol. D. Betton, For postage on letters, c. to and from the Executive Department, from 1st January to 1st April 1836. 647 20 April 16. 216. J. I. C. Baldwin co. For hospital expenses incurred in preventing the spread of the Small Pox, per res. of December 1834. 259 50 April 25. 223. B. A. Greene, For the purpose of paying the hands employed in improving State House square per resolution of 24th Dec. 1835. 500 April 28. 226. James B. Wootten, For his insolvent list as Tax Collector of Wilkes county for the year 1834. 18 79 April 30. 227. James Gladden, For repairing and cleaning public arms, c. in Arsenal at Milledgeville, per account, 189 75 May 2. 263. Thomas Pullum, For his 2d quarter pay as Messenger to the Executive Department, 100 May 2. 264. Charles D. Hammond, For the pay of the Guard kept at the State House during the 2d quarter and for candles, 352 75 May 2. 265. Governor's Secretaries, For their fees on Grants, c. passed during the 2d quarter, 1836 177 42 May 2. 266. John H. Currie, For his 2d quarter salary as military store-keeper at Milledgeville, 100 May 2. 267. F. M. Stone, For his 2d quarter salary as military store-keeper at Savannah, 60 May 2. 268. Adam Jones, For carrying the Laws and Journals, c. of 1835, to 8 counties per contract, No. 3, 80 May 6. 270. E. W. Butler, For carrying the Laws and Journals, c. of 1835, to 9 counties per contract No. 8, 79 May 6. 271. Thomas Pullum, For counting and tying up the laws and Journals of 1835, for distribution, and hire of assistance, and twine, 85 May 7. 272. R. A. Greene, For articles of Stationary, procured for the use of the public offices, 193 29 May 11. 275. C. McCarty, For carrying the Laws and Journals of 1835, to 11 counties, per contract, No. 9. 165 May 12. 280. J. I. C. of Gilmer co. For expenses incurred in preventing the spread of the Small Pox in Gilmer county, per res. 6th Dec. 1834. 749 40 May 12. 281. Thos. J. Shinholster, For carrying the Laws and Journals of 1835, to 10 counties per contract, No. 2, 143 May 18. 282. Garner Edwards, For carrying the Laws and Journals of 1835, to 16 counties, per contract No. 5 1. 287 May 20. 283. C. Gore, For carrying the Laws and Journals of 1835, to 9 counties, per contract, No. 6, 92 May 21. 284. C. McCarty, For carrying the Laws and Journals of 1835, to 9 counties, per contract, No. 10. 150 May 21. 285. R. A. Greene, For the purpose of settling the bill of Stovall, Simmons, Co. for commissions and freight, advance by them on military stores, received and forwarded by them to the Executive Department, 60 84 May 25. 287. W. G. J. T. Lane, For various articles of Stationary furnished for the use of the public offices, 195 80 May 27. 289. A. Stevens, For carrying the Laws and Journals of 1835, to 10 counties, per contract No. 7, 100 May 27. 290. William Seals, For carrying the Laws, and Journals of 1835, to 8 counties, per contract, No. 4, 97 June 3. 291. H. B. Hill, For work done in the arsenal as per account rendered, per contract, $8 25 June 3. 292. John Brewster, For postage paid by him on official letters, as Surveyor General, 12 June 7. 293. Hancock, Crawford, Bradley Dean, [UNK] For service rendered by them as guard, to prevent the spread of the Small Pox in Heard county, per res. passed 6th Dec. 1834. 184 June 10. 294. Dickerson Lumpkin, For service rendered by him as guard to prevent the spread of the Small Pox in Heard county, per res. passed 6th Dec. 1834, 46 June 25. 299. John H. Currie, For articles furnished the arsenal, c. at Milledgeville, 11 50 July 2. 302. Solomon D. Betton, For postage on letters, c. to and the Executive Department from the 1st of April to date, 519 31 July 7. 306. John Brewster, For postage on official letters paid by him as Surveyor General, 10 21 July 7. 307. John G. Park, For postage on official letters paid by him as Comptraller General, 6 25 July 9. 300. James Gladdin, For repairing and cleaning 187 rifles and 423 muskets, In the Arsenal at Milledgeville, 280 July 14. 312. C. P. Lee L. Daniel, For their service as a guard to prevent the spread of the Small Pox in Heard county, and for provisions furnished, 62 66 July 16. 314. B. H. Robinson, For the purpose of paying small incidental expenses of the Governor while at Columbus, 20 63 July 21. 330. William Campbell, For arresting A. S. Bostick, charged with the murder of a slave, per Executive Proclamation, 3d March 1836. 150 July 23. 332. J. S. Smith, Co. For clothing furnished Capt. Garmany's company after the battle of the 9th June, with the Indians, 166 25 August 1. 380. Thomas Pullum, For his 3d quarter salary as Messenger to the Executive Department, 100 August 1. 381. Charles D. Hammond, For the pay of the guard kept at the State House during the 3d quarter, and for candles. 336 50 August 1. 382. Governor's Secretaries, For their fees on Grants c. during the 3d quarter, 118 10 August 1. 383. John II. Currie, For his 3d quarter salary as Military Store-keeper at Milledgeville, 100 August 1. 384. F. M. Stone, For his 3d quarter salary as Military Store-keeper at Savannah, 60 August 2. 387. Cowles Daggett, For articles of merchandize furnished for the use of the State, 16 25 August 8. 300. Wm. J. W. Wellborn, For the purpose of paying the hands working on the State House square, 100 August 13. 403. William Schley, For amount advanced by him out of his private funds to A. H. Brisbane, the Engineer employed, under the res. of 25th Nov. 1835, 200 August 20. 407. Stephen Tardy, For extra painting done on the State House, c. 34 Sept. 8. 425. Lane. Lumpkin and Hammond, [UNK] For Stationary furnished by them for the use of the State, 435 94 Sept. 9. 427. James Gladdin, For repairing and cleaning 362 muskets in the Arsenal at Milledgeville, 181 Sept. 13. 430. Thomas Pullum, For transcribing 15 pages from the Lee Land Book, the same being unintelligible from wear and [Illegible Text], 15 Sept. 17. 435. J. I. C. of Troup co. For services of guard and attendance in preventing the spread of the Small Pox, in Troup county, per certificate of the court, 475 65 Oct. 4. 448. Solomon D. Betton, For postage on letters, papers, c. to and from the Executive Department, from 1st July to 1st October 1336, inclusive, 282 74 Oct. 5. 411. Stephen S. Tardy, For part in sanding and painting c. the Cupola on the State House, 100 Oct. 5. 445. Alexander Morrison, For binding and repairing various record books c. in the different State House offices, 52 50 Oct. 5. 446. Penitantiary, For articles furnished from the Penitentiary for the use of the public offices, 163 75 Oct. 11. 451. Wm. J. M. Wellborn, For the purpose of paying the bills of A. B. Knapp, Co. and H. Cresman for furnishing the State with Military equipments according to contract, and for paying the bills of F. M. Stone, for freight c. on the same, 4,082 19 Oct. 12. 452. Wm. G. Lane, For various articles of Stationary furnished the public offices, 57 87 Oct. 19. 453. Robert Micklejohn, For his 1st and 2d quarter salary as Inspector to the Penitentiary, ending on the first of July 1836. Oct. 21. 454. Wm. B. Moore, For 15 chords of Light wood for the use of State, at 8 50 per chord, 52 50 Nov. 2. 466. John Brewster, For postage on official letters to him; for servant hire in removing the office of Surveyor General, c. 17 22 Aggregate, $20,100 70
Page 56
DRAWN CHARGEABLE ROAD AND RIVER FUND, 1834. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1835. Nov. 11. 17. A. S. Clayton, For articles of merchandize furnished the Superintendant of the public hands from the Georgia Factory, 13 43
Page 57
APPROPRIATION FOR THE PROTECTION OF THE CHEROKEE INDIANS , c. 1833. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1835. Nov. 18. 27. J. L. Parker, For expenses incurred by him as Sergeant of the guard, for the protection of the Gold Mines, 45 09 SPECIAL APPROPRIATION, 1835. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1835. Nov. 12. 18. C. H. Nelson, For 33 days service as certifying agent, in the Cherokee Circuit, under the act of 20th December 1834. 99 Dec. 12. 63. Wm. N. Bishop, For 20 days service as certifying agent, in the Cherokee Circuit under the act of 20th December 1834. 60 1836. Feb. 26. 194. C. H. Nelson, For 16 days service as certifying agent, in the Cherokee Circuit under the act of 20th December 1834. 45 82 07 SPECIAL APPROPRIATION, 1836. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1835. Dec. 22. 88. W. W. Gordon, For the amount allowed him by the appropriation act of Dec. 1835, 900 Dec. 22. 89. Francis H. Cone, For the amount allowed him by the appropriation act of Dec. 1835, 900 Dec. 22. 90. J. J. Humphries, For the amount allowed him by the appropriation act of Dec. 1835, 81 25 Dec. 22. 91. P. Pettit, For the amount allowed him by the appropriation act of Dec. 1835, 71 41 Dec. 22. 92. E. E. Park, For the amount allowed him by the appropriation act of Dec. 1835, 160 Dec. 22. 93. Jas. A. Wright, For the amount allowed him by the appropriation act of Dec. 1835, 10 Dec. 22. 96. W. B. Gillelan, For the amount allowed him by the appropriation act of Dec. 1835, 30 Dec. 23. 97. B. N. Wheeler, For the amount allowed him by the appropriation act of Dec. 1835, 61 Dec. 23. 98. J. I. C. of Walker co. For the amount allowed him by the appropriation act of Dec. 1835, 16 25 Dec. 23. 100. John Bethune, For the amount allowed him by act of 21st Dec. 1835, for Clerk hire, 24 Dec. 23. 100. E. Sinclair, For amount allowed him by appropriation act 21st Dec. 1835, 750 1836. Jan. 11. 113. Tr. Lumpkin co. ac. For amount allowed them by act of 23d Dec. 1835, 815 Jan. 13. 117. Tr. Walker co. For amount allowed them by act of 23d Dec. 1835, 815 Jan. 19. 119. Tr. Cass co. ac. For amount allowed them by act of 3d Dec. 1835, 815 Feb. 1. 167. Wm. A. Tennille, For amount appropriated to him for Clerk hire, as Secretary of State, 1st quarter, 125 Feb. 1. 168. John Brewster, For amount appropriated to him for Clerk hire, as Surveyor General, 1st quarter, 125 Feb. 1. 169. Peter Fair, For amount appropriated to him, 1st quarter pay for taking care of State House Clock, c. 31 25 Feb. 1. 170. Henry Darnell, For amount appropriated to him for 1st quarter pay for taking care of the Legislative chambers, 25 Feb. 11. 183. Tr. Forsyth co. ac. For amount appropriated to them by act 23d Dec. 1835, 815 March 10. 196. Tr. Cobb co. ac. For amount appropriated to them by act 23d Dec. 1835, 815 March 21. 203. Wm. M. McAfee, For amount due him as Jailer of Cherokee county as per certificate of the Judge, per act 22d Dec. 1835, 231 74 March 24. 203. Edward Y. Hill, For amount appropriated to him by act of the 21st Dec. 1835, 75 April 2. 212. E. Sinclair, For amount appropriated to him by act of the 21st Dec. 1835, for the education of the deaf and dumb, 4,450 April 9. 213. G. W. Underwood, For cost as Jailor of Cass county, in criminal prosecutions against Cherokee Indians per account 22d Dec. 1835, 76 58 April 15. 214. John Brewster, For medical service to Cherokeeprisoners in Cherokee county Jail, per act 22d Dec. 1835, 30 25 April 15. 215. G. W. Underwood, For cost as Jailor of Cass county in criminal prosecutions against Cherokee Indians, per act 22d Dec. 1835, 74 4[UNK] April 21. 219. Lewis Tumlin, For cost as Sheriff of Cass county, in criminal prosecutions against Cherokee Indians per act 22d Dec. 1835, 812 40 April 21. 220. Chester Hawks, For cost as Clerk Superior Court in criminal prosecutions against Cherokee Indians per act 22d Dec. 1835, 286 50 April 22. 221. Tr. Floyd co. ac. For amount appropriated to them by act 23d Dec. 1835, 815 April 26. 224. Wm. Gresham, For cost due him as Clerk Superior court of Cherokee county in cases of criminal prosecutions against the Cherokee Indians, by act of the 22d Dec. 1835, 212 31 May 2. 259. Wm. A. Tennille, For his 2d quarter pay as Secretary of State, for Clerk hire, 125 May 2. 260. John Brewster, For his 2d quarter pay for Clerk hire, as Surveyor General, 125 May 2. 261. Peter Fair, For his 2d quarter pay for taking care of the State House Clock, c. 31 25 May 2. 262. Henry Darnell, For his 2d quarter pay for taking care of the Legislative Chambers, 25 May 12. 279. Tr. Gilmer co. ac. For amount appropriated to them by act of the 23d Dec. 1835, 815 May 27. 288. Com'rs, Ocmulgee River,[UNK] For amount appropriated for the improvement of the Ocmulgee River by act 24th Dec. 1835, 10,000 June 16. 295. Wm. Grant, For cost due him as Constable of Cass county in cases of criminal prosecutions against Cherokee Indians by an act passed 22d Dec. 1835, as certified by the Judge of the Superior Courts, $77 60 June 22. 298. Marbell J. Camden, For cost due him as Deputy Sheriff of Cherokee county, for criminal prosecutions against Cherokee Indians, by an act passed 22d Dec. 1835, as certified by the Judge of the Superior Courts, 143 65 June 28. 300. Inspt. Penitentiary, For half the amount appropriated by act 21st December, 1835, to raise and repair the outer wall of the Penitentiary, 2,500 July 1. 301. Wm. McGaughy, For cost due him as Sheriff of Murray county, in cases of criminal prosecutions against Cherokee Indians, under act of 22d Dec. 1835, as audited by the Judge of the Cherokee Circuit, 217 42 July 2. 304. E. G. Rogers, For accounts transferred to him from Walker county, in cases of criminal prosecutions against Cherokee Indians, under act of 22d Dec. 1835, as audited by the Judge of the Cherokee Circuit, 57 July 16. 315. Tr. Cherokee co. ac. For amount appropriated to them by act of the 23d Dec. 1835, 815 July 23. 334. Wm. J. W. Wellborn, For the purpose of paying the bills of N. P. Ames and Robert Dingee, for furnishing the State with Cavalry equipments, under act of the 21st Dec. 1835, 4,413 96 July 25. 336. Wm. Ezzard, For fees due him as late Solicitor General of the Cherokee Circuit in cases of criminal prosecutions against the Cherokee Indians by act of the 22d Dec. 1835, as audited by the Judge of said Circuit, 103 26 August 1. 376. Wm. A. Tennille, For his 3d quarter pay for Clerk hire as Secretary of State. 125 August 1. 377. John Brewster, For his 3d quarter pay for Clerk hire as Survey or General, 125 August 1. 378. Peter Fair, For his 3d quarter pay for taking care of the State House Clock, c. 31 25 August 1. 379. Henry Darnell, For his 3d quarter pay for taking care of the Legislative chambers, 25 October 1. 440. E. Boudinot, For amount due him as interpreter to the Courts in cases of criminal prosecutions against Cherokee Indians, per act of last session, 50 October 25. 456. Inspt. Penitentiary, For part of the sum appropriated at the last session to raise the outer wall of the Penitentiary, c. 1,500 October 31. 460. Henry L. Sims, For cost due him, as Sol. Gen'l. of the Cherokee Circuit in cases of criminal prosecutions against Cherokee Indians, in the counties of Walker, Forsyth, Gilmer, Floyd, Cass, and Cherokee, agreeably to the act of 22d December, 1835, 290 Nov. 5. 498. Wm. A. Tennille, For his 4th qr. pay for Clerk hire, as Secretary of State, 125 Nov. 5. 499. John Brewster, For his 4th qr. pay for Clerk hire, as Surveyor General, 125 Nov. 5. 500. Peter Fair, For his 4th qr. pay for taking care of the State House Clock and sweeping the gutters on the State House roof, 31 25 Nov. 5. 501. Henry Darnell, For his 4th qr. pay for taking care of the Legislative Chambers, 25 $36,602 01
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APPROPRIATION TO ENLARGE THE STATE HOUSE, 1835. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1836. May 23. 286. Smith, Tucker Marler,[UNK] For a further advance to them as contractors for building an addition to the State House, c. 3,000 July 20. 327. Smith, Tucker Marler,[UNK] For a further advance to them as contractors for building an addition to the State House, c. 2,000 July 28. 338. Smith, Tucker Marler,[UNK] For the balance of advance to them as contractors for building an addition to the State House, c. 3,500 $8,500 FUND FOR THE REDEMPTION OF THE PUBLIC DEBT. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1836. March 29. 208. R. A. Greene, For audited certificate No. 59, at 1-8th of its nominal value, 39 96 CIVIL ESTABLISHMENT, 1836. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. 1836. Feb. 1. 128. William Schley, For his 1st qr. salary as Governor of the State, 750 Feb. 1. 129. Wm. J. W. Wellborn, For his 1st qr. salary as Sec'y. Ex. Department, 250 Feb. 1. 130. R. A. Greene, For his 1st qr. salary as Sec'y. Ex. Department, 250 Feb. 1. 131. J. W. Lumpkin, For his 1st qr. salary as Sec'y. Ex. Department, 250 Feb. 1. 132. Wm. A. Tennille, For his 1st qr. salary as Secretary of State, 500 Feb. 1. 133. T. Haynes, For his 1st qr. salary as Treasurer, 500 Feb. 1. 134. John Bethune, For that part of his 1st qr. salary as late Sur. Gen'l. 126 Feb. 1. 135. John Brewster, For that part of his 1st qr. salary as late Sur. Gen'l. 374 Feb. 1. 136. Wm. W. Carnes, For that part of his 1st qr. salary as late Comptroller Gen'l. 109 59 Feb. 1. 137. John G. Park, For that part of his 1st qr. salary as late Comptroller Gen'l. 300 41 Feb. 1. 138. A. A. Morgan, For 1st qr. salary as Sec'y. of the Senate, 150 Feb. 1. 139. Joseph Sturgis, For 1st qr. salary as Clerk House Representatives, 150 Feb. 1. 140. Garnett Andrews, For 1st qr. salary as Judge of the Superior Courts, 525 Feb. 1. 141. Thomas W. Harris, For 1st qr. salary as Judge of the Superior Courts, 525 Feb. 1. 142. A. Iverson, For 1st qr. salary as Judge of the Superior Courts, 525 Feb. 1. 143. James Polhill, For 1st qr. salary as Judge of the Superior Courts, 525 Feb. 1. 144. John Schley, For 1st qr. salary as Judge of the Superior Courts, 525 Feb. 1. 145. John C. Nicoll, For that part of his 1st qr. salary as Judge of the Superior Courts, 350 Feb. 1. 146. Robt. M. Charlton, For that part of his 1st qr. salary as Judge of the Superior Courts, 175 Feb. 1. 147. A. M. D. King, For 1st qr. salary as Judge of the Superior Courts, 525 Feb. 1. 148. J. W. Hooper, For that part of his 1st qr. salary as Judge of the Superior Courts, 175 Feb. 1. 149. Owen H. Kenan, For that part of his 1st qr. salary as Judge of the Superior Courts, 350 Feb. 1. 150. John G. Polhill, For 1st qr. salary as Judge of the Superior Courts, 525 Feb. 1. 151. Hiram Warner, For 1st qr. salary as Judge of the Superior Courts, 525 Feb. 1. 152. Ebenezer Starnes, For Attorney General, 56 25 Feb. 1. 153. Hamlin Freeman, For that part of his 1st qr. salary as Solicitor General, 52 50 Feb. 1. 154. R. O. Davidson, For that part of his 1st qr. salary as Solicitor General, 3 75 Feb. 1. 155. A. G. Semmes, For 1st qr. salary as Solicitor General, 56 25 Feb. 1. 156. J. H. Starke, For 1st qr. salary as Solicitor General, 56 25 Feb. 1. 157. Junius Hillyer, For 1st qr. salary as Solicitor General, 56 25 Feb. 1. 158. Wm. H. Stiles, For that part of his 1st qr. salary as Solicitor General, 38 25 Feb. 1. 159. John E. Ward, For that part of his 1st qr. salary as Solicitor General, 18 Feb. 1. 160. R. A. Evans, For that part of his 1st qr. salary as Solicitor General, 24 Feb. 1. 161. Wm. W. Wiggins, For that part of his 1st qr. salary as Solicitor General, 32 25 Feb. 1. 162. Wm. Ezzard, For that part of his 1st qr. salary as Solicitor General, 28 25 Feb. 1. 163. Henry L. Sims, For that part of his 1st qr. salary as Solicitor General, 28 Feb. 1. 164. J. P. H. Campbell, For that part of his 1st qr. salary as Solicitor General, 30 Feb. 1. 165. Jas. U. Horne, For that part of his 1st qr. salary as Solicitor General, 26 25 Feb. 1. 166. Young J. Long, For 1st qr. salary as Solicitor General, 56 25 May 2. 228. Wm. Schley, For his 2d qr. salary as Governor, c. 750 May 2. 229. Wm. J. W. Wellborn, For his 2d qr. salary as Sec'y. Ex. Department, 250 May 2. 230. R. A. Greene, For his 2d qr. salary as Sec'y. Ex. Department, 250 May 2. 231. J. W. Lumpkin, For his 2d qr. salary as Sec'y. Ex. Department, 250 May 2. 232. Wm. A. Tennille, For his 2d qr. salary as Secretary of State, 500 May 2. 233. T. Haynes, For his 2d qr. salary as Treasurer, 500 May 2. 234. John Brewster, For his 2d qr. salary as Surveyor General, 500 May 2. 235. John G. Park, For his 2d qr. salary as Comptroller General, 500 May 2. 236. A. A. Morgan, For his 2d qr. salary as Secretary of the Senate, 150 May 2. 237. Joseph Sturgis, For his 2d qr. salary as Clerk House of Representatives, 150 May 2. 238. Garnett Andrews, For his 2d qr. salary as Judge of the Superior Courts, 525 May 2. 239. Thomas W. Harris, For his 2d qr. salary as Judge of the Superior Courts, 525 May 2. 240. Alfred Iverson, For his 2d qr. salary as Judge of the Superior Courts, 525 May 2. 241. James Polhill, For that part of his 2d qr. salary as Judge of the Superior Courts, 414 16 May 2. 242. C. B. Cole, For that part of his 2d qr. salary as Judge of the Superior Courts, 110 84 May 2. 243. John Schley, For Judge of the Superior Courts, 525 May 2. 244. Robert M. Charlton, For his 2d qr. salary as Judge of the Superior Courts, 525 May 2. 245. A. M. D. King, For his 2d qr. salary as Judge of the Superior Courts, 525 May 2. 246. O. H. Kenan, For his 2d qr. salary as Judge of the Sup. Courts, 525 May 2. 247. John G. Polhill, For his 2d qr. salary as Judge of the Sup. Courts, 525 May 2. 248. Hiram Warner, For his 2d qr. salary as Judge of the Sup. Courts, 525 May 2. 249. Ebenezer Starnes, For his 2d qr. salary as Attorney General, 56 25 May 2. 250. R. O. Davidson, For his 2d qr. salary as Solicitor General, 56 25 May 2. 251. A. G. Semmes, For his 2d qr. salary as Solicitor General, 56 25 May 2. 252. J. H. Starke, For his 2d qr. salary as Solicitor General, 56 25 May 2. 253. Junlus Hillyer, For his 2d qr. salary as Solicitor General, 56 25 May 2. 254. John E. Ward, For his 2d qr. salary as Solicitor General, 56 25 May 2. 255. Wm. W. Wiggins, For his 2d qr. salary as Solicitor General, 56 25 May 2. 256. Henry L. Sims, For his 2d qr. salary as Solicitor General, 56 25 May 2. 257. Jas. U. Horne, For his 2d qr. salary as Solicitor General, 56 25 May 2. 258. Young J. Long, For his 2d qr. salary as Solicitor General, 56 25 Aug. 1. 344. William Schley, For his 3d qr. salary as Governor, c. 750 Aug. 1. 345. Wm. J. W. Wellborn, For his 3d qr. salary as Sec'y. Ex. Department, 250 Aug. 1. 346. R. A. Greene, For that part of his salary as Sec'y. Ex. Department, 75 Aug. 1. 347. H. B. Gaither, For that part of his salary as Sec'y. Ex. Department, 175 Aug. 1. 348. J. W. Lumpkin, For that part of his salary as Sec'y. Ex. Department, 25 Aug. 1. 349. B. H. Robinson, For that part of his salary as Sec'y. Ex. Department, 225 Aug. 1. 350. Wm. A. Tennille, For his 3d qr. salary as Secretary of State, 500 Aug. 1. 351. Thomas Haynes, For his 3d qr. salary as Treasurer, 500 Aug. 1. 352. John Brewster, For his 3d qr. salary as Surveyor General, 500 Aug. 1. 353. John G. Park, For his 3d qr. salary as Comptroller General, 500 Aug. 1. 354. A. A. Morgan, For his 3d qr. salary as Secretary of the Senate, 150 Aug. 1. 355. Joseph Sturgis, For his 3d qr. salary as Clerk House of Rep. 150 Aug. 1. 356. Garnett Andrews, For his 3d qr. salary as Judge of the Sup. Courts, 525 Aug. 1. 357. Thomas W. Harris, For his 3d qr. salary as Judge of the Sup. Courts, 525 Aug. 1. 358. Alfred Iverson, For his 3d qr. salary as Judge of the Sup. Courts, 525 Aug. 1. 359. C. B. Cole, For his 3d qr. salary as Judge of the Sup. Courts, 525 Aug. 1. 360. John Schley, For his 3d qr. salary as Judge of the Sup. Courts, 525 Aug. 1. 361. Robert M. Charlton, For his 3d qr. salary as Judge of the Sup. Courts, 525 Aug. 1. 362. A. M. D. King, For his 3d qr. salary as Judge of the Sup. Courts, 525 Aug. 1. 363. O. H. Kenan, For his 3d qr. salary as Judge of the Sup. Courts, 525 Aug. 1. 364. John G. Polhill, For his 3d qr. salary as Judge of the Sup. Courts, 525 Aug. 1. 365. Hiram Warner, For his 3d qr. salary as Judge of the Sup. Courts, 525 Aug. 1. 366. Ebenezer Starnes, For his 3d qr. salary as Attorney General, 56 25 Aug. 1. 367. R. O. Davidson, For his 3d qr. salary as Solicitor General, 56 25 Aug. 1. 368. A. G. Semmes, For his 3d qr. salary as Solicitor General, 56 25 Aug. 1. 369. J. H. Starke, For his 3d qr. salary as Solicitor General, 56 25 Aug. 1. 370. Junius Hillyer, For his 3d qr. salary as Solicitor General, 56 25 Aug. 1. 371. John E. Ward, For his 3d qr. salary as Solicitor General, 56 25 Aug. 1. 372. Wm. W. Wiggins, For his 3d qr. salary as Solicitor General, 56 25 Aug. 1. 373. Henry L. Sims, For his 3d qr. salary as Solicitor General, 56 25 Aug. 1. 374. James U. Horne, For his 3d qr. salary as Solicitor General, 56 25 Aug. 1. 375. Young J. Long, For his 3d qr. salary as Solicitor General, 56 25 Nov. 5. 468. William Schley, For his 4th qr. salary as Governor, 750 Nov. 5. 469. Wm. J. W. Wellborn, For his 4th qr. salary as Sec'y Ex. Department, 250 Nov. 5. 470. B. H. Robinson, For his 4th qr. salary as Sec'y Ex. Department, 250 Nov. 5. 471. H. B. Gaither, For his 4th qr. salary as Sec'y Ex. Department, 250 Nov. 5. 472. Wm. A. Tennille, For his 4th qr. salary as Secretary of State, 500 Nov. 5. 473. Thomas Haynes, For his 4th qr. salary as Treasurer, 500 Nov. 5. 474. John Brewster, For his 4th qr. salary as Surveyor General, 500 Nov. 5. 475. John G. Park, For his 4th qr. salary as Comptroller General, 500 Nov. 5. 476. A. A. Morgan, For his 4th qr. salary as Sec'y. of the Senate, 150 Nov. 5. 477. Joseph Sturgis, For his 4th qr. salary as Clerk House Rep. 150 Nov. 5. 478. Robert M. Charlton, For his 4th qr. salary as Judge of the Sup. Courts, 525 Nov. 5. 479. John Schley, For his 4th qr. salary as Judge of the Sup. Courts, 525 Nov. 5. 480. Garnett Andrews, For his 4th qr. salary as Judge of the Sup. Courts, 525 Nov. 5. 481. Thomas W. Harris, For his 4th qr. salary as Judge of the Sup. Courts, 525 Nov. 5. 482. John G. Polhill, For his 4th qr. salary as Judge of the Sup. Courts, 525 Nov. 5. 483. A. M. D. King, For his 4th qr. salary as Judge of the Sup. Courts, 525 Nov. 5. 484. C. B. Cole, For his 4th qr. salary as Judge of the Sup. Courts, 525 Nov. 5. 485. Hiram Warner, For his 4th qr. salary as Judge of the Sup. Courts, 525 Nov. 5. 486. Alfred Iverson, For his 4th qr. salary as Judge of the Sup. Courts, 525 Nov. 5. 487. O. H. Kenan, For his 4th qr. salary as Judge of the Sup. Courts, 525 Nov. 5. 488. Ebenezer Starnes, For his 4th qr. salary as Attorney General, 56 25 Nov. 5. 489. R. O. Davidson, For his 4th qr. salary as Solicitor General, 56 25 Nov. 5. 490. James H. Starke, For his 4th qr. salary as Solicitor General, 56 25 Nov. 5. 491. Junius Hillyer, For his 4th qr. salary as Solicitor General, 56 25 Nov. 5. 492. James U. Horne, For his 4th qr. salary as Solicitor General, 56 25 Nov. 5. 493. Wm. W. Wiggins, For his 4th qr. salary as Solicitor General, 56 25 Nov. 5. 494. A. G. Semmes, For his 4th qr. salary as Solicitor General, 56 25 Nov. 5. 495. Henry L. Sims, For his 4th qr. salary as Solicitor General, 56 25 Nov. 5. 496. Young J. Long, For his 4th qr. salary as Solicitor General, 56 25 Nov. 5. 497. John E. Ward, For his 4th qr. salary as Solicitor General, 56 25 $33,450 00 EXECUTIVE DEPARTMENT G. A.[UNK] Milledgeville, 7th Nov. 1836. Certified by WM. J. W. WELLBRON, Secretary Ex. Department.
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RECAPITULATION. Drawn chargeable to Appropriation for county academies, 18,308 60 Drawn chargeable to Poor School Fund, 15,892 01 Drawn chargeable to Printing Fund, 1835, 5,251 50 Drawn chargeable to Printing Fund, 1833, 4,500 Drawn chargeable to Printing Fund, 1836, 11,564 95 Drawn chargeable to Military Fund, 18345, 3,225 70 Drawn chargeable to Contingent Fund, 1833, 1,942 42 Drawn chargeable to Contingent Fund, 1834, 6,483 28 Drawn chargeable to Contingent Fund, 1836, 20,100 70 Drawn chargeable to Road River Fund, 1834, 18 48 Drawn chargeable to Appropriation for the protection of the Indians, 1833, 45 09 Drawn chargeable to Special appropriation, 1835, 207 Drawn chargeable to Special appropriation, 1836, 36,602 01 Drawn chargeable to Appropriation to enlarge the State House, 1835, 8,500 Drawn chargeable to Fund for the redemption of the Public Debt, 39 96 Drawn chargeable to Civil Establishment, 1836, 38,450 Treasury Department, [UNK] Milledgeville , 10 th Nov . 1836. I have the honor to lay before the General Assembly, a report of the receipts and expenditures at the Treasury of said State, from the first day of November, 1835, to the 31st day of October, 1836, both days inclusive. Respectfully submitted by T. HAYNES, Treasurer.
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A statement of receipts and payments at the Treasury of the State of Georgia, from the first day of Nov. 1835, to the 31 st day of October , 1836, both days inclusive . DR. For amount received from the first day of Nov. 1835, to the 31st day of Oct. 1836, both days inclusive, and placed to the credit of the following accounts. General Tax, of 1834, 38,927 65 General Tax, of 1833, 652 93 General Tax, of 1832, 259 13 General Tax, of 1831, 1832, 1833, 1834, 49 81 Vendue Tax, 1,785 27 Sale of fraudulent Lots, 1,587 95 Dividend on Bank Stock, 59,336 92 Tax on Bank Stock, 4,858 73 State Stock, 139,082 28 Sale of Fractions in Early, 77 27 Sale of Macon Lots and Reserves, 385 20 Funds raised by Grant Fees in the Gold Lottery, 10,997 Funds raised by Grant Fees in the Cherokee Land Lottery, 11,415 Funds raised by Grant Fees in the Lottery of 1827, 10,073 Funds raised by Grant Fees in the Lottery of 1821, 1,400 Funds raised by Grant Fees in the Lottery of 1820, 2,700 Funds raised by Grant Fees in the Head Rights, 1,346 50 Funds raised by Grant Fees in the Gold Fractions, 269 Funds raised by Grant Fees in the Cherokee Land Fractions, 106 Funds raised by Grant Fees in the Fractions of 1827, 303 Funds raised by Grant Fees in the Fractions of 1822, 290 Funds raised by Grant Fees in the Columbus Lots, 162 Funds raised by Grant Fees in the Macon Lots and Reserves, 108 Funds raised by Grant Fees in the Fraudulent Lots, 60 Funds raised by Grant Fees in the Lots 10 100, 38 Funds raised by Grant Fees in the Indian Spring Reserves, 9 Funds raised by Grant Fees in the Lots undrawn and sold in Appling now Ware, 225 Funds raised by Grant Fees in the Reverted lots in B. W. W. 35 Fees on Testimonials, 110 Fees on Copy Grants, 212 25 Balance remaining in the Treasury on the 31st Oct. 1835, 23,108 38 $310,170 27 CR. By amount of Governor's Warrants, and President's and Speaker's Warrants, paid from the 1st day of November, 1835, to the 31st day of October, 1836, both days inclusive. Civil Establishment of 1835, 10,215 56 Civil Establishment of 1835, 28,033 74 Contingent Fund, of 1836, 19,923 58 Contingent Fund, of 1834, 6,832 48 Contingent Fund, of 1833, 1,538 67 Special Appropriation, of 1835, 631 25 Special Appropriation, of 1836, 36,295 76 Printing Fund, of 1835, 5,251 50 Printing Fund, of 1836, 11,564 95 Printing Fund, of 1838, 4,500 Military Fund, of 18345, 3,325 79 Road River Fund of 1834, 13 48 Appropriation for protection of Indians, 45 09 Appropriation for county Academies, 18,308 00 Poor School Fund, 15,892 01 Appropriation to enlarge the State House, 3,500 Fund for redemption of the Public Debt, 39 96 Speaker's warrant for the session 1834, 42,866 President and Speaker's warrants for the session of 1835, 70,396 37 $248,174 79 To meet which, there is in the Treasury of the State, Bank Stock, $10,000 Paper Medium, 2,787 73 Bills on the Bank of Macon, 1,122 Counterfeit money, 31 Cash Funds, 12,054 75 25,995 48 $310,170 27 Respectfully submitted, THOMAS HAYNES, Treasurer.
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CONDITION OF ACADEMIES. Counties. Academies. Br. of Education. No. of students, Receipts. Expenditures. On hand. Male Female. Total. Appling, No report, Baker, No report, Baldwin County, 35 $101 70 $101 70 Paid out for a new building. Bibb, County, 55 79 134 250 $256 06 Bibb, Lake, English, 20 20 The receipts have not been sufficient to deiray the Bibb, Lake, expenses, Bibb, Vineville, 96 Bryan No report. Bulloch No report. Burke Wayneville, Various, 28 17 45 210 78 210 78 Burke Pleasant Grove, English, 61 190 190 Butts Jacksonyille, Various, 88 100 126 32 Butts Cool Spring, Not in operation this year. Camden County, Various, 92 85 177 Disbursed for 1835, 338 30, for 1836, 338 30. Campbell Campbellton, Lower, 10 13 23 165 Carroll Carrollton, English, 12 18 30 148 188 50 No further remarks. Carroll Villa Rica, English, 30 The report contains no further information. Cass No report. Chatham County, For the year 1835, recv'd. 2,226 56, and expended the same year 1,632 43, which leaves the balance on hand 594 13. For the year 1836, recv'd. 2,068 73, and expended the same year, 1,309 38, which leaves the balance on hand, 759 35. Sav'nh Free S. English, 45 25 70 649 630 23 Cherokee No report. Clark Watkinsville, Various, 52 46 98 250 10 3-4 389 55 130 55 3-4 Cobb No report. Columbia County, 851 03 3-4 851 03 3-4 Coweta Newnan, 50 Nothing recv'd from the academical funds this year. Crawford Mt. Carmel, Various, 18 13 31 171 15 No further remarks. Decatur, Bainbridge, 647 Report incompetent for want of Teachers act. DeKalb County, Various, 40 103 143 862 845 17 Dooly No report. Early Blakely, English, 20 14 34 41 35 There are several hundred dollars of the academical funds at interest. Effingham County, 35 5 40 18,450 70 Elbert Elberton, Various, 45 6 51 202 202 No other academy in operation at this time. Emanuel No report. Fayette, No report. Floyd, No report. Forsyth, No report. Franklin Carnesville, English, 36 2,211 54 The Trustees have engaged a teacher for which they pay 500 dol. The Trustees think that the school will nearly amount to the sum of 500 dollars. Gilmer No report. Glynn No report. Greene Greenesboro, Various, 46 1,601 83 319 62 1,232 26 The female academy has not been in operation this yearthere are none of the students of the male academy educated out of the poor school funds. Gwinnett Washington, Various, 57 27 84 276 50 359 75 592 35 Gwinnett Lawrenceville, Various, 62 38 100 267 26 123 87 4-2 143 38 1-2 Habersham No report. Hall County, Various, 29 26 55 1,964 68 1-2 842 53 1-4 552 15 1-4 There is 212 of the money loaned out, and there is some interest on it. Hancock Farmersville, 22 14 36 There are five of the students which are educated out of the poor school funds; no further report. Hancock Mt. Zion, Various, 30 13 33 There were taught in 1835; nothing received from the academical fund in 1835. Hancock Powellton, 29 26 55 54 96 54 90 No further report. Hancock Sparta Male, 42 18 60 All the funds have been laid out in erecting suitable buildings. Hancock Sparta Female, Various, 154 154 A small amount of the funds derived from, have been laid out in a building. Harris Jenkins, Various, 32 12 44 No further report only the school is flourishing. Harris Unionville, Various, 46 26 75 No further report. Harris, Hamilton, Various, 54 58 112 273 25 273 25 The magistrates have failed to report the number of children entitled to the benefit of the poor school funds. Heard No report, Henry No report, Howston No report, Irwin No report, Jasper Monticello Female, Various, 59 59 132 24 70 45 61 83 Jasper Monticello Male, Latin, c. 70 70 55 53 52 06 5 Jasper C. Hall, Various, 64 64 114 120 Jasper Pleasant Hill, Various, 87 87 Jaekson County, Various, 32 24 56 1,731 08 113 25 1,617 83 Jefferson Louisville, Various, 25 26 45 611 12 207 404 12 Jones Union Hill, Various, 16 16 32 87 75 84 Amount received from the academical funds for the present year, and the amount expended the same year. Jones Blountsville, 40 No further report. Jones Fortville, Various, 35 131 70 78 18 1-4 53 51 1-4 Jones Clinton, Various, 20 1,459 15 1-4 79 31 1-4 1,379 77 3-4 Laurens Buck Eye, English, 20 16 36 99 400 Laurens Tranquil, Various, 24 15 39 Lee No report. Lincoln Double Branches, Various, 44 20 64 280 15 265 At interest. Lincoln Goshen. English, 30 12 42 162 162 Lincoln Lincolnton, Various, 24 2 26 905 64 The first January 1836. Liberty Walthourville, Various, 60 71 131 Liberty Sunbury, 23 16 39 Liberty Taylors Creek Union, 32 29 61 Has never received any dividend. Lowndes No report. Lumpkin No report. Madison County. Various, 27 10 43 185 125 60 This academy has not received any dividend the present year. Marion No report. McIntosh No report. Monroe County-line, Various, 27 15 40 89 77 1-2 No dividend received this year. Monroe Cicero, English, 27 13 40 516 50 447 18 There is money due the ac. which is not collected so the Tr's. cannot tell how much is on hand. Monroe Forsyth, M. F. Various, 43 73 116 274 50 The amount expended and on hand not stated. Monroe Hill, M. F. Various, 35 30 65 The academy has not received nor expended any money from the State. Monroe Mt. Vernon, English, 21 20 41 92 80 110 80 On hand not stated. Monroe Jackson, Various, 44 25 69 102 62 1-8 264 31 Receipts not stated. Monroe Jefferson, 36 16 56 144 07 50 75 93 32 Branches taught not stated. Monroe Concord, English, 24 22 46 Made one return but received no dividend. Monroe Cullodensville, F. Various, 87 87 The amount of academical funds received this year not stated in the report for the male academy, the same Trustees to both academies. Monroe Cullodensville, M. Various, 84 84 161 40 161 40 Montgomery No report. Morgan Madison, M. Various, 43 2 45 [UNK] 283 16 expended for both departments. Morgan Female, Various, 16 76 92 Morgan Buckhead, English, 16 10 20 No further report. Morgan Oak Grove, Various, 42 24 66 102 70 Part of the money received expended on building, the balance on hand. Meriwether County. Various, 28 25 53 The Trustees have in hand notes to 1,000 50 275 725 50 Muscogee Jefferson, English, 48 No dividend received last year. Muscogee County, M. F. Various, 75 60 135 193 All of which has been expended. Murray No report. Newton Jefferson, English, 62 125 108 25 No further report. Newton Covington, Various, 53 300 789 05 1-2 Oglethorpe Prospect, Various, 40 160 75 In cash and investments Oglethorpe Meson, M. F. Various, 50 52 102 1,545 1,139 12 1-2 No further remarks. Paulding No report. Pike Union, English, 25 14 39 This academy has not received any dividend and are in debt 30 dollars. Pike Zebulon, Various, 50 31 81 3,041 26 Pulaski No report. Putnam Franklin, 11 18 29 This academy has not received a dividend. Putnam Harmony, English, 35 124 19 64 40 78 79 Putnam Jefferson, Various, 72 368 54 219 149 54 Putnam Eutonton, M. F. Various, 35 38 73 93 27 1-2 Rabun No report. Randolph No report. Richmond co. at Aug. Sand Hill, Various, 301 5,040 5,029 25 No further report. Scriven Stewart County, 815 815 Which has been on a new building. Sumter County, Various, 40 1,019 60 825 Talbot Washington, F. English, 184 No further report. Talbot Centreville, Various, 47 83 80 No further report. Talbot Mt. Pleasant, English, 30 25 55 No further report. Tattnall No report. Taliaferro Crawfordville, Various, 38 45 83 1,531 19 1,753 87 1-2 Thomas Troup West Point, English, 10 10 20 400 400 Troup La Grauge, F. Various, 85 85 98 98 Flourishing. Troup La Grauge, Male, Various 45 45 90 30 No further report. Twiggs Stone Creek, English, 30 25 55 90 25 4 37 1-2 Receipts not stated. Twiggs Jefferson, 75 No fund on hand. Twiggs Planters, Various, 35 21 56 26 90 86 70 1-2 Flourishing. Tolfair County, English, 10 16 26 200 Union No return. [Illegible Text] Union 15 [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] No further report. [Illegible Text] Union Hill, English 35 31 66 No further report. [Illegible Text] Franklin, English 26 17 43 No further report. [Illegible Text] Thomaston, 21 No funds have been received since last report. [Illegible Text] Ockchumpka, 28 22 50 59 75 17 75 42 [Illegible Text] Bluntsville, M. F. English, 26 16 42 No statement of funds received or disbursed. Walker Walton Farmers, English, 30 20 50 This academy has not received any funds from the State. Walton Social Circle, Various, 70 25 Walton Monroe, Various, 47 34 81 The funds of this academy will be expended by the end of the year. Ware Warren Warrenton, Various, 25 20 45 100 100 Warren Monagan, 32 19 41 320 92 1 819 92 Washington Washington, 29 88 21 140 68 Washington Bethlehem, English, 39 32 71 23 22 241 24 At interest. Washington Union, English, 37 13 50 This academy has not received a dividend. Wayne Wilkinson Wilkes Washington, Various, 90 41 131 214 79 254 24 Mallorysville, Various, 23 10 33 160 35 104 78 A small amount due from the academy.
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Condition of Academies---The whole amount added up. No. of Males. No. of Females. Total. Receipts. Expenditures. On Hand. 452 406 1,282 $11,352 87 1-2 $6,333 20 3-4 $21,493 71 8-4 520 482 1,284 8,290 04 1-4 3,167 84 4,717 98 3-4 904 761 1,910 7,789 97 3,445 94 1-2 5,890 95 1-2 792 656 2,165 5,607 44 8,689 11 1,517 63 2,668 2,205 6,641 $23,019 82 3-4 $22,636 09 3-4 $33,630 29
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Condition of Poor Schools. Counties. Trustee. Number entitled. Number instructed. branches of education. Receipts. Expenditures. On hand. Appling, Baker, Baldwin, Bibb, W. Poe, 67 250 60 Bryan, B. English, 311 353 25 Bullock, lower. 400 Burke, J. G. Baduly, 58 va. 436 77 278 78 157 98 Butts, Camden, Campbell, J. M. Butt, 21 low. 322 21 1-2 164 34 1-2 157 87 Two teachers only have made a return for 1836. Carroll, Wm. L. Parr, 88 171 75 171 75 Cass, Chatham, Cherokee, D. H. Bird, 235 42 142 34 98 08 Clark, Jos. Ligen, 581 17 263 62 317 35 Columbia, Cobb, Coweta, D. Mosley, 99 Crawford, P. M. Calhoun, 30 Decatur, DeKalb, E. B. Reynolds, 27 555 There are 8 or 10 teachers who have not made a return. Dooly, T. H. Key, 1,120 45 963 39 157 06 1-4 Early, Effingham, J. Carlton, 12 315 29 45 86 269 92 Elbert, Wm. B. Nelms, 469 23 3-4 157 94 311 29 3-4 Emanuel, John Love, 77 1`124 34 3-4 230 87 3-4 903 47 Fayette, Wm. McBride, 113 256 98 256 98 Floyd, Forsyth, Franklin, Thos. King, 311 420 75 420 97 1-4 Children sent from 7th July 1834. to 1st Jan. 1836. Gilrner, Glynn, Greene, T. W. Grimes, 138 935 56 655 43 1-2 330 12 1-2 Gwinnett, W. Maltbre, 612 10 612 13 Habersham, J. T. Carter, 574 69 574 35 34 The number of poor children not known, the Justice of the Peace having failed to make a return. Hall, E. M. Johnson, 330 low. 1,177 91 1,177 25 1-2 65 1-2 Hancock, H. Rogers, 84 452 62 305 66 132 60 Harris, Heard, B. Bledsoe, 28 82 98 77 61 5 32 Henry, A. G. Murray, 182 eng. 469 68 481 52 Houston, A. Morgan, 93 eng. 313 66 206 50 107 16 Subject to pay other teachers acpts. of 1836, Irwin, M. C. Taylor, 117 Jasper, Jackson, Wm. McMullen, 161 eng. 377 10 325 99 51 To be applied to old acpts. Jefferson, Jones, Chas. Mecorth, 127 731 98 1-2 731 98 1-2 Laurens, B. Allen, 559 87 332 58 226 83 1 2 Lee, Liberty, Lincoln, E. Frazer, 155 96 153 75 1-2 22 20 12 Lowndes, Lumpkin, Madison, Wm. Sanders, 64 eng. 187 50 187 50 Marion, B. W. Dowze, 54 160 161 39 McIntosh, Meriwether, C. H. Jay, 201 77 201 77 Monroe, E. Cabiness, 117 546 99 547 74 1-2 Montgomery, Morgan, J. W. Porter, 847 18 1-2 272 77 1-2 374 41 Muscogee, H. A. Thornton, 649 253 396 Murray, B. McGhee, 17 131 25 105 42 25 89 Newton, L. Hopkins, 16 442 66 442 66 1-2 Paid teachers for the year 1832-3. Og'ethorpe, H. Britain, 58 low. 297 53 292 77 1-4 4 75 3-4 Paulding, Pike, Pulaski, Putnam, W. B. Carter, 365 88 343 71 1-2 22 16 1-2 The Justices of the Peace have not returned the names of any children for the last two years. Rabun, 115 115 low. 167 92 181 62 36 28 Richmond, Randolph, Scriven, Stewart, Sumpter, Telfair, G. R. McCall, 91 38 4 35 Talbot, Tattnall, J. H. Smith, 3,208 29 1-4 3,135 40 I-4 Taliaferro Q. O'Neal, 33 com. 173 88 170 13 3 75 Thomas, H. R. Seward, 868 03 55 20 812 83 Troup, H. Perkins, 80 281 96 291 96 Twiggs, Union, Upson, T. F. Bethel, 111 219 53 219 58 Walton, J. Mitchell, 604 78 1-2 556 77 3-4 48 00 3-4 Walker, Ware, Warren, Washington, J. Scissions, 69 326 56 326 56 Wayne, M. S. Harris, 32 eng. 575 88 107 41 1-2 468 46 1-2 Wilkinson, J. Beall, 790 21 508 11 1-2 282 09 1-2 Wilkes, J. H. Dyson, 54 391 76 291 76 The agg. amount, 378 2,617 24,894 03 1-2 18,150 61 3-4 7,738 12
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A Consolidation of the reports of the Trustees of the Poor School fund, in the several counties of this State. HENRY W. DAVIS CLERK.
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INDEX TO THE LAWS. A. ACADEMIES. Baldwin county. Philadelphia Academy incorporated, 11 Bibb County. Vineville Academy incorporated, 10 Butts County. Jackson Academy, to make annual report and call on Teacher for information 3 Cobb County Academy. Trustees appointed, 17 Columbia County. Roussea Academy incorporated, 10 Coweta County. Female Academy incorporated, 8 Crawford county. Clayton Academy incorporated, 10 Crawford County. Hopewell Academy incorporated, 10 Crawford County. Union Academy incorporated, 10 Decatur County. Pleasant Grove Academy incorporated, 11 DeKalb County. Summerville Academy incorporated, 10 Trustees appointed, 17 Dooly County. Rest Academy, Trustees appointed, 17 Early County. Blakely Academy, Trustees appointed, 17 Fayette County Academy. Incorporated and Trustees appointed, 7 Floyd County. Van's Valley Academy, Trustees appointed, 17 Habersham county. Clarkesville Academy, to dispose of present lot and building, and appoint additional Trustees, 16 Hall County Academy. Trustees appointed, 11 Hall County Female Academy. incorporated, 11 Houston county. Fort] Valley Academy, incorporated, 11 Houston County Academy. Funds set apart to rebuild, 11 Jasper County. Palmyra Academy, Trustees appointed, 17 Laurens cunty. Dublin Academy, incorporated, 10 Laurens County. Troup Academy, incorporated, 10 Lincoln county. Lincolnton Female Academy, incorporated, 5 Lincoln County. Lincolnton Male Academy, 5 Additional Trustees appointed, 6 Meriwether County. Greenville Female Academy incorporated, 8 Meriwether county. Flat Creek Academy, incorporated. 11
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Meriwether county. Pleasant Hill Academy, incorporated, 11 Monroe County. Bluff Spring Academy, Trustees appointed, 18 Monroe county. Lafayette Academy, incoporated, 9 Morgan county. Rehoboth Academy, incorporated. 10 Murray county Academy. Additional Trustees appointed, 16 Muscogee County. Mount Pleasant Academy, to repeal the 8th and 9th sections of the act of incorporation, 4 Muscogee county. Summer Retreat Academy, incorporated, 4 Newton County. Harmony Academy, incorporated, 10 Newton County. Hightower Trail Academy, incorporated, 10 Newton County. Little River Academy, incorporated, 10 To draw no portion of Poor School Fund for non-resident children Pike County. Bainesville Academy, Trustees appointed, 17 Pike County. Female Academy, incorporated, 10 Paulding County. Racoon Creek Academy, Trustees appointed, 18 Richmond County. Summerville Female Institute, incorporated, 11 Stewart County. Hickory Grove Academy, Trustees appointed, 19 Stewart County. Pataulla Male and Female Academy, Trustees appointed, 18 Talbot County. Planters Academy, incorporated, 10 Talbot County. Plattsburg Academy, incorporated, 10 Talbot county. Unin Academy, incorporated, 10 Talbot county. Valley Grove Academy, incorporated, 10 Union County. Blairsville Academy, incorporated, 10 Walker County. Chatooga Academy, incorporated, 10 Walker County. Pleasant Green Academy, incorporated, 10 Walton County. Centreville Academy, incorporated, 10 Washington county. Gum Spring Academy, To incorporate, 11 Wilkinson county. Black Creek Academy, incorporated, 10 Wilkinson county. High Hill Academy, incorporated, 10 Wilkinson county. Liberty Hill Academy, incorporated, 10
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Wilkinson county. Turkey Creek Academy, incorporated, 10 Wilkinson county Union Hill Academy, incorporated 10 ADJUTANT GENERAL. Assistant Adjutant Genera, l 163 APPROPRIATIONS. General act for the support of government for 1837, 23 Contingent Fund, 24 Military Fund, 24 Printing Fund, 24 For pay of the Guard in the South-western counties, 26 For Samuel Braswell, 26 For Prince's Digest, 26 For Western and Atlantic Rail Road, 26 For Wm. W. Holt, Joseph Cumming and James H. Cooper, 26 For building a Government House, 26 For Tucker Marler, Co. 26 For erecting Porticos to State House, 26 For erecting a House for Principal Keeper of the Penitentiary, 27 For James Holland, 27 For John C. Rogers, 27 For William Moore, 27 For Charlotte Harrison, 27 For Myron Bartlett, 27 For Augustus W. Law and William Barkley, 27 To authorize the Treasurer to draw on the Central Bank for money to meet appropriations, 28 To remove obstructions in the Oconee river, below Milledgeville 19 28 For enclosing the State House square, 28 For improving the road from North Carolina, through Rabun gap, 28 For the Small Pox, 29 30 For a Road from Louisville, to the State line 247 For Samuel Farish, 30 For increasing the Governor's salary, 30 For Geological survey. 30 For Chattahoochee river, 30 For Inferior court of Walker county, 31 For Ich-a-way. notch-i-way Creek, 31 For the Altamaha river, 32 For the Great Ogechee river, 32 For the Ohoopy and Canuchee rivers, 32 For Savannah river above Augusta, 32 For Standers G. McFarland, 33 For Military Store Keeper, salary increased, 33
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For payment of the Volunteers in the Creek and Seminole campaigns, 20 For Big Satilla river, 241 ASSYLUM. Columbia county Inferior Court authorized to establish, 33 ATTORNIES. Certain persons authorized to plead and practice law, 35 ATTACHMENTS. To amend the attachment laws, 36 AUDITOR. The Comptroller to audit accounts against the State, B. BANKS. Bank of Brunswick, incorporated, 40 To amend an act incorporating a Banking Company in Augusta, 39 Central Bank of Georgia, 21st section of incorporation act amended, 43 Ocmulgee Bank of the State of Georgia, incorporated in the City of Macon, 43 Bank of Milledgeville, to increase the capital stock of, 53 Commercial Bank of Macon, to amend the act incorporating, 54 Planters and Mechanics Bank of Columbus, incorporated, 55 Western Bank of Georgia, incorporated at Rome, 60 Planters Bank of the State of Georgia, to extend the charter, 67 Bank of St. Marys, incorporated, 68 BRIDGES. Across Hightower river, by Jacob Carroll, 74 Appropriation for, across the Lopahaw, 75 Across Great Ogechee by William Williams and Willis Young, 75 BOAT OWNERS AND CREWS. To amend and explain and enforce the several acts in relation thereto, 76 C. CAVEATS. To be tried before the Superior Courts, 78 CHURCHES. Act incorporating Christ Church in the City of Augusta, amended, 78 The following Churches incorporated. Mulberry Camp Ground, Harris county, 78 Dry Pend Camp Ground, Jackson county, 78 Presbyterian Church, Franklin, Heard county, 78
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Baptist Church, Campbellton, Campbell county, 79 Baptist Churches at Mud Creek, 79 Baptist Churches at Antioch, 79 Baptist Churches at Shoal Creek, 79 Baptist Churches at Tessentee, Habersham county, 79 Baptist Churches, at Ozias and Bethesda, in Jefferson county, 79 Baptist Church, at Poplar Spring, Franklin county, 79 Baptist Church, at Bethlehem, Washington county, 79 Baptist Church, at Clinton, Jones county, 79 Presbyterian Church, at Bethel, Glynn county, 79 Long Cane Church, Troup county, 84 Ebenezer and Macedonia Churches, Coweta county, 84 Mulberry Camp Ground, Harris county, incorporated, 79 To authorize the Roman Catholic Society in Augusta to sell a certain lot of land, and appropriate the proceeds thereof, 85 To incorporate Elam Church, in the county of Warren, 87 Camp Ground Church, Meriwether county, incorporated, 88 CITIES. In relation to the City of Augusta, 116 To amend the act incorporating the town of Columbus, 89 To amend the several acts incorporating the Town of Milledgeville, and to declare the same to be a City, 90 To amend the act incorporating Columbus, 89 CLERKS. Of Superior and Inferior Courts of Montgomery county, to keep their offices at, or within one mile of the Court House, 96 CLERKS AND SHERIFFS. To regulate to advertising of, in Gwinnett county, 97 COLLEGES. Emory College, Newton county, 99 Georgia Female, Macon, 101 Southern Baptist, Wilkes, 98 COUNTY SITES. Appling county, removed, 106 Liberty county, removed, 107 Lowndes county, Commissioners to fix on a site, 105 Paulding county, removed, 105 Pulaski county, removed, 103 Walker county, name changed, 108 COUNTIES. To add a part of Habersham to Franklin county, 109 COURTS. Mayors Court, Macon, 110 Court of Common Pleas, Augusta, 116
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Cherokee Circuit, to change the time of holding the Superior and Inferior Courts, 110 Bryan county, to authorize a special term of the Superior court, 112 Baldwin county, to change the times of holding the Superior and Inferior courts, 112 Coweta circuit, to change the time of holding the Superior courts, 113 Houston county, to change the time of holding the Inferior courts, 113 Inferior court of Cass county, to remit a forfeiture incurred by Joseph Lynch, Andrew Adair, and James A. Thompson, 114 To alter the times of holding the Superior courts of Emanuel, Scriven Jefferson, in the fall of the year, 115 E. ELECTION PRECINCTS. Hancock county, 118 Paulding county, 118 Putnam county, 118 Cobb county, 119 Thomas county, 119 Laurens county, 119 Meriwether county, 119 Marion county, 120 Cherokee county, 120 Monroe county, 120 Decatur county, 120 Gwinnett county, 121 Morgan county, 121 Carroll county, 121 Madison county, 121 Columbia, county, 121 Richmond county, 121 Irwin county, 121 Murray county, 121 Putnam county, 122 Jefferson county, 122 Laurens, county, 122 Appling county, 122 DeKalb county, 123 Richmond county, To compensate one Justice for carrying up returns. 124 Columbia county, To compensate one Justice for carrying up returns. 124 Harris county, To compensate one Justice for carrying up returns. 124 Lowndes county, To compensate one Justice for carrying up returns. 124 Marion county, 125 Lee county, 126 Houston county, 125
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Dooly county, 126 ESCHEATS. To alter the several Escheat laws of this State, 126 F. FERRIES. William Nelms, to establish across Broad river, 127 George Akins, across Tugalo, 128 Elisha Lowry, across Coosawattee, 128 John M. McAfee, across Oastanallee, 128 Augustus Verdery across Oastanallee, 128 Stephen Mays, across Coosawattee, 130 William S. Jones, across Coosawattee, 131 Skelton Oliver, across Broad river, 131 Albert Duke, across Ohoopy, 132 John Gilmore, across Hightower, 132 Appleton Haygood across Oconee, 133 William Fain, across Coosa, 134 Eli Collins and George Houston across Chattahoochee, 134 FIRE COMPANIES. To from two Fire companies in Macon, 135 FRAUDULENT LOTS. Sheriffs of Cass, Cobb, Cherokee, Forsyth, Gilmer, Lumpkin, Murray, Paulding, Floyd, Union, and Walker, to sell the State's half of lots condemned as fraudulently drawn, 136 FREE SCHOOLS. To set apart one third of the interest arising from the surplus revenue, as a Free School fund, 138 G. GRANT FEES. Reduced. 140 I. INCORPORATIONS. Peoples' line of Stages incorporated, 140 Flat Shoal manufacturing company, incorporated, 141 Columbus Canal and Water company. 141 INDIAN OCCUPANCY. Cherokees allowed to occupy their improvements, until the 25th May, 1838. 145 INSURANCE AND TRUST COMPANIES. Savannah Insurance and Trust company incorporated, 146 Oglethorpe Insurance Trust company incorporated, 146 Western Insurance and Trust company incorporated, 146 J. JUDICIARY. To enable defendants at law, to plead a partial failure of consideration, 157
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To allow one distributee of an estate to sue severally, 158 JURORS. Grand Jurors of DeKalb, to compensate, 158 Petit Jurors of Burke, to compensate, 159 L. LAPSED LEGACIES. To alter the law in relation to, 160 LEASES. Commissioners of Milledgeville to lease a Tan-yard to George Root, 160 M. MASTER CARPENTERS MASONS. To give them a lien on buildings in Baldwin county, 161 MEDICAL SOCIETY. To revive an act passed 12th December, 1804, 161 MILITIA. Inferior court of Murray county to lay off the same into militia districts, 162 To organize the office of Adjutant and Assistant Adjutant General, 163 MORTGAGES. To amend the acts regulating foreclosures upon real estate, 164 N. NAMES CHANGED. Act to change the names of persons therein named and legitimatize the same, 165 Act to change the names of persons therein named and legitimatize the same, For the same purpose, 166 Act to change the names of persons therein named and legitimatize the same, For the same purpose, 167 Act to change the names of persons therein named and legitimatize the same, For the same purpose, 168 Act to change the names of persons therein named and legitimatize the same, For the same purpose, 169 NOTARIES PUBLIC. To amend the act of 21st December, 1820, 170 P. PARDON. To pardon John Howard, 171 PENAL CODE. To repeal the 1st, 2d, 3d, 4th, and 9th sections of, 171 To add an additional section to the 6th division of, 172 To add an additional section to the 12th division of, 173 To amend so far as relates to trials for offences requiring the joint action of two or more persons, 173 Regulating trials for crimes which subject offenders to fine or imprisonment, or both, in the common jail, relative to empanneling and challenging jurors, 174
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PENITENTIARY. Authorizing a loan to, for procuring materials for erecting suitable houses for the Keeper, and to fix the salaries of the Physician, Sub-keepers and Guard, 175 PILOTS. To regulate the fees of Pilots in this State, 176 PHYSICIANS. Pains and penalties removed from all free white persons for practicing medicine. 171 POOR SCHOOL FUND. To amend the several acts relative to the Poor School Fund of Laurens county, 177 To consolidate the Academic and Poor School Funds of Baker county, 178 To add one half of the taxes of Lincoln county to the Poor school fund thereof, c. 178 To repeal the act consolidating the Academic and Poor school fund of Wilkinson county. 179 PUBLIC PRINTER. To provide for the election of a Public Printer, 180 Q. QUARANTINE. Act relating to, 181 R. RAIL ROADS. Brunswick and Florida Rail Road company to construct a Branch Road to Flint and Chattahoochee rivers, 182 To alter and amend an act to incorporate the Chattahoochee Rail Road company, 183 Thomas Spalding and others, to construct a rail road from the Flint, to the Chattahoochee river, 195 To amend the acts incorporating the Georgia rail road company, 197 To amend the acts incorporating the Central rail road company. 197 To incorporate the middle branch rail road, 198 To amend the charter of the Monroe rail company, c. 200 To amend an act to incorporate the Georgia rail road company, with power to conssruct a rail or turnpike road from the city of Augusta, with branches to Eatonton, Madison, and Athens, 208 To incorporate the St. Mary's and Columbus rail road company, 209 To authorize the construction of a rail road from the Tennessee line, to the Chattahoochee, 214 RAIL ROADS CANALS. To amend the act authorizing the Steam Boat company of Georgia, to run a rail road or Canal from Augusta to some point of Savannah river. 219
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To increase the capital stock of the Brunswick Canal and rail road company, 219 RELIEF. Of Henry Freeman and Wm. W. Dickson, 220 Of John N. Harris Tax Receiver of Taliaferro county, 221 Of John Love, 222 Of Jas. H. Miller, Jas. W. Morgan and Bardwell Billings, 223 The heirs of Thomas H. Sargant, 224 Of George Smith, collector of Harris county, 224 Of George G. Morris of Taliaferro county, 225 To vest the titles of certain lots and fractions in those who paid for them, 226 Of William John Campbell Allen and Wm. Campbell, 227 Of William Wyatt Alford, 228 [Illegible Text] COMPANIES. Cherokee county, incorporated, 229 Centreville, Camden county, incorporated, 230 Clarkesville, Habersham county, incorporated, 231 RIVERS AND CREEKS. Commissioners to examine Kinchafoony, 233 Appropriation to remove obstructions in Flint river, 234 Appropriation to improve the navigation of Ocmulgee river, 237 Appropriation to remove obstructions to the navigation of Oconee river, 238 Commissioners to remove obstructions to the free passage of fish in Ogeechee river, 240 Big Satilla, appropriation for 241 ROADS. Appropriation to lay out a road from Dahlonega by Elijay to the Federal road in Murray county, 243 To open and improve a road from Loudsville to the State line, 247 ROAD LAWS. Decatur county. How fines for neglect of road duty are to be applied, 244 Elbert county. To levy an extra tax for, 245 Glynn county. To alter and amend, 247 McIntosh county. To repeal the act of Dec. 21st, 1835, 249 Union county. To alter and amend the road laws of this State as respect Union county, 249
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Wilkes. To alter and amend the road laws of this State as respects Wilkes county, 250 S. SALARIES. To increase the salaries of the officers of the Cent'l. Bank, 250 Of Governor, increased, 30 SHERIFFS. To prevent the levy and sale of growing crops, 250 To compensate the Sheriffs of Burke, Elbert, and DeKalb counties, for summoning jurors, 252 To reduce the amount of Sheriffs bond in Forsyth co. 253 To authorize the Sheriff of Madison county to publish in the Southern Whig, 253 SLAVES. To repeal a portion of the laws respecting their introduction into the State, 254 STEAM BOAT COMPANIES. To incorporate the Chattahoochee Steam Boat Co. 254 To incorporate the Pioneer Steam Boat Company, 256 To incorporate Savannah Augusta Steam Boat Co. 258 To incorporate the Savannah and Charleston steam packet company, 260 SURPLUS REVENUE. To empower the Treasurer to receive, 264 To be loaned out by the Central Bank, 262 T. TAXES. To levy and collect a general tax, 265 To levy an extra tax in Burke county, 265 To levy an extra tax in Bibb county, 266 To levy an extra tax in Jones county, 267 TAX COLLECTORS RECEIVERS. To regulate their commissions, 267 TOWNS. To incorporate the Town of Brunswick, 268 To amend the act incorporating the Town of Perry, 272 To incorporate the Town of Drayton, and to make permanent the public site in Dooly county, 272 To amend the acts incorporating the Town of Louisville, 274
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To re-survey the town of Perry, 274 To incorporate she village of Rehoboth. 276 To extend the power of certain Justices over the town of Talbotton, 276 V. VENDUE MASTERS. To regulate Vendue Masters in the town of St. Marys, 277 W. WITNESSES. To componsate witnesses in bohalf of the State, who attend courts out of the counties where they reside, 278
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IN SENATE. B BETTON, C. F. For relief of, 2 BANKS. Report on the Central Bank, 5 Report on the Planter's Bank, the Marine and Fire Insurance Bank, and the Bank of Columbus, 15 Report on the Bank of the State of Georgia, 18 C COWART, J. W. For the relief of, 12 COURTS. For the correction of Errors, Committee appointed, 17 D DEAF DUMB. For disbursing appropriation, 1 Resolution in favor of Dawsey Blizzard, 21 E ELECTIONS. Resolution to bring on certain elections, 11 Resolution to bring on certain elections, 12 G GOVERNOR'S MESSAGE. Documents accompanying, to be printed, 10 Grant to John Lasseter for No. 2, 16, Carroll, 11 GEOLOGICAL SURVEY. Of the State, 21 M MILITIA To form new regiment in Houston county, 8
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P [Illegible Text] [Illegible Text] with P. L. Robinson for Laws and Journals, 4 [Illegible Text] job printing, 7 [Illegible Text] FUND. Liberty county, 4 Paulding county, 9 [Illegible Text] EDUCATION. [Illegible Text] the committee on, 16 R [Illegible Text] [Illegible Text] Governor to correspond with the Executive of Tenessee on the subject, 3 S [Illegible Text] [Illegible Text] Thomas, Early, Decatur and Baker, to pay for certain [Illegible Text] titles, 13 [Illegible Text] REVENUE. [Illegible Text] upon, 19 T [Illegible Text] [Illegible Text] at funds he shall receive, 14
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INDEX TO RESOLUTIONS. IN HOUSE OF REPRESENTATIVES. B BRASWELL, SAMUEL, Resolution in favor of, 24 BRISBANE WHITE. Report in favor of, 31 C COMPTROLLER GENERAL. Report of Committee on Finance on, 27 CANAL. Savannah, Ogeechee and Altamaha canal, Report to be sold, 38 E ELECTORS OF PRESIDENT VICE PRESIDENT. To compensate, 29 Certain Elections to be brought on, 40 Certain Elections to be brought on, 42 Certain Elections to be brought on, 45 G GOVERNMENT HOUSE. Committee to superintend the erection of, 46
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[Illegible Text] [Illegible Text], [Illegible Text] [Illegible Text] in favor of, 27 [Illegible Text] [Illegible Text] JOURNAL [Illegible Text] be sent to each [Illegible Text], and each Editor of a newspapers 44 [Illegible Text] [Illegible Text] OFFICERS. Wilkes county to be [Illegible Text] Infantry tactics, 42 [Illegible Text] [Illegible Text], JOHN AND OTHERS [Illegible Text] compensate, 37 P [Illegible Text], OLIVER H. [Illegible Text] on his Digest of the [Illegible Text] Georgia. 24 [Illegible Text]. [Illegible Text] with P. L. Robinson [Illegible Text] Job printing, 30 [Illegible Text] and Journals to be printed in the State, 46 [Illegible Text] ACTS OF THE LEGISLATURE. [Illegible Text] be published, 33 [Illegible Text] SCHOOL FUND. [Illegible Text] Early county. 36 S [Illegible Text]. [Illegible Text] a tri-weekly line between Savannah and Macon, 34 [Illegible Text], from Carrollton to Spring Place, 43 [Illegible Text] POX. [Illegible Text] favor of an appropriation to Heard and Troup [Illegible Text], 35 [Illegible Text] OF STATE. [Illegible Text] additional clerks, 41 [Illegible Text] GENERAL. [Illegible Text] additional clerks. 41
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[Illegible Text] TAX COLLECTOR [Illegible Text] COUNTY. To relieve, 44 [Illegible Text] WILLIAMS, WILEY Report in favor of, 33