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 18371100 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, 1837. 18371100 18371200 PUBLISHED BY AUTHORITY. MILLEDGEVILLE : P. L. ROBINSON, STATE PRINTER. 1838.
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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN NOVEMBER AND DECEMBER, 1837. ACADEMIES. AN ACT to incorporate certain Academies therein named, and to appoint Trustees for the same, and to confer certain rights and privileges upon the same. Section 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 Samuel Williams, Lovet Bryan, John Tolbert, John Rushing, and Richard Kidd be, and they are hereby appointed Trustees of Van Witt Academy, in the county of Stewart, in the twenty-fourth district of said county. Sec. 2. And be it further enacted , That William A. L. Collins, Washington W. Stone, Alfred Sturgis, Albert H. Collins, and William Barnett be, and they are hereby appointed Trustees of the Red Oak Academy, in the county of Columbia. Sec. 3. And be it further enacted , That John H. Lumpkin, Daniel R. Mitchell, Philip W. Hemphill, Andrew J. Liddell, and James McIntyre be, and they are hereby appointed Trustees of the Rome Academy, in the county of Floyd. Sec. 4. And be it further enacted , That Francis Taylor, Edward Hassell, Wm. S. Dunn, Thos. Harden, and James Cartledge be, and they are hereby appointed Trustees of the Citizens' Academy, in the county of Columbia. Sec. 5. And be it further enacted , That Isaac Tucker,
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William Cone, and Stephen McCall be, and they are hereby appointed Trustees of the Centreville Academy of Camden county; and that Isaac Bailey, P. Cohen, and George W. Thomas be, and they are hereby appointed Trustees of the Jefferson Academy, in the county of Camden. Sec. 6. And be it further enacted , That David Holman, Oliver H. Griffeth, Alexander Hendry, Thomas Jenkins, and Wm. Taylor be, and they are hereby appointed Trustees of the Randolph Academy, in the county of Randolph, and in the town of Cuthbert. Sec. 7. And be it further enacted , That Josiah G. Jordan, James Harden, John Chewning, James Watson, and Alexander Russell be, and they are hereby appointed Trustees of the Russellville Academy, in the county of Monroe. Sec. 8. And be it further enacted , That Henry W. Jernigan, Jordan Reese, Samuel Quarles, Felix G. Gibson, Wm. Stafford, John T. B. Turner, and Joseph Reese be, and they are hereby appointed Trustees of the Florence Academy, in the county of Stewart, and in the town of Florence. Sec. 9. And be it further enacted , That Calvin J. Beaman, Taliaferro Wells, Edmund Lyons, Wm. Heard, and Toliver Jones be, and they are hereby appointed Trustees of Mount Airy Academy, in the county of Harris. Sec. 10. And be it further enacted , That Edward Nix, Wilson Conner, John H. Austin, Geo. W. Leak, and John Franklin be, and they are hereby appointed Trustees of the Starrsville Academy, in the county of Newton; and that Isaac P. Henderson, Wm. C. Davis, Solomon Zellers, Henry Gaither, S. C. Mitchell, Wm. Conneway, and John Bass be, and they are hereby appointed Trustees of the Farmers' Academy, near Gaither's mills, in the county of Newton. Sec. 11. And be it further enacted , That Wiley J. Garreard and Samuel Payne be, and they are hereby appointed Trustees of the Vann's Valley Academy, in the county of Floyd, in addition to those already appointed. Sec. 12. And be it further enacted , That Beaman H. Martin, Benjamin P. Robertson, Wm. Reid, Dickerson Burnham, John M. Russell, John C. Webb, and Edward B. Terrell be, and they are hereby appointed Trustees of the West Point Female Academy, in the county of Troup. Sec. 13. And be it further enacted , That Jonathan Davis, Geo. S. Oglesby, Needham W. Cotten, Wm. Janes, and Leonidas B. Mercer be, and they are hereby appointed Trustees of the Palmyra Academy, in the county of Lee. Sec. 14. And be it further enacted , That Benjamin Ward, Charles McLendon, Jacob Hearn, Richard G Ward, Wm. [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text] Alfred Franklin be, and they
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are hereby appointed Trustees of the Hearnsville Academy, in the county of Putnam. Sec. 15. And be it further enacted , That John C. Baldwin, Absolum Joiner, John Davidson, Wm. Hollis, and Wm. McGinty be, and they are hereby appointed Trustees of the Farmers' Academy, in the county of Monroe. Sec. 16. And be it further enacted , That John Murray, Thomas Allen, James T. Davis, James Murray, and Elijah E. Crocker be, and they are hereby appointed Trustees of the Poplar Spring Academy, in the ninth district of Houston county. Sec. 17. And be it further enacted , That David Jones, Martin Jenkins, George Knowls, Miles K. Harman, Daniel S. Harrison, and Jeremiah Lampkin be, and they are hereby appointed Trustees of Travellers' Rest Academy, in the county of Dooly. Sec. 18. And be it further enacted , That Dr. James D. Head, Littleton Johnston, Elihu N. Waldrup, Dr. John Shanon, and Nathaniel T. Myrick be, and they are hereby appointed Trustees of the Gulletsville Academy, in the county of Monroe. Sec. 19. And be it further enacted , That Owen Holliday, Gilchrist Overton, Joseph Brooks, John M. Anthony, and Aaron W. Grier be, and they are hereby appointed Trustees of the Raytown Academy, in the county of Taliaferro. Sec. 20. And be it further enacted , That Wm. E. Carswell, Williamson Calhoun, John Smith, Samuel M. Carswell, and Green B. Burney be, and they are hereby appointed Trustees of the Lafayette Academy, in High Hill district, in the county of Wilkinson. Sec. 21. And be it further enacted , That James Matthews, Benjamin Beeland, Lemuel Smith, Nathan Johnson, James McMurray, and George Moon be, and they are hereby appointed Trustees of the Union Academy, in the county of Crawford. Sec. 22. And be it further enacted , That James Bell, Sylvanus Bell, Wm. W. Boyet, Wm. L. Astin, Burgess Gentry, Lewis Grant, Wm. Hearn, Agrippa A. Steed, John H. Johnson, Charles B. Taliaferro, and Dabney P. Jones be, and they are hereby appointed Trustees of Mount Bethel Academy, in the county of Coweta. Sec. 23. And be it further enacted , That Joshua R. McCook, A. Watkins, and James Huckey be, and they are hereby appointed Trustees of the Halloca Academy, in the county of Muscogee. Sec. 24. And be it further enacted , That Turner H. Tripp, Samuel A. Wales, James Brannon, Richard W. Habersham, and Thomas J. Hughes be, and they are hereby appointed
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Trustees for the Clarksville Academy, in the county of Habersham. Sec. 25. And be it further enacted , That Wm. Holt, Thos. Stephenson, Wright Shearward, Levi Justice, Martin L. McPheason, and Chappell Cox be and they are hereby appointed Trustees for the Franklin Academy, in Talbot county. Sec. 26. And be it further enacted , That Jonathan Lyon, John Hardin, Solomon Harrell, John B. Massy, Morgan Brown, John Williams, Wm. Slade, James Jones, and Jabez Joiner be, and they are hereby appointed Trustees for Dee's Academy, in the county of Washington. Sec. 27. And be it further enacted , That Zachariah Franklin, Daniel McDowell, Jordan Compton, G. B. Jackson, and T. D. Oxford be, and they are hereby appointed Trustees of Planters' Academy, in the county of Jasper. Sec. 28. And be it further enacted , That Lovick Pierce, Wm. L. Wynn, Thomas J. Hand, and Isaac Mitchell be, and they are hereby appointed Trustees for the Wynnton Academy, in the county of Muscogee. Sec. 29. And be it further enacted , That James G. Swain, James T. Dicken, Benjamin B. Langham, Septimus Torrence, and Jethro Darden be, and they are hereby appointed Trustees for Birdsville Academy, in the county of Warren. Sec. 30. And be it further enacted , That Wm. D. Scoggins, L. J. Smith, Thomas Raines, James Talbot, and James Jolley be, and they are hereby appointed Trustees of Corinth Academy, in Baldwin county. Sec. 31. And be it further enacted , That John Williams, Esq., Dr. Wm. Segar, Capt. Azeriah Doss, Col. Thomas Allen, Dr. David Daily, Elijah D. Vaughan, Esq., and Capt. Thomas Johnson be, and they are hereby appointed Trustees for Mount Pleasant Academy, in the county of Henry. Sec. 32. And be it further enacted , That Hiram Powell, Martin Stamper, John Branford, Chas. H. Porter, and Samuel K. Crall be, and they are hereby appointed Trustees for Mount Jackson Academy, in Talbot county; and that Felix Grune and John W. Ransome be appointed Trustees to the Oak Ridge Academy, of Talbot county. Sec. 33. And be it further enacted , That Thomas Gates, Henry Newsome, Joshua Jordan, Simon Parker, and Lewis Laushe be, and they are hereby appointed Trustees for Warrior Academy, in the county of Bibb. Sec. 34. And be it further enacted , That Aaron Lessel, James R. Buzbee, James McElmurry, Zachariah Cowart, and Green McDonald be, and they are hereby appointed Trustees for Rutland Academy, in Rutland's district, in the county of Bibb. Sec. 35. And be it further enacted , That Herman Mercer,
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John Sikes, Saml. C. Clayton, Nelson Tift, John Taylor, Green Sutton, and Jeptha C. Harris be, and they are hereby appointed Trustees for Albany Academy, in the county of Baker. Sec. 36. And be it further enacted , That Anderson Holt, Robert Hatcher, Ezekiel McMichael, Allison Culpepper, and Richmond A. Black be, and they are hereby appointed Trustees for Indian Dam Academy, in the county of Stewart. Sec. 37. And be it further enacted , That Joseph Moon, Cash Willingham, Thomas Butner, John Cronic, Wm. H. Wilkinson, Charles D. Ohelly, and Jesse H. Davis be, and, they are hereby appointed Trustees for Union Hill Academy in the county of Walton. Sec. 38. And be it further enacted , That Joshua Morgan, James R. Atchison, Richard Humphrey, Abram Meadows, James Lindley, Leonard B. Hays, and Wm. Denson be, and they are hereby appointed Trustees for Beaver Dam Academy, in the county of Walton. Sec. 39. And be it further enacted , That Joshua Brantley, John L. Killgore, Robert Ellison, Joseph N. James, and John Bean be, and they are hereby appointed Trustees for Pleasant Grove Academy, in the county of Walton. Sec. 40. And be it further enacted , That Job Smith, Wm. Bankston, David Thompson, sr., Hope H. Camp, and Alfred Whaly be, and they are hereby appointed Trustees for Mabry's Creek Academy, in the county of Walton. Sec. 41. And be it further enacted , That Samuel Locklin, James Thompson, Thomas W. Robinson, Thomas J. McGaughee, and Hardy Treadwel, be, and they are hereby appointed Trustees for Mountain Academy, in the county of Walton. Sec. 42. And be it further enacted , That James W. Harris, James Richardson, Joseph Moss, Henry Easterling, and John W. Dicken be, and they are hereby appointed Trustees for Jack's Creek Academy, in the county of Walton. Sec. 43. And be it further enacted , That Thomas M. Stark, Samuel Williams, W. L. Anderson, Merriman Herndon, Jacob Calahan, and John Blasingame be, and they are hereby appointed Trustees for Rehoboth Academy, in the county of Walton. Sec. 44. And be it further enacted , That Wm. P. Easley, Benjamin Hammock, Wm. L. Walker, John Flynt, L. D. Cole, Pinkethman Harvey, and Daniel E. Jackson be, and they are hereby appointed Trustees for Pleasant Green Academy, in the county of Walton. Sec. 45. And be it further enacted , That Edmund Smart, and William Whitton be appointed additional Trustees for Pleasant Grove Academy, in the county of Decatur.
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Sec. 46. And be it further enacted , That Wm. H. Mayner, Jeremiah McCoy, Morris Jackson, and Jonah J. Evans be, and they are hereby appointed Trustees of the Princeton Academy, on lot No. forty-two, in the eighth district of the county of Muscogee. Sec. 47. And be it further enacted , That Benjamin Barns, Jason McKleray, B. Huckabe, Leroy Williams, and Chas. B. Hanton be, and they are hereby appointed Trustees of the Union Academy, in the county of Carroll, on lot of land No. 94, in the sixth district of said county. Sec. 48. And be it further enacted , That Robt. Sparks, Thomas Grant, Richardson Black, Osborn R O'Neal and Simeon O'Neal be, and they are hereby appointed Trustees of New Salem Academy, in the county of Putnam. Sec. 49. And be it further enacted , That John T. Storey, Hunter, James Gray, Samuel Poe, and Thomas G. McFarland be, and they are hereby appointed Trustees of the Valleyville Academy, of Walker county. Sec. 50. And be it further enacted , That Richard M. Aycock, John R. Williamson, Spencer Marsh, and James Hoge be, and they are hereby appointed Trustees of the Chattooga Academy, of Walker county, in addition to those already appointed. Sec. 51. And be it further enacted , That Wm. Quillen, James Hoge, A. L. Barrey, Spencer Marsh, and David Steward be appointed Trustees of the Lafayette Female Academy, in Walker county. Sec. 52. And be it further enacted , That Thomas S. Chappell, John A. Nelson, Wm. Nelson, John C. Epps, and James W. Collins, be appointed Trustees of Union Hill Academy, in the county of Twiggs. And that Joseph R. Hand, John Asbell, Hardy Durham, John H. Denton, Thomas Glover, Thomas W. Anderson, and Joel Denton, be appointed Trustees of Richlaud Academy, in the county of Twiggs, And that Richard S. Rodgers, James Pearson, Abisha Anders, Wm. H. Read, and Cornelius Hollingsworth, be appointed Trustees for Pleasant Grove Academy, in the county of Twiggs. And that Robert Radford and Benj. Bryan, be added to Jefferson Academy, in the county of Twiggs, in addition to those already appointed by an act of the Legislature, of 1828, and to have the same privileges as those already appointed. Sec. 53. And be it further enacted , That Rehobothville Academy, in the county of Morgan, shall be entitled to draw a proportionable part of the dividends of the Academic Fund, which may hereafter be set apart for the county of Morgan, and that said Academy shall be upon the same footing, in every respect, with the other incorporated Academies of said county.
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Sec. 54. And be it further enacted , That Jesse Johnson, Young Wood, Berry D. Johnson, Philip Orr, Silas Cheek, and their successors in office, be appointed Trustees for Bethel Academy, Heard county; Provided , That the said Trustees shall not draw any part of the Academic funds of the county of Heard. Sec. 55. And be it further enacted , That the said Trustees, and their successors in office be, and they are hereby declared to be a body politics and corporate, by the name and style of the Trustees of the various Academies mentioned in this act; and as such, shall be capable and liable, in law, to sue and be sued, plead and be impleaded; and to make all such by-laws and regulations as may be necessary for the government of said Aca demies: Provided , such by-laws and regulations are not repugnant to the coustitution and laws of this State. Sec. 56. And be it further enacted , That the said Trustees shall be capable of holding real or personal estate, all gifts, grants, and immunities, which may now belong to said institutions, or which may hereafter be conveyed to them or their successors in office, for the benefit of said institutions; and that when any vacancy may happen, by death, resignation, or otherwise, of any one or more of said Trustees, the survivors, or a majority of them, shall fill said vacancy, and do all manner of business appertaining to said corporations. Sec. 57. And be it further enacted , That the said Trustees of Raytown Academy, in the county of Taliaferro, may contract for the construction of a suitable Academy building, at some suitable and convenient place, in the vicinity of the village of Raytown. Sec. 58. And be it further enacted , That the law incorporating Rest Academy, in the county of Dooly, be, and the same is hereby repealedtogether with all laws andparts of laws militating against this act. Sec. 59. And be it further enacted , That there shall be an election held at Gulletsville Academy, on the first Saturday in January, in the year eighteen hundred and thirty-nine, and on the first Saturday in every year thereafter, for five Trustees of said Academy, who shall act until the first Saturday in the year thereafter; and that no person shall be entitled to vote at said election, but those who may reside within the captains of militia districts in which Gulletsville Academy is situated; and are entitled to vote for members of Legislature of said county; and the said election may be held and managed by any three freeholders of said district, and the polls of said election shall be opened at eight o'clock in the morning, and closed at four o'clock in the evening of the same day; and the managers of such election shall give to such persons as may get the largest or highest number of votes, a certificate of their election as
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Trustees, which certificates shall be a sufficient authority for acting as trustees for said Academy for the term hereinbefore specified. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate, GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to add another Trustee to the Board of Trustees of the Vineville Academy, in the county of Bibb. Section 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 passing of this act, that the Board of Trust of the Vineville Academy shall consist of five members, and that George Jewett be added to said Board. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate, GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to Incorporate Farmers' Academy, in the County of Clarke, and to appoint Trustees for the same. Section. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That John Williams, Sr. James C. Branch, Barton Trasher, John Hendricks, and James C. Williamson, be, and they are hereby appointed, and they and their successors in office are hereby declared a body corporate, by and under the title of the Trustees of Farmers' Academy, in Clarke County. 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 sueing and being sued, pleading and being impleaded, in the several Courts of Law and Equity in this State, of making all necessary
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by-laws for their government, of holding titles to, and conveying real and personal estate, and of doing all and 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. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate, GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to repeal an act passed 21st December, 1833, entitled an act to incorporate Talonega Academy, in the town of Talonega, in Lumpkin County, and appoint Trustees for the same, and to incorporate Dahlonega Academy, in the town of Dahlonega, Lumpkin County, and to appoint Trustees for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same , That all and every part of the aforesaid act, passed 21st December, 1833, entitled an act to incorporate Talonega Academy, in the town of Talonega, in Lumpkin County, c. and the same is hereby repealed, any law or part of law to the contrary notwithstanding. Sec. 2. And be it further enacted by the authority of the same , That Joseph J. Singleton, Jeremiah Paine, Cornelius Hibberts, James R. Dorsey, Green K. Cessna, Robert A. Holt, Thomas J. Park, and their successors in office, be, and they are hereby appointed Trustees of Dahlonega Academy, in the county of Lumpkin, and as such, are made and declared to be a body corporate, with power to sue and be sued, plead and be impleaded, have, hold, and convey property belonging to said Academy, now or hereafter, and do all other things appertaining to the same. Sec. 3. And be it further enacted , That the Trustees of the Academy aforesaid, shall have power to adopt such by-laws as they may deem necessary and proper for the government and prosperity of the same: Provided , such by-laws are not repugnant to the Laws and Constitution of this State. Sec. 4. And be it further enacted , That when a vacancy shall happen in the Board of Trustees of said Academy, by
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death, resignation, or otherwise, the remaining Trustees of said Academy, shall proceed to fill such vacancy at such time and in such manner, as they may hereafter adopt. Sec. 5. And be it further enacted , That the Trustees of the Academy aforesaid, as a body corporate, shall, and they are hereby declared to be able and capable of receiving, having and holding, all gifts, grants and donations, whether real or personal, which may be given, granted or tendered to them, for the benefit of said Academy, any law usage or custom to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate, GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to Incorporate and appoint Trustees for the Tazewell Academy, in the county of Marion. Section 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 Burton W. Dowd, James Powers, Joseph J. Battle, Robert S. Burch, and C. B. Strange, and their successors in office, be, and they are hereby appointed Trustees for the Tazewell Academy, in the County of Marion. 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 Tazewell Academy, and as such, shall be capable and liable of sueing and being sued, pleading and being 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. 3. And be it further enacted , That the said Trustees of the said 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 the said Institution, or which may hereafter be conveyed or transferred to them
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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, GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT, to incorporate an Academy in the county of Lowndes, and to repeal an act entitled an act, passed 27th December, 1826, vesting the Academical Fund of Lowndes county, in the Poor School Fund. Section. 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 entitled an act, consolidating and vesting the, Academical with the Poor School Fund of Lowndes county, be, and the same is, hereby repealed. Sec. 2. And be it enacted by the authority aforesaid , That Jared Johnson, William Smith, Park K. Jemirson, Henry Strickland, Hamilton W. Sharpe, Joshua Stafford and David B. Morgan, are appointed, and they, and their successors in office, shall be, and are hereby declared to be a body corporate, by the name and style of the trustees of the Lowndes county Academy, with the privilege of having, and using a common seal. Sec. 3. And be it further enacted by the authority aforesaid , That the trustees aforesaid, and their successors in office, or a majority of them, are hereby authorized and empowered to appropriate, in the manner they may think best suited to promote the interest of said Institution, all monies and specialties belonging, or in anywise appertaining to said Institution. Sec. 4. And be it further enacted by the authority aforesaid , That the said trustees and their successors in office, or a majority of them, are hereby authorized to make such bye-laws and regulations, as may be necessary for the government of said Academy. Provided , such bye-laws be not repugnant to the Constitution and Laws of this State, and that they shall be vetsed with all manner of property, both real and personal, all
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donations, gifts, grants, privileges and immunities whatever, which may belong to said Institution by virtue 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, for the proper use, benefit and behoof of said Academy. Sec. 5. And be it further enacted by the authority aforesaid , That the trustees of said Institution and their successors in office, shall be, and they are hereby declared to be capable of sueing and being sued, pleading and being impleaded, and using all manner or lawful means for recovering or defending any property, debts or demands whatsoever, which they may claim or demand, in right of said Institution. Sec. 6. And be it further enacted, c ., That it shall be, and is hereby made the duty of said trustees, to lay before the Grand Jury, at the first term of the Superior Court of said county in each year, a full and correct statement of the situation and investment of the funds of said Institution, in such manner and form as they may think proper, or said jury recommend, and the said returns shall, by the said Jury, be delivered to the Clerk of said Court, and remain in his office until the general election next ensuing, when it shall be the duty of said Clerk to deliver the same to the Senator elect for said county, to be by him laid before the Senatus Academicus, when thereunto required. Sec. 7. And be it further enacted, c ., That the said trustees shall have power to elect a Treasurer, who shall give bond, with approved security, to the said board of trustees for the time being, and their successors in office, in whatever sum they may deem advisable, for the faithful discharge of the duties reposed in him. Sec. 8. And be it further enacted, c ., That should any vacancy happen by death, resignation, or otherwise, in the board of trustees, the remaining trustees or a majority of them, shall fill such vacancy, as they, in their bye-laws may direct. Sec. 9. And be it further enacted, c ., That all Laws, and parts of Laws, militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate, GEORGE R. GILMER, Governor. Assented to, 22d December, 1837.
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AN ACT to incorporate Rehoboth Academy and Baptist Church, in the county of Wilkes, and appoint Trustees for the same. Section 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 Wyche Jackson, Joseph W. Cooper, James Burdett, William Tomlinson and W. W. Prather, 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 Rehoboth Academy and Baptist Church, in the county of Wilkes. Sec. 2. Be it further enacted by the authority aforesaid , That said Trustees and their successors in office, shall be vested with all such property, both real and personal, as has, shall or may be bestowed on such Academy and Church by gifts, grants, purchase or otherwise, for the use and benefit of said Academy and Church. Sec. 3. And be it further enacted , That the aforesaid Trustees shall have power to fill all vacancies which may occur in said Corporation, by death, resignation or otherwise, in such manner as a majority of said Corporation may direct. Sec. 4. And be it further enacted , That said Corporation shall have power to make such bye-laws, rules and regulations for their own government of the affairs of said Academy and Church, as they may think necessary and proper: Provided , such bye-laws, rules and regulations contain nothing repugnant to the Laws and Constitution of the State. Sec. 5. And be it further enacted by the authority aforesaid , That the said Trustees and their successors in office, shall be, and they are, hereby declared to be capable of sueing and being sued, of pleading and being impleaded, and use all other legal and proper means for the recovery of, and defending any property which they may have, hold, claim or enjoy, in the use and benefit of said Academy or Church. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate, GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to Incorporate the Zebulon Female Academy, and to appoint Trustees for the same, and to consolidate the funds of the Zebulon Academy, and those of the Zebulon
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Female Academy, in the county of Pike, and to Incorporate the Red Oak Academy, and Friendship Academy, in Pike county, and appoint Trustees for each. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Robert Walker, John Hall, Richard S. Walker, Jeptha V. George, Thomas B. Daniel, and William Harris, and their successors in office, are hereby appointed Trustees for the Zebulon Female Academy; and that Evans Shannon, Robert Allen, Isaac Williamson, William M. Bethune, and William H. Simmons, and their successors in office, be, and they are hereby appointed Trustees for the Red Oak Academy, in Pike county; and that John H. Milner, Henry Jones, Robert F. Crawford, Thomas Johnson, and John A. Davenport, and their successors in office, be, and they are hereby appointed Trustees for the Friendship Academy, in Pike county. Sec. 2. And be it further enacted by the authority aforesaid , That the Trustees aforesaid, for each of said Academies, are hereby declared to be a body corporate, by the name and style of the Trustees of the Zebulon Female Academy; the Trustees of the Red Oak Academy; and the Trustees of Friendship Academy, in the county of Pike; and as such, the Trustees of each of said Academies, are hereby declared to be a body corporate, and shall be capable of sueing and being sued, to plead and be impleaded, and doing other acts and things which may be necessary to the execution of the trust confided to the Trustees of each of said Academies; and for that purpose, the Trustees for each of said Academies, may have and use a common seal, appoint such officers as a majority of the Trustees of each of said Academies may think proper, and remove them for misconduct or neglect of duty. Sec. 3. And be it further enacted by the authority aforesaid , That the Trustees of each of said Academies, shall be capable of accepting and holding all manner of property, both real and personal, and all bequests, gifts, donations, privileges and immunities whatsoever, which may belong to each of said Academies, or which may hereafter be made or transferred to the Trustees of each of said Academies, or a majority of the Trustees of each, or their successors in office; and the Trustees of each, are hereby authorized to make such by-laws and regulations as they may deem expedient and proper: Provided , such by-laws and regulations are not repugnant to the Constitution and Laws of this State, or the United States. Sec. 4. And be it further enacted by the authority aforesaid , That should any vacancy occur, by death, resignation, or
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otherwise, of any of the Trustees of each of said Academies, that it shall be the duty of the remaining Trustees to fill the Board of Trustees by appointment of others. Sec. 5. And be it further enacted by the authority aforesaid , That the funds of the Zebulon Academy, and those of the Zebulon Female Academy now on hand, or which may hereafter be on hand, shall, from and after the passage of this act, constitute one fund, and be under the direction and control of a majority of the Trustees of both Institutions. Sec. 6. And be it further enacted by the authority aforesaid , That all laws, or parts of laws, militating against this be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate, GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to amend an act entitled an act, to incorporate the Potaula Male and Female Academy, in the 19th District of Stewart county, passed the 24th day of December, 1836. Section 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 so much of the act, passed the 24th day of December, 1836, Appointing Joseph H. Keen, John D. Coton, Elisha Venson, James Jourdan, H. L. Evans and Robert Kalb, Trustees of the Potaula, Male and Female Academy, of the 19th District of Stewart county, may be repealed. Sec. 2. And be it further enacted , That Hugh F. Rose, William H. Brooks, James Parot, John S. Randol and Samuel Andrews, be appointed Trustees of Potaula Academy, in the 19th District of Stewart county, and their successors in office. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate, GEORGE R. GILMER, Governor Assented to, 23d December, 1837.
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AN ACT to repeal a part of an act entitled an act, to incorporate certain Academies therein mentioned, and to appoint Trustees for the same, and to appoint Trustees for others therein named, and for other purposes, passed 22d December, 1832. Section 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 that part of the aforesaid act, so far as it relates to the appointment of Trustees of the Pine Grove Grammar School, in the county of Monroe, be, and the same is, hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate, GEORGE R. GILMER, Governor. Assented to, 15th December, 1837. AN ACT to Incorporate the Female Seminary, in the county of Gwinnett, and to appoint Trustees for the same. Section 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, John S. Wilson, N. L. Hutchins, R. S. Norton, J. P. Simmons, B. S. Pendleton, Matthew Crawford, B. M. Powell, J. B. Tripp, and Henry P. Thomas, be, and are hereby appointed Trustees of the Lawrenceville Female Seminary, in the county of Gwinnett, 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 Lawrenceville Female Seminary. 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, and are capable of sueing and being sued, of pleading and being impleaded, in the several Courts of Law and Equity in this State, of making all necessary bye-laws for their government, of holding titles 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 do all other things, and of enjoying all other immunities, not inconsistent with the Constitution, and the Laws of this State, which may be for the well being of said Corporation.
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Sec. 3. And be it further enacted , That when a vacancy shall occur in said Board, by the operation of the Constitution and by-laws, which have been, or may hereafter be adopted by the Constitution, to the erection of said Seminary, or by death, resignation or otherwise, the said vacancies shall be filled, as pointed out in said Constitution and by-laws. Sec. 4. And be it further enacted , That whereas, the said Seminary has been erected by a Joint Stock Company, each contributor having a right to vote in a certain proportion, as pointed out by the by-laws governing said Company, to the amount subscribed, it shall not be lawful for the Trustees to sell, alienate or convey at any time, the lands, tenements or other property in anywise belonging to said Seminary, or any part thereof, without the consent of the owners of a majority of said Stock, obtained at a public meeting of the Stockholders. Sec. 5. And be it further enacted , That the Trustees aforesaid, or a majority of them, shall have power to employ Teachers from time to time, and to appoint a Treasurer, or other officer if expedient, to put at interest, if expedient, any momes belonging to said Institution, or that may be, by donation, tuition or otherwise, become a part of the fund thereof. Sec. 6. And be it further enacted , That said Seminary shall stand upon the same footing, and be entitled to draw an equal portion of the Academical funds with the other Academies in the county of Gwinnett, that may be set apart from time to time, by the Legislature of Georgia, or its authorities, or that may now stand for distribution. Sec. 7. 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, GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to incorporate certain persons Trustees of the Wesley Manual Labor School, in the county of Houston, and secure certain donations as a permanent endowment for the same. Section 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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James O. Andrew, Ignatius A. Few, Samuel J. Bryan, Lovick Pierce, William Arnold, William J. Parks, Thomas Sanford, Samuel Anthony, Charles Hardy, Sam'l K. Hodges, James Paine, Caleb W. Key, George F. Pierce, William Choice, Thomas C. Benning, Alexander Speer, James E. Evans, Elijah Sinclair, Isaac Boring, James A. Everit, Reuben H. Lucky, Allen Wiggins, Mathew Dawsey, A. S. Edgeworth, Alexander Smith, Carlton Welborn, Donald B. Jones, Joel Walker, James Wimberly, Noah Lang, Reuben E. Brown, James Dean, Isaac H. Smith, Daniel F. Wade, Samuel Jenkins, and Issac Taylor, be, and they are, hereby appointed Trustees of the Wesley Manual Labor School, in the county of Houston. Sec. 2. 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 make such by-laws and regulations as may be necessary for the government of said school: Provided , such laws and regulations be not repugnant to the constitution and laws of this State. Sec. 3. And be it further enacted by the authority aforesaid , That the said Trustees, and their successors in office, under the name and style aforesaid, may use a common seal, and shall be, and are hereby, declared to be capable of sueing and being sued, pleading and being impleaded, contracting and being contracted with, and using all means necessary and lawful for securing and defending any money, property, debt, or demands, which do now or may hereafter belong to said institution; and for receiving all grants, gifts, bequests, devises, or conveyances of property, of any and all descriptions whatsover. Sec. 4. And be it further enacted by the authority aforesaid , That the said Trustees, and their successors in office, shall be entrusted with, and entitled to, all manner of property, both real and personal, all donations, grants, gifts, bequests, legacies, privileges, and immunities, whatsoever, which may now belong to said institution, or which may hereafter be made or conveyed to it; and that no misnomer of the Corporation shall prevent its rights from resting where it appears, or can be ascertained, it was the intention of the party, or parties, to sell, give or bequeath any property, real or personal, or any right or interest, to the said Corporation. Sec. 5. And be it enacted by the authority aforesaid , That whereas James Abbington Everit, of Houston county, hath made a donation of twenty-five thousand dollars, designed as a permanent fund, no part of which is ever to be used, but set apart, and vested in some profitable stock, or put out on loan, and the interest thereon alone shall be employed by said Trustees, and appropriated every six months towards the payment of the salaries of the officers of said School.
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Sec. 6. And be it further enacted by the authority aforesaid , That the said Trustees, and their successors in office, shall be entrusted with and entitled to all manner of property, real and personal, all donations, gifts and grants, which may in any way be offered to said Trustees, to increase the endowment of said institution; and if at any time the interest of said fund should be more than sufficient to pay the officers of said School, the surplus of the interest shall be appropriated to educate such orphan boy or boys as may be selected by said Trustees. Sec. 7. And be it further enacted by the authority aforesaid , That said Trustees may appoint and remove all their officers, and compel them to give bond and security, according to the by-laws of the institution; and that said Board of Trustees, and their successors in office, shall have power to remove any member of the Board for any violation of their by-laws: Provided , no member of said Board shall be removed until he is fully indemnified for all responsibilities for the payment of money, which he may have incurred as a member of the Board of Trustees, as aforesaid. Sec. 8. And be it further enacted by the authority aforesaid , That when any vacancies may happen in said Board of Trustees, by resignation, removal, or otherwise, that the ministers and preachers of the Methodist Episcopal Church, composing the Georgia Annual Conference, when in conference assembled, shall have the privilege of filling all such vacancies as may occur in the trust now filled by the first nineteen named incumbents, viz: J. O. Andrew, I. A. Few, S. J. Bryan, L. Pierce, W. Arnold, W. J. Parks, T. Sanford, S. Anthony, C. Hardy, S. K. Hodges, J. Paine, C. W. Key, G. F. Pierce, W. Choice, T. C. Benning, A. Speer, J. E. Evans, E. Sinclair, and J. Boring; so that at all times, nineteen of the thirty-six shall hold their office by the appointment of the aforesaid Conference, whose certificate, signed by the President for the time being, of said Conference, and witnessed by the Secretary thereof, shall be sufficient evidence of such appointment; and the said Board of Trustees shall fill up any vacancy that may occur in the remaining seventeen incumbents of the Trust. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate, GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AGRICULTURE, c. AN ACT to incorporate the Board of Agriculture and Rural Economy, of the State of Georgia. Whereas, the use of organized Societies for the cultivation of Art and Science, have been abundantly tested by the experience of all civilized nations. And whereas, Agricultural Husbandry, has ever been, and must continue to be, the great source of national and individual wealth to the State of Georgia; the position, benefit and fruits of which fail to be greatly augmented by a liberal diffusion of that knowledge, which may be required by the most experienced and successful of our own, and the Farmers of other countries. And whereas, for the purpose indicated, it is deemed expedient to establish Institution, under the auspices of the State Government. Section 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 of the Eastern Judicial Circuit, or District of this State, Thomas Spaulding, Thomas B. King, James H. Cooper and William C. Daniel. Of the Middle Judicial Circuit, or District of this State, George Twiggs, Paul Fitzsimmons, Roger L. Gamble and Alexander J. Lawson. Of the Northern Judicial Circuit, or District of this State, Joel Crawford, Peter Lamar, Absalom Jones and Henry Lockhart. Of the Ocmulgee Judicial Circuit, or District of this State, Farish Carter, Josiah Fluornoy, Thomas Moughon and Thomas Stocks. Of the Flint Judicial Circuit, or District of this State, Allford Cloptan, James Thweat, Josiah Perry and John L. Blackman. Of the Western Judicial Circuit, or District of this State, Richard W. Habersham, Joseph Dunigan, Augustus S. Clayton and Thomas W. Harris. Of the Southern Judicial Circuit, or District of this State, George M. Troup, John Rawles, Howell Cobb, Hartwell H. Tarver snd Burwell Jordan. Of the Coweta Judicial Circuit, or District of this State, Edmund Harris, Thomas McCoy, John Griffin and Alfred Wellborn. Of the Chattahoochie Judicial Circuit, or District of this State, Norbone B. Powell, John H. Howard, James Holmes and Samuel Williams.
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Of the Cherokee Judicial Circuit, or District of this State, Ashley Obar, John T. Story, Eli McConnell and Turman Walthall Be, and they are, hereby created a body corporate, to be known and styled the Board of Agriculture and Rural Economy, for the State of Georgia, to be entitled to the use of a Common Seal, and invested with the usual powers and privileges of corporate bodies, subject, however, to the modifications and restrictions prescribed by this act. Sec. 2. And be it further enacted by the authority aforesaid , That the said Corporation shall have perpetual succession, and shall have power to fill all vacancies that may be occasioned by death, removal or otherwise, of its own Members, and to appoint such officers and agents as it may deem necessary, to the service for which said Board is created. Provided , that no person shall be eligible to appointment as a Member of said Board, whose usual place of residence is within the limits of any Judicial Circuit, or District, in which, as many as four Members, at that time reside. Sec. 8. And be it further enacted by the authority aforesaid , That said Board shall hold a stated meeting on the 3d Monday in November, at the seat of the State Government, in each year, and at such other times and places as it may direct. Sec. 4. And be it further enacted by the authority aforesaid , That each Agricultural Society, or Club in this State, by whatever name called, shall be authorized to send one Delegate to the stated meetings of said Board, which Delegates shall be entitled to seats, and to a participancy in the deliberations and discussions of said Board, but not to a vote in the determination of any question. Sec. 5. And be it further enacted by the authority aforesaid , That it shall be the duty of said Board to enquire into the state and condition of Agricultural Husbandry throughout the State, and into every subject and matter connected with the interests thereof, and from time to time, make such communication to uching the same, to the General Assembly, and to the public, as said Board may deem will be for the general benefit. Sec. 6. And be it further enacted by theauthority aforesaid , That it shall be the duty of his Excellency the Governor, for the time being, to assign an apartment in the State House, or some other public building at the seat of the State Government, suitably furnished for the accommodation of said Board. Sec. 7. And be it further enacted by the authority aforesaid , That said Board shall have power to pass all by-laws, rules and regulations for its own government, not repugnant to the Laws and Constitution of this State. Sec. 8. And be it further enacted by the authority aforesaid ,
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That the presence of ten Members, at any stated or adjourned meeting, shall constitute and form a quorum for the transaction of business. Sec. 9. And be it further enacted by the authority aforesaid , That said Board shall have power and authority to declare the seat of any Member vacant, and to fill the same by a new appointment, who shall, without giving cause of excuse, absent himself from two successive annual stated meetings of said Board. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. APPROPRIATIONS. AN ACT to amend the fifth section of an act passed 1836, entitled 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 manner of doing the same. Section 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 fifth section of the above recited act be amended by inserting after the word forage, the word arms, and after the words Cherokee counties, or other bodies of Georgia militia, as were engaged and ordered into the defence of the frontier of said State previous to the organization of said campaigns. Sec. 2. And be it further enacted by the authority aforesaid , That his Excellency the Governor be, and he is hereby required to play all reasonable and necessary expenses contracted for provisions and forage, together with all accounts for blankets, cooking utensils, and shoeing horses, including express money, which may have been contracted by the commanding officer of any company, or by the authority of such officer, or by the privates of any company, or any subordinate officers, while on their march from their homes to the place of rendezvous, where they were mustered into the service of the United States: which company was mustered into the service of the United States since the first day of January last, to operate
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against the Creek Indians; and that he pay for all horses lost in battle, or which may have died from such service, belonging to such company, or any member or private thereof, together for all arms lost in the battle with any body of Indians, and all necessary and reasonable expenses incurred by such volunteers, for medical attention and nursing, either while on their march from or to their homes, either before or after they were mustered into the service of the United States: Provided , such volunteers could not obtain the services of the Surgeon of the United States' army, and that where any officer or private may have performed the duties of Quarter-Master for any such companies, that he be paid for the time he may have rendered such service, the same pay to which the Quarter-Master of a Regiment, regularly in the service of the United States would be entitled, while in the service of the United States; and where any physician shall have been employed to render medical aid to such companies, he shall receive, for the time of such service, the same pay to which a surgeon in the United States' army is entitled. And all accounts under this act shall be audited and paid as all accounts under the act of which it is amendatory. Sec. 3. And be it further enacted by the authority aforesaid , That the provisions of this act shall be, and they are hereby, extended to all volunteers from this State in the Florida campaigns of 1835 and 1836, whether mustered into the service of the United States or not, where such expenses were incurred before they were mustered into the service, or have not been paid by the General Government. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to appropriate monies, and to provide for the payment of services rendered in the prosecution of the war with the Creek Indians, and for arms and ordnance stores lost, used and employed in said services, and for the payment of forage and subsistence furnished to said troops, and for the transportation of the same. Section 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 all persons who were engaged in the pursuit of any Indians, or in prosecuting the war against the said Creek Indians, who were never regularly attached to any company, battalion, or regiment, and who are not, and have not been, included in any muster roll or any account that has been heretofore made out and rendered and paid by the State or the United States, shall be entitled to have and receive the same pay for their services as if they had been regularly attached to some company, battalion, or regiment, and had been regularly mustered in the service of the United States; and it shall be the duty of his Excellency the Governor, to draw his warrant on the Treasurer of this State for the amount of the same: Provided , the said account is proven by the affidavit of the person or persons demanding payment for the same, and the affidavit of two or more witnesses accompanying the same, the Comptroller General having first audited and passed said account. Sec. 2. And be it further enacted by the authority aforesaid , That all and every person who has furnished military stores, either guns, powder, lead, or other munitions of war, to be used or was used in the service, or the use of any fire-arms and munitions that were temporarily used or employed, and thereby demaged or injured by said use, so as to affect and deteriorate from the value of the same, in suppressing the hostilities of the Creek Indians in the late war with the same, shall be entitled to have and receive the reasonable value of said military stores, guns, powder, lead, or other munitions of war, so taken, had, used, or to be used aforesaid; and, also, shall have and receive the reasonable value or amount of any injury which he, she or they may have sustained, for the use and damage of any guns, arms, or munitions of war, used and employed in said service aforesaid, in the same way and on the same terms and in the same manner as prescribed in the foregoing section of this act; and said account shall be proved, audited, and paid agreeable to the provisions of the said recited section. Sec. 3. And be it further enacted by the authority aforesaid , That any and every person who may have furnished any person or persons, as contemplated by the first section of this act, with forage and subsistence, during the time they were engaged in said service, as mentioned in said section, shall be entitled to have and receive payment for the same, upon the presentation of their accounts, proven according to the provisions of the foregoing first section, and audited accordingly; his Excellency the Governor shall draw his warrant for the same on the Treasurer, as provided for in the payment of the accounts in the said first section of this act: Provided , said accounts shall not exceed what would constitute the amount of forage
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and subsistence of the same under the rules and regulations of the army of the United States. Sec. 4. And be it further enacted by the authority aforesaid , That any person or persons who may have had wagons employed, and who may have been engaged in the transportation of forage, subsistence and ordnance stores, in the prosecution of the service, and for the use of the troops as engaged in the service, as contemplated by this act, shall be entitled to have and receive payment for the same, upon the presentation of their said accounts, proven agreeable to the rules prescribed in the first section of this act, and audited as aforesaid in the said first section; it shall be the duty of his Excellency the Governor, to draw his warrant in favor of the same on the Treasurer of this State, who shall pay all warrants drawn under the provisions of this act, out of any monies in the Treasury not otherwise appropriated. Sec. 5. And be it further enacted by the authority aforesaid , That his Excellency the Governor be, and he is hereby, requested to employ the necessary means to have the monies hereby paid out, under the provisions of this act, to have the same reimbursed by the Government of the United States. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT to appropriate money for the support of Government for the political year eighteen hundred and thirty-eight. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the following sums of money be, and the same are, hereby appropriated for the political year 1838, viz: The salary of his Excellency the Governor, shall be four thousand dollars per annum. The Secretaries of the Executive Department, not exceeding three, twelve hundred and fifty dollars each, per annum. The Secretary of State, two thousand dollars per annum. The Surveyor General, two thousand dollars per annum. The Treasurer, two thousand dollars per annum. The Comptroller General, two thousand dollars per annum.
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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 Senate and Clerk of the House of Representatives, until the Executive shall have satisfactory evidence that said Secretary of Senate and Clerk of the House of Representatives, have respectively made, or caused to be made, and attached to the Journals of the present session, good and sufficient indices. The Judges of the Superior Courts, twenty-one hundred dollars each, per annum. Sec. 2. 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-eight. Sec. 3. 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 year eighteen hundred and thirty-eight. Sec. 4. And be it further enacted by the authority aforesaid , That for the compensation of the Members of the Legislature, five dollars each per day, during their attendance: Provided , that nothing herein contained 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 of the session, be appropriated, and 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 to, and returning from, the seat of Government. To the Clerk of the House of Representatives, and Assistant Clerk, and Secretary of 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, seven 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 and fifty.
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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 Doorkeepers of the Legislature, six dollars each per day, during the present session. 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. 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 and twenty-five 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. 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. Sec. 5. And be it further enacted by the authority aforesaid , That the sum of twelve thousand four hundred and fifty dollars in addition to the sum already expended, be, and the same is, hereby appropriated, to be paid to the administrators of Oliver H. Prince, in payment for three thousand four hundred and ninety volumes of the new edition of Prince's Digest, as provided by a joint resolution of the Legislature, and that his Excellency the Governor, pay the same out of any money in the Treasury not otherwise appropriated. Sec. 6. And be it further enacted by the authority aforesaid , That to Obadiah Echols, late Surveyor General, for recording one hundred and eighty-four ungranted Head Right Plats, in obedience to an act of 1835, at thirty-one and a quarter cents each, the sum of fifty-seven dollars and twenty-five cents; and to John Brewster, late Surveyor General, for the recording of five hundred and fifty-five ungranted Head Right Plats, a thirty-one and a quarter cents each, the sum of one hundred and seventy-three dollars and forty-three and three-quarter cents. Sec. 7. And be it further enacted by the authority aforesaid That the sum of ten dollars and twenty cents, with interest from the 26th March, 1829; of ten dollars and twenty cents, with interest from the 11th September, 1829; and the sum of ten dollars and twenty cents, with interest from 30th August, 1830 be, and the same is, hereby appropriated to Lewis Dowdle, for money paid by him, on account of Lot No. 574, in the town of Columbus, which Lot was sold by mistake to the said Dow dle, by the Commissioners of the State, when the same had
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been sold before, and bought and paid for by Seaton Grantland; two hundred and fifty dollars for M. Sheftall, Jr., as compensation for his services and expenses, as an agent of this State, sent by the Governor of the same, to Maine, to demand of the Governor thereof, Killeran and Philbrook, fugitives from justice. Sec. 8. And be it further enacted by the authority aforesaid , That the sum of five hundred dollars be paid to William L. Mitchell, and a like sum to Junius F. Hillyer, as a compensation for their services, in examining the second edition of Prince's Digest, in pursuance of Executive appointment. Sec. 9. And be it further enacted by the authority aforesaid , That the Directors of the Central Bank, be instructed to pay the appropriations of this act, out of any current money in the Central Bank, without reference to the amount of the issues of said Bank. Sec. 10. And be it further enacted by the authority aforesaid , That the sum of thirty-six dollars and twenty-five cents, be, and the same is, hereby appropriated to Thomas F. Gordon, of Walker county, for damage, cost and Attornies' fees, in the case of Robert Benge, an Indian countryman, versus said Thomas F. Gordon, in Walker Superior Court, September Term, 1837, for false imprisonment, which said amount was paid by the said Thomas F. Gordon. Sec. 11. And be it further enacted by the authority aforesaid , That the sum of one thousand dollars, or so much thereof, as shall be necessary for payment of General Daniel Newnan, as compensation for his services as State's Agent, to the State of Tennessee, in compliance with a resolution of the Legislature of this State, at the rates of five dollars per day, while engaged in said service, and at the rates of five dollars, for every twenty miles in going to, and returning from, the seat of Government in Tennessee, be, and the same is, hereby appropriated, to be paid out of any money in the Treasury, not otherwise appropriated. Sec. 12. And be it further enacted by the authority aforesaid , That the sum of fifty dollars be set apart, and applied by his Excellency the Governor, for the erection of suitable shelves, on which to place the Journals and Laws in chronological order, and that the sum of one thousand dollars, or so much thereof as may be sufficient for the binding of twenty copies of each year, of the Journals of both branches of the Legislature to the present period, to be deposited in the Library. Sec. 13. And be it further enacted by the authority aforesaid , That the sum of five hundred dollars, or so much thereof, as may be necessary, be, and the same is, hereby appropriated to the Justices of the Inferior Court of Stewart county, to reimburse the county for such sum as they may have expended and
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incurred in the detention and prosecution of Dave Hardage and other Creek Indians, charged with the offence of Murder; and that said accounts be audited by the Comptroller General, and paid when passed by that officer. Sec. 14. And be it further enacted by the authority aforesaid , That the sum of five thousand dollars, be, and the same is hereby appropriated to furnish the Government House in the progress of erection, and that the same be drawn by warrant of the Governor, and expended under the direction of the building committee, and the further sum of one dollar per day, to Jesse C. Farrar, in addition to his pay, as Engrossing Clerk, to engrossing the Journals of the House of Representatives. Sec. 15. And be it further enacted by the authority aforesaid , That the sum of ten dollars be paid to A. J. Lawson, the Senator from Burke county, as a balance due him for mileage at the last Session of the Legislature, a mistake having occurred in his settlement with the Treasury. Sec. 16. And be it further enacted by the authority aforesaid , That the sum of three hundred and fifty thousand dollars be, and the same is, hereby appropriated, for the construction of the Western and Atlantic Rail Road. Sec. 17. And be it further enacted by the authority aforesaid , That the sum of two hundred dollars be, and the same is, hereby appropriated, to be paid to William A. Tennille, Secretary of State, for extra services in superintending, and examining the proof sheets in the printing of the Laws and Journals of the last year, agreeable to the recommendation of the Committee on Printing. The Attorney General, and Solicitors Generals, two hundred and twenty-five dollars each, per annum. And six dollars per day for the Clerks in the office of Treasurer and Comptroller General; six dollars per day to the several additional Clerks in the office of the Surveyor General and Secretary of States' office, and seven dollars per day for the Enrolling and Engrossing Clerks. To John G. Park, Comptroller General, the sum of seven hundred and fifty dollars, to remunerate him for expenses of Clerk hire, for the year 1837; and the sum of two hundred and fifty dollars, for extra services required and performed by him, in compliance with the duties required by the act of the last session of the Legislature, requiring all accounts against the State, to be audited and certified by the Comptroller General. To Bolling H. Robinson, Clerk to the Committee on Privileges and Elections, the sum of one hundred dollars. Sec. 18. And be it further enacted by the authority aforesaid , That the sum of one hundred thousand dollars, or so much thereof, as shall be necessary for that purpose, be appropriated, to pay such expenses as shall be incurred by this State, under
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the provisions of an act entitled an act, to provide for the protection of the people of the Cherokee country, and for the removal of the Cherokee and Creek Indians, from the limits of this State. Sec. 19. And be it further enacted by the authority aforesaid , That the sum of four thousand dollars be, and the same is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to defray the expenses of an Agent of this State, to be appointed by his Excellency the Governor, to repair to London, for the purpose of procuring the Colonial Records or copies thereof, now in the Colonial Department of Great Britain, that relate to the history and settlement of this State. Sec. 20. And be it further enacted by the authority aforesaid , That his Excellency the Governor, be, and he is, hereby authorized and required, to cause the Banister and Railing, which formerly divided the Lobby from the Senate Chamber, to be re-placed, and that he cause the Gallery of the Senate Chamber to be enlarged, so that the same shall correspond in size and form of the Gallery of the House of Representatives; and that to accomplish these objects, the sum of one thousand dollars be, and the same is, hereby appropriated, out of any money in the Treasury, not otherwise appropriated. Sec. 21. And be it further enacted by the authority aforesaid , That the sum of fifty dollars be paid to William Ezzard, of DeKalb county, for professional services rendered the State of Georgia, in defending a scire facias in Cherokee Superior Court, in favour of William W. B. Key, against William N. Crombie. Sec. 22. And be it further enacted by the authority aforesaid , That so much of the principal of the sum of money heretofore appropriated to the improvement of Brier Creek, as was returned by the Commissioners of said Creek to the Treasury of the State, be, and the same is, hereby re-appropriated, for the purpose of being applied to the erection and completion of cause ways over said Creek, in Scriven county; and that the said sum be paid by the Governor, to the order of the Inferior Court of said county, to be by them applied as hereinbefore directed. Sec. 23. And be it further enacted by the authority aforesaid , That the sum of five hundred dollars, or so much thereof, as will be sufficient to reimburse the several losses incurred by the Gwinnett Company of Volunteers, consisting of money which was burned in the house at, and during the battle of Shepherd's Plantation, on the 9th day of June, 1836, be, and is hereby appropriated. Sec. 24. And be it further enacted by the authority aforesaid , That his Excellency the Governor, be, and he is, hereby authorized
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to draw his warrant upon any funds in the Treasury, not otherwise appropriated, for such amount of money as may be necessary, to complete the payment for the Wooden Railing now in progress, around the State House Square. Sec. 25. And be it further enacted by the authority aforesaid , That the sum of one hundred and fifty dollars, be, and the same is, hereby appropriated to Doctor Clement Forbes, of Troup county, for damage done his shop of Medicines, and for Medical services rendered the 701st District, G. M., and Captain Sledge's Company of Cavalry, and other Companies rendezvoused at West Point, during the Creek War. Sec. 26. And be it further enacted by the authority aforesaid , That his Excellency the Governor, do draw his warrant on the Treasury, in favor of Joseph Sturgis, the present Clerk of the House of Representatives, for the sum of six hundred dollars, appropriated in a foregoing section of this act, the same to be paid agreeable to the provisions contained in said section, making said appropriation; the said Joseph Sturgis first causing to be affixed, good and sufficient index to the Journals of the House of Representatives. And the sum of fifteen thousand dollars be, and is hereby appropriated, as a Penitentiary Fund, to defray the expenses of the Institution, and payment of the debts now due by the same. Sec. 27. And be it further enacted by the authority aforesaid , That the sum of eighteen dollars and thirty cents be paid to Thomas J. Holmes, Senator from the county of Baker, for the year 1836, being the balance due him, for mileage not paid him heretofore. Sec. 28. And be it further enacted by the authority aforesaid , That the sum of twenty thousand dollars be, and the same is, hereby appropriated, for the erection of a Lunatic Asylum, under the supervision of the Governor and a Medical Committee. And eight hundred dollars, to one Clerk in the office of Secretary of State; and eight hundred dollars, to one Clerk in the office of the Surveyor General. Sec. 29. And be it further enacted by the authority aforesaid , That the Index, in a state of forwardness by William McMurray and Andrew G. LaTaste, to the Record Books of the Surveyor General's office, when completed, be submitted to the inspection of the Surveyor General, the Secretary of State, the Comptroller General, the Treasurer, and Benjamin T. Bethune, Esq., who, or a majority of them, shall award the compensation to which the said William McMurray and Andrew G. LaTaste, may be entitled for the same, and report it to his Excellency the Governor, who shall thereupon draw his warrant upon the Treasurer in their behalf, for the sum so awarded, to be paid out of any money in the Treasury, not otherwise appropriated.
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Sec. 30. And be it further enacted by the authority aforesaid , That the sum of twelve hundred and fifty dollars be appropriated, as the compensation of an extra Clerk in the Executive Department, to audit Military accounts, and for other services required in that Department. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 23rd, 1837. ASYLUM. AN ACT to authorize the erection, in this State, of a Lunatic Asylum. Section 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, his Excellency, the Governor, shall appoint two fit and proper persons who shall construct, and be denominated a building committee, to superintend, under their direction, the erection, to be located in some central point in this State, that may be deemed most desirable by the Governor, under the advice of Medical gentlemen, a Lunatic Asylum, the particular locality of said edifice. And moreover, having obtained the best information on the subject within their reach; and for that purpose, one of their number may go to Columbia, South Carolina, or elsewhere in the United States, where there is an Institution of the kind, who shall be entitled to a reasonable extra compensation, to be fixed by the next General Assembly; the committee shall, under the direction as aforesaid, be authorized to exercise a sound discretion in regard to the material, size, order of architecture, proper form and construction of an edifice best adapted to such an Institution, and that said discretion, as to the probable cost of any building which may be commenced, be exercised with reference to the sum which may be voted by this act, and the said committee shall proceed as early as may be convenient, to contract for rearing the edifice with some competent individual or individuals, and have the work commenced so soon as practicable; and it shall be the duty of the committee; and this is an obligation which the Legislature expressly and emphatically imposes on them by this most solemn enactment, to visit the
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work once a week, according to such discretion as they would exercise in defence of their own interests if acting for themselves as individuals, and they shall report their proceedings in the premises to the General Assembly at its next session. Sec. 2. And be it further enacted by the authority aforesaid , That the said committee shall give bond and security to the Governor for the time being, and his successors in office, in the sum of ten thousand dollars, for the faithful discharge of their duty. Sec. 3. And be it further enacted by the authority aforesaid , That his Excellency the Governor shall appoint some intelligent Medical gentlemen, and suitable individual, whose duty it shall be to collect information in regard to the proper and usual internal regulations and police of such institutions, and report the same to the Legislature at its next session. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT to authorize Uriah G. Mitchell of the county of Harris, and William Rabun Shivers of Muscogee, and Charles A. Magill, to plead and practice Law and Equity in this State. Section 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 [Illegible Text] and after the passage of this act, Uriah G. Mitchell of the county of Harris, William Rabun Shivers of Muscogee, and Charles A. Magill, be, and they are hereby authorized to plead and practice Law as Attorneys, Counsellers and Solicitors of the several Courts of Law and Equity in this State, upon their undergoing an examination in open Court, according to the laws of this State. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23rd December, 1837.
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AN ACT to admit Andrew J. Baldwin of Bibb, John Benjamin Higdon, Walter B. Harvey, James Milner, and John R. Alexander of Gwinnett, to plead and practice Law in the several Courts of Law and Equity in this State, and to prescribe their liability touching the same. Section 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 John Benjamin Higdon of Warren county, Andrew J. Baldwin of Bibb, Walter B. Harvey of Bibb county, James Milner, and John R. Alexander, be, and they are hereby authorized and admitted to plead and practice Law in the several Courts of Law and Equity in this State, upon their undergoing an examination in open Court, according to the Laws of this State. Sec. 2. And be it further enacted by the authority aforesaid , That the said John Benjamin Higdon, Walter B. Harvey, Andrew J. Baldwin, James Milner, and John R. Alexander, shall, upon their undergoing said examination and admittance, be held, deemed, and considered liable and responsible for all their contracts and acts, in the same manner and to the same extent as if they were of full age. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. BANKS. AN ACT to repeal the fourth section of the act of Incorporation of the Marine and Fire Insurance Bank of the State of Georgia, and to amend the same. Section 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, so much of the fourth section incorporating the Marine and Fire Insurance Bank of the State of Georgia, be, and the same is hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That in lieu of said fourth section, the following section shall be inserted and taken as part of said act of Incorporation, to wit:
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That the said Corporation shall not 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 not at any time refuse or nelect to pay on demand any bill, note or obligation issued by the Corporation, according to the contract, promise or undertaking therein expressed, the person or persons entitled to receive the same, then and in every case the holder of such note, bill or obligation, shall respectively be entitled to receive and recover interest on the same, until the same shall be fully paid and satisfied, at the rate of ten per cent. per annum, together with the lawful interest thereon, from the time of such demand as aforesaid, and the persons and property of the Stockholders in the said Marine and Fire Insurance Bank of the State of Georgia, shall at all times be pledged and bound, in proportion to the number of dollars issued upon each of the share or shares that each individual or company hold, possess, are interested in, or entitled to in the said Bank for the payment and discharge of the debts or contracts of said Bank, or for the ultimate redemption of all notes or bills issued, or that may be hereafter issued by and from the said Bank, in the same manner as implications of debt or common commercial cases. Sec. 3. And be it further enacted by the authority aforesaid , That the Marine and Fire Insurance Bank shall not be permitted to enjoy any of the benefits of this act repealing the penalties and forfeitures contained in the charter of said Bank, unless said Bank shall consent to renounce all further exercises of their privileges of taking risk and Insurance, as authorised by said charter, and shall communicate the said communication to his Excellency the Governor. Sec. 4. And be it further enacted by the authority aforesaid , That the provisions of this act shall not extend to said Bank until the said Bank shall notify the Governor, as provided for in the foregoing section. 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. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837.
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AN ACT to authorize the Directors of the Central Bank to borrow a certain sum of money therein named for the use of the State. Section 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 Directors of the Central Bank, be, and they are hereby authorized to borrow on the credit of the State, for the period of twelve months, a sum of money not exceeding seven hundred and twenty-five thousand dollars, at a rate of interest not exceeding lawful interest, for the purpose of meeting the expenditures of the Government, for the political year 1838, to be raised in such amounts and at such times as the said Directors shall believe necessary to meet such expenditures. Sec. 2. And be it further enacted by the authority aforesaid , That the money borrowed under this act shall commence to draw interest when the same shall be received by the said Directors or Agents, and shall be payable twelve months from that date. Sec. 3. And be it further enacted by the authority aforesaid , That the Directors of said Bank be instructed to pay said loan, as the same shall fall due, and charge the same to the capital stock of said Bank. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to amend an act entitled an act, to incorporate the Bank of Brunswick, assented to 22d December, 1836. Section 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 capital Stock of the Bank of Brunswick aforesaid, may be increased from time to time, to an amount equal to, and to keep pace with the amount actually expended by the Brunswick and Florida Rail Road Company, in the construction and completion of their works. Sec. 2. And be it further enacted by the authority aforesaid , That the foregoing section of this act may be received in place and stead of any of the provisions of the act, of which this act is amendatory: Provided , that nothing in this act shall be so
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construed, as to make the Capital Stock of said Bank, when all of said Stock shall be paid in, exceed three millions of dollars. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT to reimburse the Bank of Columbus and Insurance Bank of Columbus, the sum of money advanced by said Banks, for the support of the Volunteers of Georgia, assembled at Columbus, at the call of the Major General; sanctioned by the Governor, in the month of June, 1836. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the sum of five thousand, eight hundred and fifteen dollars, eighty-six cents, principal, and three hundred dollars interest, be, and the same is, hereby appropriated, and set apart for the said Banks, to be paid the one half to the Bank of Columbus, and the other half to the Insurance Bank of Columbus, and that the Governor pay the same out of any money in the Treasury not otherwise appropriated. Sec. 2. And be it further enacted by the authority aforesaid , That it shall be the duty of the Governor, to make application to the Federal Government, for the reimbursement of the same. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to authorize the Directors of the Central Bank, to borrow one hundred and fifty thousand dollars, for the purpose of carrying out the promised distribution to the citizens of this State, not yet provided for. Section 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 Directors of the Central Bank, be, and they are, hereby authorized and required to borrow, on the credit of said Bank, on the best terms the same can be procured, one hundred and fifty thousand dollars, to enable them to carry out their distributions to the several counties, not yet provided for. 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. GEORGE R. GILMER, Governor. Assented to, 13th December, 1837. AN ACT to amend an act to incorporate a Banking Company, under the name of the Commercial Bank, at Macon. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That whenever a demand shall be made on the Commercial Bank at Macon, by any Bank, or Branch Bank, by itself or its agent, the Bank shall have the right of redeeming its bills thus demanded, with the bills of the Bank, or its Branches, making the demand. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December 1837. AN ACT to alter and amend the Charter of the Central Bank of the State of Georgia. Section 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 when any person may, or shall hereafter offer a note at the said Central Bank of Georgia, for a new discount, that the same shall be accompanied with an affidavit, in writing, to be made by the maker of said note, which shall state that the note offered, is for the only use and benefit of him, the maker, and not for the use, benefit or interest, of any other person or persons whatsoever, which affidavit shall be filed and kept by the Cashier of said Bank, and if any new note, as aforesaid, shall hereafter be offered for discount at said Bank, without being accompanied by an affidavit, as aforesaid, the same shall not be discounted. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. BRIDGES. AN ACT to authorize Stephen Mays, to erect a Bridge across the River Etowah, in the county of Cass, and to charge and collect toll at the same. Section 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 Stephen Mays, of the county of Cass, be, and he is, hereby authorized to erect a Bridge across the River Etowah, on his own land, at or near the site of his present Ferry, in said county, and he, and his heirs and assigns, shall be entitled to demand and collect toll at the same, at the following rates, to wit; for each road wagon, team and driver, the sum of fifty cents; for each four-wheel pleasure carriage, fifty cents; for each two-wheel pleasure carriage, twenty-five cents; for each Jersey, and other light wagon, twenty-five cents, for each horse, or ox cart, twenty-five cents; for each horse and rider, twelve and a half cents; for each footman, six and a quarter cents; for each led or loose horse, six and a quarter cents; for each
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head of nett cattle, three cents; for each head of hogs, sheep or goats, one cent. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 22nd December, 1837. AN ACT to authorize William Hobbs of the county of Talbot, to erect a Toll Bridge across Flint river on his own land, at or near a place where a road crosses said river, leading from Thomaston to Talbotton. Section 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 William Hobbs be, and he is hereby authorized to erect and establish a toll bridge across Flint river on his own land, at or near the place where the road crosses said river leading from Thomaston to Talbotton. Sec. 2. And be it further enacted by the authority aforesaid , That the said William Hobbs shall be entitled to demand and receive such rates of toll for crossing upon the said bridge as are usual and customary for crossing at the several ferries below and above said bridge on said river. Sec. 3. And be it further enacted by the authority aforesaid , That it shall be the duty of the said Hobbs, and his successors in the proprietorship of the said bridge, to keep the same at all times in good, sufficient and safe repair, and to give due attendance thereat, and if at any time damages shall happen to any person or persons or their property, by reason of insufficiency of such bridge, the non-attendance or neglect of the keeper thereof, or by the charge of more than the established rates herein authorized, the person so aggrieved or damaged shall, and may have an action against the owner of such bridge. Sec. 4. And be it further enacted by the authority aforesaid , That it shall be the duty of the proprietor of the said toll bridge to fix, as soon as the same shall be used, a board in a conspicuous situation on the said bridge, the board to be painted black, with white legible characters written on the same,
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noting the different rates of toll allowed by law as hereinbefore expressed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to authorize James Moore to establish a toll bridge across the Little Ohoopie river, on his own land, at the place where the stage road from Macon to Savannah crosses the same; and Augustus N. Verdery, or his assigns, to establish a toll bridge across the Oustanalla river, in Floyd county, on his own land, namely, on lot number one hundred and ninety-six of the twenty-third district. Section 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, James Moore shall be, and he is hereby authorized to establish, have and hold, to himself, his heirs and assigns, a toll bridge across the Little Ohoopie river, on his own land, at the place where the stage road from Macon to Savannah now crosses the same; and he is hereby authorized to ask and receive the following rates of toll from persons and wagons or other carriages crossing the said bridge, viz: for each road wagon, thirty-seven and a half cents; for each four wheel pleasure carriage, or other carriage not a road wagon, twenty-five cents; for each Jersey wagon, twelve and a half cents; for each horse and cart, twelve and a half cents; for a man and horse, six and a fourth cents; and for each horse, four cents. Sec. 2. And be it further enacted by the authority aforesaid , That the said James Moore, be, and he is hereby required to raise a good and sufficient causeway, together with such bridges as shall be necessary, across the swamp and low grounds of said river, to his said toll bridge, and keep the same in good repair. Sec. 3. And be it further enacted by the authority aforesaid , That the rights herein granted shall be forfeited whenever the said James Moore shall neglect to keep said bridge and causeway in good repair, agreeable to the intent and meaning of this act.
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Sec. 4. And be it further enacted by the authority aforesaid , That the said Augustus N. Verdery, be, and he is hereby authorized to erect a bridge across the Oustanalla river, in Floyd county, on his own land. to wit: on lot number one hundred and ninety-six, of the twenty-third district; and it shall be lawful to charge for crossing said bridge as follows: 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 wheeled pleasure carriage, twelve and a half cents; for each man and horse, twelve and a half cents; for each footman six and a quarter cents; for each head of nett cattle, two cents; for each led or loose horse, six and a quarter cents; for each head of hogs, sheep or goats, one cent. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. CENSUS. AN ACT to provide for taking the Census of the State of Georgia, in pursuance of the requirements of the twenty-fifth section of the first article of the Constitution of the State of Georgia. Section 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 Justices of the Inferior Court for the several counties of this State, or any three of them, in each county respectively, within ninety days from and after the passing of this act, to appoint one or more persons in each county, not exceeding one to each Battalion District, in each county, whose duty it shall be to take a full and accurate Census or enumeration of all free white persons, and of color, residing therein on the first day of April, one thousand eight hundred and thirty-eight. Sec. 2. And be it further enacted by the authority aforesaid , That it shall be the duty of the persons so appointed as aforesaid, to keep a book, in which shall be recorded the names of each head of a family, together with the number of persons returned by each head of family, as belonging to his or her family; distinguishing therein in separate columns, the free white
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persons from those of color, the slaves from citizens; all deaf and dumb and lunatics, in a separate column; all white male children between the age of six and sixteen years, in a separate column, and all female white children between the age of six and fifteen, in a separate column; and it shall be their duty to return the same to the Clerk of the Superior Court of their respective counties, certified under their hands and seals, on or before the first day of October, one thousand eight hundred and thirty eight. Sec. 3. And be it further enacted by the authority aforesaid , That it shall be the duty of the Justices of the Interior Court of the several counties of this State, or any one of them, before issuing an order to any persons to take the Census of their respective counties, to administer to such person or persons, the following oath, to wit: I, A. B. do solemnly swear, (or affirm as the case may be) that I will to the best of my ability do and perform all the duties required of me by law, as taker of the Census for the county of, and faithfully and duly execute the trust confided to me, so help me God. Sec. 4. And be it further enacted by the authority aforesaid , That it shall be the duty of the Clerks of the Superior Courts of the several counties of this State, on or before the first day of November, eighteen hundred and thirty-eight, to transmit to his Excellency the Governor, the returns to them made by the takers of Census for their counties respectively, under their hands and seals, to be by him laid before the General Assembly of the State of Georgia at its next session. Sec. 5. And be it further enacted by the authority aforesaid , That in case the Justices of the Inferior Courts of the several counties, or any of them of this State, shall on any account fail to make the appointment of a person or persons to take the Census or enumeration of the county, within ninety days from and after the passage of this act, then the Justices of the Peace presiding over the district in which the Court House is situated, together with any two or more of the Justices of the Peace of said county, shall have and exercise like powers respecting the taking the Census of such county as are herein given to the Justices of the Inferior Court. Sec. 6. And be it further enacted by the authority aforesaid , That if the Census or enumeration of any county, shall not be taken and returned according to the provisions of this act; then and in that event, such county shall be entitled to but one Representative in the Legislature, until the Census of such county shall have been taken and returned, in conformity to the Constitution of this State. Sec. 7. And be it further enacted by the authority aforesaid , That all persons appointed to take the Census of any county of this State, under the provisions of this act, are hereby authorized
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and required to administer to all heads of families or others, before receiving his return of Census, or the number of his family, the following oath, viz: 1, A. B. do solemnly swear, (or affirm as the case may be) that I will give in, as members of my family, only such as belonged to my family, either present or absent in the character of wife, children, slaves and boarders and free persons of colour, on the first day of April, one thousand eight hundred and thirty-eight. Sec. 8. And be it further enacted by the authority aforesaid , That each person appointed to take the Census, under the provisions of this act, shall receive as compensation, the sum of twenty-five cents for each family taken in by him. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. CHURCHES AND CAMP GROUNDS. AN ACT to incorporate the Methodist Episcopal Church at Pleasant Grove, Pike County, and to appoint Trustees for the same. Section 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 Methodist Episcopal Church, at Pleasant Grove, in Pike county, shall be known by the name of Pleasant Grove Church, and that Robert Steger, John Stewart, James Ship, James Spurlin, William Barrow and Zenis Parker 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 Pleasant Grove 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 bye-laws and regulations as may be necessary for the government of said Church: Provided , such bye-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 necessary and proper, and remove the same from office for improper conduct, or neglect of duty. Sec. 2. And be it further enacted by the authority aforesaid ,
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That the said Trustees shall be capable of accepting and being invested with all manner of property, real and personal, all donations, gifts, privileges and immunities whatsoever, which may now belong to said Church, or which may be hereafter conveyed or transferred to them, or their successors in office, to have and to hold the same, for the proper benefit, use and behoof of said Church. Sec. 3. And be it further enacted by the authority aforesaid , That any vacancy which may happen by death, resignation or otherwise, of any of the Trustees of said Church, the survivors, or a majority of them, shall fill the same, in such manner as shall be pointed out, by the bye-laws and regulations of the Trustees aforesaid. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to authorize the Wardens and Vestry of Christ Church, St. Simons Island, to sell the land belonging to said Church. Section 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 Wardens and Vestry of Christ Church, St. Simons Island, be and they are hereby authorized and empowered to sell the land belonging to said Church, at public sale, to the highest and best bidder, at the town of Fredrica, after giving sixty days notice of the time and place of sale, in two of the public Gazettes in the city of Savannah, the Darien Telegraph and the Brunswick Advocate. Sec. 2. And be it further enacted by the authority aforesaid , That the said Wardens and Vestry are hereby authorized and required to give to the purchaser or purchasers, of said land a flat thereof, and to sign a deed or deeds of conveyance therefor to such purchaser or purchasers by virtue and authority of this act. And the said Wardens and Vestry are hereby required to invest the money received for said land, in the stock of one or more of the solvent banks of this State, and to apply the dividends
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and profits arising therefrom to the support of a Clergyman for said Church, and for Church purposes. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to incorporate the Baptist Church at Rome, Floyd County. Whereas, a Religious Society has been established and dedicated to the Lord in the town of Rome, and of the Baptist denomination. Section 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 Wesley Shropshire, Elijah Lumpkin, Job Rogers, Thomas W. Burton and Alford B. Reace, and their successors in office, of the same faith and order, shall be and are hereby declared to be a body corporate, by the name and style of the Trustees of the Baptist Church, in the town of Rome, Floyd county. Sec. 2. And be it further enacted by the authority aforesaid , That the said Wesley Shropshire, Elijah Lumpkin, Job Rogers, Thomas W. Barton and Alford B. Reace, Trustees aforesaid, and their successors in office, (of the same faith and order) shall be invested with all manner of property, both real and personal, all donations, gifts, grants and hereditaments, privileges and immunities whatseover, which may belong to the said Church at the time of the passing of this act, or which may hereafter be made, conveyed or transferred to them, or their successors in office as aforesaid, shall be and they are hereby declared to be capable of suing and being sued, pleading and be impleaded, and of using all necessary legal steps for recoverng or defending any property whatsoever, which the said Church may hold, claim or demand, and also for recovering the rents issues and profits of the same, or any part thereof. Sec. 3. And be it further enacted by the authority aforesaid , That all vacancies which may happen in the said incorporation by death, resignation or otherwise, the same shall be filled up by appointment from their own body or Church, for one or
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more, as the case may be, of the same faith and order as aforesaid. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to incorporate the Trustees of the Baptist Church, in the Town of Talbotton, Talbot County. Section 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 Leonard, Francis Leonard, Mark George, Darius Scott and Wiley Jones, Trustees of the Baptist Church in the town of Talbotton, and their successors in office, shall be and they are hereby declared to be a body corporate, by the name and style of the Trustees of the Trustees of the Baptist Church of the town of Talbotton, 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 bye-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 said Trustees shall be capable of accepting and being invested with all manner of property, both real and personal, all donations, gifts, grants, privileges and immunities whatsoever, which may now belong to 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. 3. And be it further enacted by the authority aforesaid , That whenever any vacancy shall happen in said Board, by death, resignation or otherwise, the same shall be filled in such
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manner as shall be pointed out by the bye-laws and regulations established by the members, for the government of said Church. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to incorporate Jones' Creek Baptist Church, and appoint Trustees for the same. Section 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 Moses Westberry, Sen. Charles Flowers, James Flowers, William H. Parker and Henry F. Horn, and their successors in office, shall be, and they are hereby declared to be a body corporate, by the name and style of the Trustees of Jones' Creek Baptist Church, and the said Trustees and their successors in office, are hereby declared to be able and capable in law of suing and being sued, pleading and being impleaded, and to have, hold and enjoy real and personal property, for the use, purpose and benefit of said Church. Sec. 2. And be it further enacted by the authority aforesaid , That the said Trustees, and their successors in office, 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 now belong to said Church, and which may hereafter be given, conveyed or transferred to them for the benefit of said Church. Sec. 3. And be it further enacted by the authority aforesaid , That said Trustees and their successors in office, shall fill all vacancies that may occur, and pass such bye-laws for their regulations (not contrary to the State laws) as they may think proper, all laws to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS. President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837.
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AN ACT to incorporate the Upson Camp Ground, in the County of Upson, and to appoint Trustees for the same. Section 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 Peter Hollowav, James Hightower, Thomas Flewellen, Robert Collier and William G. Andrews be, and they are hereby declared to be a body corporate, by the name and style of the Trustees for the Upson Camp Ground, and that they and their successors in office, are hereby appointed Trustees for the same. Sec. 2. And be it further enacted by the authority aforesaid , That the above named Trustees and their successors in office, shall he invested with all manner of property, both real and personal, privileges and immunities whatsoever, which may belong to said Camp Ground, being east of Thomaston, about seven miles, 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, 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 or be attached to said Camp Ground, and also for recovering the rents, profits and issues of the same, or any parcel or part thereof. Sec. 3. And be it further enacted by the authority aforesaid , That whenever any vacancy shall occur among the said Trustees by death, removal, resignation or otherwise, said Trustees or a majority of them, shall have power to appoint such person or persons by ballot, as they may think proper, to fill such vacancy. Sec. 4. And be it further enacted by the authority aforesaid , That John H. Mann, Jesse Kent, Philp H. Mantz, James Bearden, Martin Wilcox and Joshua Palmer, be and they are hereby appointed Trustees of the Methodist Camp Ground, near the road leading from Spring Hill to Patterson's Bridge, on Brier Creek, in the county of Richmond, and they and their successors in the trust, are hereby made and declared a body corporate and politic, by the name and style of the Trustees of the Richmond Camp Ground. Sec. 5. And be it further enacted by the authority aforesaid , That said Trustees and their successors in trust, be and they are hereby invested with all manner of property, both real and personal, all donations, gifts, grants, hereditaments, privileges and immunities whatsoever; which may belong to said Ground at the time of the incorporation, or which may be hereafter made,
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conveyed or transferred to them or their successors in office, to have, to hold and to convey the same for the proper use, benefit and behoof of those for whose uses and purposes said Camp Ground was established and empowered. And for the purpose hereinbefore specified, the said Trustees by their said corporate name, shall be capable of suing and being sued, and natural persons may and service upon any one of them, shall be held and deemed legal service, and said. Trustees shall regulate the mode of filing recoveries and perpetuating succession by rule or by law. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. CITIES. AN ACT Act to authorize the Mayor and Aldermen of the City of Savannah, and Hamlets thereof, to extend Bay Street to the Eastern boundary of said City. Section 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 it shall and may be lawful for the Mayor and Aldermen of the City of Savannah and Hamlets thereof, to cause Bay Street in said City to be continued and extended eastwardly to the eastern boundary line of said City, with full power and authority to remove all obstacles of any description, necessary to be removed. Sec. 2. And be it further enacted by the authority aforesaid , That it shall be the duty of the said corporation to pay such fair and reasonable compensation as may be agreed on by the respective parties, for any land which may be taken possession of, or appropriated for the purpose aforesaid, or for any property which may be destroyed in consequence of carrying into effect the provisions of this act. Sec. 3. And be it further enacted by the authority aforesaid , That in case the owner or owners of any land so taken or appropriated, or any property so injured or destroyed, and the said corporation cannot agree upon the sum or sums to be paid therefor, William B. Bulloch, I. Minis, Joseph Cumming, William Taylor and S. B. Parkman are hereby appointed appraisers,
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to value the land taken or the damages sustained, and it shall be the duty of the said appraisers to proceed to value the same and make their award, which award shall be rendered in writing, under the hands and seals of the said appraisers or a majority of them, and shall be returned to the Clerk of the Superior Court, within ten days after the same shall have been made; and it shall be the duty of the said appraisers to notify in writing to the parties that such award has been made and returned as aforesaid, within five days thereafter, and if either party be dissatisfied with such award, he, she, or they may appeal therefrom within thirty days after such award shall have been returned as aforesaid, and which appeal shall be tried by a special Jury, at the term of the Superior Court of Chatham county, next thereafter held in such county, and the decisions in whatever may be finally made, shall vest in the said corporation the fee simple of the land in question, and in the other party a judgment for the value thus ascertained. Sec. 4. And be it further enacted by the authority aforesaid , That in case of the refusal, neglect, inability, or death of the said appraises, or any of them, the Judge of the Superior Court shall appoint a person or persons to fill such vacancy, at the written request of either party, and on ten days notice to the opposite party of such intended application; and such appraisers, before entering upon the discharge of their duty, shall be sworn, faithfully and impartially to discharge their duty in the premises. Sec. 5. 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. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to lease the Commons, South of the City of Columbus, for a term of years. Whereas, the South Commons of the City of Columbus are under a lease for a term of years, and it is sought to have the same extended, Therefore Section 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 Mayor and Councilmen of the City of Columbus are authorized to lease all of the south Commons, or so much thereof as may be necessary for the purposes for which they are now used, for the term of twenty years, at such rates as they may deem necessary, to the interest of the said City of Columbus. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to authorize the Mayor and Council of the City of Macon to appoint a Judge of the Mayor's Court, of said City, to close the unfinished business of said Court. Whereas, the Court aforesaid has been abolished by the Legislature of this State, saying that provisions were made to close the business of said Court, and whereas, the Judge of said Court has departed this life before the closing of the business of said Court. Section 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 Mayor and Council of the city of Macon, be and they are hereby authorized to appoint a Judge of the Mayor's Court of the city of Macon, for the purpose of closing the unfinished business of said Court, as provided by the act repecting said Court. Sec. 2. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to amend the several Acts of the Legislature of this State incorporating the city of Columbus, in the county of Muscogee, and to lay off the said city into Wards, and to point out the mode of electing the Mayor and Aldermen thereof. Section 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 city of Columbus shall be laid off into six wards. The first ward shall embrace all that part of said city of Columbus, (including the north commons lying north of Franklin Street,) and shall be known and called Franklin ward. The second ward shall include all that part of said city and commons lying south of Franklin Street, and north of Randolph Street, and shall be known and called as Randolph ward. The third ward shall include all that part of said city, and commons lying south of Randolph Street, and north of St. Clair Street, and shall be known and called as St. Clair ward. The fourth ward shall include all that part of said city and commons lying south of St. Clair Street, and north of Thomas Street, and shall be known and called as Thomas ward. The fifth ward shall include all that part of the said city of Columbus and the commons thereof, lying south of Thomas Street, and north of Few Street, and shall be known and called as Few ward. The sixth ward shall include all that portion of said City of Columbus, lying south of Few Street, and shall be known and called as South ward. Sec. 2. And be it further enacted by the authority aforesaid , That from and immediately after the passage of this act the Mayor and Members of the City Council of the said City of Columbus, or a majority of them, shall proceed to designate the place in each ward at which the election for Mayor and Aldermen shall be held on the first Saturday in January, eighteen hundred and thirty-eight, and on the first Saturday in every January thereafter, and that after such places are so designated as aforesaid, the said Mayor and Members of the City Council shall give notice thereof, in the public Gazettes of the said City of Columbus, and shall also advertise the same at the place selected for holding such elections, in each of said wards: Provided , that nothing in this act contained shall be so construed as to prevent the Mayor and Aldermen hereafter to be elected, from changing the place of holding said elections whenever the same shall become convenient or necessary, so that no place beyond the limits of any such ward be selected: And Provided also , that whenever any such change shall be made, notice thereof shall be given in the manner before pointed out in this act.
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Sec. 3. And be it further enacted by the authority aforesaid , That on the first Saturday in January in the year eighteen hundred and thirty-eight, and on the first Saturday in January in every year thereafter, there shall be elected in each ward of the said City two Aldermen by the Citizens of such ward, entitled to vote for members of the State Legislature, and that the person receiving the highest number of votes shall be declared duly elected, in the manner hereinafter pointed out. Sec. 4. And be it further enacted by the authority aforesaid , That no person shall be eligible of office of Alderman of the said City of Columbus, who shall not have resided one year in the State, and six months in the said county of Muscogee, immediately preceding the election, and who shall not at the time of his election be a citizen residing in the ward from which he shall be chosen, and who shall not have paid all corporation taxes, which may have been legally required of him. And such Aldermen hereafter to be elected shall before they enter upon the duties of their office, take and subscribe the oath now prescribed to members of the City Council for the said City of Columbus. Sec. 5. And be it further enacted by the authority aforesaid , That at the places and times of holding elections in the several wards in the said City of Columbus, for Aldermen thereof, there shall be a separate poll held for Mayor, and that all persons residing within the corporate limits of said City shall vote at the respective wards for Mayor, and that the person receiving the highest number of all the votes given in at all of the wards when the same shall be consolidated, shall be declared by the managers of said elections duly elected. Sec. 6. And be it further enacted by the authority aforesaid , That two freeholders in each ward shall act as managers, in their respective wards of said election, neither of whom shall themselves be a candidate for Mayor or Alderman, and that after the polls in their respective wards shall be closed, (which shall be done by four o'clock, P. M.;) the said managers shall compare the votes given in for Alderman, and the person receiving the highest number of votes shall be declared elected, and that then the said managers of the election at the respective wards shall meet at the City Hall, in the said City of Columbus, and consolidate the votes given in at the respective wards for Mayor, and the person receiving the highest number of votes shall be declared duly elected Mayor. And shall before he enters upon the duties of his office take and subscribe the oath now prescribed for the Mayor of said City, and the said Mayor and Aldermen shall remain in office until their successors shall be elected and qualified. Sec. 7. And be it further enacted by the authority aforesaid , That the said managers of the elections at the several wards, in
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the said City of Columbus, shall have full power and authority to administer to persons offering to vote at any of said wards the following oath or affirmation: I, A. B. do solemnly swear (or affirm as the case may be,) that I am a citizen of the county of Muscogee, that I have resided in the State of Georgia for twelve months, and in the county of Muscogee for six months immediately preceding this date, that I am now a resident in ward, in the said City of Columbus, and entitled to vote in the same, that I have not on this day voted in any other ward in said City for Aldermen, and that I have paid all legal corporation taxes which have been lawfully required of me, so help me God: which said oath may be administered in the third person. Sec. 8. And be it further enacted by the authority aforesaid , That any person or persons who shall, or may vote for Mayor and Aldermen in any of said wards, without being entitled to vote for the same, or who shall vote for Alderman in any ward in which he is not entitled to vote, or who shall vote for Mayor more than once, or for Mayor and Aldermen, or for Mayor or Aldermen in more than one, shall be subject to all the pains and penalties of the laws of this State against illegal voting. And any person or persons having falsely in order to vote in any of the wards of said City for Mayor and Aldermen, or for Mayor or Alderman shall be subject to all the pains and penalties of the laws of this State against wilful and corrupt perjury, and shall and may be prosecuted for said offences or either of them, before the Superior Court of the said county of Muscogee, and the Marshal and Deputy Marshal hereafter to be elected and appointed, shall in addition to the oath already prescribed, further swear to prosecute all person or persons who shall to his or their knowledge so illegally vote, or so falsely or corruptly swear for the purpose of voting, and that neither the said Marshal or Deputy shall in order to carry on such prosecution or prosecutions give either bond or security for the prosecution of such offences, as now required to be given by prosecutors, by the laws of this State. Sec. 9. And be it further enacted by the authority aforesaid , That in case of death, resignation, removal or otherwise, the office of Mayor of said city shall become vacated, any two or more of the Aldemen of said city shall order an election for Mayor to fill such vacancy, which said election shall be advertised in the public Gazettes of said city of Columbus, and also at each of the places of holding at each of the respective wards at least ten days before the time appointed for holding said elections, and that such election shall be held at each of the wards, in the manner herein before pointed out, and that the person to be elected shall hold his office until the next regular election, and until his successor is sworn and qualified. And
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in case any vacancy should happen by death, resignation, removal or otherwise of any of the Aldermen, or of any Alderman in any or either of said wards, the Mayor of said City or any two or more of the Aldermen of said city, may order an election to fill such vacancy, in the ward or wards in which the same shall happen, by giving notice thereof, at the place of holding elections in said wards, by advertising the same at least five days previous to holding said election, and that the person so elected, shall hold his office until the next general election thereafter for Mayor and Aldermen, and until his successor is elected and qualified. Sec. 10. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to alter and amend the several acts, in relation to the city of Augusta, and the Court of Common Pleas in said city. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, so much of the act passed on the 30th of December, 1836, as authorized judgment to be rendered at the first term of said Court, in cases in which no plea is filed, be, and the same is, hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That in all cases hereafter brought in said Court, the process shall be served on the defendant, at least nine days before the term to which the cases are returnable, and that all attachments issued, returnable to said Court, shall be issued, levied and the proceedings advertised, the same length of time before the session of said Court, to which they may be returnable. Sec. 3. And be it further enacted by the authority aforesaid , That all laws now in force, regulating the issuing, service, return and subsequent proceedings, on summons of garnishments, in the Superior and Inferior Courts, shall be of force in said Court, and that all summons of garnishment issued under
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process in, or from said Court, served out of the city of Augusta, shall be served, at least twenty days before the session of the Superior, or Inferior Court of said county where the garnishee resides, and to either of which Courts, it shall be lawful to make the summons returnable. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 22d December, 1837. AN ACT to amend the several laws for the incorporation of the city of Macon. Section 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 Marshal of said city, upon notice in writing from the Mayor, or any member of the Council, when no other prosecutor shall appear, to prosecute all offenders against the laws of the State, for crimes or misdemeanors committed within the corporate jurisdiction of said city: Provided , the said Mayor or member of Council, shall furnish a list of the witnesses by whom the prosecution can be supported; and shall also procure the necessary affidavits to be made, on which to found said prosecution. Sec. 2. And be it further enacted by the authority aforesaid , That when any offence as aforesaid, shall be committed in the presence of said Marshal, or within his knowledge, it shall be his duty to prosecute the said offender, without the notice required in the foregoing section; and for the services required of said Marshal by this act, he shall be allowed in addition to his present salary, the sum of one hundred and fifty dollars. Sec. 3. And be it further enacted by the authority aforesaid , That if the said Marshal shall fail, or refuse to prosecute any offender, when notified, as provided for in this act, the Mayor and Council shall have power and authority to remove him from office, and order a new election: Provided , the same be done within two weeks after such notification: And provided, also , that the said Marshal, at the time of such notification, shall have been furnished with the necessary affidavits, on which to found such prosecution. Sec. 4. And be it further enacted by the authority aforesaid , That the Mayor and Council of the city of Macon be, and they
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are, hereby authorized to impose a tax, of not exceeding fifty cents on the hundred dollars in value, on all merchandize and real estate, held and owned by any individual or partnership, within the corporate limits of said city. Sec. 5. And be it further enacted by the authority aforesaid , That said Mayor and Council shall have power and authority to regulate dray licenses, and to impose a tax upon exhibitions of feats of skill, showmen, jugglers and travelling musicians, within the corporate limits of said city. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to alter and amend the 9th, 10th, 17th and 20th sections of an act assented to 30th December, 1836, entitled 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, prescribe the duties of the corporation in relation to Estrays, and to designate the style, by which it may sue or be sued. Section 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 Mayor of the city of Milledgeville shall be elected by the votes of the several wards, at the same time at which the election for Aldermen takes place, and for the same term. It is hereby made the duty of the superintendents of the elections for Aldermen, to open a separate poll for that office at the Court House; upon the happening of a vacancy in said office, by death, resignation or removal from the corporation limits of the city, it shall be filled for the remainder of the term of office, by the election, by the Board of Aldermen, of one of their number to supply such vacancy. The Mayor of the previous year shall continue to act, until an election shall have been made of his successor, and he taken the oath of office prescribed for the Aldermen, by the act to which this is amendatory; and this officer shall, in all cases of tie or division, give the casting vote. A quorum for the transaction of business may be constituted by the presence of the Mayor
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and any three Aldermen: Provided nothing shall be construed to prohibit a representation, by proxy, duly authorized in writing. When the Alderman constituting the proxy is unavoidably constrained to be absent from the meeting of the Board, such written authority shall, after being submitted to the Board, be filed away by its Clerk. Sec. 2. And be it further enacted by the authority aforesaid , That upon a failure to hold the elections for Mayor or Aldermen, as contemplated by this act, and the act to which it is amendatory, prompt steps shall be taken by the Mayor and Aldermen to have the city represented by a new election, first publishing the time when it is to be held. Sec. 3. And be it further enacted by the authority aforesaid , That the 17th section of the act to which this is amendatory, be, and the same is, hereby so amended, as to authorize the Board of Aldermen to lay out and lease, or dispose of so much of the Common, as has not been leased or disposed of by the Board of 1837, in squares, not exceeding thirty-six acres, with intersecting streets between said squares, of not less than twenty feet in width, and the proviso to said section so modified, as to confer a discretion upon the Board of Aldermen in relation to the subject matter thereof. Sec. 4. And be it further enacted by the authority aforesaid , That in reference to so much of the 20th section of said act, as makes it compulsory on the Board to provide for the preservation of the young forest growth, c., be, and the same hereafter construed as discretionary authority, and not an imperative one. Sec. 5. And be it further enacted by the authority aforesaid , That the corporation of the city shall have authority to be taken up and sold by its ministerial officers, all estrayed horses, mules, cattle, hogs, sheep or goats, which may be found within the limits of the city of Milledgeville, or its common: Provided , that twenty days notice be first made, at three of the most public places in said city, containing a description of the animal or animals advertised to be sold, their marks and brands, if any they have; and all money or monies arising from the sale of such animal or animals, shall, if not applied for by the owner or owners thereof, within twelve months after the sale, become a part of the funds of said corporation. Sec. 6. And be it further enacted by the authority aforesaid , That the corporate name by which the city of Milledgeville shall hereafter sue and be sued, convey and receive property,
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and do other acts, shall be, the Mayor and Aldermen of the city of Milledgeville. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. CONSTITUTION. AN ACT to amend the 2d section of the 3d article of the Constitution. Whereas, the 2d section of the 3d article of the Constitution is in the following words, to wit: The Judges shall have salaries adequate to their services, established by law, which shall not be increased or diminished, during their continuance in office; but shall not receive any other perquisites or emoluments whatever, from parties or others, on account of any duty required of them. And whereas, the said section requires amendment. Section 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 as soon as this act shall have passed, agreeable to the requisitions of the Constitution, the following shall be taken and adopted, in lieu of the said recited section, to wit: The Judges shall have salaries adequate to their services established by law, which shall not be increased or diminished, during their continuance in office; but shall not receive any other perquisites, or emoluments whatever, from parties or others, on account of any duty required of them; and shall reside within their respective circuits, during their continuance in office. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837.
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AN ACT to alter the 3d, 7th and 12th sections of the 1st article, and 1st and 2d sections of the Constitution of the State. Whereas, a part of the 3d section of the 1st article of the Constitution, is in the following words, to wit: The Senate shall be elected annually. And a part of the 7th section of the 1st article, is in the following words: The Representatives shall be chosen annually. And a part of the 12th section of the 1st article, is in the following words: The meeting of the General Assembly shall be annually. And whereas, a part of the 3d section of the 3d article, is in the following words: There shall be a States' Attorney and Solicitor appointed by the Legislature, and commissioned by the Governor, who shall hold their office for the term of three years. And a part of the 15th section of the 4th article, is in the following words: The same shall be published, at least six months previous to the next ensuing annual election for Members of the General Assembly. And whereas, the before recited clauses, require amendment. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That so soon as this act shall have passed, agreeable to the requisition of the Constitution, the following shall be adopted in lieu of the foregoing clauses in the before recited sections, to wit; In lieu of the clause in the 3d section of the 1st article, the following, to wit: The Senate shall be elected biennially, after the passage of this act; the first election to take place on the first Monday in October, in the year one thousand eight hundred and forty-one. In lieu of the clause of the 7th section of the 1st article, the following: The Representatives shall be elected biennially after the passage of this act; the first election to take place on the first Monday in October, in the year one thousand eight hundred and forty-one. And in lieu of the clause in the 12th section of the 1st article, the following: The meeting of the General Assembly shall be biennially, after the passage of this act, on the first Monday in November. And in lieu of the clause in the 3d section of the 3d article, the following, to wit: There shall be a States' Attorney and Solicitor, elected by the Legislature, who shall hold their office for the term of four years. And in lieu of the clause in the 15th section and 4th article, the following; The same shall be published, at least six months previous to the next ensuing biennial election for Members of the General Assembly. The provision
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of this act, not to go into effect until the year one thousand eight hundred and forty-one. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 22d December, 1837. AN ACT to alter and amend the seventh section, of the second article of the Constitution. Whereas, the seventh section of the second article of the Constitution is in the following words: He shall have power to grant reprieves for offences against the State, except in cases of impeachment, and to grant pardons, or to remit any part of a sentence in all cases after conviction, except for treason or murder, in which cases he may respite the execution, and make report thereof to the next General Assembly, by whom a pardon may be granted; And whereas, the said seventh section of the Constitution requires amendment. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assemblymet, and it is hereby enacted by the authority of the same , That so soon as this act shall have passed, agreeable to the requisitions of the Constitution, the above section shall be amended to read as follows: He shall have power to grant reprieves for offences against the State, except in cases of impeachment, and to grant pardons, or to remit any part of a sentence in all cases after conviction, except for treason or murder, in which cases he may commute the punishment to imprisonment in the Penitentiary, for a term of years, in his discretion; and in case he shall not commute the punishment, he may then respite the execution, and make report thereof to the next General Assembly, by whom a pardon may be granted, or the punishment be commuted to imprisonment in the Penitentiary. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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COUNTIES. AN ACT to form a new County from that part of Walker County lying West of the Look Out Mountain, and provide for the organization of the same. Section 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 Inferior Court of the county of Walker, shall be authorized and required to cause to be ran and plainly marked a line as hereinafter designated, beginning at Lot one, in the ninth District of the fourth section, originally Cherokee now Walker county, thence a south west direction for its general course, so as to run as near as possible on the middle on the top of the Look Out Mountain, until it strikes the line of the State of Alabama, at or near Lot No. one hundred and forty-five (145,) in the eigh teenth (18) district of the fourth section, and all that portion of said county lying west of and north west of the aforesaid line, shall constitute a new county, to be called Dade. Sec. 2. And be it further enacted by the authority aforesaid , That on the first Monday in February next, that all persons in said county of Dade, entitled to vote for members of the Legislature, may meet together at the house of Thomas L. Tanner, in said county, and under the superintendence of three suitable persons, proceed to elect five Justices of the Inferior, a Clerk of the Superior and Inferior Courts, Sheriff, Tax Collector and receiver of Tax returns, County Surveyor and Coroner for said county of Dade, who shall hold their offices for the terms of time specified by the existing laws of this State. Sec. 3. And be it further enacted by the authority aforesaid , That so soon as the Justices of the Inferior Court for said county of Dade, shall be elected and qualified, it shall be their duty with as little delay as possible to organize the aforesaid county, and do and perform all other acts, incumbent on them by virtue of their offices; And be it further enacted , that all officers civil and military, that may be citizens of said county of Dade, shall hold their offices respectively during the term for which they were elected. Sec. 4. And be it further enacted by the authority aforesaid , That it shall and may be lawful to hold elections in said county of Dade for Governor, electors of President and Vice President of the United States, members to Congress, and members to the State Legislature, all county officers, civil and military, at the several places of holding Justices Courts in said county of Dade, under the same rules and regulations that are prescribed by the existing law of this State, governing said elections, and
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that the said county of Dade shall be attached to and become a part of the Cherokee Circuit. The Superior Courts held on the 2d Monday in April and October, Inferior Courts on the first Monday in June and December, and that said county of Dade be attached to the second Brigade and 12th Division, Georgia Militia. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to be entitled an act, to lay out and organize a new county out of the counties of Houston and Marion, and to attach the same to the Flint Circuit, and to the 2d Brigade of the 8th Division of Georgia Militia. Section 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 new county shall be laid out from the counties aforesaid, to be included within the following limits, to wit; Beginning on Flint river, at the corner of Houston and Dooly counties, running thence East, on the line between Houston and Dooly, to the corners of the 14th and 15th Districts of Houston county; thence due North on the line between the 14th and 15th Districts, and between the 8th and 9th Districts of Houston county, to the let of land in the 8th District, whereon James A. Everett, Esq. now resides; thence around the Southern, Western and Northern boundary of said lot of land, to the said dividing line, between the said 8th and 9th Districts; thence due North again along said line, to the line between Houston and Crawford counties; thence South-westwardly along said county line, to Flint river; thence across said river and up the same to the line between Marion and Talbot counties; thence westwardly along said line, to the second East meridian of the 13th District, of originally Muscogee, now Marion county; thence due South along said meridian line, to the line dividing the counties of Sumter and Marion; thence Eastwardly on said line, between Sumter and Marion, to the Flint river; and thence up and along said river, to the beginning. Sec. 2. And be it further enacted by the authority aforesaid , That the said new county, comprised within the foregoing limits, shall be called and known by the name of Macon, in
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honor of Nathaniel Macon, of North Carolina, and shall be attached to the Flint Circuit, and to the 2d Brigade of the 8th Division of Georgia Militia, and that the county site, which shall be selected for the public buildings of said new county, shall be called and known by the name of Lanier. Sec. 3. And be it further enacted by the authority aforesaid , That the persons included in said new county, entitled to vote for Members of the General Assembly, shall, on the third Monday in January next, elect five Justices of the Inferior Court, a Clerk of the Superior and Inferior Courts, a Sheriff and Coroner, a Tax Collector and Receiver of Tax Returns, and a county Surveyor for said county; and that the election for said county officers shall be held at the house of Walter L. Campbell, and also at the house of George Law, and conducted and superintended in the manner prescribed by law; and on the day after the election, the presiding magistrates shall convene at the house of Walter L. Campbell, and consolidate the returns of said election; and the Governor, on the same being duly certified, shall commission the persons returned, as elected at said election, to hold their offices respectively, during the time prescribed by law; and that the Justices of the Inferior Court, after they shall have been commissioned, shall proceed to lay off said county into Militia Districts, and to advertise for the election of the requisite number of Justices of the Peace in said Districts. Sec. 4. And be it further enacted by the authority aforesaid , That the Justices of the Inferior Court of said county, upon their being commissioned, shall have full power and authority to select and locate the site for the public buildings in and for said county, and the said Justices, or a majority of them, are hereby invested with authority to purchase a tract or tracts of land, for the location of said public site, and lay out the same into streets and lots, and to sell lots so laid out, at public auction, and apply the proceeds thereof to the building of a Court House and Jail for said county. Sec. 5. And be it further enacted by the authority aforesaid , That the public business of said county shall be transacted at the house of Walter L. Campbell, until the public site shall be located by the Justices of the Inferior Court, as aforesaid. Sec. 6. And be it further enacted by the authority aforesaid , That all officers now in commission, who shall be included within said county, shall hold their commissions and exercise the duties of their offices, in the same manner as if they had been elected in and for said new county. Sec. 7. And be it further enacted by the authority aforesaid , That the Superior Courts for said county shall be held on the second Mondays in February and August, and the Inferior Courts shall be held on the second Mondays in May and November, of each and every year.
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Sec. 8. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are, hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 14th December, 1837. AN ACT to change the line dividing the counties of Liberty and Tatnall, and to add a part of Tatnall to Liberty. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passing of this act, the new road cut out by Mr. William Johnson, from a point in the county line, between Liberty and Tatnall, and passing between his house and a large bay on the West, in a Southerly direction, crossing the old Sunbury road, nearly at right angles, and intersecting the line between Liberty and Tatnall, be, and the same is, hereby declared to be the county line. Sec. 2. And be it further enacted by the authority aforesaid , That all the land lying East of said new line be, and the same is, hereby declared to be in Liberty county, and a part of said county. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against the above, be, and the same are, hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to repeal an act passed on the 23d day of December, one thousand eight hundred and thirty-five, entitled an act, to add Lot No. 78, and Fraction 79, in the 8th District of originally Baldwin, but now Jones county, to the county of Bibb. Section 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 above, and foregoing recited act, be, and the same is, hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 22d December, 1837. AN ACT to add a part of Franklin, to the county of Jackson. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, so much of the county of Franklin, situated on the line of the county of Jackson, as may be necessary to include the present residences of John Minish and Henry Peoples, be, and the same is, hereby added to, and become a part of, the county of Jackson. Any law to the contrary, notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 23rd, 1837. AN ACT to add part of the county of Elbert to the county of Madison, and part of the county of Madison to the county of Elbert. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, all that part of Elbert county lying West of a line to commence at, or near the dwelling house of Angus Johnson, at the corner of Franklin, Madison and Elbert counties, running thence down
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the road leading from Carnesville, in Franklin county, to Elberton, in Elbert county, to the Little Hollysprings, or, to the junction of the Daniel's ferry road, with the said Augusta road, thence S. 50 W. until it intersects with the present county line, be added to, and become a part of Madison county, and that all that part of Madison county, lying East of a continuation of the last mentioned line, to the ford on Millshoal Creek, at the mouth of the first large branch above Thomas McAllister's, and thence to the present corner, between Elbert and Madison counties, on the East bank of Broad river, be added to, and become a part of, the county of Elbert. Sec. 2. And be it further enacted by the authority aforesaid , That all the citizens that reside in that part of the county of Elbert, and in the county of Madison, be entitled to, and enjoy all the privileges as fully and effectually, as if such change had not taken place, or if they had been citizens in the county, they may be attached to twelve months preceding the passage of this act. Sec. 3. And be it further enacted by the authority aforesaid , That the Surveyor of the county of Elbert, do forthwith proceed to run and cause to be well marked, a line commencing at the intersection of the Carnesville and Daniel's ferry road, near the Little Hollysprings, running the said line agreeable to the 1st section of this act, and that he, the said Surveyor of the county aforesaid, shall be entitled to, and receive from the county funds, two dollars and fifty cents per mile, for his services for the same: Provided , the Surveyor, first present to the Treasurer of the county, a certificate of the completion of the work. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. COUNTY OFFICERS. AN ACT to compel the Clerks of the Superior and Inferior Courts of the county of Glynn, to keep their offices and records of said Courts, in the city of Brunswick. Section 1. Be it enacted by the Senate and House of Representatives
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of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the first day of February, one thousand eight hundred and thirty-eight, the Clerks of the Superior and Inferior Courts of the county of Glynn, shall be, and they, and each of them are required to keep their offices and all the records of said Courts, in the city of Brunswick, in said county of Glynn. Sec. 2. And be it further enacted by the authority aforesaid , That every Clerk of the Superior and Inferior Courts of said county of Glynn, who neglects to comply with the requisitions of this act, shall forfeit and pay, for each and every month of such neglect, the sum of fifty dollars; and that any person may sue for, and collect the said sum of fifty dollars, in his or her own name, and for his or her own use, as debts of that amount are now collected by law. Sec. 3. And be it further enacted by the authority aforesaid , That any law militating against this act, is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 22d December, 1837. AN ACT to consolidate the office of the Clerk of the Inferior Court and the office of County Treasurer in the county of Monroe. Whereas, considerable expense is thrown upon the county of Monroe, by appropriations made by the Inferior Court of said County, for extra services done by the Clerk of said Court, and whereas also, other expenses are imposed upon said County by the appointment of a Treasurer, and paying him for his services. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the first Monday in January, eighteen hundred and thirty-eight, the office of Clerk of the Inferior Court and the office of County Treasurer shall be consolidated and be one office, and the Clerk of the Inferior Court and his successors in office, shall be the Treasurer of said county.
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Sec. 2. And be it further enacted by the authority aforesaid , That the Tax Collec or of said county shall pay over to the Clerk of the Inferior Court as aforesaid, all moneys raised by him for the use of the county of Monroe, as early in each year as he may collect the same. Sec. 3. And be it further enacted by the authority aforesaid , That the Clerk of the Inferior Court aforesaid, before entering upon the duties of his office of Treasurer as aforesaid, give bond in the sum of eight thousand dollars, with two good and sufficient securities, conditioned for the faithful discharge of his duties as aforesaid, and account for all money which may come to his hands as county funds; which said bond shall be made payable to the Judges of the Inferior Court of said county, and their successors in office, which said bond may be sued upon, by the order of said Inferior Court of said county. Sec. 4. And be it further enacted by the authority aforesaid , That the said Clerk of the Inferior Court in addition to the oath already prescribed by the laws of this State, shall take the following oath before he enters into the duties of said office, to wit: And I do solemnly swear that I will faithfully perform all the duties of County Treasurer, and truly account for all the moneys that may come to my hands as county funds, during the term of my office, so help me God. Sec. 5. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to compensate the Sheriffs of Randolph county, for their services in summoning Grand and Petit Jurors in said county. Section 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 Randolph county, shall be entitled to receive from the county Treasurer, the sum of twenty-five cents for summoning each and every Juror, to attend the Superior and Inferior Courts of said county: Provided , that to entitle them to receive the compensation
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aforesaid, said Sheriffs shall make a just and full return of all summons that they have made, which returns shall be a sufficient authority to the Treasurer of said county, for paying the sum aforesaid. 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. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to consolidate the offices of Tax Collector and Receiver of Tax Returns, in the counties of Rabun, Camden, Irwin, Floyd, Scriven, Paulding, Wayne, Murray, Cherokee, Glynn, Telfair and Laurens. Section 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 this act, the offices of tax collector, and receivers of tax returns, so far as respects the counties of Rabun, Camden, Irwin, Floyd, Scriven, Paulding, Wayne, Murray, Cherokee, Glynn, Telfair and Laurens, shall be, and they are hereby consolidated, and the persons elec ed, respectively to discharge the duties of said office, shall receive, as a compensation for their services, the fees now allowed by law, for both offices, and be commissioned by the Governor. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to make it the duty of the tax collector of Camden county to collect his own tax executions. Section 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 be the duty of the tax collector of Camden county, and his successors in office, to collect his own tax executions; and the said executions shall not devolve on the sheriff of said county, for collection. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to authorize and require the tax collector of the county of Paulding for the year 1838, to collect the taxes unpaid, and due said county, for any time previous to his election and commission. Whereas, there are now due, and unpaid taxes by the citizens of Paulding and others. Therefore, Section 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 tax collector for the county of Paulding, for the year 1838, shall, so soon as he may be elected and commissioned, be authorized and required to collect all taxes due said county, previous to his commission. Sec. 2. And be it further enacted by the authority aforesaid , That it shall, and may be lawful for said tax collector to have, use and issue, all processes usual in collections of taxes generally, in the discharge of the duty aforesaid. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837.
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AN ACT to authorize the receiver of the Tax returns for the year 1838 to receive the returns of the taxable property for the year 1837, so far as relates to the County of Decatur. Whereas, there has been no receiver of tax returns commissioned for said County of Decatur for the year 1837, as is now prescribed and required by law. Therefore Section 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 person that may hereafter be elected to receive the returns of the taxable property of said county for the ensuing year 1838, be and he is hereby authorized and required to receive the returns of the taxable property of said county of Decatur, for the year 1837, and to perform the duties of that office in every respect as though he had been elected and commissioned in conformity to the laws now in force: Provided , there shall be no measure taken by proper authority to fill or supply said failure or vacancy as is now prescribed by law. Sec. 2. And be it further enacted by the authority aforesaid , That his Excellency the Governor be and he is hereby authorized and required to commission such person as may be elected to receive the returns of taxable property for the county of Decatur, for the years 1837 and 1838, as is contemplated in the above recited act, with full and ample authority to receive the returns of the taxable property of said county, for the political years of 1837 and 1838: Provided also , that the returns of his election shall set forth and plainly show that he was elected for the purpose above mentioned and not otherwise; any law, usage or custom to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to consolidate the offices of Receiver of Returns and Tax Collector in the county of Lumpkin, Gilmer, Tatnall, Union, Pulaski, Telfair, Walker, Cherokee, Early, Rabun, Floyd and Paulding. Section 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 from and after the passing of this act, the office of Receiver of Returns of Taxable property, and the office of Tax Collector in the county of Lumpkin, Gilmer, Tatnall, Union, Pulaski, Telfair, Walker, Cherokee, Early, Rabun, Floyd and Paulding, be and the same are hereby consolidated and united, and shall hereafter be filled by one and the same persons annually, who shall perform the duties of receiver and collector as required by law, and give bond and security in double the sum now required of Tax Collectors of this State. Sec. 2. And be it further enacted by the authority aforesaid , That the person elected to fill the office of receiver and collector shall receive the compensation which the receiver and collector of aforesaid counties now jointly receive: Provided , he shall not hold said office for more than one year at a time. Sec. 3. 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. GEORGE R. GILMER, Governor. Assented to, 25th December 1837. COUNTY SITE. AN ACT to amend an act entitled an act, to remove the County Site of Baker county, from Byron, to Lot No. one hundred and seventy-two, in the 8th District of said county, it being near the centre of said county, and to appoint commissioners for that purpose; passed December 26, 1831. Whereas, it appears that Joel L. Scarborough, James Chance, Henry Nelson and William Thomas, Commissioners appointed under said act, have either died, removed or resigned, without having accomplished the objects for which they were appointed: And whereas, there is no provision in said act for the appointment of successors to the above named Commissioners. Section 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 Wiley Sutton, John Montgomery, Daniel B. Sheffield and
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Joseph B. Shores, be, and they are, hereby appointed Commissioners, in the place of the said Joel L. Scarborough, James Chance, Henry Nelson and William Thomas, and they are hereby clothed with the same power and authority, to carry into effect the object and intentions of the act of December 26, 1831, that the original Commissioners would, or might have had and exercised, under and by virtue of the act 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. COURTS. AN ACT to amend an act entitled an act, to authorize the Judge of the Court of Common Pleas and Oyer and Terminer, for the city of Savannah, to hold special or extraordinary Courts for the summary trial of causes therein enumerated, and to empower the Mayor of the city of Savannah, also to hold such special or extrordinary Courts, and to regulate Seamen and Mariners, and to prevent them from being harbored or running in debt. Whereas, no provision is made in the above recited act, for cases in which ship-masters, supercargoes, owners or consignees of vessels, or articled seamen may be plaintiffs, or may prosecute for assault, or assault and battery, or trespass to the person; and also in cases of dispute or difference touching contracts, agreements, sale, promise or debt, where the sum does not exceed thirty dollars. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, it shall and may be lawful for the Judge of the Court of Common Pleas and Oyer and Terminer, for the city of Savannah; and also for the Mayor of the city of Savannah; upon the petition made to either of them, by any ship-master, supercargo, owner or consignee, of any vessel, or any articled seamen, that he, she or
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they, are plaintiffs, or have charged any person with an assault, or assault and battery, or trespass to the person; not punishable with death, or imprisonment in the Penitentiary, to hold special or extraordinary Courts for the summary trial of such causes, under the same restrictions, and as provided by the above recited act, and the act amendatory of the same, passed the 21st day of December, 1833. Sec. 2. And be it further enacted by the authority aforesaid , That all civil actions, which, by the above recited act, the Judge of the Court of Common Pleas and of Oyer and Terminer for the city of Savannah, or the Mayor of said city, are authorized to try and determine, the amount of which, shall not exceed thirty dollars, may be tried by any Justice of the Peace, for that part of the county of Chatham, embraced within the corporate limits of the city of Savannah, under the same restrictions as to petition notice, affidavit, and set forth in the 1st section of the said recited act, and that all and every process issued by any Justice, by authority of this act, shall be served by any lawful Constable, of the above recited part of the county of Chatham, and shall be determined by a Jury of five, to be drawn instanter from the Jury box of said Magistrate, which said Jury shall be summoned to appear, for the trial of said action or actions, within forty-eight hours from the time of issuing the process or processes; and further, that the costs shall be the same, as in other cases of Jury trials, in Magistrate's Courts. 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. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to alter and change the time of holding the Inferior Courts of the counties of Decatur and Columbia, and the Superior and Inferior Courts of Dooly county. Section 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 of holding the Inferior Courts of Decatur county, shall be on the
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second Monday in March and September, in each and every year; and the time for holding the Inferior Courts of the county of Columbia, shall be on the first Monday in July and last Monday in January, in each and every year, instead of the time now established by law; and the Superior Courts of Dooly county, shall be held on the fourth Mondays of March and September, in each and every year; and the Inferior Courts of said county, shall be held on the fourth Mondays of June and December, in each and every year, instead of the times now fixed by law. Sec. 2. And be it further enacted by the authority aforesaid , That all persons summoned, subp[UNK]naed or bound, as suitors, witnesses, jurors, or in any other capacity, to attend said Courts at the times, which, by laws now in force, they are holden, shall be bound by virtue of said summons, subp[UNK]na, or other process heretofore issued, to attend said Courts as are established by this act. Sec. 3. And be it further enacted by the authority aforesaid , That all writs, precepts, and processes whatsoever, heretofore issued, or that may hereafter be issued, returnable to the terms of said Courts as now fixed by law, shall be considered, and held as returnable to the terms of said Courts respectively, as fixed by this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 9th December, 1837. AN ACT to alter and amend the third section of an Act entitled an Act to authorize the adjournment of the Superior and Inferior Courts, and Courts of Ordinary in certain cases by the officers therein named, passed December 8th, 1823. Section 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 none of the Superior Courts of this State shall be adjourned under the above recited act, for any other cause than that of sickness of the presiding Judge, or of his family or other providential cause which shall be expressed in the order of adjournment. Sec. 2. And be it further enacted by the authority aforesaid ,
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That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. BOBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to change the time of holding the Superior Courts of the County of Butts. Section 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 Superior Courts of the county of Butts shall be held on the third Monday in March and September in each and every year, instead of the times heretefore prescribed by law: Provided , that nothing in this act shall be so construed as to affect or interfere with the ensuing adjourned term of the Superior Court in said county. Sec. 2. And be it further enacted by the authority aforesaid , That all declarations, writs, recognizances, precepts and processes made returnable to said Court as heretofore established shall be returnable to said Court as established by 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. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to point out the time of holding the Inferior Court for the County of Baker. Section 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
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Inferior Courts shall sit in the County of Baker, on the first Monday in March and September in each year. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to change the time of holding the Superior Courts for the Counties of Paulding and Floyd. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act the time of holding the Superior Courts in the county of Paulding, shall be on the Thursday before the first Monday in February and August, and in the county of Floyd, on the first Monday in February and August. Sec. 2. And be it further enacted by the authority aforesaid , That all persons summoned or bound to appear at the aforesaid Courts shall be required to appear at the times aforesaid, and all writs and processes returnable to either of the said Courts, shall be held and considered as returnable to the same at the times specified in this act. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to authorize a special Session of the Superior Court of Wilkinson County and to make all precepts and processes of the Superior Court of Lincoln County of 1837, to stand over to the April term 1838, and to legalize the same. Whereas, in consequence of the sickness of Judge Polhill
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there was no Court held in Wilkinson County, at the regular term for October, 1837. Therefore, Section 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 Court shall sit on Tuesday after the first Monday in January 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 Tuesday after the first Monday in January next, and that all writs returnable to the said term of October last shall be taken and considered at the said special term as at the first or appearance term. Sec. 2. And be it further enacted by the authority aforesaid , That all precepts, processes and other proceedings of whatever kind or character made returnable to the October term of Lincoln Superior Court, 1837, which failed on account of the indisposition of Judge Andrews, shall stand over for trial at April term, 1838, according to the adjournment ordered by the Judge: Provided , that all defendants may file their answers on or before the first day of the term. Sec. 3. And be it further enacted by the authority aforesaid , That all jurors, suitors and witnesses summoned to attend and serve at said Court be and are hereby required to be and attend at the said April term, 1838, to serve and answer at said term as they were required to do at October term last, of said County. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to alter and fix the times of holding the Superior and Inferior Courts of the county of Baldwin. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, the times of holding the Superior Court of the county of Baldwin, shall be on the first Mondays of June and December, in each and every year. Sec. 2. And be it further enacted by the authority aforesaid , That the times of holding the Inferior Courts of the said county,
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shall be on the third Mondays in February and August, in each and every year. Sec. 3. And be it further enacted by the authority aforesaid , That all writs and other processes of every kind and nature, shall be made returnable to the several Courts, at the times herein above stated. Sec. 4. And be it further enacted by the authority aforesaid , That all processes and other writs now issued, shall be returnable to the terms of the said Courts, in the same manner as if no alteration of the times of holding said Courts, had been made. Sec. 5. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to amend an act entitled an act, for the organization of a Court of Common Pleas and of Oyer and Terminer, for the city of Savannah, and for repealing the Civil Jurisdiction given by the laws of this State, to the Mayor and Aldermen, or to the Mayor of said city, passed December 18th, 1819; and to add to, regulate, increase and define the Civil Jurisdiction and powers of said Court, and to regulate the salary of the Judge thereof. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the first day of January next, the Court of Common Pleas and of Oyer and Terminer, for the city of Savannah, shall have jurisdiction of all cases where the debt (exclusive of interest,) or damages claimed, shall be above the jurisdiction of a Justices' Court, and shall not exceed the sum of two hundred dollars; and of all claim cases, where personal property is levied on, under execution from said Court. Sec. 2. And be it further enacted by the authority aforesaid , That all mortgages upon personal property, for an amount within the jurisdiction of said Court, may be foreclosed by the Judge of the same, (in the same way or manner as in the Superior or Inferior Courts,) and all subsequent proceedings thereon, shall be in said Court, and such as are prescribed by the laws now in force.
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Sec. 3. And be it further enacted by the authority aforesaid , 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. 4. And be it further enacted by the authority aforesaid , That the Judge of the said Court, or any Alderman of said city, or any Justice of the Peace, shall have full power and authority to issue attachments which shall be returnable to said Court, and within the jurisdictional amount of the same: Provided, however , that the said attachments shall be issued at least thirty days before the term to which they are made returnable, and shall be tested in the name of the Judge, Alderman or Justice issuing the same, and be signed by said Judge, Alderman or Justice granting the same: And provided also , that no judgment shall be rendered on such attachment, until the term next after that to which it is made returnable. Sec. 5. And be it further enacted by the authority aforesaid , That such attachments shall be directed to the Sheriff of said Court, and to all and singular, the Constables of the city of Savannah, and that all prior and subsequent proceedings relative to said attachments, not herein expressly mentioned or specified, shall be governed by the laws of the State of Georgia, in relation to attachments, due regard being had to the nature of the different tribunals. Sec. 6. And be it further enacted by the authority aforesaid , That whenever bail shall be required in any case about to be instituted in said Court, it shall be lawful and sufficient to serve the defendant with a process and copy of the affidavit, as in cases of bail pending the action, and whenever such process with a copy of the affidavit annexed, and a copy or copies of such process and affidavit shall be placed in the hands of the Sheriff of said Court, it shall be the duty of said Sheriff to arrest the defendant or defendants, to serve him, her or them, with a copy or copies of said process and affidavit, and to deal with him, her, or them, as is now required by the laws of force in this State, regulating cases where bail is required, and the subsequent proceedings shall be as in other cases. Sec. 7. And be it further enacted by the authority aforesaid , That in all bail cases issued under the provisions of this act, the plaintiff or plaintiffs shall be compelled to file his, her or their declaration, at least eight days before the term to which said process is returnable, and on failure to do so, he, she or they shall lose a term, and if he, she or they fail to file his, her or their declaration, before the first day of the term to which the process is returnable, the Court, shall, on motion, enter judgment of non-suit. Sec. 8. And be it further enacted by the authority aforesaid ,
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That in all cases of attachments returnable to said Court, it shall and may be lawful for the plaintiff or plaintiffs to file his, her, or their declaration, at any time before the opening of the term to which such attachments are returnable, and on failure to do so by the opening of said term, the Court shall, on motion, dismiss the attachment. Sec. 9. And be it further enacted by the authority aforesaid , That said Court shall have jurisdiction in all cases in garnishment, as well when the debt of the garnishee to the defendant, shall exceed, as when it shall fall short, of the jurisdictional amount of said Court, and that said Court shall also have jurisdiction of all suits brought on bail or attachment, claim or other obligations, or bonds given by parties to any proceedings issued from, or had in said Court, notwithstanding that the penalty of said bonds shall, or may exceed the jurisdiction of said Court, (in consequence of having been given in double the sum sworn to, attached, or of the execution issued, or property levied on:) Provided , that the original cause of action upon which said bonds or other obligations were had and taken, did not exceed the jurisdiction of said Court. Sec. 10. And be it further enacted by the authority aforesaid , That the Sheriff and Clerk of said Court, may sue and be sued in said Court, and when the Clerk of the same shall be defendant in any suit or action, it shall be the duty of said Clerk (if required,) to copy the petition upon which said suit is founded, as in other cases, and annex a process thereto, which shall be signed by the Judge of said Court, and shall be served in the same manner as in other cases, and it shall also be the duty of the Clerk aforesaid, (if required,) to make out final process in any case in which he may be interested, as in other cases, which shall be signed by the Judge aforesaid, and executed as in other cases; and when the Sheriff of the Court aforesaid, shall be plaintiff or defendant, in any suit brought before the Court aforesaid, it shall, and may be lawful for the Marshal of the city of Savannah, or any one of the city Constables, to execute all lawful processes for or against said Sheriff, and all such process shall be directed to the Marshal of the city of Savannah, and all and singular, the Constables of said city, and the proceedings thereon, shall be as in other cases. Sec. 11. And be it further enacted by the authority aforesaid , That in the absence of the Judge of the said Court by indisposition or otherwise, it shall be the duty of the Clerk, or Sheriff of the same, to open and adjourn said Court, to such day as the Judge may, in writing direct. Sec. 12. And be it further enacted by the authority aforesaid , That the Judge of the said Court, shall have power to take testimony de bene esse , in all cases pending in the same, according to the laws of the State of Georgia in force, due regard being had to the nature of the different tribunals.
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Sec. 13. And be it further enacted by the authority aforesaid , That all judgments obtained in said Court, shall be a lien on all property belonging to the defendant throughout the State, and all executions shall be directed to the Sheriff of the Court of Common Pleas and Oyer and Terminer for the city of Savannah, and all and singular the Sheriffs of the State of Georgia, and may be levied on all property throughout the said State: Provided , that the Sheriff of said Court shall levy all executions on property within the limits of the said city. Sec. 14. And be it further enacted by the authority aforesaid , That from and after the expiration of the present term of office of the Judge of said Court, the salary thereof shall be fixed at the sum of six hundred dollars per annum. Sec. 15. 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. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT to alter and fix the time of holding the Superior Courts in the Eastern District of this State. Section 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 1st day of February next, the times of holding the Superior Courts for the Eastern District, shall be as follows, to wit: In the Spring Circuit . In the county of Bulloch, on the 4th Monday in March. In the county of Effingham, on the Thursday thereafter. In the county of Camden, on the 2d Monday in April. In the county of Wayne, on the Thursday thereafter. In the county of Glynn, on the 3d Monday in April. In the county of McIntosh, on the Thursday thereafter. In the county of Liberty, on the 4th Monday in April. In the county of Bryan, on the Wednesday thereafter. In the county of Chatham, on the 2d Monday in May.
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In the Fall Circuit . In the county of Bulloch, Wednesday before the 1st Monday in November. In the county of Effingham, on the Friday thereafter. In the county of Camden, on the 4th Monday in November. In the county of Wayne, on the Thursday thereafter. In the county of Glynn, on the Monday thereafter. In the county of McIntosh, on the Thursday thereafter. In the county of Liberty, on the Monday thereafter. In the county of Bryan, on the Wednesday thereafter. In the county of Chatham, on the 2d Monday in January. Sec. 2. And be it further enacted by the authority aforesaid , That all persons summoned, subp[UNK]naed or bound as suitors, jurors or witness, or in any other capacity, to attend said Court, at the time which the bye-laws, now in force, are holden, shall be bound, by virtue of said summons, subp[UNK]na or other process, hereafter issued, to attend said Courts as altered by this act. Sec. 3. And be it further enacted by the authority aforesaid , That all writs, precepts, or processes, of any kind or nature, shall hereafter be made returnable to the terms of said Courts heretofore recited. 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. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to make all cases returnable to the October term of the Superior Court of the county of Warren, for the year 1837, triable at the April term of the same, for the year 1838; also, to alter the law, in relation to Justices of the Peace, and Justices' Courts, in the city of Augusta; also, to alter the sessions of the Inferior Courts of Heard county; and also, to make all causes returnable to the last October term of the Superior Court of Gwinnett county, returnable to the next Spring term of said Court. Whereas, in consequence of the indisposition and illness of the Judge of the Superior Courts of the Northern Circuit, there
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was no Superior Court at the regular October term, for the year 1837, in the county of Warren; the same being adjourned to the next regular term thereof. Therefore, Section 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 cases returnable to the October term of the Superior Court, for the county of Warren, for the year 1837, shall stand for trial at the April term of said Court, for the year 1838: Provided , that all pleas that should have been entered, shall, and may then be entered and pleaded nunc pro tunc , under the same rules and regulations, as if there had been no failure of a Court, or adjournment thereof, as aforesaid; any law to the contrary, notwithstanding. Sec. 2. And be it further enacted by the authority aforesaid , That from and after the passage of this act, it shall and may be lawful for all, or any of the Justices' Courts, for the Militia Districts within the limits of the city of Augusta, to be held at the city Hall in said city, in the discretion of the Justices of the Peace of such Districts; and that all jurors, suitors and witnesses, shall be bound to attend such Courts at said city Hall, when duly summoned. Sec. 3. And be it further enacted by the authority aforesaid , That the removal of any Justice of the Peace, from the District for which he may have been elected in the city of Augusta, shall not vacate his office, unless he remove without the limits of the said city. Sec. 4. And be it further enacted by the authority aforesaid , That from and after the passage of this act, it shall and may be lawful for the Inferior Court of Heard county, to be held on the first Monday in February and August in each year. Sec. 5. And be it further enacted by the authority aforesaid , That all writs and processes returnable to the Superior Court of Gwinnett county, at the October term 1837, shall stand returnable to the Spring term of the said Superior Court, in the year 1838, and all pleas which should have been filed, may be filed at the term last aforesaid. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to change the times of holding the Superior and Inferior Courts in the counties of Wilkes and Taliaferro. Section 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 times of holding the Superior Courts in the county of Wilkes, shall be on the fourth Monday in March and September, in each and every year. Sec. 2. And be it further enacted by the authority aforesaid , That the time of holding the Inferior Courts of said county of Wilkes, shall be on the first Monday in January and July, in each and every year. Sec. 3. And be it further enacted by the authority aforesaid , That from and after the next term of the Superior Court in the county of Taliaferro, which commences on the third Monday in January next, the times for holding the Superior Courts in and for said county of Taliaferro, shall be on the first Monday in September and March, in each and every year. Sec. 4. And be it further enacted by the authority aforesaid , That from and after the passage of this act, the times of holding the Inferior Courts in and for said county of Taliaferro, shall be on the first Monday in June and December, in each and every year. Sec. 5. And be it further enacted by the authority aforesaid , That all persons summoned, subp[UNK]n[UNK]d or bound as suitors, witnesses, jurors or in any other capacity, to attend said Courts aforesaid at the times which, by law now in force, they are holden, shall be bound by virtue of said summons, subp[UNK]na or other process heretofore issued, to attend said Courts, at the times as altered by this act. Sec. 6. And be it further enacted by the authority aforesaid , That writs, precepts and processes, of any kind or nature whatever, issued from any of said Courts, shall be made returnable to the respective terms of said Courts from which the same may issue, as the same is altered and changed by this act. Sec. 7. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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DEADLY WEAPONS. AN ACT to guard and protect the citizens of this State, against the unwarrantable and too prevalent use of deadly weapons. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall not be lawful for any merchant, or vender of wares or merchandize in this State, or any other person or persons whatsoever, to sell, or offer to sell, or to keep, or have about their person or elsewhere, any of the hereinafter described weapons, to wit: Bowie, or any other kind of knives, manufactured and sold for the purpose of wearing, or carrying the same as arms of offence or defence, pistols, dirks, sword canes, spears, c., shall also be contemplated in this act, save such pistols as are known and used, as horseman's pistols, c. Sec. 2. And be it further enacted by the authority aforesaid , That any person or persons within the limits of this State, violating the provisions of this act, except as hereafter excepted, shall, for each and every such offence, be deemed guilty of a high misdemeanor, and upon trial and conviction thereof, shall be fined, in a sum not exceeding five hundred dollars for the first offence, nor less than one hundred dollars at the direction of the Court; and upon a second conviction, and every after conviction of a like offence, in a sum not to exceed one thousand dollars, nor less than five hundred dollars, at the discretion of the Court. Sec. 3. And be it further enacted by the authority aforesaid , That it shall be the duty of all civil officers, to be vigilent in carrying the provisions of this act into full effect, as well also as Grand Jurors, to make presentments of each and every offence under this act, which shall come under their knowledge. Sec. 4. And be it further enacted by the authority aforesaid , That all fines and forfeitures arising under this act, shall be paid into the county Treasury, to be appropriated to county purposes: Provided, nevertheless , that the provisions of this act shall not extend to Sheriffs, Deputy Sheriffs, Marshals, Constables, Overseers or Patrols, in actual discharge of their respective duties, but not otherwise: Provided, also , that no person or persons, shall be found guilty of violating the before recited act, who shall openly wear, externally, Bowie Knives, Dirks, Tooth Picks, Spears, and which shall be exposed plainly to view: And provided, nevertheless , that the provisions of this act shall not extend to prevent venders, or any other
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persons who now own and have for sale, any of the aforesaid weapons, before the first day of March next. Sec. 5. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. DEEDS. AN ACT to admit certain Deeds to be recorded and read in evidence; and also, to prescribe the effect of certain other Deeds. Section 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 Deeds for lands which may have been recorded upon the usual proof of execution, but not recorded within the time prescribed by the laws of this State, shall be admitted in evidence, without further proof; and when the originals are lost or destroyed, and that being made judicially known to the Court, copies of the same may be introduced and read in evidence, on any trial before any Court of law or equity, in this State. Sec. 2. And be it further enacted by the authority aforesaid , That all Deeds executed, according to the laws of this State, but not yet recorded, may nevertheless be recorded within twelve months from the passage of this act, upon the usual proof of their execution; and when so recorded, the same or copies thereof, when the originals are shown to be lost or destroyed, may be read in evidence without further proof. Sec. 3. And be it further enacted by the authority aforesaid , That all Deeds conveying lands hereafter executed upon being attested or proved in the manner required by the laws of this State, shall be admitted to record, at any time, and after being recorded, shall be received in evidence in any Court of Law or Equity, without further proof of the execution thereof. Sec. 4. And be it further enacted by the authority aforesaid , That in all cases where two or more Deeds shall hereafter be executed by the same person or persons, conveying the same
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premises to different persons, the one recorded within twelve months from the time of execution, if the proffee have no notice of a prior deed, unrecorded at the time of the execution of the deed to him or her, shall have preference; and if all be recorded, or not recorded within said time, the eldest deed shall have the preference. Sec. 5. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to confirm and make valid a sale to a lot of land, in the town of Wrightsboro, and to authorize the Commissioners thereof to execute a deed of conveyance to Thomas H. White, or his assigns. Whereas, Thomas H. White has heretofore purchased a lot of land in the town of Wrightsboro, on which lately stood the old town Academy; and whereas, some doubt exists whether the Commissioners of said town, or Trustees of said Academy, should make titles thereto. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Commissioners of the town of Wrightsboro, be, and they are, hereby authorized and required to make and execute to Thomas H. White or his assigns, a deed of conveyance, to the lot of land in said town of Wrightsboro, on which lately stood the old Academy; and that the sum agreed to be paid, by the said Thomas H. White, for said lot, be applied as is intended by the 3d section of an act entitled an act, to establish the town of Wrightsboro, c., c.; assented to, February 16th, 1799. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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DISTRIBUTION OF ESTATES. AN ACT to alter and amend an act, for the more effectually securing the probate of Wills, limiting the time for Executors to qualify, and Widows to make their election, and for other purposes therein mentioned; passed December 10th, 1812. Section 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 part of the above recited act, requiring administrators, administratrix, guardians or distributees of any estate, to give personal notice, in writing, to be served twenty days on the parties in interest, if in the State, and ninety, if out of the State, be, and the same is, hereby repealed, so far as respects notices to parties out of the State. Sec. 2. And be it further enacted by the authority aforesaid , That before any administrator, administratrix or distributee of any estate, shall get an order for the distribution of any estate, from any of the Courts of Ordinary in this State, he shall give to all the parties twenty days notice, if in this State, and if residing out of the State, four months notice, by advertising, at least twice a month, in one of the newspapers of this State, any law to the contrary, notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. DIVORCE. AN ACT to divorce John J. Metzger, and Jane Metzger, to legalize the marriage of Shadrach Winkler with the said Jane, and to legitimate the issue born of the said marriage. Section 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 matrimonial connexion, or civil contract of marriage made between John J. Metzger, and Jane Metzger, formerly Jane McFarlane, be, and the same is, hereby completely annulled,
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set aside and dissolved, as fully and effectually as if no such contract had been entered into between them; and that this act shall be construed to extend to, and to operate from the date of the verdict rendered in an action of divorce, between the said John J. Metzger, and Jane, his wife, in the Superior Court of Chatham county, so as to legalize, and make valid the subsequent marriage entered into between the said Jane Metzger, and Shadrach Winkler, from its date, and to legalize and legitimate the children of the said Shadrach Winkler, and Jane, his wife, formerly Jane Metzger, whether born before or after the passing 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. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. EDUCATION. AN ACT to establish a general system of Education by Common Schools. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the first day of January, eighteen hundred and thirty-nine, the funds of this State heretofore known as the Academic and Poor School Funds, be, and the same are, hereby consolidated, and together with the interest on one-third part of the surplus revenue, derived to this State from the United States, and heretofore set apart for that purpose, shall compose and constitute a general fund for Common Schools, for the State of Georgia. Sec. 2. And be it further enacted by the authority aforesaid , That on the first Monday in January, eighteen hundred and thirty-nine, and on the first Monday in January, in each year thereafter, there shall be elected in each of said School divisions, five Commissioners, which elections shall be held at the places conducted and superintended by persons authorized to hold elections for Members of the Legislature, and county Officers, and all persons entitled to vote for Members of the Legislature and county Officers, shall be eligible to vote for such School Commissioners.
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Sec. 3. And be it further enacted by the authority aforesaid , That it shall be the duty of such Superintendents, at the various precincts of such School divisions, to meet together at the Court House in the county, the day after such elections, and consolidate the votes so polled, and certify as to who have received the highest number of votes, and who have been elected, which certificate shall be by them delivered to the Clerk of the Inferior Court of said county, and by him recorded; and the Superintendents of such elections shall, within ten days after the same, give written notice to the persons so elected School Commissioners, of their elections. Sec. 4. And be it further enacted by the authority aforesaid , That within ten days after the reception of such notice, the School Commissioners shall assemble together, and elect from their number a President of the Board, and a Secretary, and shall also appoint a Treasurer, who shall give bond and security to the Commissioners for the time being, and their successors in office, in such sum as they may fix upon, conditioned faithfully to discharge his duty as Treasurer, and should any vacancies happen in such Board of Commissioners, by death, resignation or otherwise, the same shall be filled by the Board itself. Sec. 5. And be it further enacted by the authority aforesaid , That it shall be the duty of the School Commissioners in each division, or a majority of them, to lay off their respective counties into School districts, conforming, as nearly as practicable, to the present Militia districts, in the same, in a manner most suitable and convenient for the purpose contemplated in this act. Sec. 6. And be it further enacted by the authority aforesaid , That they shall apply for, and receive from the State, their proportionable share of the general fund for Common Education, and shall apportion and divide the same among the several School districts in their divisions, in proportion to the number of children in each, between the ages of five and fifteen years, and shall make an annual report to the Governor, of the number of School districts in their respective divisions, the districts from which reports have been made to them, and the defaulting districts, the length of time a school has been kept in each; and also the amount of funds received by themselves or Treasurer, from the State, and from taxes raised, and in what manner the same has been expended, and the number of children taught in each district; which report the said Commissioners shall cause to be recorded by their Secretary, in a book kept for that purpose. Sec. 7. And be it further enacted by the authority aforesaid , That the Commissioners of each School division, shall, by this act be, and they are, hereby constituted a body corporate, under
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the name and style of the Commissioners of the Common School, and are made capable of suing and being sued; and the Trustees of the several school districts of each division, shall also be a body corporate, under the name and style of the Trustees of the district schools, with like powers as above, both of which said Corporations, shall be allowed and entitled to own real estate and other property, upon which to erect School houses, and for other purposes connected with the schools. Sec. 8. And be it further enacted by the authority aforesaid , That the Trustees shall be elected by ballot, on the first Saturday in January, annually, in each School district, the election to be held by one Justice of the Peace in said district, and one freeholder, and all persons entitled to vote for Justices of Peace, and none other shall be eligible to vote for such Trustees; and it shall be the duty of such Justice and freeholder, to certify to the School Commissioners of their divisions, the persons receiving the highest number of votes, and who are elected, within ten days after such election; and none but persons residing in such districts, shall be eligible, as Trustees. Sec. 9. And be it further enacted by the authority aforesaid , That it shall be the duty of such Justice and freeholder, presiding at such elections, to notify the persons elected Trustees, within five days after the same, of their election, who shall, within fifteen days after the receipt of such notice, proceed to ascertain the number of free white persons in their respective districts, between the ages of five and fifteen years, and return the same to the Commissioners of the School division to which they belong. They shall also receive from the School Commissioners, or their Treasurer, the funds to which they are entitled under the law, and on the first Monday of November in each year, make a report to the said Commissioners, showing the amount received, the manner of its expenditure, the number of children taught in their district, the length of time which a school has been taught, and the compensation paid to teachers and their names. They shall locate and superintend the erection of suitable School houses in their respective districts, at the most convenient and suitable places for the inhabitants and scholars residing in the same, shall employ and pay teachers and visit the schools, at least twice in the year. Sec. 10. And be it further enacted by the authority aforesaid , That the Commissioners and Trustees under this act, shall hold their office for twelve months, or until their successors are elected, and receive no compensation for their services. Sec. 11. And be it further enacted by the authority aforesaid , That it shall be the duty of the Governor, annually to distribute to the Commissioners of each School division in the State, their proportionable part of the Common School fund, which apportionment shall be made (by the last census, until the next
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census be taken, and then by that,) according to the number of free white persons, between the ages of five and fifteen years, of which he shall give to said Commissioners, in each division, immediate notice. Sec. 12. And be it further enacted by the authority aforesaid , That no monies received from the State by the Commissioners for School purposes, shall be expended for any other purposes, than for paying Teachers and purchasing books and stationery for children, whose parents are unable to furnish the same. Sec. 13. And be it further enacted by the authority aforesaid , That after these Schools shall have gone into operation, no Trustees for districts shall be allowed to receive any funds from the Commissioners, unless they shall have made a return signed by a majority of their number, showing the amount received by them, and how the same has been expended, and that a school has been kept in their districts, at least three months in the year preceding, or then ending. Sec. 14. And be it further enacted by the authority aforesaid , That all monies not drawn by any such defaulting district shall be added to the amount to be distributed the next year, and apportioned among all the districts in such divisions. Sec. 15. And be it further enacted by the authority aforesaid , That should the Commissioners, in any division, fail to apply for, and distribute the fund received as directed by this law, they shall be subject to a suit for damages, at the instance of the, Trustees of any district in such division, in any Court of law in this State having jurisdiction, and the amount of damages so recovered, shall be collected out of the private property of such Commissioners, and not from the funds of the School. Sec. 16. And be it further enacted by the authority aforesaid , That any unexpended balances (after the paying all just demands and contracts) which may be in the hands of any Trustees of Academies, or their Treasurer, or in the hands of any Treasurer of the Poor School Fund in this State, shall be by them immediately paid over to the School Commissioners of the division to which they belong. Sec. 17. And be it further enacted by the authority aforesaid , That all white persons between the ages of five and fifteen years, shall be allowed to be taught as scholars in the respective districts in which they reside, or in case their location may make it inconvenient, in the adjoining district, by making application to the Trustees thereof, who may admit them under such regulations as they may prescribe, though no one over the age of fifteen years, and under twenty-one, shall be excluded from said Schools. Sec. 18. And be it further enacted by the authority aforesaid , That in those counties where the inhabitants are thinly settled the commissioners may, if they think it best, refuse to lay off the
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same into school districts, but they shall employ a suitable number of Teachers who shall, under their directions, teach School not longer than three months in any one district or neighborhood, so that every section of such county shall receive, as nearly as can be, equal advantages from said fund; and it shall be the duty of the Commissioners of any such county in which the itinerating system may be thought best, to mention the same in their annual report; and so far as relates to the county of Baker, the Commissioners shall confine themselves to the three Military districts of said county. Sec. 19. And be it further enacted by the authority aforesaid , That the Commissioners and Trustees elected as aforesaid, in the foregoing act, before they enter upon the duties of their offices, shall take the following oath before any Judge of the Superior Court, Justice of the Inferior Court, a Justice of the Peace, in the county where they reside, viz: I, A B, do solemnly swear, that I will faithfully perform all the duties required of me by law, as Commissioner of Common Schools, or Trustee of Common Schools, as the case may be. Sec. 20. And be it further enacted by the authority aforesaid , That the Academic Fund of Scriven, Early, Burke, Bulloch and Effingham counties, now loaned out upon promissory notes and other instruments of obligation, to the people of those counties, shall not be paid to the Commissioners aforesaid, until said funds shall have been collected on said notes and obligations, by the payment of the regular per centage and periodical reductions, as heretofore required by the present Commissioners of said Academic fund: Provided , said funds are secured by good security. Sec. 21. And be it further enacted by the authority aforesaid , That each and every county in this State, shall be authorized to retain in the hands of the Commissioners of said counties, all the money belonging to the Academic and Poor School Funds in the aforesaid counties, shall be retained in said counties, and apportioned therein, to and for the purposes of this act, and not otherwise: Provided, also , that nothing herein contained, shall be so construed, as to take, or control any part of the sum of the Poor School Fund of Bulloch county, which was given by Benjamin Pearson, by his late will and testament, for the express purpose of the education of the poor of said county: Provided , that nothing in this act shall be so construed as to prevent the several county Academies in this State, from drawing their dividends of the Academic and Poor School Fund, for the years 1837 and '38: Provided, also , that all arrearages of the Poor School and Academic Funds, shall also be paid before this act goes into operation. Sec. 22. And be it further enacted by the authority aforesaid , That no Academy now in operation, shall be required to pay over
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to the School Commissioners, any property or money heretofore received from any source, or that may hereafter be received from private benefactors, or as income from its property or funds: Provided , that this act shall not repeal an act, assented to the fifth day of December, 1832, to alter and amend an act, regulating the Poor School Fund, passed the 22d day of December, 1828, so far as respects the Poor School Fund, of the county of Montgomery. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. ELECTION PRECINCTS. AN ACT to compensate one of the Justices of the Peace who may be a Superintendent of the Elections at the several Election Precincts in the county of Clarke. Section 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 be the duty of one of the Justices of the Peace who may be a Superintendent at each of the several Election Precincts established by law in said county, to meet at the Court House, and compare and consolidate the returns according to law, heretofore made and provided in such cases; for which services, each of the above named Justices of the Peace shall be allowed, for each return so made, the sum of two dollars, to be paid out of the county funds. Sec. 2. And be it further enacted by the authority aforesaid , That each of the said Justices shall make out their accounts, agreeably to the first section of this act, setting forth the day and date, and cause the same to be laid before the Justices of the Inferior Court of said county. Sec. 3. And be it further enacted by the authority aforesaid , That it shall and may be lawful for the Justices of the Inferior Court of said county, to issue their order, requiring the County Treasurer to pay the same out of any monies belonging to the county not otherwise appropriated. Sec. 4. 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. GEORGE R. GILMER, Governor. Assented to, 15th December, 1837. AN ACT to authorize the Justices of the Inferior Court of Baker county, to appoint Commissioners to superintend Elections in said county. Section 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 Baker county be, and they are hereby, authorized to appoint such number of Commissioners as may be necessary, to superintend the elections directed by law to be held in said county; and that the persons so appointed, shall take the oath now required to be taken by magistrates and freeholders who superintend said elections. Sec. 2. And be it further enacted by the authority aforesaid , That the certificate of said Court, that the person therein named has been appointed a Commissioner, under the provisions of this act, and that he has taken the oath required by law as a Superintendent of Elections, shall be sufficient authority to authorize the exercise of all power which a Justice of the Inferior Court or a Justice of the Peace may by law exercise, in superintending the general and county elections in this State. Sec. 3. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to compensate one of the Justices of the Peace or Freeholder, who may be a Superintendent of the Elections of the several Election Precincts in and for the counties of Walton, Jasper, Paulding and Nwton. Section 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, or Freeholder, who may be a superintendent at each of the several election precincts established by law in and for said counties of Walton, Jasper, Paulding, and Newton, to meet at the Court House in said counties, and compare and consolidate the returns, according to law heretofore made and provided in such cases; for which service each of the above named Justices or Freeholders, shall be allowed, for each return so made, the sum of one dollar, to be paid out of the county funds of said counties respectively. Sec. 2. And be it further enacted by the authority aforesaid , That each of the above recited Justices or Freeholders, shall make out their accounts 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 Courts 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 county, to issue their order, requiring the county Treasurer to pay the same out of any monies belonging to the county, not otherwise appropriated. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are, hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 14th December, 1837. AN ACT to alter and amend an act entitled an act to establish an Election Precinct in the county of Harris, passed on the 16th day of December, 1828. Whereas, by the first section of the before recited act, it is provided that certain elections therein specified should be held
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at the house of Joseph Whitaker, in the twentieth district of said county, and it is desirable for the convenience of the citizens of said county, to remove the place of holding the same Section 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 place of holding said elections shall be changed from the house of Joseph Whitaker to the house of Green B. Ellis, in said county; any law, usage or custom to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to change the place of holding Elections, from Christie's, in the county of Upson, to the store house of Andrew J. Dunn, in the same District. Section 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 elections for Governor, members of the Legislature, members of Congress, Electors to vote for President and Vice President of the United States, and County Officers, both civil and military, heretofore held at the election precinct known as Christie's, in the county of Upson, shall be held at the store house of Andrew J. Dunn, in the same District, in said county, under the same rules and regulations as elections heretofore held at said precinct. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to change the place of holding certain Precinct Elections in the county of Lee. Section 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 precinct elections now by law held in the (909th) nine hundred and ninth district, and in the (687th) six hundred and eighty-seventh district Georgia Militia, in the county aforesaid, be removed, and that said precinct elections hereafter be held at the places of holding Justices Courts in said Districts; and that the former laws governing said precinct elections, shall still remain in force; any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to establish an additional Election Precinct in the county of Pulaski. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall and may be lawful to hold elections for Governor, members of Congress, Electors of President and Vice President of the United States, Senators and Representatives to the Legislature, and all County Officers, at the house of William Thorns, in the 764th district, of Georgia Militia. Sec. 2. And be it further enacted by the authority aforesaid , That the elections that may be held at the precinct 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 county. Sec. 3. And be it further enacted by the authority aforesaid , That all laws or parts of laws, militating against this act, be, and they are, hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to establish an Election Precinct at the House of Joseph Blackburn, in the county of Dooly. Section 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 to hold elections for Governor, members to Congress, Electors of President and Vice President of the United States, Senators, and Representatives to the State Legislature, and all County Officers, at the house of Joseph Blackburn, in the 732d district, in the county of Dooly. Sec. 2. And be it further enacted by the authority aforesaid , That the elections that may be held at the precincts so established by this act, shall be conducted in the same way, and governed by the same law, that is now in force regulating precinct elections in said county of Dooly. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to establish, change, and regulate Election Districts in the several counties therein named, and to punish those who may attempt to defeat the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, all elections for Governor, members of Congress, members of the Legislature, elections to vote for Electors of President and Vice President of the United States, and all Officers, shall and may be held at the following places in the several counties hereinafter named, to wit:In the county of Troup, at the store house of Jordan Sanders, in the eleventh district of said county; in the county of Walton, at the store house of James Richardson, in the 559th district of Georgia Militia; in the county of Camden, at the house now occupied by Grandison Barber; in the county of Floyd, at the house of James Hemphill, in Van's
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Valley; also, at the house of James Dickson, in the 4th district; also, at the house of Jesse News, in Armachee Valley; also, at the house of James Wells, in Chattauga Valley; and at the house of Davenport, in the 24th district of said county. In the county of Coweta, at the store house of Seaborn J. Harper, in the 4th district of said county, on lot 109 in said district. In the county of Henry, at the Double Cabins, in 490th district of Georgia Militia. Sec. 2. And be it further enacted by the authority aforesaid , That the election heretofore held at the Halloca precinct, in the county of Muscogee, shall, on the first Monday in January next, be held at the place at which elections have heretofore been held in said district; but in every election thereafter, the elections for the Halloca precinct shall be held at the place of holding Justices' Courts for the 6th district of said county of Muscogee. In the county of Marion, at the house of Lewis Throwers, in the 807th district of Georgia Militia. In the county of Jackson, at the house of Hardy Mirmish, the place of holding one of the Justices' Courts in said county. In the county of Cass, at the house of Captain William McCrary, the present place of holding Justices' Courts for the 936th district, Georgia Militia. In the county of Franklin, at the house of Moses Manley. Sec. 3. And be it further enacted by the authority aforesaid , That the election district established and hold at the house of Wright Martin, in the 449th district, Georgia Militia, of Fayette county, be changed, and held for the future at the store house of B. and A. Westbrook, in said county. Sec. 4. And be it further enacted by the authority aforesaid , That the election district heretofore established at the house of John F. Myrick, in the county of Crawford, be changed, and for the future be held at Crowell's old stand, where Wilcox now lives, and to be hereafter held where the Justices' Court for said district shall be removed to. Sec. 5. And be it further enacted by the authority aforesaid , That the election district heretofore established at the house of Nathaniel Holly, in the county of Franklin, be changed, and for the future be held at the store house of Nathan Gunnels, in said district. Sec. 6. And be it further enacted by the authority aforesaid , That the election district heretofore established and held at the house of Charles Smith, in the county of Wilkes, be removed, and for the future be held at the house of Luke Turner, in Centreville, in said county. Sec. 7. And be it further enacted by the authority aforesaid , That the election precinct heretofore established at the house of Abram Hill, in the county of Meriwether, be removed, and for the future be held at the house of David C. Rose, on lot No. 120, in the second district in said county.
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Sec. 8. And be it further enacted by the authority aforesaid , That the election precinct heretofore established at the house of Edward Pittman, formerly, now William Settor's, of Hall county, shall in future be held at the house of Jonathan Martin, in said county. Sec. 9. And be it further enacted by the authority aforesaid , That the election precinct heretofore established and held at the store of Hugh Brewster, in the county of Campbell, be removed, and for the future be held at the place of holding Justices' Courts in said district. Sec. 10. And be it further enacted by the authority aforesaid , That the election precinct heretofore established and held at lot No. 741, in the 15th district of Cherokee, be removed, and for the future be held at lot 698, in said district and county. Sec. 11. And be it further enacted by the authority aforesaid , That the election precinct heretofore established and held at the house of Davenport, be removed, and for the future be held at the place of holding Justices' Courts in the said county. Sec. 12. And be it further enacted by the authority aforesaid , That an additional precinct be established at the house of John Cain, in the county of Gwinnett, and that the election precinct heretofore established and held at the house of James Gordon, be removed, and for the future be held at the house of William L. Borns, in said county. Sec. 13. And be it further enacted by the authority aforesaid , That the following shall be the places of holding elections in the county of Murray, to wit: at the house of R. R. Brown, at the store of Ambrose McGehee, and at the house of Clark T. Cogburn. Sec. 14. And be it further enacted by the authority aforesaid , That the following shall be the places of holding elections in the county of Monroe, to wit: at Gullettsville, in the 14th district; at Tinsley's store, in the 5th district; at the house of Hillory Pratt, usually called Sharp's old store, at the house of Charles Evans, in the 12th district; at Cullodensville, at the house of James Night, usually known by the name of Redbone, in the 11th district; at the house of Pouncey Maxey, in the third district; at the house of John Burton, in the 4th district, and at the town of Forsyth, in said county. Sec. 15. And be it further enacted by the authority aforesaid , That the elections that may be held at the several districts established by this act, shall be conducted in the same way, and governed by the same law, that is now in force regulating elections
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in the aforesaid counties, or other counties having election districts; any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to authorize and establish an additional Election Precinct in the county of Jefferson, and to authorize the compensation of one of the Justices of the Peace or Freeholder, who shall preside at said Election Precincts, and for carrying said election returns to the Court House of said county, for comparison and consolidation. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the citizens of Jefferson county shall be, and they are hereby, authorized, on all days of general and county elections, to vote at the house of Isaac B. Davis, in the seventy-seventh militia district, in all elections for Governor, Electors for President and Vice President, members of Congress, Senators and Representatives to the Legislature, and County Officers, under like restrictions and provisions with those enacted for regulating other precinct elections in and for said county. Sec. 2. And be it further enacted by the authority aforesaid , That from and after the passage of this act, one of the Justices of the Peace, or Freeholders, who may superintend the several precinct elections in the county of Jefferson, and carry said precinct election returns to the Court House of said county for comparison and consolidation, shall be authorized to make out his account against the county for one dollar and fifty cents, which account the county treasurer is hereby required to pay, out of any money in the county treasury. 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. GEORGE R. GILMER, Governor. Assented to, 28th December, 1837.
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AN ACT to establish, change, and regulate Election Districts in the several Counties therein named, and to punish those who may attempt to defeat the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, all elections for Governor, members of Congress, members of Legislature, Electors to vote for President and Vice President of the United States, and all County Officers, in the following counties, to wit: In the county of Talbot, at the house of Thomas G. Beech, in the twenty-second district, and also at the house of William Barnes, in the seventeenth district of said county; in the county of Sumter, at the store house of Eli F. Walker, in the 30th district, formerly Lee, now Sumter county; also, one other election precinct, at the house of Ansel Ashtel, of the 17th district of said county; also, at the house of James Cantril, in the county of Lumpkin, and at the places of holding each Justices' Court in said county, in all newly enacted districts in the county of Lumpkin; and in the county of Baker, at the store of Robert S. Hook, in the second district of said county, and at the house of Nelson Tiffs, in the village of Albany, in the first district of Baker county; in the county of Union, at the house of James Gadds, in the 844th Georgia Militia District; in the county of Oglethorpe, at the muster house, place of holding Justices' Courts in the 235th district Georgia Militia, said place now known as the house of Elbert Hardeman; in the county of Elbert, at Mount Pleasant Academy; in the the county of Washington, in the 98th district, at the house of Isaac R. Youngblood; in the county of Randolph, add an additional election precinct in the 11th district, at the house of Thomas Smith, or the place of holding Justices' Court; and to change the Kichafoona precinct, in Marion county, from the house of Eli Brown, to the house of Elbert Milton, in said county. Sec. 2. And be it further enacted by the authority aforesaid , That all elections held for County and State Officers, in the 40th company district, in the county of Tatnall, be moved from Captain Stricland's club house, to that of Capt. Southwell's club house, in said district. Sec. 3. And be it further enacted by the authority aforesaid , That from and after the passage of this act, it shall be lawful for all elections for county and military officers, to be held at the several precincts in Bulloch county. Sec. 4. And be it further enacted by the authority aforesaid , That one of the presiding superintendents shall be allowed one dollar for carrying up said returns to the Court House,
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which shall be paid out of the county funds of said county of Bulloch. JOSEPH DAY, Speaker of the House of Representatives, BOBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT to establish an Election Precinct in the county of Cherokee. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall and may be lawful to hold elections for Governor, members of Congress, Electors for President and Vice President of the United States, Senators and Representatives to the Legislature, and all County Officers, at the house of Aaron Fundley, in the twenty-third district of the second section in Cherokee county. Sec. 2. And be it further enacted by the authority aforesaid , That the elections held at the precinct established by this act, shall be conducted in the same way, and governed by the same law, now in force regulating elections. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to organize Military Districts in Union County. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the Justices of the Inferior Court of Union county, or a majority of them, are hereby authorized to lay off, organize, and fix the bounds of military districts in said county of Union; and that all elections for militia and civil officers in the same, shall be held and
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conducted pursuant to the laws now of force in said State; any law or usage to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 22d December, 1837. AN ACT to authorize the Justices of the Inferior Court of the county of Murray to form new Militia Districts in said county, and to alter those already laid out. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, the Justices of the Inferior Court in and for the county of Murray, shall be, and they are hereby, authorized to lay out and form as many new Militia Districts in said county, as they shall deem necessary and convenient for the people; and, also, to alter those Militia Districts in said county already laid out. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. EVIDENCE. AN ACT to regulate the admission of Oral Evidence, in reference to Written Instruments, in certain cases. Whereas, it is now the practice, in some of the Circuits of this State, to admit oral evidence to prove that deeds and bills of sales absolute upon their face, were intended as mortgages, or securities for the payment of money, or other thing, only without any charge of fraud in obtaining them. And whereas,
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such practice may lead to serious injuries to the rights of the good people of this State, over their property, and may present strong inducements to the commission of frauds and perjuries; for remedy whereof Section 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, oral evidence shall not be received in any Courts in this State, to show that a deed, or bill of sale absolute upon its face, made after the passing of this act, was intended as a mortgage or security for the payment of money or any other thing, unless there is a charge of fraud in obtaining the same, in which case oral evidence, going to show the fraud only, may be received; any law, usage, custom, or practice to the contrary notwithstanding. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. FERRIES. AN ACT to repeal so much of an act passed at the last annual session of the Legislature of the State of Georgia, as requires William Nelms to give security in the establishing the said Nelms' Ferry across Broad River, on his own land. Section 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, so much of the above recited act as requires William Nelms to give security in the establishment of his ferry, be, and the same is, hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to establish certain Ferries across Flint River, in the counties of Craford and Marion, and regulate the toll of the same. Section 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, John Mathews, his heirs and assigns, are hereby vested with the privilege of keeping a ferry across Flint River, in the county of Crawford, on his own land: Provided , the said John Mathews, his heirs and assigns, do keep a good ferry flat for the conveyance of passengers, and give due attention to said ferry; and that the said John Mathews have the right to demand and receive the same rates of toll as are allowed to other ferries on Flint River. Sec. 2. And be it further enacted by the authority aforesaid , That Mary Wanamaker and Slaughter Hill, be, and they are hereby, authorized to keep a ferry across Flint River, in the county of Marion, on their own land, respectively, and that they be allowed the same privileges as are allowed to John Mathews, in the first section of this act. 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. GEORGE R. GILMER, Governor. Assented to, 15th December, 1837. AN ACT to authorize and empower James M. C. Montgomery to establish a Ferry across the Chattahoochee River, on his own land, in the counties of De Kalb and Cobb. Section 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, James M. C. Montgomery, of the county of De Kalb, be, and he is hereby, authorized and enpowered to establish a ferry across the Chattahoochee River, upon his own land, in the counties of De Kalb and Cobb, at a place known by the name of the Standing Peachtree: Provided , the said James M. C. Montgomery do keep a
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good and sufficient flat or ferry boat for the conveyance of passengers, and give due attention to said ferry. Sec. 2. And be it further enacted by the authority aforesaid , That the said James M. C. Montgomery be fully authorized and empowered to demand and receive the same rates of ferriage as are received at other established ferries on said river. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to establish a Ferry across Flint river, between Drayton, in Dooly county, and Danville, in Sumter county, known as Shelby's Ferry, and to establish the rates of toll, and to define the rights and liabilities of the owner thereof. Section 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 Russel, administrator of John L. Shelby's estate, be, and the same is, hereby authorized to establish a ferry across Flint river, between Drayton, in Dooly county, and Danville, in Sumter county, and to charge and receive the following rates of toll, to wit: all road wagons, and four wheel pleasure carriages, fifty cents each; all two wheel wagons or carriages, twenty-five cents each; man and horse, twelve and an half cents; man or horse, six and a quarter cents, each; each led or drove horse, six and a quarter cents each; stock, three cents per head. Sec. 2. And be it further enacted by the authority aforesaid , That the said ferry shall be subject to the rules and regulations hereby existing by the laws of this State, in relation to ferries, and to all the liabilities and rights, which are by said laws enacted, all laws to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to establish a Ferry across Flint River in Crawford and Marion counties, on the lands of John Matthews and William L. Wilson. Section 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, that William L. Wilson and John Matthews, their heirs and assigns, are hereby granted the privilege of erecting and keeping a public ferry across Flint river, on Fraction No. 240, in the 1st District of originally Muscogee, now Marion county, and on the lands of John Matthews, adjoining thereto, in Crawford county: Provided , the said Wilson and Matthews shall, at all times, keep a good and sufficient flat or ferry boat, for the conveyance of passengers, and give due attendance at said ferry. Sec. 2. And be it further enacted by the authority aforesaid , That the same rates of ferriage shall be lawful to be received at said ferry, as those allowed by law at the ferry on said river, lately owned by Henry Crowell, in Crawford county. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to regulate the rate of ferriage at the several ferries on the Satilla river, in the county of Camden, and for other purposes. Section 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 rates of ferriage at the several ferries on the Satilla river, in the county of Camden, shall be as follows, to wit: for a loaded wagon and four horses, or more, seventy-five cents; for an empty wagon and four horses, or more, fifty cents; for a loaded wagon and two horses, fifty cents; for an empty wagon and two horses, twenty-five cents; for all four wheel pleasure carriages, fifty cents; for all two wheel pleasure carriages, twenty-five cents; for all one horse Jersey wagons, twenty-five cents; for all one horse carts, eighteen and three-quarter cents; for every man and horse,
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twelve and an half cents; for every led horse, six and a quarter cents; for every head of cattle, sheep, hogs and goats, two cents. Sec. 2. And be it further enacted by the authority aforesaid , That all Jurors who may have been summoned to attend the Superior or Inferior Court for said county of Camden, to be held in the town of Jefferson, in said county, and all voters at the general or county elections to be held at said town of Jefferson, who may desire to pass said ferry or ferries, to attend said Courts as Jurors or voters at said elections, shall be carried over said ferry or ferries, and returned free of any charge for going or returning, provided said voters re-pass said ferry or ferries, on the same day. Sec. 3. And be it further enacted by the authority aforesaid , That it shall be the duty of all and every proprietor or proprietors, of said ferry or ferries, to fix a board in a conspicuous situation, on the landing place, held by him or them. The board to be painted black, with white legible characters written on the same, noting the different rates of ferriage allowed by the laws. In case of such proprietor or proprietors, neglecting so to do, he or they, so neglecting, shall not be entitled to demand or receive, the rates of ferriage authorized by this act. Sec. 4. And be it further enacted by the authority aforesaid , That the persons owning ferries on said river, be required to give bond and security, for keeping in repair a sufficient flat and attendance. Sec. 5. 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. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT to authorize Henry W. Jernigan, Agent of the Florence Company, and Matthew Everett, to establish a Ferry across the Chattahoochie river, on their own land. Section 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, Henry W. Jernigan, Agent of the Florence Company, of the county of Stewart, and Matthew Everett, of the county of Barber, and
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State of Alabama, be, and they are, hereby fully authorized and empowered, to establish a ferry across the Chattahoochie river, on their own land, at or near the town of Florence, in the county of Stewart. Sec. 2. And be it further enacted by the authority aforesaid , That the said Henry W. Jernigan, Agent of Florence Company, and Matthew Everett, their heirs and assigns, be authorized to demand, and receive the same rates of ferriage, which have been established and allowed, to owners of ferries on said river: Provided, also , that the said Henry W. Jernigan, agent as aforesaid, and Matthew Everett, shall be responsible for all accidents which may occur in passing said ferry, on acount of negligence, or inability of said ferryman; any law to the contrary, notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. FIRE COMPANIES. AN ACT to exempt from Jury duty, the Members of the Washington and Niagara Fire Companies, of the city of Macon. Whereas, the said Washington and Niagara Fire Companies, are voluntary associations, for the purpose of rendering essential service to the citizens of Macon, in times of alarm from fire; and whereas, much time is necessary and essential, to discipline and practice the said companies, to make their service effectual. Section 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 Members of said Companies be, and they are, hereby exempted from Jury duty of the county of Bibb, so long as they be, and remain Members of said Companies. Sec. 2. And be it further enacted by the authority aforesaid , That it shall be the duty of the Captains of said Companies respectively to report to the Inferior Court all Members of said Companies, who shall leave the service of said Companies, or
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who shall not faithfully perform the duties required of them; and the said Court shall cause their names to be placed in the jury box. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. FRAUDULENT CONVEYANCES. AN ACT to point out and punish certain frauds therein specified, and to render null and void such conveyances or transfers, as may be thereby obtained. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That any person or persons who shall, after the passing of this act, fraudulently cause to be levied on by any process or execution, distress or attachment, any estray animal, or any lot or lots of land, knowing the same not to be subject thereto, shall be guilty of a misdemeanor, and on indictment and conviction thereof, such person or persons shall, for the first offence, be fined and imprisoned at the discretion of the Court; and for a second offence under this act, the person or persons convicted, shall be punished by confinement, and at hard labor in the Penitentiary, for any time not less than two years, nor longer than four years. Sec. 2. And be it further enacted by the authority aforesaid , That any and all conveyances or transfers, obtained under any such levy or levies, shall be null and void. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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FRAUDULENT LOTS. AN ACT to authorize a grant to be issued on certain terms, to John Jett, of DeKalb county, for the Northern half of lot of land No. 295, in the 18th District of originally Henry, but now DeKalb county. Whereas, the said lot of land, known and distinguished as lot No. 295, in the 18th District of originally Henry, but now DeKalb county, was, by due course of law, in the Superior Court of said county, condemned as fraudulently drawn. Whereby one-half of said lot vested in the informer, and the other half in the State; and upon division thereof, the Northern half of said lot was assigned to the State. And whereas, when the State's interest in said lot of land was afterwards, on the 1st Tuesday in January, 1828, exposed to public sale, by David R. Sullivan, Sheriff of DeKalb county, in the manner prescribed by the Statute, for that purpose made; and James Jett, now dec'd, bid off the same as the agent of the above named John Jett, at, and for the price of one hundred and sixty-three dollars and fifty cents. And whereas, the said John Jett, by reason of the Sheriff's postponing the receipt of the first instalment, and the issuing of the certificate for said land to another day, and then sickening and dying before the arrival of that day, was prevented from paying the first instalment, and obtaining a certificate. Section 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 his Excellency the Governor, do cause the grant of the State, for the Northern half of said lot of land No. 295, in the 18th District of originally Henry, but now DeKalb county, to be issued to the said John Jett, upon his, the said John Jett paying into the Treasury of the State, at any time within one year after the passage of this act, the sum of one hundred and sixty-three dollars and fifty cents; ten dollars excepted, which was paid over to the Sheriff at the time of the above stated sale. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1837.
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AN ACT to authorize Grants to issue, in the name of informants and purchasers, for parts of certain lots of land in the county of Cherokee, which have been condemned, as fraudulently drawn, and which have been partitioned and sold under an order of the Superior Court of said county. Section 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 Grants to issue in the name of informants, for that part of all lots condemned as fraudulently drawn, in the county of Cherokee, and which has been set apart and awarded to such informant by the partitioners appointed for that purpose, by the Superior Court of said county. Sec. 2. And be it further enacted by the authority aforesaid , That Grants shall issue in the name of the purchaser to that part of all lots condemned as fraudulently drawn, in the county of Cherokee, and which has been set apart and awarded to the State by the partitioners appointed to partition the same, by the Superior Court of said county, and which has been sold under an order of said Court. Sec. 3. And be it further enacted by the authority aforesaid , That Plats made out by the Sheriff or his Deputy, who assisted in partitioning the same, shall be held and received as legal and as good, as if the county Surveyor had done the same. Sec. 4. And be it further enacted by the authority aforesaid , That a certificate from the Sheriff, certifying that the terms of the sale has been complied with by the purchaser, shall be sufficient authority to authorize the Grants to issue, as contemplated by this act. Sec. 5. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to authorize the Sheriff of Heard county, to sell the State's interest in lot of land No. 28, in the 13th District, formerly Carroll, now Heard county, and to apply the proceeds of the same to Academic purposes. Section 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 Sheriff of Heard county, be authorized to sell the State's interest in lot of land No. 28, in the 13th District, formerly Carroll, now Heard county, which was condemned as a fraudulent draw; and that the Sheriff of Heard, have power to do and to act in reference to the same, in like manner as the Sheriff of Carrol could and should have done before the division of said county of Carroll. Sec. 2. And be it further enacted by the authority aforesaid , That the money arising from the sale of said land, be placed in the hands of the Trustees of Heard county Academy, to be applied to Academic purposes. Sec. 3. And be it further enacted by the authority aforesaid , That the Sheriff of said county be, and he is, hereby authorized to make titles to the purchaser of said land, as titles usually made by Sheriffs; any law, usage or custom, to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. GAMBLING WITH NEGROES. AN ACT to punish White persons for Gambling with Negroes. Section 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, if any White person or persons, are found playing and betting with Negroes, or playing or betting at any game with cards, for the purpose of betting upon, or winning or losing money, or any other thing or things, article or articles of value, or any property or any other article or articles, thing or things of value, may be indicted, and on conviction thereof, shall be imprisoned at hard labor in the Penitentiary, for any time not less than one, nor longer than three years. Sec. 2. And be it further enacted by the authority aforesaid ,
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That all laws and parts of laws militating against this act, are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. GRANTS. AN ACT to amend an act entitled an act to authorize the Governor and Secretary of State, Surveyor General and Comptroller General, to correct any errors that may have taken place in issuing any grant or grants, in any of the Land Lotteries of this State, passed December 22, 1827. Whereas, under the above recited act, the practice has been to correct errors in such grants only, as when the original grant was produced; and cases have arisen, wherein the original grant was lost or destroyed, or not in the possession of the fortunate drawer, or his, her or their representative, so that the same could not be produced for correction under the above recited act. For remedy whereof, Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, the Governor, Secretary of State, Surveyor General and Comptroller General, shall be, and they are, hereby required to correct any error or errors, in their respective offices, that may have taken place in the transcribing the name or names of the fortunate drawer or drawers, or in any other matter or thing connected with the issuing of any grant or grants, and also to correct any error or errors which may hereafter take place in the issuing of any grant or grants, for any lot or lots of land, in any of the aforesaid Land Lotteries of this State, where application shall be made by the fortunate drawer or drawers at their respective offices, for the purposes aforesaid; and that upon the correction of any such error or errors being made, in cases where the original grant is not produced, his Excellency the Governor, shall cause an alias grant to issue, conforming to the corrections hereby authorized and required to be made, and such alias grant, shall enure and take effect from the date of the issuing of the original
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grant, and shall be held, deemed and taken in the several Courts of Law and Equity in this State, in lieu of, and as a substitute for, such original grant. Sec. 2. And be it further enacted by the authority aforesaid , That where there is an application for an alias grant, under the provisions of this act, his Excellency the Governor, shall cause the same to be advertised in one of the public Gazettes of this State, for six months previous to the issuing of the same, and that the expense of said notice shall be paid by the applicant when taking out said alias grant. Sec. 3. And be it further enacted by the authority aforesaid , That the officers herein named, shall keep on file in their respective offices, a record of their several proceedings under the provisions of this act. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to extend the time for fortunate drawers in the several Land Lotteries, from the year one thousand eight hundred and eighteen, to the present time; and in the Lottery for the Gold Districts, in the Cherokee country, to take out their Grants. Section 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 and every person who was a fortunate drawer in the Land Lottery by authority of the act passed the 15th day of December, 1818, and all and every person who was a fortunate drawer in the several Land Lotteries, by authority of the several acts of the Legislature, subsequent to the year aforesaid; and that all and every person who was a fortunate drawer in the Lottery, by authority of the act, passed the 22d day of December, in the year 1830, for the disposition of the Gold Districts in the Cherokee country, shall have, until the 25th day of December, in the year 1840, to take out his, her or their grant or grants, for the lands drawn by him, her or them; and that the grant or grants shall issue to him, her or them, for the
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same, according to the provisions of said acts, on paying into the Treasury of this State, the usual fees now established by law: Provided , that this privilege shall not extend to those who may have drawn land in the counties of originally Early, Irwin and Appling, beyond the 1st day of November, 1840, and after that time, shall revert and become the property of the State. 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. GEORGE R. GILMER, Governor. Assented to, 11th December, 1837. GUARDIANS AND MINORS. AN ACT to authorize the Guardians of Minors to receive, recover and remove from the State of Georgia, property belonging to their Wards, or to which they may be entitled, in cases where such Guardians and Minors both reside without the State, and to prescribe the mode of doing the same. Section 1. Be it enacted by Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall and may be lawful for the guardian of any minor, child or children, residing out of the State of Georgia, who may have been appointed and qualified as such guardian in the State where such minor or minors reside, to ask, demand, receive, have and recover by due course of law, from any executor, administrator, or guardian, now appointed and qualified, or that may hereafter be appointed and qualified, in the State of Georgia, any and all property, real, personal or mixed, of what kind soever, belonging to said minor, child or children, or to which they may be entitled, whether by gift, grant, devise, bequest or inheritance, unless the same be contrary to the terms, conditions or limitations of such grant, devise or bequest: Provided , that such minor, resident, shall first exhibit to the Justices of the Inferior Court, when sitting for ordinary purposes of the county in which such executor, administrator or resident guardian may reside, or in which their administration or guardianship
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may be pending, satisfactory evidence that he or she is such guardian, and has given bond and security to the proper authority in the State where such minor or minors may reside, for the faithful execution of such guardianship, in double the amount of the value of the property in question, over and above the sum in which said guardian may be bound for the guardianship of property then being in the State in which he may reside. Sec. 2. And be it further enacted by the authority aforesaid , That the evidence which the said Justices of the Inferior Court, sitting for ordinary purposes, shall require under the foregoing section of this act, shall be an exemplification from the records of the Court in such other State, wherein such guardianship was granted, of all papers appertaining thereto, the certificate of the clerk of said Court (or Ordinary, or Judge of Probates where there is no clerk,) setting forth the sum in which such guardian hath given bond and security in that Court, over and above the amount required by law for the guardianship of property already being in that State, and affirming the sufficiency of the security to the guardianship bond, authenticated agreeably to the act of Congress in such cases made and provided, which shall be recorded and filed in the office of the clerk of said Court; and upon the exhibition thereof to the said Justices, sitting for ordinary purposes, at a regular term, and proof of twenty days' notice of application to be then made, having been given to the opposite party, the said Court shall pass an order, requiring the executor, administrator, or resident guardian, so notified, to pay over and deliver to said non-resident guardian, all the property, real, personal and mixed, of what kind soever, to his ward or wards, belonging and being in his or their hands; and a receipt therefor, with a schedule thereof, signed by said non-resident guardian, shall be delivered to said executor, administrator, or resident guardian, and shall be a sufficient voucher to the said Court in settlement or final return; and a duplicate of said receipt and schedule shall be delivered to said Court, and filed and recorded in said office. Sec. 3. And be it further enacted by the authority aforesaid , That it shall and may be lawful for said Court to enforce such order as provided in the second section of this act, as in other cases; but said non-resident guardian may also, after the obtaining of such order, sue for and recover from such executor, administrator, or resident guardian, at law or in equity, any and all such property not so delivered, and all monies due, wasted or invested; and the said non-resident guardian may remove to the State of his ward's residence all the personal property so removed or recovered. Sec. 4. And be it further enacted by the authority aforesaid ,
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That the said Justices of the Inferior Court, sitting for ordinary purposes, may, in their discretion, order the sale of any real estate by such non-resident guardian, as in other cases. Sec. 5. And be it further enacted by the authority aforesaid , That the benefits of this act shall not extend to the citizens of any other State which shall not have passed, or shall not pass, an act extending the like benefits to the citizens of this State, and that a certified copy of this act be sent by the Executive to the Governor of each of the United States. Sec. 6. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to empower Edward G. Wilson, a minor, of Chatham county, to act as a Deputy in certain offices, and to make legal all his actings and doings therein. Section 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 Edward G. Wilson, a minor, residing in the county of Chatham, be, and he is hereby, authorized to act as Deputy Clerk in the offices of the Clerks of the Superior and Inferior Courts of the aforesaid county, and to act as Deputy Clerk in the office of the Clerk of the Court of Ordinary of said county: and all his acts and doings in the said offices, shall be as valid and legal as the acts and doings of the Clerk or Clerks of said Courts, on his giving a bond of the same amount as the Clerk or Clerks of the said Courts aforesaid. Sec. 2. And be it further enacted by the authority aforesaid , That the said Edward G. Wilson, a minor as aforesaid, shall act only as Deputy in said offices aforesaid, and shall not be eligible to said offices whilst a minor. Sec. 3. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. INCORPORATIONS. AN ACT to incorporate the Athens Mechanics' Mutual Aid Association. Section 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 Right Rogers, Jno. R. Cozby, Jno. Reynolds, A. Brydie and Samuel Frost, and their successors and associates, be, and they are hereby, declared a body corporate, by the name and style of the Athens Mechanics' Mutual Aid Association, to hear and be heard, implead and be impleaded, by their said corporate name, and with such other powers as are usually incident to corporate bodies, and especially to appoint such officers and to establish such constitution, bye-laws and requisitions for the management of the said institution as a majority of the members may from time to time deem prudent: Provided , the same be not repugnant to the constitution and laws of this State, or of the United States. Provided , That nothing in this act contained, shall be so construed as to enable the said corporation to hold or acquire any real estate for any other than benevolent and charitable purposes. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December 1837. AN ACT to incorporate the Georgia Marble Company. Section 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 James M. Porter, I. Minis, Andrew Allison, A. B. Fannin, and F. M. Stone, and their associates, successors and assigns, be, and are hereby, constituted a body politic and corporate, by the name, style and title of the Georgia Marble Company, with a capital not exceeding two hundred and fifty thousand dollars; and the said Company may purchase and hold any lands they may find necessary, within this State, for the purpose of searching for, discovering, quarrying and manufacturing marble, and transporting the same again to sell and convey, as to them shall seem advisable. Sec. 2. And be it further enacted by the authority aforesaid , That whenever five hundred shares of stock in said company shall be subscribed, at one hundred dollars per share, and five dollars on each share shall have been actually paid in, and that fact shall be made to appear to the Governor of this State, then said persons aforesaid shall be a body corporate, in fact and in law, by the name, style and title of the Georgia Marble Company; and by that name the subscribers shall have perpetual succession, with all the privileges, franchises and immunities, and all the rights and authorities, incident to such a corporation, and be able and capable to sue and be sued, to plead and be impleaded, in all courts of record and elsewhere, and to purchase, receive, have, hold and enjoy, to them and their successors, lands, tenements and hereditaments, goods, chattels and all estates, real and personal and mixed, and the same from time to time sell, exchange, mortgage, grant, alien or dispose of, and to make such dividends of the portions or profits as they may deem proper; also, to make, have and keep a common seal, and the same to alter and renew at pleasure, and also to ordian, have and put in execution such bye-laws, ordinances, rules and regulations, as shall appear necessary for the government of said corporation, and the management of its affairs and business, not being contrary to the constitution and laws of the United States, nor the constitution and laws of this State, and generally to do all and singular the matter and things necessary, and which it shall lawfully appertain to do, for the well being and managing and ordering the affairs of said corporation: Provided , that nothing herein contained shall be construed to confer on the said company banking privileges, or any other liberties, privileges or franchises, other than such ordinary liberties, privileges or franchises, that may be necessary for the purposes of quarrying, manufacturing, carrying to market and vending marble, or other mineral substances and commodities. Sec. 3. And be it further enacted by the authority aforesaid , That the persons first named in this act shall give at least thirty days notice, in two newspapers printed in the city of Savannah,
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and such other newspapers in this State as they may select, of the time and place by them appointed for the subscribers to meet, in order to organize the said company, to choose by a majority of the votes of the said subscribers, by ballot, to be given in person or by proxy, duly authorized, one person President and three Managers of said Company, who shall conduct the business of the said company, until the second Monday in January then next, and until successors shall be duly chosen. Sec. 4. And be it further enacted by the authority aforesaid , That the stockholders shall meet on the second Monday in January in each year, at such place as may be fixed by the bye-laws, of which thirty days' notice shall be given in at least two newspapers printed in the vicinity of the operations of the said company, within this Commonwealth, and choose by a majority of the votes present, officers for the ensuing year, as mentioned in the third section of this act, who shall continue in office one year, and until others are duly chosen; and the President and Managers of the said company, for the time being, shall have power to conduct the affairs and business of the said corporation, to enact bye-laws, rules, ordinances and regulations for its government, to appoint such officers, agents and assistants as shall be found necessary and convenient for transacting its business, to manage and direct the estates, affairs, business and capital stock of the said corporation, and its increase and profits, as shall be found advisable; and in case the said capital stock hereby authorized shall, in their judgment, be found insufficient for the better managing and carrying on the affairs of the said corporation, to enlarge and increase the same, from time to time, as shall be found advisable for the purposes of the said corporation. Sec. 5. And be it further enacted by the authority aforesaid , That in all elections and other ballotings or votings by the stockholders, each stockholder shall be entitled to the number of votes mentioned in the ratio following, that is to say: For every share not exceeding five, one vote; for every two shares above five, and not exceeding twenty, one vote; for every five shares above twenty, one vote; but no person shall be entitled to more than one hundred votes for any number of shares he may hold: Provided , however, that the omission of the stockholders to meet and elect officers, shall work no forfeiture; but they may be afterwards called together for that purpose by the President and Managers. And this corporation to expire after the date of thirty years. Sec. 6. And be it further enacted by the authority aforesaid , That all shares of stock of said company shall be transferable by assignment, executed in person or by attorney, in presence of the President or Treasurer, or other officer of the company, who may be authorized for that purpose, in such
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form as the said President and Managers may direct; subject, however, to all payments due, or that may be due, on any share so assigned; and on failure to pay up any instalment on any stock, upon such due notice as the President and Managers may direct, the said President and Managers may declare such stock, and all payments therefor made thereon, forfeited, and if they deem advisable, re-sell the same. Sec. 7. And be it further enacted by the authority aforesaid , That the persons and property of said corporation shall be held and bound, in proportion to the amount of stock owned by each, for all contracts and liabilities made or executed, or incurred by the same, as in the case of individuals. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to incorporate the Savannah Foundry and Steam Engine Factory Association. Whereas, great inconvenience and loss have arisen to the citizens of Savannah and its vicinity, from the lack of an iron and brass foundry, and the necessary machinery and appurtenances for the reparation or renovation of the injured parts of steam and locomotive engines, and of other machinery; and whereas, William Scarborough and other parties, to unite with him, are desirous of forming an establishment by which the aforesaid inconvenience and loss will be remedied and for that purpose desire to be incorporated under the name of the Savannah Foundry and Steam Engine Factory Association Section 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 William Scarborough, with all such parties or persons who may hereafter become stockholders in the said association of company, be, and they are hereby, incorporated and made a body politic, by the name and style of the Savannah Foundry and Steam Engine Factory Association; and by that name shall be, and are hereby, made able and capable in law to have, purchase and receive, and retain to them and their successors, lands, rents, tenements, and hereditaments, goods, chattels, and effects, of what kind soever, as may be necessary for the
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purposes contemplated by this act, 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 to make, have and use a common seal, and the same to break, alter and renew at their pleasure; and also by such person or persons as a majority of the stockholders shall appoint for the management of the concerns and business of the said association or company to ordain, establish and put in execution, such bye-laws and regulations as shall seem convenient for the government of the said corporation, and to select and appoint all such officers and servants as may be necessary for the discharge of the business of the said association or company. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to incorporate certain persons, under the name and style of the Lumpkin County Mining and Manufacturing Company. Whereas, John Choice, Joseph J. Singleton, Benjamin Towns, Daniel Davis, John Hills, D. H. Mason, Nathan Baker, Cyrus Choice, and John McAfee, have formed themselves into a company, by the name and style of the Lumpkin County Mining and Manufacturing Company, for the purpose of mining gold and other metals, and manufacturing iron of every kind and description from ore, and of converting the iron so made into nails, hoes, shovels, ploughs, and any other articles made of that material, and for the purpose of manufacturing all kinds of glass-ware, as also cotton and wool, c. And whereas, for the more conveniently carrying on the operations of said company, the said persons desire an act of incorporation Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the said John Choice, Joseph J. Singleton, Benjamin Towns, Daniel Davis, John Hills, D. H. Mason, Nathan Baker, Cyrus Choice, John McAfee, and such persons as may hereafter become subscribers and stockholders in said company, and
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their successors and assigns, shall be, and they are hereby, created and constituted a body politic and corporate, by the name and style of the Lumpkin County Mining and Manufacturing Company; and by that name shall be, and they are hereby, made able and capable in law, to have, receive, purchase, possess, enjoy, and retain to them and their successors and assigns, 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 and dispose of; 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, or any other place whatsoever; to make and have a common seal, and the same to break, alter or amend at their pleasure; and also to ordain, establish and put in execution such bye-laws, rules and regulations as shall be necessary and proper for the government of said corporation: Provided , they be not repugnant to the laws and constitution of this State or the United States; and generally to do and perform all and singular such acts, matters and things as corporations may legally do and perform, for the purpose of carrying into effect the objects of the association: Provided , the capital stock of said company shall not exceed one million of dollars. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to incorporate the Cedar Shoals Manufacturing Company, in the county of Newton. Whereas, it is represented that Samuel J. Bryan, Noah Phillips, and John Persall, of the county of Newton, are the owners and possessed of lots ninety-eight and ninety-nine, in the tenth district of originally Henry, now Newton county; together with saw and grist mills and machinery; and are engaged in manufacturing cotton and wool, and propose to enlarge their manufacturing operations; therefore Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Samuel J. Bryan, Noah Phillips, and John Persall, and such other persons as may hereafter be concerned with them, or
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subscribe and become stockholders in said company, and their successors and heirs and assigns, be, and they are hereby, created a body politic, by the name and style of the Cedar Shoals Manufacturing Company of the County of Newton; and that as such, they may be capable of suing and being sued, may plead and be impleaded, contract and be contracted with, and use all means necessary and lawful for defending and securing all property which does now or may hereafter belong to said company; and may establish and use a common seal, and the same to break, alter or change at pleasure, and to ordain, establish, and put in execution, as soon as convenient after the passage of this act, such a constitution or code of bye-laws, rules and regulations, as shall be necessary and proper for the interest and government of such corporation: Provided , they be not repugnant to the laws and constitution of this State. Sec. 2. And be it further enacted by the authority aforesaid , That the company, under the name and style aforesaid, shall be, and is hereby, fully authorized to make all contracts which may be necessary for the benefit of said company, in their corporate name, 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, rent or lease, or dispose of, as they may determine most to their interest. Sec. 3. And be it further enacted by the authority aforesaid , That the said company may select and appoint their own agents, officers and servants, as they may be necessary for the discharge of the duties of said company, and remove at pleasure all such agents, officers and servants for the violation of any of the bye-laws of said company. Sec. 4. And be it further enacted by the authority aforesaid , That when said company may wish to enlarge their business, they have full power and authority to open a book or books of subscription for stock in the same, under such rules and regulations as they may establish. Sec. 5. And be it further enacted by the authority aforesaid , That nothing herein contained shall be so construed as to authorize said company to hold any real property other than that necessary to carry on the business for which it is incorporated. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837.
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AN ACT to incorporate the Indian Springs, in the county of Butts, and appoint Commissioners for the same. Section 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 Anderson F. Thompson, Morris Mathews, Hampton T. Dickon, James M. McClendon, and Peterson G. Brogdon, be, and they are hereby, constituted commissioners of the Butts County Indian Spring. Sec. 2. And be it further enacted by the authority aforesaid , That the aforesaid Commissioners, and their successors in office, shall have full power to pass all laws, rules and regulations, as shall seem to them most conducive to the health, peace, good order, and well being of said place, its inhabitants and visitors: Provided , the same shall not be repugnant to the laws and constitution of this State; and to execute and carry into effect such rules and regulations, and they shall have full power to appoint such officers as may be necessary. Sec. 3. And be it further enacted by the authority aforesaid , That in case any vacancy shall happen, of any of said Commissioners, the same shall be filled by the remaining Commissioners, or a Justice of the Peace, giving notice at least five days on the premises; which election shall be superintended by one Justice of the Peace and one Freeholder, or by two Freeholders, of said district; and all persons shall be entitled to a vote at said election who may have lived within the corporate limits of said Spring for one month immediately preceding said election, and who are entitled to vote for members of the Legislature. Sec. 4. And be it further enacted by the authority aforesaid , That said Commissioners shall have corporate jurisdiction over said place, shall be known and designated by the Indian Springs, in said county, and shall have power to issue executions for all penalties or fines by them assessed, and the same shall be collected by a bailiff, as magistrate's executions. Sec. 5. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to incorporate the Habersham Iron Works and Manufacturing Company. Whereas, a Company has been formed for the purpose of establishing extensive Manufactories of various kinds in the county of Habersham, in this State, and especially for the smelting and working of Iron making Castings, Nails and Bar Iron; and have, for these purposes, purchased an extensive body of land and water power in that county; and have now a large foundry, and other machinery in actual operation; and have asked to be incorporated with such privileges as may enable them to increase their means, and to extend their operations, not only in the various manufactures of Iron, but to those of Cotton and Wool, Hemp, Flax and other articles essentially useful and necessary: and whereas, such enterprises are beneficial to the State, and ought to be encouraged. Section 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 Mrs. V. Dugas, Julia Augusta Nimmo, William H. Turpin, John B. Guieu, Richard W. Habersham, sen., Paul Rossignal, E. D. Cooke, John S. Dobbins, Lewis Alexander Dugas, L. Charles Dugas, John Edgar, L. P. Dugas, John R. Mathews, Samuel A. Wales, Joshua M. Ballew, John Fraser, John W. Wilde, O. L. Dobson, Turner H. Trippe, A. Picquet, James Brannon, John V. Cowling, William M. D'Antignac and Lewis F. E. Dugas, with all such other persons, as now are, or may hereafter become stockholders in the said Company, be, and they are, hereby incorporated and made a body politic, by the name and style of the Habersham Iron Works and Manufacturing Company, and by that name shall be, and are made hereby capable in law, to have, purchase, receive and retain to them and their successors, lands, tenements and hereditaments, goods, chattels and effects, and the same again to sell, grant, demise, alien and dispose of, and to make a loan or loans of money, and to pledge the corporate property or any portion thereof, by way of Mortgage or otherwise, for the repayment of the same; and in that name to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in Courts of Record, and any other place whatsoever; and to make, have, and use a common seal, and the same to alter at pleasure; and also, by such person or persons as a majority of the stockholders shall appoint, in manner hereinafter mentioned, for the management and business of the said Company, to ordain, establish and put in execution, such bye-laws and regulations as are necessary for the government of the said corporation: Provided , the same are not contrary to the Constitution and Laws of the State of Georgia, and of
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the United States; and to appoint all officers necessary for the government of the said Company, (and the same again to dismiss at pleasure.) Sec. 2. And be it further enacted by the authority aforesaid , That the capital stock of the said corporation, shall not exceed six hundred thousand dollars, and shall be divided into shares of one hundred dollars each, to be disposed of in such manner, and at such times, and on such terms, as to the said Company may seem proper; that there shall be a Board of Directors, to consist of eleven members, whose term of service shall be one year, seven of whom shall be residents of the county of Habersham. One only of a firm owning stock in this Corporation, can become a Director, and no Director shall be eligible, unless he is bona fide a stockholder, to the amount of five shares; four Directors, and the President shall constitute a quorum of the Board of Directors; the said Directors to be elected by the stockholders, on the first Monday in February, at the Iron Works in Habersham county, and annually thereafter, on the second Wednesday in August, at the same place; but if the said stockholders should fail to elect a Board of Directors at the time and place specified, such failure shall not cause a forfeiture of this Charter, or of the privileges hereby granted; and the number of votes which each stockholder shall be entitled to give at such elections, shall be regulated by the number of shares which he, she or they may hold; one share shall entitle its holder to one vote, two shares to two votes, c. until the number of shares, so held by one person shall amount to one hundred; after which, every ten shares shall entitle to one vote: Provided , that no stockholder shall be entitled to vote at any election, unless he shall have held the stock in his name, on the transfer book of the Corporation, ninety days previous to the day of election; the votes may be given in by proxy, in writing, and the Board of Directors shall, at their first meeting after their election, in each year, proceed to elect one of their own body, to be President of the said Corporation, to continue in office for the year, unless removed by a majority of the Directors; and the said Board of Directors shall also have the power of filling any vacancy that may occur in their Board, either by resignation or otherwise, between the annual periods of the general elections by the stockholders, and shall also have the power to elect a Cashier or Treasurer, for the said Company, and again to remove him at pleasure; and such Cashier or Treasurer, before he enters upon the duties of his office, shall be required to give bond, with two or more sureties, in such sum as may be required by the Board of Directors, with a condition for his good behaviour, and the faithful performance of his duties to the Corporation. Sec. 3. And be it further enacted by the authority aforesaid ,
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That the said Corporation shall continue for the term of twenty years, but notwithstanding the expiration of the said term, it shall be lawful to use the corporate name, style, and capacity for the term of three years thereafter, for the purpose of suits, for the final settlement and liquidations of the affairs and accounts of the said Corporation, and for the sale of their esstate, real, personal and mixed. Sec. 4. And be it further enacted by the authority aforesaid , That when the Stockholders shall fail to elect Directors, the former Directors shall be considered in office until their successors are elected; and in the event of the Directors or a majority of them resigning or dying, so that there is no Board, it shall be lawful, in all suits and other proceedings against the Corporation, to leave a copy of such proceedings at any of the houses of any of the stockholders in the county of Habersham, which shall be deemed and taken, as a sufficient service of said proceedings. Sec. 5. And be it further enacted by the authority aforesaid , That nothing in this act shall be so construed, as to authorize the doing of any thing like banking business, by this Corporation; nor shall they be engaged as a Corporation, in lending or borrowing money, except in the one case specified in this act; when they shall execute a Mortgage upon their real estate, for security therefor. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to incorporate the First Universalist Society of Macon, Georgia; and the Hibernian Benevolent Society, of the city of Columbus. Section 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, John P. Evans, S. S. Stone, William Robinson, Zacharias Holloman, William Kibby, Pleasant Heath and Gersham Butler, together with such
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others as are now, or hereafter may become Members of the Association, called the First Universalist Society of Macon, Georgia, be, and they are, hereby declared to be a body corporate and politic, under the name and style of the First Universalist Society of Macon, Georgia; and shall be capable to receive, hold, and enjoy real and personal estate for the use and benefit of said Institution, and shall have perpetual succession of Members and Officers, and may have and use a common seal, and under the name and style aforesaid, may sue and be sued, plead and be impleaded, answer and be answered unto, in any Court of Law or Equity in this State, having the requisite jurisdiction. Sec. 2. And be it further enacted by the authority aforesaid , That the said Society shall be capable, in law, of receiving any bequest or donation, whether in money or other thing, for the benefit of said Institution, by whatever name or style the same may be made; and under the name and style aforesaid, when the interest and prosperity of the said Society seem to require it, sell, lease, or exchange any estate by them acquired, either by purchase, bequest or donation. Sec. 3. And be it further enacted by the authority aforesaid , That the First Universalist Society of Macon, Georgia, aforesaid, are hereby vested with full power and authority, to make and establish such bye-laws, rules and regulations for their own government, as they may deem expedient and necessary: Provided , such bye-laws, rules and regulations, are not inconsistent with the Constitution and Laws of the State of Georgia. Sec. 4. And be it further enacted by the authority aforesaid , That the Common Council of the city of Macon, be hereby authorized to grant to the Trustees of the First Universalist Society of Macon, aforesaid, any lot of land within the limits of the Corporation of Macon, which said Council may see fit to grant to said Society, for their use and possession: Provided , that said lot, so appropriated, shall not, on any occasion, be used as a burying ground. Sec. 5. And be it further enacted by the authority aforesaid , That the President, Vice President and Members of the Hibernian Benevolent Society, in the city of Columbus, or their successors in office, be, and they are, hereby created a body corporate and politic, under the name and style of the Hibernian Benevolent Society, of the city of Columbus, and by that name may sue and be sued, plead and be impleaded, in the several Courts of Law and Equity, in this State, to take, have and hold, all manner of real and personal estate, to have and use a common seal, and the same to break and alter at pleasure; to make, constitute and ordain, all rules and bye-laws necessary for the government of said Society: Provided , the
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same do not conflict with the Constitution and Laws of the State of Georgia, or of the United States. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to incorporate the Jackson-street Ice Company in the City of Augusta. Whereas, the persons hereinafter named have formed an association for the purpose of supplying the inhabitants of the city of Augusta with ice, and have applied for an act of incorporation, to enable them fully to carry into effect the object of this association Section 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, Noah Smith, Oswell E. Carmichael, Kerrs Hope, Benjamin W. Force, Lewis D. Ford, Martin Frederick, Thomas J. Walton, Samuel Clarke, Samuel Hale, John G. Winter, Robert D. Hamlen, Kitchen Robertson, Peter Golley, Isaac Henry, Snowden Shear, Pleasant Stovall, F. Lamback Co., Elisha Foster, Noah B. Cloud, Albert W. Smith, J. S. Clarke, Sacker P. Turpin, Thomas Richards, Hubbell W. Risbey, Thomas H. Plant, Augustus B. Longstreet, Augustin Frederick, John V. Cowling, George M. Thew, Isaac Moise, John Bones, James Frazer, John Moore, Benjamin B. Kirtland, Frederick A. Morgan, John J. Jones, Benjamin Sims, and B. L. Nehr, who now are, and such other persons as may hereafter become, stockholders or subscribers in or to said company, and their successors and assigns, be, and they are hereby, declared to be, a body corporate, by the name and style of the Jackson-street Ice Company; and by that name are hereby authorized to contract and be contracted with, and to sue and be sued, in any court of law or equity whatsoever. Sec. 2. And be it further enacted by the authority aforesaid , That the capital stock of said company shall be ten thousand dollars, in shares of fifty dollars each. Sec. 3. And be it further enacted by the authority aforesaid , That said company shall have power to appoint all necessary
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officers for the management and transaction of their business, and full power to make and ordain all bye-laws that may seem necessary to them, in relation to the transfer of the stock, the collection of assessments or instalments from the stockholders, the election of officers, and the business of the company generally; Provided always , that such bye-laws be not repugnant to the constitution and laws of the United States, or of this State. Sec. 4. And be it further enacted by the authority aforesaid , That said company shall be capable in law, of purchasing, receiving and holding any lands, tenements or hereditaments necessary to the convenient transaction of their business. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to incorporate the Irwinton Bridge Company. Section 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 erecting a Bridge across the Chattahoochee river, opposite the town of Irwinton, in the State of Alabama, commencing upon the lands belonging to the heirs of William Oliver, late of Randolph county, deceased, William Taylor, William Conyers, Allen Moy, Moses Stanley, Benjamin C. Jackson, Jonas Daniel, Reuben C. Shater, John L. Hunter, John M. Moore, Cullen Battle, John R. Tally, John Currie, William D. Cowan, John P. Booth, John W. A. Pettit, John M Morrison, and Clayton R. Woods, and their associates, successors and assigns, be, and they are, hereby created a corporate body politic, by the name and style of the Irwinton Bridge 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 bye-laws, and to do all lawful acts, properly incident and connected with the object of the said Corporation, and necessary for the government and transaction of its business, and the construction of the said Bridge, and to make and use a common seal, and the same to alter and destroy at their pleasure: Provided , that their bye-laws be not repugnant to the Laws and Constitution of this State, or of the United States.
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Sec. 2. And be it further enacted by the authority aforesaid , That the capital stock of the said Company shall be fifty thousand dollars, to be divided into shares of twenty-five dollars each; but the said capital stock may be increased to seventy-five thousand dollars, should it be found necessary to complete the said Bridge, with all its necessary appendages; and the Board of Directors shall prescribe the mode and conditions of the subscription for such additional stock, should it be required. Sec. 3. And be it further enacted by the authority aforesaid , That subscriptions for constituting the capital of said Company, shall be opened on the first Monday in January next, in the town of Georgetown, in Randolph county, under the superintendence of Martin Joyce, A. B. Magruder, Wright Stanley, John Benton, John Martin and James Harrison, any three of whom shall be competent to the discharge of their duties; and the Books of subscription shall be kept open for the space of ten days, (unless the number of shares shall be sooner subscribed for;) during which time, it shall and may be lawful for any person being a citizen of the United States, to subscribe for any number of shares, not exceeding Provided , that if the whole number of shares shall not be taken within the time before mentioned, it shall and may be lawful for any person or co-partnership, to subscribe for any number of shares unsubscribed for, as aforesaid; and the shares subscribed for, shall be payable in manner following, to wit: ten per cent. at the time of subscribing, and fifteen per cent. at the expiration of three months thereafter, and the balance of seventy-five per cent. at such times as the same shall be required by the Directors: Provided , that sixty days notice of the time at which such payment is required to be made, be given in one of the public Gazettes, of Columbus: Provided , that not more than twenty per cent. be required, at any one time of payment. Sec. 4. And be it further enacted by the authority aforesaid , That for the well ordering the affairs of the said Corporation there shall be seven Directors who shall be elected within thirty days after the said capital stock shall have been subscribed for. And in each and every year thereafter, there shall be an election for Directors, by the stockholders of said Corporation, a plurality of votes being required to make a choice; and the said Directors, at their first meeting after each election, shall choose one of their own number as President, and shall have power to fill any vacancy that may occur by the death, resignation or removal of the President. Sec. 5. And be it further enacted by the authority aforesaid , That the Directors for the time beina, shall have power and authority to appoint such Officers and Clerks under them, as shall be necessary, for executing the business of said Corporation,
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and allow them, together with the President, such compensation as shall be reasonable, 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 interests of said Corporation; and shall also have power to make contracts in their official capacity, which shall be binding upon the said Corporation. Sec. 6. And be it further enacted by the authority aforesaid , That the said Board of Directors, shall have power to select and take, or receive, as a donation, such parcel or parcels of land, as they may deem necessary for the construction, convenience and protection of the said Bridge, and its abutments, piers, pillars or any thing in any wise belonging to, or necessarily connected with the construction and protection of the said Bridge; and in case of disagreement between the owner or owners of the said land; and the said Board of Directors, in regard to the damages or price of any part of such land, it may and shall be lawful for the said Board of Directors, to appoint one disinterested freeholder, and for the owner or owners to appoint another disinterested freeholder as appraisers, and the Justices of the Inferior Court of Randolph county, shall appoint another disinterested freeholder; but if such owner or owners, shall decline to appoint an appraiser then two appraisers shall be appointed by the said Inferior Court, all of whom shall be sworn by an officer authorized to administer an oath, to make and return to said Court a just and impartial valuation of the damages or value of the land thus required by the said corporation, and their demand shall be in writing, and signed by at least a majority of the said appraiserswhich shall be held and taken as a judgment for the amount against the said corporation, and shall be enforced by an execution from the said Inferior Court, and the plat of the said land with the award shall be recorded in the said county of Randolph, in the same manner that deeds are, and shall vest the right of fee simple to the said piece or parcel of land in the said corporation, so soon as the valuation thereof shall be made as aforesaid, and paid for, or when the money may have been tendered and refused: Provided , if either party shall think proper, he, she or they may appeal to the Superior Court of said county, and have the damages ascertained by the verdict of a special Jury, and their decision shall be final. Sec. 7. And be it further enacted by the authority aforesaid , That the said corporation shall be allowed to demand and receive for crossing on said bridge the same toll as is by law now demanded and received for crossing on the toll bridge across the Chattahoochee river at Columbus. Sec. 8. And be it further enacted by the authority aforesaid , That the said corporation shall build a good and substantial
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bridge across the said river Chattahoochee, at the place before mentioned, so as not in any manner to obstruct the navigation of the said river, and the same shall keep in good repair; and if any person or persons shall wilfully or maliciously destroy, or in any manner hurt, damage, injure or obstruct, or shall wilfully and maliciously, cause or aid or assist, or counsel or advise, any other person or persons to destroy, or in any manner to hurt, damage, injure or destroy the said bridge, or any abutments, piers, pillars, or any thing else connected therewith, or any right or privilege granted by this act, and constructed under the authority thereof, such person or persons so offending shall be liable to be indicted, and on conviction thereof, shall be imprisoned at hard labor in the Penitentiary at the discretion of the Court, not less than four years, and shall be further liable to pay all expense of repairing or rebuilding the same, the one half of which shall be paid to the informer: Provided , that the said corporation shall commence the work in one year, and complete the same in three years after the passage of this act. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT to incorporate the Savannah River Embankment Company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Samuel Hale, John Phinizy, Samuel Clark, Walter Harris, John P. King, Valentine Walker, Lewis Harris, Robert A. Allen, John P. Eve, William Eve, Peter Bennoch, and David F. Dickerson, of the county of Richmond; Edward Hatcher, Juriah Harris, Atton Pemberton, Henry Parris, John Brigham, and Charles Nesmith, of the county of Burke; George Pollock, John H. Smith, Peyton L. Wade William Gum, Robert M. Williamson, senior, Edward J. Black, Thomas J. Burns, John S. Reeves, Peter Humphreys, and George H. Maner, of the county of Seriven; James Goldwire, Rachel W. Stirbake, Thomas M. Boston, and John R. Morgan, of the county of Effingham; G. B. Lamar, Thomas Purse, Henry McAlpin, Joseph Cumming, M. H. McAlister, John Williamson,
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and H. H. Smith, of the county of Chatham, and all other persons holding or owning lands, in either of said counties, on the Savannah Rivertheir associates, heirs, assigns and successors, be, and they are hereby, created and made a body corporate, by the name and style of the Savannah River Embankment Company, by which name they may contract and be contracted with, in relation to the purposes of their incorporation; sue and be used, answer and be answered, and shall have power to have and use a common seal, and the same to alter at pleasure. Sec. 2. And be it enacted by the authority aforesaid , That said company shall have power to raise, build and erect, on the land of any of the stockholders in said company, or any other person, any dam or embankment, or other barrier, necessary to keep off the waters of the Savannah River, and to keep the same in repair, and to do all other matters and things necessary to enable said corporation to effect the objects and purposes of their association. Sec. 3. And be it further enacted by the authority aforesaid , That said company shall have power and authority to appoint all officers, and make all bye-laws, that they may deem necessary, for the purposes of carrying on the object of the incorporation: Provided , the same be not contrary to the constitution and laws of this State or of the United States. Sec. 4. And be it further enacted by the authority aforesaid , That in case of disagreement between the said company and any land holder or owners, as to the right of way, or making an embankment, or canal, or ditch, on his, her or their land, the disagreement shall be settled in the manner prescribed in the fifteenth section of an act to amend the act incorporating the Central Railroad and Banking Company, approved on the fifteenth day of December, eighteen hundred and thirty-five; and all the provisions of said fifteenth section of said act are declared and made a part of this act, and all the privileges thereby granted to the Central Railroad and Banking Company, are hereby granted to the Savannah River Embankment Company. Sec. 5. And be it further enacted by the authority aforesaid , That if any person shall wilfully and maliciously destroy, or in any manner hurt, damage, or obstruct, or shall wilfully and maliciously cause or counsel and advise, any other person or persons to destroy, or in any manner to hurt, damage, injure, or obstruct, any dam, embankment, or other barrier, canal or ditch, made or being made, by said company, such person or persons, so offending, besides being liable to said company severally, shall be indicted in the Superior Court of the county
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where the offence is committed, and on conviction thereof, shall be fined and imprisoned, or either, at the discretion of the Court. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to incorporate the Jeffersonville Land Company, in the county of Twiggs, and to confer certain privileges on the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That John R. Lowery, Jesse Sinclair, Geo. W. Welch, Kelly Glover, Joshua R. Wemberly, Peter G. Thompson, Thomas J. Perryman, Milton Wilder, William Choice, William E. Carswell and Isaiah Atteway, be, and they are hereby constituted a body corporate, by the name and style of the Jeffersonville Land Company, of the county of Twiggs, for the purpose of forming a village and erecting a Female Institution. Sec. 2. And be it further enacted by the authority aforesaid , That said corporate body shall be capable and liable in law to sue and be sued, plead and be impleaded, to use a common seal, and the same to alter and change at pleasure, to buy and sell, to have and to hold property, both personal and real, with power to appoint such officers, and to pass, alter and repeal at such times as they may think proper, such by-laws and regulations for the government and interest of such corporation, as they may think most conducive to the welfare of such corporation: Provided , such by-laws and regulations be not repugnant to the Constitution of this State, or of the United States. Sec. 3. And be it further enacted by the authority aforesaid , That each and every member of said corporate body, may sell and convey their interest in the property of said corporation, both real and personal, under such regulations and rules as may be adopted by said corporation, and upon the death of any of the members of the same their interest in said corporate property shall pass to the legal heirs of said members, and that such legal heirs or purchasers shall have the same powers and privileges as are hereby conveyed to the above named individuals:
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Provided , that the said company shall not hold more land than a sufficient quantity of acres for a town. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to amend an act entitled an act to incorporate the Augusta Free School Society, passed December 25th, 1821. Section 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 Tax Collector of the county of Richmond, who shall collect the taxes for the year 1838, and every Tax Collector for each and every year thereafter, to enquire of every inhabitant of said county of Richmond, or his or her agent, at the time of paying his or her tax, whether the individual whose tax is so paid desires to be a member of the Augusta Free School Society, for and during the year then next ensuing; and upon such desire being signified, it shall be the duty of such Tax Collector to ask and receive from such individual, or his or her agent, the sum of one dollar for the benefit of the said Augusta Free School Society, and to enter the name of each individual so paying the same by himself or agent, together with the amount and a memorandum of the payment, in a book to be kept for that purpose; and on the first Saturday of October, in each and every year, to return the said book to the Secretary of the Board of Managers of the Augusta Free School Society aforesaid, and shall pay over the sum of money so collected to the Treasurer of the Trustees of the same; which shall constitute a part of the annual income of said corporation. Provided neverthless , that it shall be lawful for the said Tax Collector to retain and appropriate to his own use, twenty per centum on the amount so collected, as his compensation for such services. And the persons whose names are so returned shall be members of the said corporation for one year, commencing with the aforesaid first Saturday of October of that year. And the said Secretary
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from the book so returned, shall make out an alphabetical list of the members for that year, and shall file the said book in his office. Sec. 2. And be it further enacted by the authority aforesaid , That John Moore, William H. Turpin, John Bones, Robert F. Poe, and Charles J. Jenkins, and their successors, be, and they are hereby appointed and constituted Trustees of the Augusta Free School Society, who shall continue in office until their seats shall become vacant by death, resignation, removal from the county of Richmond, or removal from office as hereinafter provided; and upon the happening of every such vacancy, except by removal from office, the remaining Trustees shall fill such vacancy; but in no case shall any individual other than a resident of the county of Richmond, be appointed such Trustee. The remaining Trustees shall concur unanimously in the choice of a Trustee to fill such vacancy. But in the event of a failure to fill such vacancy during three months after it shall happen, the same may be filled by the managers hereinafter named. And it shall be the duty of the Trustees to receive and take control of the real and personal property, and the titles thereto, the bonds, notes, evidences of debt, moneys and all other things whatsoever to the said corporation now belonging and constituting its capital fund, or which may hereafter come or accrue by gift, grant, purchase, devise or in any other way, and the same to keep, invest, use and employ, and to change the investment of the same, or any part thereof, as in their discretion they may deem most conducive to the interests of said corporation, and to keep the common seal of the same. And the annual income from said property, in the hands of said Trustees, shall at all times be subject to the order of the managers hereinafter mentioned, signed by their Chairman and countersigned by their Secretary and Treasurer. But the unappropriated balance of the income of each year, if any, shall be added to and become a part of the capital fund to be used as hereinafter provided. And the said Trustees shall and may adopt such by-laws, rules and regulations, for their own convenient government, consistent with the Constitution and laws of the United States, and the State of Georgia, and this and the above recited act; and shall and may appoint such officers as they may deem expedient, and shall always keep, for the inspection of any manager or managers hereinafter mentioned, a fair and full minute of their proceedings: Provided always , that it shall not be lawful for the said Trustees at any time to sell, purchase, lease, rent, or take on lease, or rent, any lot, building, or appertenances, used, or to be used, for the immediate purposes of the School, without the concurrence of the managers hereinafter mentioned.
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Sec. 3. And be it further enacted by the authority aforesaid , That it shall and may be lawful for the Judge of the Superior Court presiding in Richmond county, in his discretion, upon the petition of two or more managers hereinafter named, verified by affidavit, setting forth that said Trustees, or any of them, are mismanaging, embezzling, or wasting, the funds, or any property belonging to said corporation, or are violating any provision of this act, or neglecting any duty required by it, and plainly and distinctly specifying the act or acts constituting such mismanagement, embezzlement, waste, violation or neglect, and praying his or their removal from office, to issue a Rule [Illegible Text] requiring the Trustee or Trustees, so complained of, to show cause, if any he or they have, on the first day of the next term of the Superior Court of Richmond county, why he or they should not be removed from office; a copy of which rule and petition, made out by the Clerk of said Court, shall be served upon each Trustee so charged, twenty days before the sitting of the Court to which it is returnable, by the Sheriff of the said county. And said Trustees shall either jointly or severally, in proper person, or by attorney, make a return to said rule on the first day of the term; which return shall plainly and distinctly set forth the matter of defence, either admitting the facts and justifying the alleged misconduct, or denying the allegations in said petition stated; and in all cases of admission and justification, the Judge of said Court shall proceed at the same term, after hearing the parties, to determine and adjudge the case, either dismissing the petition or removing the Trustee or Trustees so charged, from office, by an order to that effect, entered upon the minutes.But in case the allegations, or any of them, contained in the petition, be deemed in the return, the cause shall be submitted to a special Jury, under the usual oath, at the same term, (unless continued by the party respondent upon special cause shewn by affidavit) who, after hearing the evidence, the parties, or their attornies, and the charge of the Court, shall return a verdict in the following form: we find, (or we do not find,) sufficient cause for removal of the parties or party respondent, whereupon the Judge of said Court shall cause a corresponding order, as in the other case, to be entered upon the minutes of said Court: from which verdict or order there shall in no case be allowed any appeal. but the same shall be final and conclusive, unless a new trial be granted: Provided , that it shall and may be lawful for the Jury, by their verdict, to find, and for the Court by its order to adjudge the removal of one or more Trustees embraced in the issue, and discharge others so embraced; in which case those removed shall be specially designated by name. Either party shall be allowed
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the benefit of all rules, orders, and processes now in use, or which may hereafter be used on the common law side of said Court for procuring evidence. No continuance shall be allowed to the petitioners, (except for providential cause shewn,) and one only to the respondents, in case it shall clearly appear to the Court that the same is necessary to the advancement of justice. In every such case, costs shall be taxed as in common law suits, and shall be paid by, or collected from, the party against whom the order of the Court shall be. Sec. 4. And be it further enacted by the authority aforesaid , That whenever any such case shall be proceeding against all of said Trustees, and shall be continued at their instance, it shall and may be lawful for the Judge of said Court to appoint a receiver, whose duty it shall be to attend to the fiscal concerns of the said corporation, pending such litigation, so far as the same would otherwise have devolved upon the said Trustees; but he shall not in any case make sale of, or purchase any property whatsoever for, or on account of said corporation, without the order of said Court. And upon the removal from office of any number of said Trustees less than a majority, it shall and may be lawful for the remaining Trustees to fill the vacancy or vacancies occasioned by such removal; but upon the removal from office of the whole, or a majority of said Trustees, it shall be the duty of the Judge of the Superior Court of said county of Richmond forthwith to appoint by order entered upon the minutes of said Court, other persons residing in the county of Richmond, in lieu of those so removed, to each of whom the Clerk of said Court shall deliver a certified copy of the said order, which shall be filed with other papers held in custody of said Trustees. Sec. 5 . And be it further enacted by the authority aforesaid , That no act done by said Trustees shall be binding upon said corporation, unless a majority of them concur therein. And the said Trustees shall not be authorized to use the funds of said Society in mercantile operations or speculations of any kind, except to receive debts due, nor in any case to borrow them for the use of themselves, or any of them. Sec. 6. And be it further enacted by the authority aforesaid , That from and after the passage of this act, the annual meetings of the members of said Augusta Free School Society shall be held on the last Saturday of November in each year, at which the Chairman of the Board of Managers hereinafter mentioned, shall preside, and the Secretary and Treasurer of said Board shall act as Secretary; but in the absence of either or both, any other member or members may be called upon to act in such capacities. It shall be the duty of the Secretary to call the names of those who have been returned as members
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for the ensuing year, as provided in the first section of this act, and such persons and such alone shall be authorized to vote on all questions or elections at said meeting. The meeting thus organized shall elect fifteen persons from their own body, who shall be managers of the said Augusta Free School Society, for the ensuing year, and until their successors be appointed agreeably to the provisions of this section; but said meeting may be adjourned from time to time, as may be necessary; and should it fail in any year, it shall and may be lawful for the Managers to call a meeting of said members at any time, by giving seven days notice thereof in any of the public Gazettes of the city of Augusta; and any business may be transacted at any such called meeting which might have been transacted at such annual meeting; but all Managers elected at such called meetings shall continue in office until the next annual meeting, or the election of their successors, and no longer: Provided , that previous to the election of such Managers, the Secretary of the meeting shall read aloud the annual report of the Board of Managers hereinafter provided for. The powers which the said members of the Augusta Free School Society may exercise when so convened, shall be confined to the hearing and approving or disapproving, by resolution, of the report of the managers aforesaid, or any part of it, the election of Managers and the passing of resolutions advisory of either the Managers or Trustees aforesaid, touching matters appertaining to their respective duties, and seven, or any greater number of members shall constitute a quorum to do business. The Secretary shall keep in a book, appropriated to that use, a fair minute of the proceedings of said meetings. Sec. 7. And be it further enacted by the authority aforesaid , The Managers elected at any meeting of the members as aforesaid, shall convene within one week after such election, and appoint from their own body a Chairman, who shall preside at their meetings, and a Secretary and Treasurer, who shall regularly and fairly record their proceedings, and receive from the aforesaid Trustees and disburse, subject to the control of the Managers, the annual income of said corporation, or so much as may be deemed necessary for the current expenses of the said corporation; and any unexpended balance which may be in his hands at the end of the year, shall be reported to the members at their annual meeting, and returned to the Secretary and Treasurer of the Trustees aforesaid. The School or Schools kept in operation by said corporation, shall be under the superintendence and management of the said Managers, who shall be and are hereby authorized in their discretion, to establish one or more additional Schools in the county of Richmond. It shall be their duty to employ teachers
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regulate the admission of scholars, keep in repair the buildings and fences, delay the current expenses, and generally to transact all business of the corporation, and discharge all duties not confided to, or imposed upon the said Trustees by this act, and to make to the members at their annual meeting, or any meeting called in lieu thereof, a report of the state and condition of the School or Schools, their receipts and expenditures, and such other matters as they may deem advisable. They shall be empowered to fill vacancies in their own body, which may occur during the year, or which may occur in the offices of Chairman and Secretary and Treasurer, or to appoint a Chairman and Secretary and Treasurer [Illegible Text] in the absence of either, and to make such bye-laws, rules, and regulations as may be necessary for their own government, consistent with the Constitution and laws of the United States and of this State, and with this act and that whereto it is amendatory and appoint such other officers and agents as they may deem proper. They shall also determine by rule or bye-law, what number shall constitute a quorum to transact business. Sec. 8. And be it further enacted by the authority aforesaid , That nothing in this act contained, shall be so [Illegible Text] as to invalidate any act or acts of the Society heretofore done, nor any donations, bequests or devises heretofore made to said corporation, but not yet reduced to possession; but all such acts shall be deemed good and valid, and all such donations, bequests and devises shall be paid over or delivered to the said Trustees, or their successors, for the benefit of the said corporation. Sec. 9. And be it further enacted by the authority aforesaid , That the persons now members of said Society, shall continue to be so until the first Saturday of October, 1838; and that the Directors now in office shall be continued until the annual meeting of said Society in 1838, agreeably to the provisions of this act. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to incorporate the German Friendly Society of the city of Savannah. Whereas, a voluntary association of persons has been formed in the city of Savannah, under the name and style of the German Friendly Society of the city of Savannah, the objects and purposes of which association are for the relief of indigent members, their widows and orphans, and to promote social and friendly harmony among the members of said association: and whereas, the said persons so associated under the name and style aforesaid, are desirous of being incorporated. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the several persons and members of said association, to wit: F. A. Mealy, John Millen, Peter G. [Illegible Text] David Leon, William Herb, Thomas Purse, and others, who shall [Illegible Text] [Illegible Text] become members of the said association respectfully, and the successors, officers and members of the same, shall be, and they are hereby declared to be a body corporate, in deed and in name, by the name and style of the President and Vice President of the German Friendly Society of the city of Savannah, and by the said name shall have perpetual succession of officers and members, and a common seal to use, with power to make, alter, change and amend such bye-laws and regulations as may be agreed on by the officers and members of said Society: Provided , such laws be not repugnant to the laws and Constitution of this State, and that they have privilege to sue for and recover all monies that now are, or that may be due to the said German Friendly Society, by any name, or in any manner whatsoever, and the rights and privileges of the said Society in any Court to defend and receive, take and apply all or any donations for the use intended by the said Society, and also to purchase and dispose of any property, real or personal, for the use and benefit of said Society, and shall, and hereby are declared to be vested with all the privileges, powers and advantages, rights and immunities of a Society of people incorporated for the purposes intended by their association and institution.
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Sec. 2. And be it further enacted by the authority aforesaid , That this act shall be deemed and taken as a public act to all intents and purposes whatsoever. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to amend an act, entitled an act to incorporate the Baptist Convention of the State of Georgia. Section 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 if by the act entitled an act to incorporate the Baptist Convention of the State of Georgia, said Convention, or their Executive Committee, are invested with taxing power, all such power is hereby annulled and made void. Sec. 2. And be it further enacted by the authority aforesaid , That the Executive Committee of the Baptist Convention of the State of Georgia, shall have power to establish and endow a collegiate institution, to be known by the name of the Mercer University, on the premises owned by said Convention, in Greene county: and said committee are hereby authorized to make all necessary bye-laws and regulations for the government of said University: Provided , They be not repugnant to the constitution or laws of the State, or the United States, until a Board of Trustees shall be appointed by the aforesaid Baptist Convention. Sec. 3. And be it further enacted by the authority aforesaid , That the Baptist Convention of the State of Georgia may at its next meeting, or at any subsequent meeting, elect a Board of Trustees for the said Mercer University, consisting of not less than fifteen, nor more than thirty-one in number, who shall, or their successors in office, be a body politic, and corporate, by the name of the Trustees of the Mercer University, and as such they shall be capable of, and liable in law to sue, and be sued, to plead and be impleaded, and shall be authorized to use a common seal, to hold all manner of property, both real and personal, for the purpose of making a permanent endowment of said institution, and to raise funds for the support of the same, and for the erection of buildings, or to confer literary degrees,
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and to exercise such other power, not inconsistent with the laws of this State or the United States, as the aforesaid convention may see fit to vest in their hands. Sec. 4. And be it further enacted by the authority aforesaid , That the aforesaid Convention shall be authorized to determine the manner in which said Board of Trustees shall be perpetuated, and the character of the individuals from whom they may be chosen. Sec. 5. And be it further enacted by the authority aforesaid , That upon the premises now owned by the Baptist Convention of the State of Georgia in Greene county, or that may hereafter come into their possession, no person shall by himself, servant, or agent, keep, have, use or maintain, a gaming house or room of any description, or permit with his knowledge any house or room occupied or owned by him, to be used by any person whatever, as a place of gaming, nor shall any person upon the premises aforesaid, by himself, servant, or agent, keep, employ, or allow with his knowledge, to be kept or employed on the premises, he may occupy, any Faro Table, Billiard Table, E. O. Table, or A. B. C. Table, or any other table of like character, nor shall any person by himself, servant, or agent, upon the premises now owned by the aforesaid Convention, in Greene county, or that may hereafter come into their possession, to be allowed to sell ardent spirits, wine, cordials, porter, or any other intoxicating drinks whatever, nor permit the same to be done with his or her knowledge or approbation, on the premises, which he or her may occupy: Provided, however , That the Trustees of the Mercer University may have power to authorize any individual to sell ardent spirits, wines, c., apon their premises, for medical and sacramental purposes, any person violating the prohibitions contained in this section shall be liable to be indicted for a misdemeanor before the Superior Court, and on conviction, shall be fined in a sum not less than one thousand dollars for each and every offence. Sec. 6. And be it further enacted by the authority aforesaid , That the Executive Committee of the aforesaid Convention, in executing titles for lots which they may sell from time to time, shall have power to invest such condition as may tend further to defend the premises aforesaid, from the nuisances specified in the foregoing sections of this act. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 22d December, 1837.
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INSURANCE AND TRUST COMPANIES. AN ACT to amend 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, so far as respects the Oglethorpe Insurance and Trust Company in the city of Macon. Section 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 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, except as drawer or endorser of Bills of Exchange. 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. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. INDIANS. AN ACT to provide for the protection of the citizens of the Cherokee Country, and for the removal of Cherokee and Creek Indians from the limits of this State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That there shall be organized in the counties of Union, Gilmer, Lumpkin, Murray, Walker, Floyd, Cass, Paulding, Cobb, Cherokee, and Forsyth, a company of sixty mounted men each, including officers, to be raised by volunteers where no, company is already organized and commissioned for that purpose. Sec. 2. And be it further enacted by the authority aforesaid , That so soon as said volunteer companies are formed, they shall proceed to elect the usual company officers, and report the same to his Excellency the Governor, who shall issue the necessary commissions for each, accordingly.
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Sec. 3. And be it further enacted by the authority aforesaid , That said companies shall be organized, commissioned, and considered in the service of the State, when called out by the Executive of this State, unless a movement among the Indians should create such an emergency as will require, in the opinion of the commanding officer, immediate action, in which case he may call them forthwith to the field, and report his reason to the Executive for having done so. Sec. 4. And be it further enacted by the authority aforesaid , That the said companies shall, on the twentieth day of January next proceed to the Court Houses in the aforesaid counties, to elect Colonel and Lieutenant Colonel as is usual, each officer preserving his regular grade and command, and the several returns of the elections, superintended by the Captain, first Lieutenant and second Lieutenant, and by them certified, shall be forwarded to Cassville, Cass county, and there consolidated by at least three of the Captains commanding said companies, and the result thereof shall be certified to the Governor by said Captains, and the Governor shall issue commissions accordingly. Sec. 5. And be it further enacted by the authority aforesaid , That the whole of said company shall be under the command of said Colonel and Lieutenant Colonel as is usual, each officer preserving his regular grade and command: and said Colonel shall have the liberty of forming each staff as is customary with Colonels commanding Regiments. Sec. 6. And be it further enacted by the authority aforesaid , That it shall be the duty of said commander to co-operate with the United States troops, if necessary, in removing all the Cherokee and Creek Indians from within the limits of this State, immediately after the twenty-fourth day of May next. Sec. 7. And be it further enacted by the authority aforesaid , That the officers and men who may be called into service under the provisions of this act, shall receive for and during the time of actual service, such pay as is allowed to mounted men in the service of the United States, and that the Governor shall, and he is required to pay the same, as well as all other expenses incident to the whole of said service in this bill mentioned, out of any monies which shall be appropriated for that purpose. Sec. 8. And be it further enacted by the authority aforesaid , That his Excellency the Governor, be, and he is hereby required to furnish said Companies, with the necessary arms and
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ammunition to complete their organization, and fit them for actual service. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. JURORS. AN ACT to legalize the drawing and summoning of the Jury for the Inferior Court of Coweta County, for the December Term in 1837. Whereas, the Inferior Court of Coweta county failed to draw a Jury at the June term, for the December term of 1837, and the same not having been drawn within the time prescribed by law; for remedy whereof: Section 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 Jury drawn and summoned for the December term of the Inferior Court of Coweta county, in 1837, be legalized and made valid in law; and the verdicts that they give shall be binding and valid in law as if they had been drawn within the time prescribed by law. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to compensate Grand and Petit Jurors of the County of Bibb. Section 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 Justices of the Inferior Court of the county of Bibb, be, and they are hereby, authorized to levy an extra tax, whenever the county fund raised by the usual taxation, shall be insufficient for the purpose, to constitute a fund for the payment of Grand and Petit Jurors. Sec. 2. And be it further enacted by the authority aforesaid , That each Grand and Petit Juror, for the county of Bibb, shall, in addition to the fees now authorized by law, be paid the sum of one dollar for each day he shall serve; and the certificate of the clerk, of the number of days he shall serve as a Juror aforesaid, in the Superior or Inferior Courts, as the case may be, shall be a sufficient authority to the County Treasurer to pay the same; and that the said Treasurer pay the same accordingly. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 22d December, 1837. AN ACT to compensate Grand and Petit Jurors in the Counties of Wilkes and Thomas. Section 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 persons summoned, and who may hereafter be summoned, to attend the Superior and Inferior Courts of the counties of Wilkes and Thomas, as Grand and Petit Jurors, and who shall be sworn and empannelled as Jurors, aforesaid, shall severally be entitled to receive from the County Treasury one dollar and fifty cents per day, for each and every day the said Jurors may attend the Courts as aforesaid, to be paid upon presentation of a certificate of services to the Clerk of the Inferior Court, signed by the Juror or Jurors aforesaid, and countersigned by the presiding Judge of the Superior Court, or one of the Justices of the Inferior Court of the county aforesaid. Sec. 2. And be it further enacted by the authority aforesaid , That the fee of three dollars, now allowed by law for the trial of each and every case in said Courts, and all other fees allowed by law, shall be received by the respective clerks of the Superior and Inferior Courts, and be by them paid into the
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county treasury, and shall become a part of the county funds. Sec. 3. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act, be, and the same are, hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS. President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT authorizing the Justices of the Inferior Court, in the county of Wayne, to draw Grand and Petit Jurors in said county, in certain cases herein provided for. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That immediately after the passing of this act, it shall be lawful for the Justices of the Inferior Court in the county of Wayne, or any three of them together, with the Sheriff and Clerk of the Superior Court, shall be authorized, and they are hereby required, to draw Grand and Petit Jurors, to be summoned as heretofore provided for by law, to serve at the next Superior Court to be held in said county. Sec. 2. And be it further enacted by the authority aforesaid , That in all cases in said county, where the Superior Court shall fail to sit, in two successive terms, Jurors shall be drawn and summoned as provided for in the first section of this act. Sec. 3. And be it further enacted by the authority aforesaid , That in all cases where Jurors shall be drawn and summoned agreeable to the provisions of this act, each of them shall be bound to give their attendance accordingly, under the penalty of the laws enforced in case of failure. Sec. 4. And be it further enacted by the authority aforesaid , 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. GEORGE R. GILMER, Governor. Assented to, 22d December, 1837.
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AN ACT to alter and amend the laws of this State, pointing out and regulating the mode of drawing and summoning Grand and Petit Jurors in this State, so far as respects the Counties of Muscogee, Bibb and Baldwin. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall and may be lawful for the Judge of the Superior Courts in the Chattahoochee Circuit, the Judge of the Superior Courts of the Flint Circuit, and the Judge of the Ocmulgee Circuit, at each term of their respective courts in the counties of Muscogee, Bibb and Baldwin, draw from the Grand Jury boxes of said counties, two pannels of Grand Jurors, to serve at the next succeeding term of said Court in each of said counties within their circuits, respectively, that two separate lists of the Grand Jurors so drawn, one for each pannel shall be made out at the time of drawing the same, by the several clerks of said respective courts; that the first list shall be ordered by the court to be summoned to appear on the first day of the next term, and to serve as Grand Jurors at said term to such period in said term as the Judge of that Court shall then order and direct; that the second pannel drawn shall be summoned to attend at said Court to serve as Grand Jurors from such day, in said term, to the expiration thereof, as the Judge of said Court shall order and direct; and that on the day in which the second pannel is summoned to appear, the first pannel may be discharged for the balance of the term. Sec. 2. And be it further enacted by the authority aforesaid , That from and after the passage of this act, it shall and may be lawful for the Judge of the Superior Courts, in the respective counties aforesaid, of their circuits, at each term of said courts in the counties of Muscogee, Bibb and Baldwin, to draw from the Petit Jury boxes of said counties, a list of each of which shall be separately kept, and handed by the clerk to the Sheriff or Deputy Sheriff of their respective counties; that the first pannel drawn shall be summoned to appear on the first day in the term of said court for which they are drawn to serve, and shall serve until such day in said term as the Judge of said Court, at the time of drawing the same, shall designate, on which day, so designated, the second pannel shall be summoned to appear and serve, until such other day in said term as the said Judge, at the time of drawing of the same, shall designate; at which time the first pannel may be discharged for the balance of the term; that the third pannel shall be summoned to appear on such day in said term as the Judge of said Court, at the time of drawing the same, shall designate
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and shall serve during the balance of the term, on which day the second pannel may be discharged for the balance of the term: Provided , nothing in this act contained shall be so construcd as to render it obligatory upon the Judge of the Ocmulgee Circuit to draw a third pannel for the county of Baldwin. Sec. 3. And be it further enacted by the authority aforesaid , That this act shall be so construed as to leave it discretionary in its enforcement with the Judges of the Superior Courts of the Flint and Ocmulgee Circuits, according to the exigency of the public service in the counties of Bibb and Baldwin. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to compensate the Grand and Petit Jurors of Franklin and Habersham Counties. Section 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 several citizens of Franklin and Habersham counties, summoned to attend the several Superior and Inferior Courts of said counties, as Grand and Petit Jurors, and who shall attend the same, shall each be entitled to receive from the Treasurers of said counties, the sum of one dollar 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 Inferior Court, 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. 2. And be it further enacted by the authority aforesaid , That the Inferior Courts of said counties be, and they are hereby, authorized and required to levy an extra tax for the purpose of paying said Jurors. Sec. 3. And be it further enacted by the authority aforesaid , That the clerks of the Superior and Inferior Courts shall collect all the fees now paid to the Jurors, on confessions or verdicts, and pay the same over to the Treasurers, which shall become a part of the Jury fund. Sec. 4. And be it further enacted by the authority aforesaid ,
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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. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to compensate the Grand and Petit Jurors of Cobb County, and to authorize the Inferior Court of said County to levy an extra tax for that purpose. Section 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, each Grand and Petit Juror of said county shall be entitled to the sum of one dollar per day for every day he shall actually serve as a Grand or Petit Juror. Sec. 2. And be it further enacted by the authority aforesaid , That the Justices of the Inferior Court of said county, or a majority of them, be, and they are hereby, authorized to levy an extra tax for the compensation of the Grand and Petit Jurors of said county. Sec. 3. And be it further enacted by the authority aforesaid , That the certificate of the Clerk of either of the several Courts of said county shall be sufficient evidence of the service of a Juror, and on presentation, shall be paid by the County Treasurer, to the holder thereof. Sec. 4. 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. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837.
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AN ACT to compensate Grand and Petit Jurors in the County of Talbot. Section 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 several persons, citizens of Talbot county, summoned to attend the sittings of the Superior and Inferior Courts of the county aforesaid, as Grand and Petit 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. 2. And be it further enacted by the authority aforesaid , That all the fees now paid Grand and Petit Jurors, for confessions and verdicts, shall be paid over to them as heretofore. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to compensate the Grand and Petit Jurors of the Superior and Inferior Courts of the several Counties herein named, and to provide for the payment of the same. Section 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 Grand and Petit Jurors of the Superior and Inferior Courts of the Counties of Lee, Forsyth, Glynn, Floyd, Cass, Cobb, Cherokee, Coweta, Scriven, Lowndes, Hall, Early, Habersham, Henry, Walker, Elbert, Gwinnett, Randolph, Bryan, Newton, Butts, Fayette, Telfair, Murray, Upson, Talbot, Campbell, Twiggs, (excepting the Grand Juries of Twiggs county,) Emanuel, Crawford and Franklin, who shall attend the Superior and Inferior Courts of the aforesaid Counties, shall each be entitled to receive
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from the Treasurer of the several Counties the sum of one dollar per day for each and every day they may be in attendance: Provided , That to entitle a Juror to receive the compensation aforesaid, he shall produce the certificate of the Sheriff, countersigned by the Clerk of said Court, 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. 2. And be it further enacted by the authority aforesaid , That the Clerks of the Superior and Inferior Courts of the Counties aforesaid, be required to collect all the fees now paid to the Grand and Petit Jurors, for confessions and verdicts, and pay the same over to the Treasurer of said Counties. Sec. 3. And be it further enacted by the authority aforesaid , That from and after the passage of this act, the several persons, citizens of the counties of Pulaski, Crawford, Walton, McIntosh, and Pike, summoned to attend the sittings of the Superior and Inferior Courts of the counties aforesaid, as Petit Jurors, and who shall attend the same, shall severally be entitled to receive from the Treasurer of said counties, the sum of one dollar per day for every day he may give his attendance, and a certificate of the Sheriff, countersigned by the Clerk of said Court, of the time he has served, shall be a warrant for the sum allowed, and a voucher for the Treasurer for the paying the same. Sec. 4. And be it further enacted by the authority aforesaid , That the Clerks of the Superior and Inferior Courts of the Counties last above mentioned, be required to collect all the fees now paid to the Petit Jurors for confessions and verdicts, and pay the same over to the Treasurer of said Counties. Sec. 5. And be it further enacted by the authority aforesaid , That if there is not a sufficient sum of money now in the hands of the Treasurers of the Counties aforesaid, that the Justices of the Inferior Courts of the said Counties respectively, be and they are hereby authorized to levy an extra tax of not more than fifty per cent. on the general State tax, to carry that portion of this act into full effect. Sec. 6. And be it further enacted by the authority aforesaid , That the Grand Juries of Lumpkin County, shall be entitled to pay at the rate of one dollar each per day, for the time they shall respectively serve, and that the special Jury fees in the Superior Courts of said County, shall hereafter be taxed in the bill of costs, and collected by the Sheriff, as other costs, and paid over to the County Treasurers, or if there be no County Treasurers, then to the Clerk of the Inferior Court, and the same shall become a part of the fund for the compensation of Grand and Petit Jurors. Sec. 7. And be it further enacted by the authority aforesaid ,
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That it shall be the duty of the Clerk of the Superior Court of said County of Lumpkin, immediately after the adjournment of any Superior Court thereof, to deliver to each Grand Juror a certificate, stating the number of days he shall have served, and the amount of money he may be entitled to therefor, and said certificate shall entitle the holder thereof to call on the County Treasurer or Clerk of the Inferior Court, in case there shall be no County Treasurer, for the amount of said certificate, in the same manner as Petit Jurors now are entitled to do, under the act of 1833, to compensate Petit Jurors of the County of Lumpkin. Sec. 8. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. LAND. AN ACT to dispose of, by public sale, fraction number two hundred and twenty-four, situated in the first District of Irwin. Section 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 Sheriff of the County of Irwin, be, and he is hereby required, immediately after the passage of this act, to advertise in the same manner as Sheriff's sales of this State is provided by law, to advertise and offer for sale, at public outcry, in the County of Irwin, fraction known as lot number two hundred and twenty-four, situated in the first District of Irwin County, to the highest bidder, and the Sheriff is hereby authorized and required to execute titles in fee simple, to the highest bidder, for said fraction of land: Provided , said sale shall not interfere with any person or persons rights heretofore vested. Sec. 2. And be it further enacted by the authority aforesaid , That the said Sheriff shall, after retaining the usual fees, for Sheriff's sales, pay over to the Treasurer of this State the amount
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of the purchase money of said fraction, to be applied as other funds belonging to the State. 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. GEORGE R. GILMER, Governor. Assented to, 28th December, 1837. LOTTERIES. AN ACT to appoint James B. Watkins, a Commissioner of the Fort Gaines Literature Lottery, authorized by an act of the General Assembly, approved, December twenty-sixth, eighteen hundred and thirty-one. Section 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 B. Watkins, of Early, be, and he is hereby appointed a Commissioner of said Lottery, in the place of Edward Delony, removed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1837. AN ACT to amend an act, entitled an act authorizing certain Commissioners therein named, to raise by Lottery, a fund for the erection of Monuments to the memory of Greene and Pulaski, in the city of Savannah, assented to, thirtieth November, 1836. Section 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 M. H. McAllister, Jno. P. Williamson, William P. Bowen, Charles Stevens, and William Robertson, be, and they are
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hereby appointed Commissioners of the Greene and Pulaski Monument Lottery Fund, under the above recited act to fill vacancies occasioned by death and removal from the city of Savannah, with full power to them and the surviving Commissioners, for carrying into effect the original design, intended by said act. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. LUMBER COMPANIES. AN ACT to incorporate the Lumber Company of Georgia. Section 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 Taylor, James Geddard, Richard C. Baldwin, Thomas H. Hardeman, Edward D. Tracy, Nathan C. Munroe, Charles Campbell, Leroy Napier, William Robinson, Hugh Craft, William Tucker, George B. Carhart, Jeremiah L. Robinson, John Jones, Philetus H. Holt, and their associates who now are, and such other persons as may hereafter become stockholders or subscribers in and to said company, be, and they are hereby declared to be a body corporate and politic, by the name and style of the Lumber Company of Georgia; and the persons so incorporated are hereby authorized and empowered to have and use a common seal, and the same to alter at pleasure, and by their corporate name aforesaid, to sue and be sued, plead and be impleaded, answer and be answered unto, in any Court of Law and Equity; any law, usage, or custom to the contrary notwithstanding. Sec. 2. And be it further enacted by the authority aforesaid , That the said Company shall have full power to make, establish, and ordain all such rules, bye-laws, or ordinances, for their own government as to them shall seem necessary and expedient: Provided , the same be not repugnant to the Constitution and laws of this State; and the said company shall have power
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and be capable of receiving and holding, by purchase, gift, grant, or otherwise, all such lands and tenements, or real and personal property, as may be necessary and convenient for the proper transaction of their business, or for the investment of any surplus funds belonging to said company. Sec. 3. And be it further enacted by the authority aforesaid , That the private property of the stockholders shall be bound and held liable for all contracts made by said company, during the time that the individual shall be a stockholder in said company. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to incorporate the Brunswick Lumber Company. Section 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 Fort and Andrew L. King, and such persons as may become stockholders in said company, their heirs, successors, and assigns, shall be, and they are hereby created and constituted a body politic and corporate, by the name and style of the Brunswick Lumber Company, and by that name shall be, and they are hereby made able and capable in law, to have, purchase, receive, possess, enjoy, and retain to them, their heirs, successors, and assigns, all kinds of property, real and personal, and mixed, and the same to sell, grant, demise, alien, and dispose of; 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 or in any other place, and to have a common seal, and the same to break or alter at their pleasure, and also to make, ordain, establish, and put in execution such bye-laws, rules, and regulations as may be necessary and proper for the government of said company: Provided , they be not repugnant to the laws and Constitution of this State, or of the United States. Sec. 2. And be it further enacted by the authority aforesaid , That the said company shall be, and they are hereby authorized to make contracts and agreements in their corporate names, and to elect or appoint such officers as they may deem necessary
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to carry on and transact the business of the company, and who they may authorize and empower to act and to sign for, and to bind said company in their official capacity, and any member of said company may sell, assign, and convey his interest in said corporation: Provided , that nothing in this act contained shall be so construed as to enable said company to engage in business of banking, or to acquire more real estate than shall be sufficient for the procuring of timber for the purpose of manufacturing it into Lumber during the continuance of the corporation. Sec. 3. And be it further enacted by the authority aforesaid , That the said company may open books of subscription for stock in said company, in shares of one hundred dollars each, and that the stockholders may sell and transfer their stock, under such rules and regulations as may be adopted by the said company, and upon the death of any stockholder, his interest in the property of the company shall pass to, and be vested in his legal heirs or his legal representatives, legatee or legatees, who shall have the same powers, rights and privileges, that are hereby granted to the above named corporation, and the business of said company shall continue the same as though such death had not taken place. Sec. 4. And be it further enacted by the authority aforesaid , That the privileges hereby granted shall not extend to a longer term than twenty years from and after the passage of this act. Sec. 5. And be it further enacted by the authority aforesaid , That the private property of the stockholders of the said company shall be bound for their contracts as in case of copartnership. JOSEPH DAY, Speaker of the House of Representatives, BOBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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MASONS AND CARPENTERS. AN ACT to extend to the several counties in this State, the provisions of an act entitled An act to give Masons and Carpenters an encumbrance for debts due on account of work done, and materials furnished in building or repairing houses, on such houses and the premises to which they may be attached; and to repeal all laws on this subject, so far as relates to the counties of Richmond and McIntosh, and in the cities of Savannah, Macon and Columbus; passed on the twenty-second December, 1834. Section 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 the provisions of an act entitled An act to give Masons and Carpenters an encumbrance for debts due on account of work done, and materials furnished, in building or repairing houses, on such houses and the premises to which they may be attached; and to repeal all laws on this subject, so far as relates to the counties of Richmond and McIntosh, and in the cities of Savannah, Macon and Columbus; passed on the twenty-second December, 1834, be and the same are hereby extended to all the counties of this State, and that all 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. GEORGE R. GILMER, Governor. Assented to, 28th December, 1837. MILITARY. AN ACT to amend an act, entitled an act, for the organisation of the office of Adjutant General of Georgia. Section 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 Adjutant and Assistant Adjutant General, be allowed to alternate in the performance of their duties, in their respective grand divisions, in such way and manner as may best suit their mutual convenience.
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Sec. 2. And be it further enacted by the authority aforesaid , That any act 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to repeal the sixth section of an act, passed 22d December, 1835, entitled an act to authorize the formation of one or more Companies of Cavalry, in the several counties of this State, and to authorize his Excellency, the Governor, to contract for a number of Pistols, Swords, c., for the equipment of the same, and to provide for the payment of the same, out of any monies not otherwise appropriated, and that said appropriation be provided for in the appropriation bill of 1836, so far only as relates to such Companies of Cavalry, being exempt from road duty: Whereas, it is provided by the latter part of the sixth section of the before recited act, that the Companies of Cavalry therein specified, shall be exempt, whilst acting as such troop of Cavalry, from road duty. Section 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, so much of the sixth section of the above recited act, as exempts the several Companies or Troops of Cavalry from the performance of road duty, be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 14th December, 1837.
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AN ACT to incorporate a Volunteer Company of Cavalry in Ruckersville, Elbert County, Georgia. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the Company of Cavalry at Ruckersville, Elbert County, commanded by Captain Robert W. Mellon, be, and are hereby incorporated under the name of the Ruckersville Dragoons, and that the members thereof are hereby authorized and empowered to form such rules and regulations, and pass such byelaws for their own government and regulations, as they may think proper, which bye-laws and regulations, when formed and passed, shall be binding on the members of such Company, to all intents and purposes: Provided , such bye-laws and regulations be not repugnant to the laws of this State, or of the United States. Sec. 2. And be it further enacted by the authority aforesaid , That a Board of the Officers of said Company, of three or more, two of which must be commissioned officers, shall be competent to form a Court of Inquiry, and try and fine defaulters for non-attendance, or other defaults and misconduct as members of said Company, which Court shall be governed by the laws and regulations governing Courts of Inquiry in this State. Sec. 3. And be it further enacted by the authority aforesaid , That said Company shall enforce and exercise the corporate powers and privileges with which it is invested, by virtue of this act, so long as said Company shall contain thirty men in uniform. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to define and establish the rank of Adjutant and Assistant Adjutant General of this State, and to grant them the privilege of alternating. Section 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 after the passage of this act, the Adjutant General of the State shall rank as Brigadier General, and the Assistant Adjutant General as full Colonel, and that all orders and commands by them given, shall be respected and obeyed accordingly. Sec. 3. And be it further enacted by the authority aforesaid , That it shall and may be lawful for the said Adjutant General and Assistant Adjutant General to alternate or change on their reviewing route, as may best suit their convenience, and that all orders by them, shall be binding, as though no such change had taken place. Sec. 3. And be it further enacted by the authority aforesaid , That so much of An act amendatory of the fifteenth, twenty-second and twenty-fourth sections of an act, passed on the nineteenth day of December, eighteen hundred and eighteen, entitled an act to revise and consolidate the militia laws of this State, and to repeal the Cavalry laws now in force, and to regulate the number of reviews, (assented to on the 23d December, 1831,) as requires all Regimental Courts of Inquiry, to consist of at least seven, and not more than eleven of the commissioned or brevetted officers of the Regiment, and all Battalion Courts of Inquiry, in counties containing but one Battalion, to consist of at least five, and not more than seven of the commissioned or brevetted officers of the Battalion be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. NAMES CHANGED. AN ACT to alter and change the names of Josephus Atkinson, Martha Jane Atkinson, and George W. Atkinson, to that of Josephus Corruthers, Martha Jane Corruthers, and George W. Corruthers, and to legitimatize the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the names of Josephus Atkinson, Martha Jane Atkinson, and George W. Atkinson, be, and they are hereby, altered and
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changed to that of Josephus Corruthers, Martha Jane Corruthers and George W. Corruthers; and they, and each of them, are hereby declared to be fully and completely legitimatized, as the children of Joseph Corruthers, of the county of Pulaski, their reputed father; and that the said Josephus, Martha Jane, and George W., be, and they are hereby, entitled to all the rights and legal privileges that they would have been entitled to if they had been born in lawful wedlock; and they, and each of them, shall be, and they are hereby, fully capable of taking and inheriting and receiving all manner of property, by virtue of the statute of distributions of this State, so far as relates to the real and personal estate of the said Joseph Corruthers, the reputed father as aforesaid, to all intents and purposes; any law to the contrary notwithstanding. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to change the name of William, to William Brockett Beasley, and to secure to him certain rights and privileges. Whereas, an imposition has been practiced upon Robert Beasley of Bibb county, in this State, by the sale to him of a free born white child, by the name of William, and the said Beasley, actuated by a proper sense of duty and benevolence, is desirous to restore said child William to all the rights to which he is justly entitled, and of which he has been fraudulently attempted to be deprived: Section 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 name of said boy William, be, and the same is hereby, changed to that of William Brockett Beasley; and he is hereby declared to be entitled to have, receive and acquire, by gift, grant, deed, devise, or otherwise, property both real and personal, and to dispose of the same, and in that name to sue and be sued, plead and be impleaded, and to have, use and exercise all the rights which appertain to a free white person, as provided by the laws of this State.
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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. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to alter and change the name of Mary Ann Hamlet, of the county of Baker, to that of Mary Ann Phillips. Whereas, the said Mary Ann Hamlet has been divorced by the verdicts of two Special Juries of Morgan county, agreeably to the provisions of the constitution of this State, from her husband, William H. Hamlet; and whereas, the said female is desirous to be permitted to use her maiden name: Section 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 said Mary Ann Hamlet be, and she is hereby, permitted to use her maiden name of Mary Ann Phillips; and that all contracts made by or with her by said name of Phillips, after the passage of this act, be, and the same are hereby, declared to be obligatory. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 22d December, 1837. AN ACT to change the name of Charles Austin Saxon, to that of Charles Austin Strawn, and to legitimatize the same. Section 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 name of Charles Austin Saxon be, and the same is hereby, changed to that of Charles Austin Strawn, and as such he shall be called and known, in all courts of law and in equity;
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and the said Charles is hereby declared to be fully and completely legitimatized, and entitled to all the rights and legal privileges that he would have been had he been born in lawful wedlock, and be fully capable of taking, inheriting and receiving all manner of property, by virtue of the statute of distributions of this State, so far as relates to the real and personal estate of Hiram Strawn, his reputed father: Provided , the same shall only be construed to place the said Charles on equal grounds with, and not to the exclusion of, any others, the legitimate heirs of the said Hiram Strawn. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against the true intent and meaning of this act, be, and the same are, hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to change the name of Evans Hicks, to that of John Bascomb, of Chattahoochee. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the name of Evans Hicks shall be changed to that of John Bascomb, of Chattahoochee. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to legitimatize and change the name of Leander Reynolds, to that of Leander Hutchison, together with other individuals herein named. Section 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 name of Leander Reynolds be, and is hereby, changed to that of Leander Hutchison; and he is hereby declared to be fally and completely legitimatized, and entitled to all the legal rights and privileges that he would have been had he been born in lawful wedlock, and be fully capable of receiving and inheriting all manner of property, by virtue of the statute of distributions of this State, so far as relates to the real and personal estate of Furney Hutchison, of Fayette county, the reputed father of the said Leander, to all intents and purposes; any law to the contrary not withstanding: Provided , that this shall not enable the said Leander to inherit to the exclusion of the other children of the said Furney Hutchison, born, or who may hereafter be born, in lawful wedlock. Sec. 2. And be it further enacted by the authority aforesaid , That the name of James H. G. Masburn be changed to that of James H. G. McMath, and that he shall be known and called by that name in future; and the names of William Liverett, of Burke county, John Liverett, and Elizabeth Liverett, be, and they are hereby, altered and changed to that of William Brigham, John Brigham, Elizabeth Brigham, of Burke; and they are hereby declared to be joint and lawful heirs of John Brigham. And, also, the name of William Wagers be, and is hereby, changed to that of William Goodwin. Sec. 3. And be it further enacted by the authority aforesaid , That the name of Zelpha Elizabeth Peacock be changed to that of Zelpha Elizabeth Bush, and made the lawful heir of William Bush, of Wilkinson county, and is hereby declared to be joint and equal heir with the other legal heirs of the said William Bush, and entitled to all the rights and privileges to which she would have been entitled had she been born in lawful wedlock. Sec. 4. And be it further enacted by the authority aforesaid , That the name of Catherine Haste, of Chatham county, be changed to Harriet Haste. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837.
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AN ACT to change the names of certain persons therein named, and legitimatize the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the name of Samuel Fleetwood be, and the same is hereby, changed to that of Samuel Thomas Player, and that of Rocelia Johnson, be, and the same is, hereby changed to that of Rocelia Weeks, of Wilkinson county; and to change the names of Thomas Jefferson Benson, and Alefair Benson, both of Pulaski county, to that of Thomas Jefferson McGriff, and Alefair McGriff; as such they shall be known and called in law, and that they are hereby declared to be fully and completely legitimatized, and entitled to all the rights and privileges that they would have been had they been born in lawful wedlock, and be fully capable of taking and inheriting all manner of property, so far as relates to the estate, both real and personal, of their reputed fathers. Sec. 2. And be it further enacted by the authority aforesaid , That the name of John M. Tootle, of the county of Tatnall, be changed to that of John M. Stephens. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to change the names of certain persons therein named. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passing of this act, Benjamin Thomas, Gyra Thomas, John Thomas, Jeremiah Driger, and Marion Driger, of McIntosh county, shall be called and known by the names of Benjamin Owings, Gyra Owings, John Owings, and Marion Owings, and by those names shall be entitled to all the rights and privileges which they would
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have been respectively entitled to under their names, in law and equity. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 22d December, 1837. AN ACT to change and legitimatize the names of sundry persons therein named. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, the names of Harriet S. Scull, Sarah F. Scull, and Jane C. Scull, of Franklin county, be changed to those of Harriet S. Jones, Sarah F. Jones, and Jane C. Jones; and the name of Julia Ann Swinner be altered and changed to the name of Julia Ann Hester; and the names of Green and John Martin, of the county of Hall, be changed to Green Kennedy and John Kennedy; and the name of Thomas Early Hughy, to that of Thomas Early Holmes, of the county of Henry; and that the names of Wilder Willis and Ephraim Willis, be changed to those of Wilder Philips and Ephraim Phillips, now of the county of Emanuel; and that the names of Alameda and William H. Robinson, of Columbia county, be changed to those of Alameda and William H. Hatcher; and that the names of Cordelia L. Frances, Lucy Ann Amanda, Sarah Ann Amanda Fitzallen Pearce, be changed to those of Cordelia L. Frances Holland, Lucy Ann Amanda Holland, Sarah Ann Amanda Fitzallen Holland, of the county of Twiggs; and that they be, and are hereby declared to be, fully and completely legitimatized, and that they be, and are hereby, entitled to all the rights and privileges that they would have been had they been born in lawful wedlock, and be fully capable of taking and inheriting and receiving all manner of property, by virtue of the statute of distributions now of force, or which may hereafter be of force, in this State, so far as respects the estates of their reputed fathers. Sec. 2. And be it further enacted by the authority aforesaid , That the name of Martha Ann Baker, of Liberty county, be changed to that of Martha Ann Hines Baker; and that the name of Pallisear Wheeler, be changed to that of Josiah Wheeler;
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that the name of Thomas Newton Warley be altered and changed to that of Thomas Newton Jarred; that the name of Hosea Berrien Hodges be, and the same is hereby, changed to that of Hosea Berrien Cates, 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 privileges that he would have been had he been born in lawful wedlock, and be fully capable of taking and inheriting all manner of property, so far as relates to the estates, both real and personal, of Joseph Cates, of Burke county, his reputed father. 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; Provided , that nothing in this act shall be so construed as to interfere with the vested rights of any person or persons whatsoever. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. PARDONS. AN ACT for the pardon of Benjamin South. Whereas, at the March term of Gwinnett Superior Court, Benjamin South, of said county, was convicted of the crime of murder; for relief thereof, Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passing of this act, the said Benjamin South 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. GEORGE R. GILMER, Governor. Assented to, 30th November, 1837.
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AN ACT to pardon Samuel M. White, of the County of Upson. Whereas, at the February adjourned term, eighteen hundred and thirty-seven, of the Superior Court of Upson county, Samuel M. White, was convicted of the crime of murder, and whereas, a petition from a large number of the citizens of Upson county, was presented to his Excellency, praying a respite of the sentence of said Court, which said respite was granted until Friday, the fifteenth day of December next, that the Legislature might decide on the application for pardon. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passing of this act, the said Samuel M. White, be, and he is hereby declared to be freely and 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. GEORGE R. GILMER, Governor. Assented to, 7th December, 1837. AN ACT to pardon Isaac W. White, of the county of Upson. Whereas, at the February adjourned term, eighteen hundred and thirty-seven, of the Superior Court of Upson county, Isaac W. White was convicted of the crime of murder, and whereas, a petition, from a large number of the citizens of Upson county, was presented to his Excellency, praying a respite of the sentence of said Court, which said respite was granted until Friday, the fifteenth day of December next, that the Legislature might decide on the application for pardon. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passing of this act, the said Isaac W. White, be, and he is hereby declared to be freely, fully and entirely pardoned, exonerated and discharged, from
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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. GEORGE R. GILMER, Governor. Assented to, 7th December, 1837. PARTITION. AN ACT to regulate the mode of partitioning lands and tenements in certain cases, in the State of Georgia. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That whenever an application shall be made to any of the Superior Courts of this State for a partition of lands or tenements, held in joint tenancy, tenancy in common or in coparcenary, and either of the parties in interest shall, by his or her affidavit, or other proof, make it satisfactorily appear to the Court, that a fair and equitable division of said lands and tenements cannot be made, by metes and bounds, by reason of improvements made on said lands and tenements, or by reason of the said lands and tenements being valuable for the erection of mills or machinery of any kind, or by reason of said lands being valuable for mining purposes, and in all cases where it shall be made appear to the Court, that the value of the entire lands and tenements will be depreciated by such division as afore-said, that then and in that case, the said Court shall order a sale of the said lands and tenements, on such just and equitable terms as it shall prescribe, and order the proceeds to be divided amongst the several claimants rateably, in proportion to their respective interests, after deducting the expenses of the proceedings. Sec. 2. And be it further enacted by the authority aforesaid , That in all cases where it shall be necessary to make a sale of lands or tenements, to effect a just and equitable partition thereof, it shall be the duty of the Court to appoint three discreet and proper persons, under such qualifications as it may prescribe, to make sale of the said lands and tenements, after an advertisement of thirty days in one of the public Gazettes,
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on the first Tuesday in the month, at the Court House, in the county in which the said lands or tenements are situate, and to return their proceedings to the next following term of the court. Sec. 3. And be it further enacted by the authority aforesaid , That upon the sale of said lands and tenements as aforesaid, the said parties in interest, shall make a title to the purchaser, and in case of failure or refusal of them or any of them, the said persons appointed under the authority of the court aforesaid, or any two of them, shall execute a deed of conveyance to the said lands or tenements to the purchaser or purchasers, which said deed of conveyance shall be as valid and binding in law and equity, as if it had been made by the parties themselves. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. PARTNERS AND LIMITED PARTNERSHIPS. AN ACT to authorize Limited Partnerships. Section 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 limited partnerships for the transaction of any mercantile, commercial, mechanical, manufacturing, mining, or agricultural business, within this State, may be formed by two or more persons, upon the terms, with the rights and powers, and subject to the conditions and liabilities herein prescribed; but the provisions of this act shall not be construed to authorize any such partnership for the purpose of Banking, or making Insurance. Sec. 2. And be it further enacted by the authority aforesaid , That such partnerships may consist of one or more persons, who shall be called general partners, and who shall be jointly and severally responsible as general partners, and of one or more persons who shall contribute, in actual cash, a specific sum as capital to the common stock, who shall be called special partners, and who shall not be liable for debts of the partnership beyond the fund so contributed by him or them to the capital, except as hereinafter provided.
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Sec. 3. And be it further enacted by the authority aforesaid , That the general partners only shall be authorized to transact business, and to sign for the partnership, and to bind the same. Sec. 4. And be it further enacted by the authority aforesaid , That persons desirous of forming such partnership, shall make and severally sign, by themselves or attorney in fact, a certificate which shall contain1st, the name of the firm under which such partnership is to be conducted; 2d, the general nature of the business intended to be transacted; 3d, the names of all the general and special partners inserted therein, distinguishing which are general, and which are special partners, and their respective places of residence; 4th, the amount of capital which each special partner shall have contributed to the common stock; 5th, the period at which the partnership is to commence, and the period at which it shall terminate, and when made by such attorney in fact, the power of attorney duly authenticated shall be recorded along with such certificate. Sec. 5. And be it further enacted by the authority aforesaid , That the certificate shall be acknowledged by the several persons signing the same, or their attorney in fact, before a Judge of the Superior or Inferior Court, or a Justice of the Peace, or Notary Public, and such acknowledgement shall be certified by the officer before whom the same is made. Sec. 6. And be it further enacted by the authority aforesaid , That the certificate and power of attorney in fact, so acknowledged and certified, shall be filed in the office of the Clerk of the Superior Court of the county in which the principal place of business of the partnership shall be situated, and shall also be recorded by him at large, in a book to be kept for that purpose, open to public inspection. If the partnership shall have places of business situated in different counties, a transcript of the certificate, and power of attorney in fact, and of the acknowledgement thereof, duly certified by the Clerk in whose office it shall be filed, under his official seal, shall be filed and recorded in like manner in the office of the Clerk of the Superior Court in every such county; and the Clerk for each and every Registry required by this act shall be entitled to the sum of five dollars. Sec. 7. And be it further enacted by the authority aforesaid , That at the time of filing the original certificate, with the evidence of the acknowledgement thereof, as before directed, an affidavit or affidavits of the several general partners shall also be filed in the same office, stating that the sums specified in the certificate to have been contributed by each of the special partners to the common stock, have been actually and in good
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faith paid in cash, and a certified copy of such certificate, power of attorney and affidavits, shall be evidence in all Courts and places whatsoever. Sec. 8. And be it further enacted by the authority aforesaid , That no such partnership shall be deemed to have been formed until such a certificate as is herein mentioned, shall have been made, acknowledged, filed and recorded, nor until an affidavit shall have been filed as above directed; and if any false statement be made in such certificate or affidavit, or if such partnership business be commenced before such certificate or affidavit is filed, all the persons interested in such partnership shall be liable for all the engagements thereof as general partners. Sec. 9. And be it further enacted by the authority aforesaid , That the partners shall publish the terms of the partnership, when registered, for at least six weeks immediately after such registry, in one newspaper in the county in which the place of business is situated, and in one newspaper in the city of Milledgeville If no newspaper should be published in the county in which the business is to be transacted, the notice shall be published in all the newspapers in the city of Milledgeville as before required, and if such publication be not made within two months from the time of filing such certificate and affidavit, the partnership shall be deemed general. Sec. 10. And be it further enacted by the authority aforesaid , That the affidavits of the publication of such notice by the printers, publishers, or editors of the newspapers in which the same shall be published, may be filed in the office of the Clerk of the Superior Court in which the certificate has been filed, and shall be evidence of the facts therein contained. Sec. 11. And be it further enacted by the authority aforesaid , That every renewal or continuance of such partnerships beyond the time originally fixed for its duration, shall be certified, acknowledged, and recorded, and an affidavit of a general partner be made and filed, and notice be given in the manner herein required for its original formation; and every such partnership which shall be otherwise renewed or continued, shall be deemed a general partnership. Sec. 12. And be it further enacted by the authority aforesaid , That every alteration which shall be made in the names of the partners, in the nature of the business, or in the capital or shares thereof, or in any other matter specified in the original certificate, shall be deemed a dissolution of the partnership; and every such partnership, which shall in any manner be carried on after any such alteration shall have been made, shall be deemed a general partnership, unless renewed as a special partnership, according to the provisions of the last section.
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Sec. 13. And be it further enacted by the authority aforesaid , That the business of the partnership shall be conducted under a firm, in which the names of the general partners only shall be inserted, without the addition of the word company, or any other general term; and if the name of any special partner shall be used in such firm, he shall be deemed a general partner. Sec. 14. And be it further enacted by the authority aforesaid , That suits to be brought by any partnership to be formed under this act, shall be in the name or names of the general partners only, and suits against such partnership shall be brought against the general partners only; except in cases where the special shall be rendered liable as general partners, in which cases suits may be brought against all the partners jointly or severally, or any one or more of the special partners may be sued in the same action with the general partners. Sec. 15. And be it further enacted by the authority aforesaid , That no part of the sum which any special partner shall have contributed to the capital stock, shall be withdrawn by him, or paid or transferred to him in the shape of dividends, profits or otherwise, at any time during the continuance of the partnership, but any partner may annually receive lawful interest on the sum so contributed by him, if the payment of such interest shall not reduce the original amount of such capital; and if, after the payment of such interest, any profits shall remain to be divided, he may also receive his portion of such profits, but shall not be liable for any debts previously contracted by the general partners. Sec. 16. And be it further enacted by the authority aforesaid , That if it shall appear that by the payment of interest or profits to any special partner, the original capital has been reduced, or the firm shall be unable to pay its debts, the partner receiving the same shall be bound to restore the interest or profits received by him, necessary to make good his original share of the original stock. Sec. 17. And be it further enacted by the authority aforesaid , That a special partner may at any time examine into the state and progress of the partnership concerns, and may advise as to their management; but he shall not transact any business on account of the partnership, nor be employed for that purpose as agent or otherwise. If he shall interfere, contrary to these provisions, he shall be deemed a general partner, but he may act as the attorney or counsellor at Law or in Equity for the partnership, without being liable to become a general partner. Sec. 18. And be it further enacted by the authority aforesaid , That the general partners shall be liable to account to each
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other, and to the special partners for their management of the business of the firm, both in Law and Equity, as other partners now are by Law and Equity. Sec. 19. And be it further enacted by the authority aforesaid , That every partner who shall be guilty of any fraud in the affairs or business of the partnership, shall be liable civilly to the party injured, to the extent of his damage; and shall also be liable to an indictment for a misdemeanor, punishable by fine or imprisonment, or both, at the discretion of the Superior Court, by which he shall be tried. Sec. 20. And be it further enacted by the authority aforesaid , That every sale, assignment, or transfer of any of the property or effects of such partnership, made by such partnership when insolvent, or in contemplation of insolvency, or after, or in contemplation of the insolvency of any partner, with the intent of giving a preference to any creditor of such partnership, or insolvent partner, over other creditors of such partnership; and every judgment confessed, lien created, or security given by such partnership, under the like circumstances and with the like intent, shall be void as against the creditors of such partnership. Sec. 21. And be it further enacted by the authority aforesaid , That every such sale, assignment, or transfer of any of the property or effects of a general or special partner, who may have become liable as a general partner, made by such general or special partner, when insolvent, or in contemplation of insolvency, or after, or in contemplation of the insolvency of the partnership, with the intent of giving to any creditor of his own, or of the partnership, a preference over creditors of the partnership, every judgment confessed, lien created, or security given, by any such partner, under the like circumstances and with like intent, shall be void as against the creditors of the partnership. Sec. 22. And be it further enacted by the authority aforesaid , That any special partner who shall violate any provision of the two last preceding sections, or who shall concur in or assent to any such violation by the partnership, or by any individual partner, shall be liable as a general partner. Sec. 23. And be it further enacted by the authority aforesaid , That in case of the insolvency or bankruptcy of the partnership, no special partner shall, under any circumstances, be allowed to claim, as a creditor, until the claims of all the other creditors of the partnership shall be satisfied. Sec. 24. And be it further enacted by the authority aforesaid , That no dissolution of such partnership, by the acts of the parties, shall take place previous to the time specified in the certificate of its renewal, until a notice of such intended dissolution shall have been filed and recorded in the Clerk's
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office in which the original certificate was recorded, and published at least once a week for four weeks in a newspaper printed in each of the counties where the partnership has places of business; but if no newspaper be printed in such counties, then the notice shall be published for four weeks in all the newspapers in the city of Milledgeville, which notice shall be signed by all the partners, or their representatives: Provided , that nothing herein contained shall be so construed as to effect the collection of any demand against either of the special partners, which may have been contracted previously to the commencement of such special partnership. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 22d December, 1837. AN ACT to prohibit persons who are partners in trade, or any kind of business, from inserting, continuing, or using, in their partnership, style and name, the name of any individual not actually a co-partner, and to prevent the collection of debts due to any partnership violating the provisions of this act, and to punish those who may violate the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall not be lawful for any persons, who are partners in trade, or business of any kind, to insert or use in their partnership, firm, style and name, the name of any person not actually a co-partner with them at the time his or her name is so inserted or used, nor shall it be lawful to continue, in any partnership, firm, style and name, the name of any individual partner after he or she shall have retired from the partnership: Provided , that this act shall not be so construed as to prevent the collection of debts due to any partnership, after its dissolution, or after the retirement of any partner, in the name previously used, in conformity with this act. Sec. 2. And be it further enacted by the authority aforesaid , That each and every individual violating the provisions of this act, shall forfeit and pay the sum of one hundred dollars for
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each and every day such name may be used; to be sued for and recovered by any person who may prosecute for the same. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. PENITENTIARY. AN ACT to authorize the Governor to employ a Chaplain for the Penitentiary, and to appropriate money to purchase bibles and hymn books. Whereas, there are in the Penitentiary of this State a large number of convicts, and many of them confined for a considerable number of years, and some confined for life, and by their confinement within the walls of the Penitentiary, necessarily precluded the privilege of attending religious instructions, (a privilege invaluable to every moral being,) and whereas, the convicts of the State Prison are equally dependant upon the State for moral and religious instruction, as for the common comforts of life, received from the State; therefore, Section 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, his Excellency, the Governor be, and he is hereby authorized to procure the services of a Preacher of the Gospel, as Chaplain for the Penitentiary, whose duty it shall be to preach to the convicts at least once every Sabbath, and afford them such other instruction as said Chaplain, and the other officers of the Penitentiary, shall deem consistent with the best interest of this State. Sec. 2. And be it further enacted by the authority aforesaid , That said Chaplain shall have free access to the Penitentiary, the same as other officers thereof, and for his services, shall receive the sum of one hundred and fifty dollars per annum as Chaplain's salary, and the Governor is hereby authorized to pay the same quarterly, out of any funds in the Treasury, not otherwise appropriated. Sec. 3. And be it further enacted by the authority aforesaid , That his Excellency, the Governor be, and he is hereby authorized to purchase, for the use of the convicts in the Penitentiary,
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a bible and hymn book for each convict, and to be paid for out of any monies in the Treasury, not otherwise appropriated. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. PENAL CODE. AN ACT to amend an act, passed the 22d December, 1828, entitled an act to amend the twelfth section of the ninth division of the Penal Code of this State, and to provide for the payment of costs in certain cases. Section 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 when it may become necessary for the Justices of the Inferior Court of the State to cause a Jury to be drawn, summoned and empannelled, to try a cause of nuisance, arising from water machinery, mill dam, or otherwise, that the Clerk, Sheriff, Witnesses, and Jurors, be allowed such fees, in said cases, as are allowed by law in the Inferior Courts of this State. Sec. 2. And be it further enacted by the authority aforesaid , That when any Sheriff or other officer, acting under the order of said court, shall remove any nuisance, machinery, or mill dam, he shall be allowed such fees as the court may deem reasonable and just. Sec. 3. And be it further enacted by the authority aforesaid , 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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PILOTS. AN ACT to reduce the number of the Commissioners for the regulation of Pilot's rates, and all matters relating to the Pilotage for the Bar of Tybee and Savannah River to seven, and to constitute a majority of the same, a quorum for the transaction of business. Whereas, the number of members of said Board, as now constituted, is found too large to insure the attendance of a quorum for the fulfilment of the duties incumbent on them, and the interests of the Port are therefore liable to detriment: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That whenever the Board of Commissioners for the regulation of Pilots' rates, and all matters relating to the Pilotage for the Bar of Tybee and River Savannah, shall be reduced in number, from resignation or otherwise, from ten members to seven, then and thereafter said number of seven shall constitute a Board as aforesaid, a majority of whom shall compose a quorum for the transaction of business. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. POOR SCHOOL FUND. AN ACT to appoint a Trustee of the Poor School Fund for the county of Baker, to fill the vacancy of John Pace, Esq. resigned. Section 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 Richard Y. Lofton be, and he is hereby appointed Trustee of the Poor School Fund of the county of Baker, in place of John Pace, resigned.
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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. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. POST NOTES. AN ACT to restrain, prevent and make penal the paying away, or tendering in payment, issuing, emitting, passing, or circulating any bank bills, note, ticket, check, draft, receipt, instrument under seal, or chose in action, itended, designed, or fitted for circulation instead or in character of either; or any promise to pay, in writing, to be used, or intended to be used, as paper money, by any bank or other corporation in this State, or by the agent or agents, officer or officers of any bank or other corporation in this State, or elsewhere, which are, may, or shall be redeemable or payable at a longer period of time than three days after the date thereof, or the issuing, emitting, passing, or paying away the same, or which shall or may be payable in any other manner, or with any other thing than with gold or silver coin, at the standard value thereof, according to the laws of the land, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall not be lawful for any bank, president, cashier, teller, clerk, or other officer of any bank or other corporation in this State, or elsewhere, or any person or persons acting as an officer or officers, agent or agents of any bank or other corporation in this State, or elsewhere, to pay away, or tender in payment, issue, emit, pass, or circulate, any bank bill, note, check, draft, receipt, instrument under seal, or any chose in action, intended, designed, or fitted for circulation, instead or in character of either, which may or shall be payable at a greater length of time, or a longer date, than three days after the date thereof, or after the time of issuing, passing, emitting or paying away the same, or either, or
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any of them, under the penalty of one thousand dollars for each and every violation of the provisions, or the true intent and meaning of this act. Sec. 2. And be it further enacted by the authority aforesaid , That from and after the passage of this act, it shall not be lawful for any bank or other corporation in this State, or any president, cashier, teller, clerk, or any other officer or agent of any bank, or other corporation in this State, or elsewhere, or for any person or persons, acting as an officer or officers, agent or agents of any bank or other corporation in this State, or elsewhere, to pay away, or tender in payment, emit, issue, pass, or circulate any bank bill, note, ticket, check, draft, receipt, instrument under seal, or chose in action, intended, fitted, or designed for circulation, instead or in character of either, or any promise to pay, or to do any thing whatsoever, in writing, to be used, or intended to be used, as paper money, which may be payable or redeemable in any other manner, or in any other thing than with gold and silver coin, at the standard value thereof, according to the laws of the land, under the penalty of one thousand dollars for each and every violation of any of the provisions, or true intent and meaning of this act. Sec. 3. And be it further enacted by the authority aforesaid , That all offences arising under this act, or all violations of any of its provisions, may be prosecuted, either by indictment for a misdemeanor, or by an action on the case, or by action qui tam , at the instance of any person who may inform, or choose to prosecute, and on conviction or recovery, one-half of the penalty to be paid over to the Justices of the Inferior Court, for county purposes, in the county where the offence was committed, and the other half to the informer or prosecutor. Sec. 4. And be it further enacted by the authority aforesaid , That nothing in this act contained, shall apply to bills or checks issued for the ordinary purposes of exchange. Sec. 5. 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. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837.
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RAIL ROADS AND CANALS. AN ACT to incorporate the Blue Ridge Rail Road and Canal Company of Georgia. Whereas, a connection between the Savannah river and its waters, and the extensive country to the west and north-west of the Blue Ridge, by means of Rail Roads and Canals, would be highly beneficial to the good people of Georgia who reside in the counties bordering on the said river and waters, and to the trade and prosperity of the State generally; and whereas, Richard W. Habersham, Paul Rossignol, W. B. Wofford, Lewis F. E. Dugas, Samuel A. Wales, Benjamin Cleveland, L. Alexander Dugas, John R. Matthews, Peter Lamar, and Henry T. Moseley, have applied to the Legislature for an act to incorporate them with others into a company, for the purpose of enabling them, with such others as may become associated with them, to effect so important and desirable an object. Section. 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 Richard W. Habersham, Paul Rossignol, W. B. Wofford, Lewis F. E. Dugas, Samuel A. Wales, Benjamin Cleveland, L. Alexander Dugas, John R. Matthews, Peter Lamar, and Henry T. Moseley, with all such others as hereafter may become stockholders in the said Company, be, and they are hereby incorporated and made a body politic and corporate, by the name and style of the Blue Ridge Rail Road and Canal Company of Georgia, subject to the conditions, restrictions and limitations, hereinafter specified. Sec. 2. And be it further enacted by the authority aforesaid , That the said Blue Ridge Rail Road and Canal Company of Georgia shall have perpetual succession of members, may have a common seal, may sue and be sued, plead and be impleaded, in any Court of Law or Equity, and may at meetings of the stockholders, or by a Board of Directors, make all such rules and regulations and bye-laws as are necessary and proper for the government of the corporation, or for effecting the objects for which it is created: Provided , such regulations, rules, and bye-laws, shall not be repugnant to the laws and Constitution of this State or of the United States. The capital of the said Company shall be fifteen hundred thousand dollars, to be divided into shares of one hundred dollars each, to be raised by subscription, at such time and in such mode as to the said Company may seem best, and may from time to time be increased to a sum sufficient to complete the Rail Roads, Canals, and branches contemplated by this act, and to stock them
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with every thing necessary to give them full operation and effect, either by opening books for new stock, or by selling such new stock, or by borrowing money on the credit of the Company and on mortgage of its works, and the manner in which the same shall be done in either case, shall be prescribed by the stockholders at a general meeting: Provided however , that within three years from the date of this act, books of subscription for five thousand shares of the capital stock of the said Company, at the par value of one hundred dollars each, shall be opened at the several places in the State of Georgia, which may be designated by his Excellency the Governor, by such commissioners as he may appoint, and to be kept open for such period not exceeding six days in each place, as he may direct, and that the said commissioners, or a majority of them, at each of the places to be designated as aforesaid, shall receive subscriptions for stock in the said Company during the time the said books are directed to be kept open, and on each share so subscribed, shall demand and receive the sum of five dollars, without payment of which the subscription shall be void, and that the amount so paid in shall be deposited by the said commissioners in any convenient solvent Bank in this State, to the credit of the said Company, and that the said commissioners shall cause a copy of the whole subscription list to be made, at the expense of the said Company, to be certified by a majority of the said commissioners, and deposited in the Secretary of State's office, and that the original lists of subscriptions be certified in like manner and delivered to the said Company for its use, and in case the aggregate of shares so subscribed shall exceed the number of five thousand, then the same shall be rateably reduced among the subscribers until the same shall be reduced to the said number of five thousand shares. Sec. 3. And be it further enacted by the authority aforesaid , That on the stock so subscribed for, as provided by the foregoing section, instalments not exceeding twenty per centum in any three months may be called for by the said Company, on thirty days previous public notice, until the whole amount of one hundred dollars on each share be paid, and on failure to pay any instalment called for as aforesaid, the shares on which such failure is made shall be forfeited to the Company. Sec. 4. And be it further enacted by the authority aforesaid , That the said Company shall have power and may proceed to construct, as speedily as their means will permit, Rail Roads and Canals, or either or both, as may be found most convenient, to be used with steam, animal or other power, which shall pass from any point to be selected on the northern line of the State of Georgia, east of Gilmer county, to any point on the Savannah river or its waters, in the State of Georgia, at or
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above Augusta, by any route which may be found practicable and most convenient for the location thereof: Provided , the same does not conflict with any chartered rights granted to towns or cities, or any exclusive rights already granted to any incorporated companies, or rights reserved to State. Sec. 5. And be it further enacted by the authority aforesaid , That the said Company may also construct branches of their said main roads or canals to any point or points which may be desirable: Provided , the same do not conflict with any rights reserved by the foregoing section, or with the rights existing at the time of the location of such branches or branch: and provided , they shall not be attended with any exclusive privileges, except the exclusive right of transportation of goods, wares and merchandize, produce and persons, on the same, if the said branch be a Rail Road, subject to the rates hereinafter mentioned: and provided also , that nothing in this act shall prevent the Legislature from establishing rights of way across such main roads, canals, or branches. Sec. 6. And be it further enacted by the authority aforesaid , That it shall be the duty of the said Company, within three years from the date of this act, to locate and fix the main route or line of the said road or canal, and that the Legislature will not within thirty years from the date of this act, authorize the construction of any Rail Road or Canal within twenty miles of the route or line so located and fixed: Provided , nothing herein contained shall be so construed as to prevent this State, or its citizens under its authority, from intersecting or connecting with said main line or route, any branch road or canal or other public work of internal improvement which they may deem proper: Provided , the same is done in such manner as not to injure the roads, canals, or works hereby authorized: and provided also , that if the said main route or line be not fixed and located within three years as aforesaid, and a map or chart thereof lodged in the Secretary of State's office within the said three years, that any exclusive right by this section granted, or intended to be granted, shall be wholly null and void. Sec. 7. And be it further enacted by the authority aforesaid , That it shall be the duty of the said Company, when required, to receive all goods, wares, merchandize, and passengers, from any branch road or canal referred to in the foregoing section, and to transport the same to their points of destination in like manner as if the same had come by their own line, without any greater or higher charge for the transportation thereof than if such goods, wares, merchandize, or passengers had come by their own line of road or canal: Provided , payment of the freight therefor be made in advance: and provided also , that the said Company shall be entitled in all respects to similar
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and equal privileges on any roads, branches, or canals so using their said roads or canals. Sec. 8. And be it further enacted by the authority aforesaid , That the said Company shall begin the construction of the said line of the main Road and Canal within four years from the date of this act, and shall complete and put into operation, either by Canal or Rail Road, twenty miles of the said main line, within five years from the said date, and, on failure to comply with either of these requisitions, this charter, with all the privileges hereby granted, are hereby declared to be absolutely null and void. Sec. 9. And be it further enacted by the authority aforesaid , That the said Company is hereby expressly prohibited from carrying on any banking operations, and from effecting any insurance on lives or property, except on goods transported on their own Rail Roads or Canals, or in the Company's custody, for and in consequence of such transportation, and the said company shall be deemed and taken as a common carrier, as respects all goods, wares and merchandize, and produce, entrusted to them for transportation. Sec. 10. And be it further enacted by the authority aforesaid , That the affairs of the said company shall be managed and directed by a general Board of Directors to be elected annually after the first election, the time and mode and place of election, and the number of Directors to be fixed by the stockholders at a general meeting, and the Directors at their first meeting after their election shall elect a President of the said Company from among their own members, in such manner as the regulations of the corporation shall prescribe, but if the day of annual election should pass without any election of Directors, the said corporation shall not thereby be dissolved, but it shall be lawful on any other day to hold and make such election, in such manner as may be prescribed by a bye-law of the corporation; and all contracts and agreements authenticated by the President, shall be binding on the company without seal, and also, all contracts entered into by any agent of the company authorized to make such contract, by a resolution of the Board of Directors. Sec. 11. And be it further enacted by the authority aforesaid , That the said company shall have the exclusive right of transportation, or conveyance of persons, goods, merchandize, and produce over every part of the road or roads so to be constructed by it: Provided , that the charge of transportation or conveyance shall not exceed thirty-five cents per hundred pounds on heavy articles, and ten cents per cubic foot on articles of measurement, for every hundred miles, and five cents a mile for every passenger: and provided also , that the said company may, when it sees fit, farm out its right of transportation
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on said Rail Road or branches, or parts thereof, subject to the rates above mentioned, and the said company shall also, have the right of transportation, but not the exclusive right on any canal or canals constructed by it, subject however, to the same rates and the same restrictions, and with like power to farm out as are herein above specified and prescribed. Sec. 12. And be it further enacted by the authority aforesaid , That the said canal or canals shall be always open for the free navigation of all boats, vessels, and other water craft: Provided , that they shall not by sinking or otherwise obstruct or incommode the navigation, or injure the canal or any of its works: and provided also , that the construction and management shall conform to the regulations to be established from time to time by the said company, and that the said company shall fix and establish, and be entitled to receive and take, by way of toll, for all goods, merchandize, and produce carried on or through, and boats, rafts, and other water crafts passing on or through the said canals, or either of them, such sums or rates as the said corporation shall think proper to impose, not exceeding at any time twenty-five per centum per annum on the money which shall have been expended in constructing, making, and keeping in repair the said canals and other necessary appendages thereto, which tolls shall be paid to the company in advance. Sec. 13. And be it further enacted by the authority aforesaid , That the said company shall have the privilege of conducting the railways and canals, and the branches contemplated by this act, and the feeders and outlets of the said canals and branches, in the cheapest and most practicable and convenient course or courses, and shall have power and capacity to purchase, take, have, and hold, in fee simple or for years, to them and their successors, any lands, tenements, or hereditaments, that they may find necessary for the site, on and along which to locate, run and establish their said rail roads, canals, or the branches thereof, and all other lands which may be necessary for the uses of the said company, and for the construction of basins, slips, locks, dry docks, and other necessary and proper works and purposes, and to take all trees, lumber, stone, and other materials necessary and requisite for the construction and building of their said works, paying to the owners of the said lands a just indemnification, to be fixed and ascertained as hereinafter provided: Provided , that whenever the said canals shall intersect a public road or highway, the said company shall be bound to build a safe and suitable bridge, and to keep the same in good repair, and the said company may also collect and reserve water necessary for the uses of the said canals, and may use the waters of all rivers, creeks and streams for like purposes, and whenever necessary or convenient, may also use
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the said rivers, creeks or waters, as parts of the said chain of communication. Sec. 14. And be it further enacted by the authority aforesaid , That in all cases in which disagreement may arise between individuals or incorporations and the said Blue Ridge Rail Road and Canal Company of Georgia, 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 the fourteenth day of December, eighteen hundred and thirty-five, and all the provisions of the said fifteenth section of the said act are hereby declared and made a part of this act, in the same manner as if the same were herein fully set forth, and all the rights and privileges thereby granted to the said Central Rail Road and Canal Company of Georgia, are hereby granted to the said Blue Ridge Rail Road and Canal Company of Georgia. Sec. 15. And be it further enacted by the authority aforesaid , That certificates of the stock of the said company may be issued and the stock be transferred in such manner and form as may be decided by the bye-laws of the said company, and the stockholders may provide by a bye-law as to the number of stockholders and the amount of stock which shall be held by them, which shall constitute a quorum for transacting business, at any regular or occasional meeting of the stockholders or directors, and after the Board of Directors shall be elected and constituted, the said Board shall have the power to call meetings of the stockholders, and to designate the place of meeting, and they shall once in every year at least, make a full report on the state of the company and its affairs, to a general meeting of the stockholders. Sec. 16. And be it further enacted by the authority aforesaid , That in the election of Directors, and in voting at the meetings of the stockholders, the votes shall be taken according to the following scale: the owner of one or two shares shall be entitled to one vote, the owner of not less than three nor more than four shares shall be entitled to two votes, the owner of not less than five nor more than six shares shall be entitled to three votes, the owner of not less than seven nor more than eight shares to four votes, the owner of not less than nine nor more than eleven shares to five votes, the owner of not less than twelve nor more than fifteen shares to six votes, the owner of not less than sixteen nor more than twenty shares to seven votes, the owner of not less than twenty-one nor more than twenty-six shares to eight votes, the owner of not less than twenty-seven shares nor more than thirty-three to nine votes, the owner of not less than thirty-four shares nor more than forty shares to ten votes, and the owner of every ten
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shares above forty shall be entitled therefor to one vote, and any stockholder may in any election vote by proxy, authorized in writing, in such form as the bye-laws of the company may direct. Sec. 17. And be it further enacted by the authority aforesaid , That if any person or persons shall intrude upon the said Rail Road or Roads, Canal or Canals, or the branches thereof, or any part therof, or the rights and privileges connected therewith, without the permission or contrary to the will of the said company, he, she, or they shall forthwith forfeit to the said company all the articles that may be so intruded on the said Rail Road or Canal, and the same may be recovered by a suit at law, and the person or persons so intruding may also be indicted for misdemeanor, and upon conviction, be fined or imprisoned by any Court of competent jurisdiction. Sec. 18. And be it further enacted by the authority aforesaid , That if any person shall wilfully and maliciously destroy, or in any manner hurt, damage, or obstruct, or shall wilfully and maliciously cause, aid or assist, or counsel and advise any other person or persons to destroy, or in any manner to hurt, damage, injure or obstruct the said Rail Road or Roads, or Canal or Canals, or branches thereof, or any part thereof, or any bridge or vehicle used for or in the transportation thereon, or any lock, culvert, feeder, or other work belonging to the said company and connected with the said Rail Road or Roads or Canal or Canals, or branches thereof, such person or persons so offending shall be liable to be indicted therefor in the Superior Court of the county where such offence is committed, and on conviction thereof, shall be imprisoned not more than six nor less than one month, or may be fined therefor at the discretion of the Court, and shall further be liable to pay all the expense of repairing the same. Sec. 19. And be it further enacted by the authority aforesaid , That every obstruction to the safe and free passage of vehicles on the said Rail Road or Roads, or Canals, or the branches thereof, or of any part thereof, shall be deemed a public nuisance, and may be abated as such by any officer or agent of the said company, and the person causing such obstruction may be indicted and punished by fine or imprisonment, at the discretion of any Court having competent jurisdiction. Sec. 20. And be it further enacted by the authority aforesaid , That the said company shall have the right to take at the store houses they may establish or annex to the said Rail Road or Roads, or Canal or Canals, or the branches thereof, all goods, wares, or merchandize, or produce, intended for transportation, prescribe the rules of priority, and charge and receive such just and reasonable compensation for storage as they, by rules, may establish, (which they shall publish,) or as
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may be fixed by agreement with the owner, which may be distinct from the rates of transportation: Provided , such storage shall be charged on goods, wares, and merchandize, or produce, which may be delivered at any depository of the company for immediate transportation, and which the company may have the power of transporting immediately. Sec. 21. And be it further enacted by the authority aforesaid , That the said company shall have power in such manner as by its bye-laws it may direct to select and appoint all officers, agents and servants, which may be necessary for the conducting of the business of the said company, and may also take security by bond or otherwise from the person or persons, officers, agents, or servants so appointed, for the faithful performance of the duties of the office which he, she or they may be appointed to fill, in any manner which may be deemed necessary. Sec. 22. And be it further enacted by the authority aforesaid , That the said company, its property, works and capital, shall not be subject at any time to any higher or greater rate of taxation than other property, works or capital of the like kind shall be subject by the laws of this State. Sec. 23. And be it further enacted by the authority aforesaid , That after the expiration of sixty years from the date of this act, the State of Georgia shall have the right at any time to purchase and take from the said company all the property of the said company, including all the Rail Roads and Canals constructed and built by it, under and by virtue of this act, upon paying to the said company the actual cost of the same. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT to amend the charter of the Monroe Rail Road and Banking Company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That no Stockholder of the Monroe Rail Road and Banking Company indebted to the Bank shall transfer his or her stock, except to the company, until all debts due to said Bank by such Stockholder shall be paid, unless by consent of the Directors entered upon their minutes.
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Sec. 2. And be it further enacted by the authority aforesaid , That the provisions contained in the nineteenth section of an act of the thirtieth of December, eighteen hundred and thirty-six, amendatory of an act to incorporate the Chattahcochie Rail Road Company, passed the 21st December, 1835, be, and they are hereby enacted as an amendment, and part of the charter of the Monroe Rail Road and Banking Company, and that the eleventh section of an act of the 23d December, 1833, for incorporating the Monroe Rail Road Company, and which now forms part of the charter of the Monroe Rail Road and Banking Company, be, and the same are hereby repealed, saving and excepting that portion of said section which relates to the authority of making bye-laws. Sec. 3. And whereas doubts have been raised whether under their existing charter, the said Monroe Rail Road and Banking Company are authorized to carry and constract their said Rail Road into and within the corporate limits of the city of Macon, and to carry and construct the same to such point or points within said corporate limits, as have been agreed upon, or may hereafter be agreed upon, by and between said company and the corporation of the city of Macon, and that the provisions of all the acts of the General Assembly constituting the charter of said company, are, and shall be applicable as well to such part of said Rail Road as may be within the corporate limits of the city of Macon, as to other parts of the same. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT to incorporate the Stockholders of the Montgomery Rail Road Company, in the town of West Point, and to give them the right of locating and using a depot on their own land in said town. Whereas, the citizens of Georgia and Alabama are desirous, and have it in contemplation to open a more direct and expeditious communication with each other, by means of Rail Roads, on the construction of which depends the opening of a market for their produce, to a large portion of Western Georgia, and whereas the construction of the West Point and Montgomery Rail Road depends, in a great measure, to the
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opening of a direct communication from New Orleans and the Gulf of Mexico with Savannah, by the way of Macon and the Central Rail Road, and of Augusta and Charleston, by the way of the Athens and Augusta Rail Road; and whereas, a large portion of the citizens of Georgia, desire a speedy completion of the West Point and Montgomery Rail Road, with its termination in the State of Georgia: Section 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 Montgomery Rail Road Company, with all such 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 Montgomery and West Point Rail Road Company, within the corporate limits of the town of West Point, and by said corporate name, shall be capable in law to have, purchase, receive, possess, enjoy and retain to them and their successors, so far as shall be necessary for the location of said Road, and for the construction of necessary buildings, lands, rents, tenements, hereditaments, goods, chattels, and effects, of what kind, nature, or quality whatsoever, and the same to sell, demise, alien or dispose of, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, against, in any courts of record in this State; and also to make and have a common seal, and the same to break, alter or renew, at their pleasure, and also by and through the Board of Directors, to ordain, establish, and put in execution, such bye-laws, rules and regulations, as shall be necessary and convenient, for the governing of said incorporation; Provided , such bye-laws, rules and regulations, shall not be contrary to the laws and constitution of the State of Georgia, or the United States, nor to the rules, restrictions and limitations prescribed in the original incorporation of the town of West Point, in the county of Troup. Sec. 2. And be it further enacted by the authority aforesaid , That this corporate body, and their successors, shall exist and continue for fifty years after the completion of said Montgomery and West Point Rail Road. Sec. 3. And be it further enacted by the authority aforesaid , That all bills, writs, process of whatever kind, known to the laws of this State, may be served upon said Company, by being a copy thereof, at the said depot of said Company, by the Sheriff, Constable, or other officer, authorized to serve the same.
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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. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT to authorize the Brunswick and Altamaha Canal and Rail Road Company, to increase the number of Directors of said Company. Section 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 Brunswick and Altamaha Canal and Rail Road Company shall be, and they are hereby authorized and empowered to elect any number of Directors not exceeding ten, nor less than five. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 24th December, 1837. AN ACT to make penal and to punish any unlawful intrusion upon, or interference with, or molestation of, Rail Roads in this State. Whereas, the safety of passengers travelling on Rail Roads, requires the strictest penal prohibitions to unauthorized persons in any manner interfering with such Roads, or their appurtenances, or placing obstructions upon, or moving, touching, or altering the gates, rails, switches, or other appendages of said Roads: Section 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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if any person or persons shall intrude upon any Rail Road in this State, constructed by any chartered Company, or any part thereof, contrary to the will of the Company owning said Road, the person or persons so intruding, shall and may be indicted as for a misdemeanor, and upon conviction, fined or imprisoned, or both, at the discretion of the Court. Sec. 2. And be it further enacted by the authority aforesaid , That if any person shall wilfully and maliciously destroy, or in any manner hurt, damage, injure or obstruct, or shall wilfully and maliciously cause, or aid and assist, or counsel, or advise any other person or persons to destroy, or in any manner to hurt, damage, or injure, or obstruct any such Rail Road, or any branch thereof, or any bridge connected therewith, or any vehicle, edifice, right or privilege granted by charter, and constructed for use under authority thereof, or if any unauthorized person or persons shall turn, move, or in any manner interfere or meddle with any gate, switch, sideling, or other appurtenance to any such Rail Road, such person or persons so offending, shall and may be indicted, and on conviction, shall be imprisoned at hard labor in the Penitentiary, for a term of years, not less than four, nor longer than eight, and shall further be liable for all civil damages occasioned by any such act: and if death to any passenger or other person on said Rail Road shall ensue, from any such act, such act or offence shall be deemed and held to be murder, and shall be punished accordingly. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to incorporate the Milledgeville and Chattahoochee Canal and Rail Road Company. Section 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 encouraging the construction and opening a Canal or Rail Road communication between the city of Milledgeville, to the terminus of the State Road or Chattahoochee River, for the purpose of extending the same, so as to connect with the main trunk West of the Chattahoochee river,
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Richard J. Nichols, Thomas B. Stubbs, Farish Carter, Tomlinson Fort, B. S. Jordan, Wm. Y. Hansell, Isaac Newel, M. J. Kenan, Miller Grieve, R. K. Hines, T. H. Hall, Jeremiah Beall, F. V. Delaunay, Iverson L. Harris, J. T. Lane, Robert McComb, S. T. Beecher, G. H. Jordan, and their associates, successors and assigns, be, and they are hereby created a corporate body politic, by the name and style of the Milledgeville and Chattahoochee Canal and 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 bye-laws, and to do all lawful acts properly incident and connected with the objects of the said corporation, and necessary for the government and transaction of its business, and to the construction of the said Canal or Rail Road, and to make and use a common seal, and the same to alter and destroy at their pleasure: Provided , that their bye-laws be not repugnant to the constitution and laws of this State, or of the United States. Sec. 2. And be it further enacted by the authority aforesaid , That the capital stock of the said Company shall be three millions of dollars, to be divided into shares of one hundred dollars each, but may be increased one-third or more, should it be found necessary to complete said Canal or Rail Road, with the necessary appendages, and the Board of Directors shall prescribe the mode and conditions of the subscriptions for such additional stock, should it be required. Sec. 3. And be it further enacted by the authority aforesaid , That it shall and may be lawful for the said Richard J. Nichols, and those herein before associated with him, or a majority of them, and they are hereby authorized and empowered to create the original stock of three millions of dollars, or so much thereof as may be necessary to establish the aforesaid Company, upon the subscriptions of five hundred thousand 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: after which, the Board of Directors shall have power to pursue such mode for the obtainment of the remainder of stock as they may deem best; and upon all subscriptions of the said stock, the subscribers shall pay five per cent. on each share at the time of subscribing. Sec. 4. And be it further enacted by the authority aforesaid , That all monies received for the first instalment of five dollars per share, shall be deposited in the Bank of Milledgeville, until the Board of Directors shall be elected, and the said Company organized, when the books of subscription and the monies
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deposited as aforesaid, shall be turned over to the Board of Directors, by the Commissioners aforesaid, and in case the said Board should not be elected, and the Company organized, within three years from the passage of this act, then the aforesaid Commissioners shall refund the aforesaid five dollars per share, which they may have received from each subscriber as aforesaid. Sec. 5. And be it further enacted by the authority aforesaid , That for the organization of the said Company, so soon as the requisite amount of five hundred thousand dollars of the capital stock shall have been subscribed for, the said persons herein before named, or a majority of them, shall appoint a convenient time and place for the meeting of the Stockholders, in the city of Milledgeville, of which they shall give due notice to each stockholder, at which time and place they shall proceed to the election of fifteen Directors, who shall form and constitute the first Board of Directors, one of whom they shall elect as President of said Board, and he shall be entitled to vote upon all questions before the same, and shall hold his office for one year, as shall also the Directors, and it shall be the duty of the said Board, previous to the expiration of the year for which they shall have been elected, to call a meeting of the Stockholders annually, on such day as may be fixed upon or designated in their bye-laws, giving each due and timely notice thereof, for the purpose of examining the affairs of said Company, and electing Directors for the year ensuing, to be determined by ballot or otherwise, at each regular meeting, and in all cases the Stockholders shall be allowed to vote in person, or by proxy, under power of Attorney, duly executed. The number of votes to which each Stockholder shall be entitled, shall be according to the number of shares he, she or they shall hold, one vote for each share. No Stockholder shall be eligible as a Director, unless he shall hold forty shares of the stock in his own right, or as executor, administrator or guardian, and no share or shares, (after the first election) shall confer a right of suffrage which shall not have been holden by the person in whose name they may appear, three months previous to the day of election. In case of death, resignation, or removal from the Board, of the President or any of the Directors, the remaining Directors shall have power to fill such vacancy until the regular annual election by the Stockholders, who shall at such meetings, fix upon and determine by ballot or otherwise, the amount of salary per annum, from time to time, of the President and Directors, and all other standing regular officers of the said corporation, as they, the majority of the Stockholders may deem just and reasonable. Not less than five Directors shall constitute a Board for the transaction of business, of whom the President shall always be one, except in
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case of sickness or necessary absence, in which case his place may be supplied by any one of the Directors present, to be elected President, pro tempore , by a majority of the Board, present. Sec. 6. And be it further enacted by the authority aforesaid , That the said Board of Directors shall have power to call in such ratio of per cent. of subscriptions of stock upon the books of said Company, from time to time, as they may deem necessary, to meet their engagements and contracts for the prompt progress and execution of the work on the said Canal or Rail Road, first giving notice to each stockholder, by written or printed circular, through the mail, sixty days at least previous to the time required for each payment of the instalment to be paid; and in case any stockholder shall refuse or neglect to pay his, her or their instalment, when called on in manner aforesaid, it shall be lawful for the said Board of Directors to declare, by resolution, to be entered on their book of minutes, such share or shares of stock forfeited to the use of the said Corporation, and to offer the same for re-subscription, as if they had never been subscribed for. The affidavit of the Secretary of the Board of the delivering of the said circulars to the post master or his deputy; with the proper direction thereon, shall in all cases in relation to the stockholders of the institution, be taken and held as legal notice of all calls for instalments, or other business appertaining to the said Company. And it shall be the further duty of the said Board, to have published such notice in two or more of the public Gazettes, printed in the city of Milledgeville. Sec. 7. And be it further enacted by the authority aforesaid , That the Board of Directors shall have power to issue to the stockholders their certificates of stock, and no transfer of stock in the said Company, shall be considered as binding upon the corporation, unless entered in a book or books kept for that purpose, by the personal entry of the stockholder, or by his, her or their legal representative or attorney, duly authorized by special power of attorney for that purpose. The said Board of Directors shall have power to make all contracts in their official capacity, which shall be binding upon the said Company, and to appoint engineers, agents, a Secretary and Treasurer, and employ as many Clerks and laborers, and at such compensation respectively, for their services, as they may deem necessary. Sec. 8. And be it further enacted by the authority aforesaid , That the said Board of Directors shall have power to select and take, or receive as donation, such strip or strips of land, on the line of the Canal or Rail Road, as they may deem necessary for the construction, convenience and protection of their said Canal, feeders and dams, or Rail Road; and in case
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of disagreement between the owner or owners, and the said Board of Directors, in regard to the damages or price of any such necessary strip or strips of land, it may and shall be lawful for the said Board of Directors to appoint one disinterested freeholder as an appraiser, and the owner or owners of such strip or strips of land, another disinterested freeholder, if he, she or they should think proper, and the Justices of the Inferior Court of the County in which such strip or strips of land shall lie, shall appoint another disinterested freeholder; but if such owner or owners shall decline to appoint an appraiser on his, her or their part, then two shall be appointed by the Justices of the Inferior Court aforesaid, all of whom shall be sworn by one of the Justices of the Inferior Court, to make and return to said Court, a just and true impartial valuation of the damages or value of the said strip or strips of land thus required by the said Company, and their award shall be in writing, and signed by at least a majority of the said appraisers, and accompanied with a plat and full description of the said land, which shall be taken and held as a judgment for the amount against the said Company, and may be enforced by an execution from the said Inferior Court; and the said plat and award shall be recorded in the said county, in the same manner as deeds, and shall vest the right of fee-simple to the said strip or strips of land in the said coporation, so soon as the valuation thereof shall be paid or deposited for the owner or owners, with the Clerk of said Inferior Court: Provided , that if either party shall be dissatisfied with the award of the appraisers, he, she or they may appeal to the Superior Court of the county where the land lies, and have the damages ascertained by the verdict of a special jury, at the first term, and such verdict shall be conclusive and binding on both the parties. Sec. 9. And be it further enacted by the authority aforesaid , That no Canal or Rail Road shall be permitted hereafter to be constructed between the city of Milledgeville and the Chattahoochee river, at the point which may be selected to terminate the same, or cross the river, or on the West side of the Chattahoochee, and to the Tennessee line or intersection with the main trunk, within twenty miles of where said Canal or Rail Road may be located, without the conseat of the aforesaid Company: Provided , that any future Legislature shall have the power to grant to any other Company the right of crossing said Canal or Rail Road herein named. Sec. 10. And be it further enacted by the authority aforesaid , That the capital stock of the said Canal or Rail Road Company shall not be taxed by the State higher than one-half of one per cent. upon its nett income, and not to commence until ten years after its completion, nor shall any other tax be levied or collected on the stock of said Company; nor shall the nett
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profits of said stock exceed, in any one year, twenty per cent. on the amount of its capital actually employed. Sec. 11. And be it further enacted by the authority aforesaid , That the said Company shall build and keep in good order, substantial bridges, or ways of passage, across their Canal or Rail Road, wherever either may cross a public road; and if any person shall wilfully or maliciously destroy, or in any manner hurt, damage, injure or obstruct, or shall wilfully or maliciously cause, or aid and assist, or counsel, or advise any other person or persons to destroy, or in any manner to hurt, damage or injure, or obstruct the said Canal or Rail Road, or any bridge connected therewith, or any boat or vehicle, edifice, right or privilege granted by this act, and constructed for use under the authority thereof, such person or persons so offending, shall be liable to be indicted for a misdemeanor, and on conviction thereof, shall be imprisoned at hard labor in the Penitentiary, at the discretion of the Court, for a term not less than four years, and shall further be liable to pay all the expenses of repairing or rebuilding the same, the one-half to the use of the informer, and the other half to said Company: Provided , that the said Company shall commence the work on said Canal or Rail Road in two years, and complete the said Rail Road or Canal, or Canal and Rail Road between Milledgeville and Chattahoochee river, in ten years after the passage of this act; and provided also , that the said Company shall be at full liberty to erect either a Canal or Rail Road on different parts of the route, at their option, so that they make the entire line suitable for the transportation of produce and merchandize, within the time above specified; and they shall have the further time of five years, in which to complete the continuation of said line between the Chattahoochee river and the Tennessee line. Sec. 12. And be it further enacted by the authority aforesaid , That the books, papers and correspondence, and the funds o said Company, shall at all times be subject to the inspection of the Board of Directors and the stockholders, at any and every meeting thereof, when required, or to any committee appointed at any time by the Legislature; and all bonds, notes or other evidences of debt, or contract, or liability, or engagement, on behalf of said Company, shall be binding and obligatory on said corporation, when the same shall be signed by the President of said Company, and countersigned or attested by the Secretary thereof; and the funds of said Company shall in no case be held responsible for any contract or engagement, unless the same shall be so signed, countersigned, or attested as aforesaid; and all the rights and privileges hereby granted to said Company, shall continue in full force for and during the term of thirty years, from and after the completion of the line
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of Canal or Rail Road between the city of Milledgeville and the Chattahoochee river as aforesaid. Sec. 13. And be it further enacted by the authority aforesaid , That nothing in this act contained shall be so construed as to interfere with any of the rights, privileges, or immunities granted to any companies heretofore incorporated. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT to alter and amend an act entitled an act to authorize the construction of a Rail Road communication from the Tennessee line, near the Tennessee river, to the point on the South-eastern 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: passed, on the 21st December, 1836. Whereas, the General Assembly of this State did, by said act, provide by law for the survey and location of a Rail Road, to be constructed as a State work, out of the funds of the State, from some point on the Tennessee line, commencing at or near Rossville, to a point on the South-eastern bank of the Chattahoochee river, and whereas, a survey and location of said Road has been made, under the provisions of said act, and it is deemed expedient that a permanent provision should be made for the successful and vigorous completion of the work. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That there shall be Rail Roads constructed on the route surveyed, and located under the provisions of the act herein before referred to, to the North Western boundary of this State, or to the Tennessee river, if the right of way can be procured on terms that may be deemed reasonable by the Governor of this State, and the Commissioners hereinafter named. Sec. 2. And be it further enacted by the authority aforesaid , That for the general superintendence of said work, there shall be elected by the present session of the Legislature, three persons to act as Commissioners, (one of whom shall be the President
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of the Board) whose duty it shall be, with the advice of the Engineer-in-Chief, to procure such officers and agents, and adopt such system, rules and regulations, as may be deemed best conducive to insure the immediate, vigorous and successful prosecution of such work, and tend to economical expenditure, and the establishment of a strict accountability of the officers and agents employed, which rules and regulations shall be published for the information of all concerned. Sec. 3. And be it further enacted by the authority aforesaid , That the said Commissioners shall have the same power and authority in procuring the right of way, as the Superintendent and Engineer had under said act. Sec. 4. And be it further enacted by the authority aforesaid , That it shall be the duty of the President of said Board, to make quarterly returns to the Governor of this State, of the disbursements of the current quarter, accompanied by the necessary vouchers, the amount of work finished during the same period, and an accurate statement of the condition and progress of the Road; which returns shall be published for the information of the people. Sec. 5. And be it further enacted by the authority aforesaid , That the said Western and Atlantic Rail Road shall continue from the South Eastern bank of the Chattahoochee river, to some point not exceeding eight miles, as shall be most eligible for the running of branch Roads, thence to Athens, Madison, Milledgeville, Forsyth, and Columbus, and that the same shall be surveyed and located by the Engineer-in-Chief upon ground, most suitable to answer the purposes herein expressed. Sec. 6. And be it further enacted by the authority aforesaid , That for the purpose of procuring the necessary funds for the accomplishment of said work, the said Commissioners shall, conjointly with the Governor of this State, from time to time, and in such sums as to them may seem most expedient, sell or dispose of stock to be created on the credit of the State, bearing an interest of not more than six per centum per annum, scrip for which stock shall be issued and signed by the Governor, and the President, for the time being, of said Board of Commissioners, and the said stock shall not be redeemable in less time than thirty years after it is issued, and the interest thereon shall be paid from the interest on the discounted paper held by the Central Bank of this State; Provided , that nothing shall be herein so construed to authorize the Commissioners and Governor aforesaid, to pledge the credit of the State, for an amount not more than five hundred thousand dollars during any one year. Sec. 7. And be it further enacted by the authority aforesaid , That the three Commissioners who shall be elected during the
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present session of the Legislature, shall hold their office for one year, and the election for such Board of Commissioners, shall be held annually, and shall be subject to removal by the Governor, for neglect of duty, and their vacancies shall be filled by the Governor, until the ensuing session of the Legislature: and shall, before entering upon their office, take and subscribe an oath, faithfully to discharge the duties thereof. Sec. 8. And be it further enacted by the authority aforesaid , That the Secretary of State be authorized and directed to affix, the seal of this State to scrip or certificates of debt of this State, issued by the provisions of this act. Sec. 9. And be it further enacted by the authority aforesaid , That all laws or parts of laws, militating against this act, and especially so much of the act of December 21st, 1836, as relates to the appointment and duties of a Superintendent, be, and the same are, hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to authorize the Georgia Railroad and Banking Company to continue and extend their Railroad from the town of Madison, in Morgan county, to pass through, or near, the town of Covington, in Newton county, and to connect with the Railroad authorized to be constructed from the Tennessee line, near the Tennessee River, to the south-eastern bank of the Chattahoochee River, by an act passed on the 21st of December, 1836, and to apply the several acts heretofore passed, forming the charter of the Georgia Rail Road and Banking Company, to the construction and use of the extension of said Rail Road hereby authorized. Whereas, by an act entitled an act to authorize the construction of a Rail Road Communication from the Tennessee line, near the Tennessee river, to the point on the South Eastern bank of the Chattahoochee river, most eligible for running branch roads, thence to Athens, Madison, Milledgeville, Forsyth and Columbus, and to appropriate monies therefor, encouragement is held out in the tenth section of said act, for the construction of branch Rail Roads, from the terminus of said
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State Rail Road, on the Chattahoochee river, to the several towns of Athens, Madison, Milledgeville, Forsyth and Columbus.: And whereas, in pursuance of the views of said act, the Monroe Rail Road Company, and the Chattahoochee Rail Road Companies, have obtained the privilege, by acts of the Legislature, to connect their respective Roads with said State Rail Road. Now for the purpose of extending a like privilege to the Georgia Rail Road and Banking Company, to continue their Road from the town of Madison, to pass through, or near the town of Covington, to the said State Rail Road, on the Chattahoochee river. Section 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 Georgia Rail Road and Banking Company, shall have the right, and they are hereby authorized and empowered to continue their Rail Road from the town of Madison, in Morgan county, to pass through or near Covington, in the county of Newton, to connect with and join the Rail Road, about to be constructed by the State, from the Tennessee line, near the Tennessee river, to the South-east bank of the Chattahoochee river, as contemplated by the act recited in the foregoing preamble, and for that purpose the said Georgia Rail Road and Banking Company, shall have all the powers and privileges, rights and immunities in the construction of said branch from Madison, as aforesaid, to the said State Rail Road, as are contained in the several acts heretofore passed, and now of force, constituting the charter of the Georgia Rail Road and Banking Company, as fully as if the said continuation had been originally a part of the Georgia Rail Road; and the said acts shall extend to, and regulate the construction of said extended Road, hereby authorized to be constructed, in the same manner, and to the same extent, and for the same purpose and uses, as the same have been used and applied to the Georgia Rail Road and its branch from the city of Augusta to the said town of Madison. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to extend the time authorized by the act passed 27th December, 1831, to the Savannah Ogechee and Alatamaha Canal Company, for the purpose of constructing and completing a Canal from the Ogechee to the Alatamaha Rivers, and from thence to its branches, the Oconce and Ocmulgee Rivers, and to such point on the Flint or Chattahoochee Rivers as may be determined on by the Board of Directors of said Company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the time allowed by the act passed the 27th December, 1831, to the Savannah, Ogechee and Alatamaha Canal Company to complete and finish the Canals thereby proposed, from the Ogechee to the Alatamaha Rivers or its branches, the Oconee and Ocmulgee Rivers, shall be, and is hereby extended to eight years from and after the expiration of the time allowed by said act, and the said corporation shall complete and finish the said Canal from the Alatamaha River or its branches, the Oconee or Ocmulgee, to the Flint or Chattahoohee Rivers within ten years after the expiration of the time allowed by said act, passed 27th December, 1831, and on failure thereof shall forfeit all the rights, immunities and privileges given in said act, so far as the same are especially applicable to the Canal not completed within the time specified as above. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to incorporate the Milledgeville Rail Road Company. Section 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 B. Stubbs, Benjamin S. Jordan, Jeremiah Beall, William D. Jarratt, Farish Carter, Thomas Butler, Thomas Ragland, Wm. Y. Hansell, Benjamin A. White, C. D. Hamond,
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F. V. Delaunay, R. K. Hines, G. H. Jordan, Iverson L. Harris, T. Fort, M. J. Kenan, R. M. Orme, and their associates and successors, be, and they are hereby incorporated with vested powers, rights, and privileges, as a body politic, by the name and style of the Milledgeville Rail Road Company, and by the name and style aforesaid, shall be capable in law to sue and be sued, answer and be answered unto, defend and be defended in all Courts of the State of Georgia, or any Court whatever having competent jurisdiction over any matter, dispute or transaction touching the business affairs or well being of the said Company; that they may have and use a common seal, and the same may alter or change at their pleasure, and shall have full power and authority to do and perform all and every such incorporate acts as are permitted or allowed to other incorporated companies for similar purposes; and the President and Directors of said Milledgeville Rail Road Company shall be competent to make all necessary bye-laws, rules, and regulations, as they may deem most conducive to the good order, faith, and harmonious government of the said company: Provided , such bye-laws, rules, and regulations be not repugnant to the Constitution and laws of this State. Sec. 2. And be it further enacted by the authority aforesaid , That it shall and may be lawful for the said company to create a stock of sixteen hundred thousand dollars, to be increased if necessary, one third, for the purposes of erecting the Rail Roads hereinafter described, to wit: a Rail Road from the city of Milledgeville by the way of Sparta, or its vicinity, in Hancock county, to Warrenton, in Warren county, or to such point of intersection with the Georgia and Athens Rail Road above Warrenton, as the said company may select and agree upon; and also a Rail Road from the city of Milledgeville to intersect the Central Rail Road either in the county of Wilkinson or Washington, as the said company may agree upon and select; and they are authorized and empowered to cause books of subscription to be opened at such places and in such manner as they may deem most conductive to effect the obtainment of the stock required, for the purposes aforesaid. Sec. 3. And be it further enacted by the authority aforesaid , That the capital stock of said company shall consist of sixteen thousand shares, of one hundred dollars each; but the number of shares may be increased one third; and upon the subscribing for shares in said stock, the subscribers shall pay the sum of five dollars upon each share subscribed for by such subscriber: Provided , that the said company may commence the Rail Road and all the business requisite for the completion of the same, first above mentioned so soon as ten thousand
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shares shall be subscribed in said stock, or the road to intersect the Central Rail Road, so soon as six thousand shares shall have been subscribed. Sec. 4. And be it further enacted by the authority aforesaid , That the said company shall be allowed seven years from the passage of this act to complete said contemplated Rail Roads, or the term of five years to complete either of them: Provided , they should decide to erect only one of said roads, and the said company shall be entitled and authorised to demand and collect freights or tolls on all goods, wares, merchandize, or productions of the country conveyed over said Rail Roads, or either of them, and also for passengers on the same, as the Board of Directors of the said Company may find necessary to adopt from time to time, in their regulations of tolls: Provided , that during any twelve months together, the nett amount shall not exceed twenty-five per cent. per annum upon the amount of capital actually paid in, or the amount actually expended in making, constructing and keeping in good repair said Rail Roads or either of them. Sec. 5. And be it further enacted by the authority aforesaid , That the Board of Directors of the aforesaid Company shall have power to select and take, or receive as donation, such strip or strips of land between the points selected for said roads or either of them, and of such width and shape as they may deem necessary for the construction of said roads or either of them; and in case of disagreement between the owner or owners and the Board of Directors of the aforesaid company, in regard to the damages or price of the necessary strip or strips of land required for the purposes aforesaid, it may and shall be lawful for the company to appoint two competent and disinterested free holders, and the owner or owners of such land shall appoint two competent and disinterested free holders, all whom of shall be sworn by some judicial officer to do equal justice between the parties; and they shall then proceed upon the premises as a committee of arbitration and appraisement, and they shall make their award of valuation of damages in writing, to be approved and signed by them, or a majority of them, which amount the said company shall pay unto the owner or owners of such strip or strips of land, and the fee simple right thereof shall vest in the said company forever; and the award shall be recorded in the office of the Clerk of the Superior Court of the county where the land may lie, in the same manner as deeds. In case the owner or owners of such strip or strips of land, shall refuse to appoint on their part a referee or referees, then and in that event the Inferior Court, or a majority of the Court, in which such strip or strips of land may lie shall appoint such referee or referees; and in case the
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committee aforesaid, in either way appointed, cannot agree upon the amount of damages and valuation, they shall choose a fifth man, who shall be sworn as aforesaid, and be added to said committee; and in case either party be dissatisfied with the award of the committee of arbitration, they shall have the right of appeal to a special jury in the county where the land may lie, which appeal shall be tried at the first term of the Superior Court in the county where the land lies, after the said appeal is made, and the decision in which way soever made by the special jury, shall vest in the Milledgeville Rail Road Company the fee simple of the strip or strips of land in question, and in the other party a judgment for the value thereof, thus ascertained and determined. Sec. 6. And be it further enacted by the authority aforesaid , That the said company shall not obstruct by their Rail Road, any public road which may be crossed by said Rail Road; that the stock of the aforesaid company shall be exempt from all taxes, duties and impositions whatever, unless it be such a tax, and no more, as is now imposed on bank stock in this State; and that no Rail Road shall be permitted hereafter to be erected or constructed within twenty miles of the route or routes the aforesaid company may select, without their consent. Sec. 7. And be it further enacted by the authority aforesaid , That no stockholder of said company shall be eligible as a Director, unless he shall hold at least fifty shares of the stock in his own right, or as administrator, executor, or guardian: the Board shall be competent at all times to call an extra meeting of the stockholders when by them deemed necessary; and the Directors shall choose one of their own body as President, who, together with the Directors, shall be entitled to and receive such compensation for their services as may be allowed by the owners and lawful representatives of a majority of shares of the capital stock of the institution, to be determined by ballot or otherwise at the annual regular meeting of the stockholders, and to be determined on before the annual election for Directors shall take place; and in all elections the stockholders shall be allowed to vote, either in person or by proxy, duly authorized by power of attorney properly executed. The number of votes to which each stockholder shall be entitled, shall be according to the number of shares held by each, every share one vote, but no share shall entitle the holder to a vote, unless the same has been transferred bona fide, on the books of said company at least three calendar months before the election; the Board shall be competent to appoint and fix the salaries of a Secretary and Treasurer, and as many clerks, agents, engineers and laborers as they may deem necessary and expedient, to despatch the business of the said
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company, and until a Board of Directors shall be organized and competent to proceed to business, the amounts received from subscribers for stock, shall be deposited by the person or persons receiving the same in the Bank of Milledgeville. Sec. 8. And be it further enacted by the authority aforesaid , That the Board of Directors shall have power to call in such ratio from time to time, of the subscription of stock upon the books of said company, by way of instalments, as they may deem necessary for the prompt progress and execution of the work, first giving notice to the stockholders respectively sixty days previous to the time required for the payment of such instalment, in all the public Gazettes of Milledgeville; and in case any stockholder shall refuse to pay his, her, or their instalment when called on in any manner aforesaid, it shall be lawful for the board to declare such shares of stock forfeited to the use and benefit of the company; but the defaulting party shall have the right of appeal to the stockholders at their next regular meeting thereafter, and by the consent of the owners and representatives of two thirds of the capital stock of the institution, the previous instalment which may have been paid upon the shares so forfeited may be refunded, and the said shares offered by the board for re-subscription, as if the same had never been subscribed for. Sec. 9. And be it further enacted by the authority aforesaid , That if any person or persons shall wilfully and maliciously damage, injure, or obstruct, or in any manner destroy, or shall wilfully and maliciously cause, or aid and assist, or counsel or advise, any other person or persons to destroy, or in any manner to hurt, damage, injure or obstruct the aforesaid Rail Roads, or either of them, or any bridge or other appertenance connected therewith, or any vehicle, edifice, right or privilege granted by this act, and constructed for use under authority thereof, such person or persons so offending shall be liable to be indicted, and on conviction thereof, shall be imprisoned at hard labor in the Penitentiary, at the discretion of the Court, not less than four years, and shall be further liable to pay all damages and expenses of rebuilding or repairing the same, the one half of which shall be paid by the company to the informer. Sec. 10. And be it further enacted by the authority aforesaid , That the persons authorized by this act to raise the capital stock of said company, or such person or persons as they may authorize and appoint for that purpose, shall issue certificates of stock to the subscribers at the time of subscribing, which may be exchanged for scrip or certificates of the Secretary and Treasurer, after the Board of Directors shall be organized and authority given by them for that purpose. And the evidences of debts of the said company shall be binding
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only on the funds of said company when under their corporate seal, or when signed by the President and countersigned or attested by the Secretary and Treasurer of said company. The first annual election for Directors shall take place on the first Monday of October, 1838, and annually on the first Monday of October, unless prevented by some casualty, and should no election take place at the time above prescribed, the corporation for that cause shall not cease, but that an election may be held at any such other time as the Directors for the time being shall appoint, and the Directors for the time being shall act until a new Board shall be elected. The number of Directors of said company shall be five; and a book of minutes of the proceedings of the stockholders and of the Directors, shall be kept by the Secretary and Treasurer, which together with all the books of said company shall be subject to the inspection of the stockholders at each of their annual or extra meetings. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. RECORDS. AN ACT to authorize the Inferior Courts of the Counties of Cherokee, Cass, Cobb, Paulding, Floyd, Walker, Murray, Gilmer, Union and Lumpkin, to procure copies of the original records of the Superior and Inferior Courts of originally Cherokee county, which are now in the Superior and Inferior Clerk's offices of Forsyth county, and to legalize the same. Section 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 Courts of the counties of Cherokee, Cass, Cobb, Paulding, Floyd, Walker, Murray, Gilmer, Union and Lumpkin be, and they are hereby authorized to employ some fit and proper person to transcribe into good and well bound books, purchased for that purpose, by said Inferior Courts, all the original records of the Superior and Inferior Courts of originally Cherokee county, while and during the time that the aforesaid counties, composed a part of the original county of Cherokee, and
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that the same, when procured, shall be deposited in the Superior and Inferior Clerk's offices in the counties procuring the same. Sec. 2. And be it further enacted by the authority aforesaid , That the Clerks of the Superior and Inferior Courts of Forsyth County, who have possession of the original records, and the person employed to transcribe the same, shall compare the original records and copies, and said Clerks shall certify, in all of the books of transcript, that they are true and correct copies of the original records, and a certified copy of any instrument on transaction recorded in said books, shall be received and held as legal evidence in any court in this State, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. RELIEF. AN ACT to incorporate the Widows' Society for the relief of indigent widows and orphans, in the city of Savannah. Section 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 Mary C. Cleland, Eliza Lloyd, Eliza C. Nicoll, Margaret T. Snider, Eliza MacKay, Eliza Postell, Mary Densler, Elizabeth Stiles, Susan Maxwell, Corrin Hutchison, S. A. Anderson, Mary Pooler, Ann Baker, C. Herb, L. Shellman, G. A. Houstoun and B. C. Robertson, with all such other persons as are now, or may hereafter become members of said society, be, and they are hereby incorporated and made a body politic, by the name and style of the Savannah Widow's Society, for the relief of indigent Widows and Orphans, with the privilege of using a common seal. Sec. 2. And be it further enacted by the authority aforesaid , That the said Society, by the name and style aforesaid, shall be, and they are hereby made able and capable in law to hold, purchase, receive and enjoy lands and tenements, goods and chattels, and effects of what kind and nature soever, and the same to give, grant, alien, and dispose of, to sue and be sued, to plead and be impleaded, in courts of record, and also to
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ordain and put in execution such bye-laws and regulations as shall seem necessary and convenient for the general government of said Corporation, Provided , such bye-laws and regulations are not contrary to the laws and constitution of this State, or of the United States. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT for the relief of John G. Falligant, of Chatham County. Whereas, the said John G. Falligant, on the sixteenth day of June, one thousand eight hundred and thirty-six, (1836) became bail for the appearance of one Wm. F. Getzinger, before the Superior Court of Chatham county, to answer to the charge of larceny from the house; and whereas at the first term of said Court ensuing the date of the recognizance of the said John G. Falligant, the said William F. Getzinger did appear, and upon his trial at said term, the Jury not being able to agree, a mis-trial was declared; and whereas, at a subsequent term of said Court, the said William F. Getzinger did not appear, in conformity to the requisitions of said recognizance, by reason whereof the same became forfeited; and whereas, the said John G. Falligant has subsequently, at his own expense, caused pursuit and apprehension of the said William F. Getzinger to be made, and has lodged him in the jail of Chatham county, where he is now awaiting his trial Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the said John G. Falligant be, and he is hereby, declared to be henceforth entirely discharged, acquitted and relieved from the liability to pay said forfeited recognizance; any law, usage or custom to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837.
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AN ACT for the relief of James Wingfield, representative of Francis Gordon, deceased, and to appropriate a sum of money therefor. Section 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 Comptroller General audit the certificates of discharges held by James Wingfield, representative of Francis Gordon, in favor of William Strong, Nathaniel Gunnals, Spencer Crane, Abner Wellborn, Ambrose Cameron, William Teas, Johnston Wellborn, Thos. Hay, A. Hartsfield, Jas. House, John Ross, Anderson Hartsfield, Michael Moore, Allen Hartsfield, Abraham Crowley, Richard Nall, Samuel Crowley, George Doggett, Thos. Hay, James Wootten, John French, and Augustin Harris; which said certificates were transferred to the said Francis Gordon while in life. Sec. 2. And be it further enacted by the authority aforesaid , That the Comptroller General be, and he is hereby, required to allow to each of said mentioned persons, the amount of monthly pay to which they would have been entitled had they been paid by the Federal Government; and upon the certificate of the Comptroller General, of the amount due thereon, being produced to the Governor, it shall be his duty to draw his warrant on the Treasury for the same, out of any money not otherwise appropriated, in favor of the said James Wingfield, representative as aforesaid. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to authorize the Justices of the Inferior Court of Walker county to remit a forfeiture incurred by Robert R. Allen and John C. Johnson, on a bond for the appearance of George W. Campbell. Section 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 Walker county, or a majority of them, may, at their discretion, and they are hereby authorized and empowered to, remit the whole or any part of
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a forfeiture and judgment obtained against the said Robert R. Allen and John C. Johnson, on the bond for the appearance of the said George W. Campbell, in failing to appear at the Superior Court of Walker county, in pursuance of said bond: Provided , the said Robert R. Allen and John C. Johnson shall in no wise be exonerated from the payment of the said judgment and forfeiture until they shall have first paid all costs that have accrued in the said case. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT for the relief of James Alexander, and to authorize the Trustees of the Poor School Fund of the County of Columbia, under the direction of the Inferior Court, to discharge and release said Alexander from the penalty of his certain forfeited recognizance. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That after the passage of this act; the Trustee of the Poor School Fund, under the direction of the Inferior Court of Columbia county, is hereby authorized to relieve, and forever discharge, James Alexander from the payment of any, or all, of the sum of certain penal obligations, conditioned for the appearance of a certain Alethea Huchingson, at the Superior Court of the said county of Columbia, and which said bond having been forfeited by the non-appearance of the said Alethea Huchingson. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837.
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AN ACT for the relief of George W. Roxbury. Whereas, one Stephen Venters was charged with an assault, with intent to murder, and gave George W. Roxbury as his security for his appearance at the Superior Court held in and for the county of Newton, in the sum of one thousand dollars; and whereas, the said Venters failed to make his appearance at the said Court, and the recognizance of the said Venters having been forfeited, and at the September term, 1837, of the Superior Court for the county of Newton, a judgment was rendered against the said George W. Roxbury, as the security of the said Venters, upon the said forfeited recognizance, for the sum of one thousand dollars and costs, and execution having issued thereon Section 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 , (for remedy whereof,) That the Justices of the Inferior Court of Newton county, or a majority of them, be, and they are hereby, authorized and required to remit the said forfeiture, judgment and execution, so incurred by the said George W. Roxbury: Provided , the said George W. Roxbury shall in no case be exonerated from the payment of said forfeiture, judgment, and execution, until he shall first make it satisfactorily appear to the said Justices that he has paid all costs that have accrued in said case; any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT for the relief of Sarah Dudley. Whereas, by an act of the Legislative Council of Florida, passed on the 9th day of February, 1832, the marriage contract before that time existing between Enoch Dudley and Sarah Dudley, was dissolved; and whereas, the said Sarah Dudley is now a citizen of this State, and by the laws thereof she is prohibited from marrying again; for remedy whereof Section 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 after the passage of this act, the said Sarah Dudley be, and she is hereby, absolved from all the pains and penalties of the laws of this State, in relation to persons divorced, and whose conduct authorizes the divorce, and that she is hereby authorized to marry again, according to the laws of this State, as though the said marriage contract had never been dissolved. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT to appropriate a sum of money for the relief of Samuel Passmore. Whereas, during the late war with the Creek Indians, it became necessary to press into the service a road wagon and team, the property of Samuel Passmore; and whereas, at the burning of Roanoke by the Creek Indians, the same was taken and destroyed; and whereas, from the affidavits of Captain James U. Horn and Tomlinson Fort, the same was estimated to be worth, at a reasonable valuation, the sum of one thousand dollars; and whereas, it is reasonable and just that the same should be paid; for relief thereof Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the sum of one thousand dollars be, and the same is hereby, appropriated out of any monies in the Treasury of this State, not otherwise appropriated, for the payment of the claims of Samuel Passmore, for the loss of a wagon and team, the property of said Samuel Passmore, pressed into the public service during the late war with the Creek Indians: Provided , the applicant show, with satisfactory evidence, to the Governor and Comptroller General, that he has not recovered the lost property, and if he has recovered any part thereof, that then the Governor and Comptroller General be authorized to pay him proportionably for what he has not recovered, and that the Governor be required to use all proper means to reimburse the State of Georgia out of the General Government. Sec. 2. And be it further enacted by the authority aforesaid , That immediately after the passing of this act, the Governor
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be, and he is hereby, authorized and required to draw his warrant upon the Treasury for the payment to the said Samuel Passmore, or his order, the said sum of one thousand dollars. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT for the relief of Isaac Chubb, Nicholas Chubb, Amend Chubb, William, Henry and Ann Chubb, free persons of color. Whereas, Isaac Chubb, Nicholas Chubb, Amend, William, Henry and Ann Chubb, free persons of color, removed several years ago, from the State of North Carolina, to Morgan county, Georgia, where they have since resided, and have until very recently, been entirely ignorant of the existence of any law of the State, that inhibited such removal, or that they had subjected themselves to any penalty thereby; and whereas, the State of North Carolina, has, since their removal, enacted a similar law, which prevents a return to the place of their nativity, without incurring a like penalty, for remedy whereof Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That after the passage of this act, Isaac Chubb, Nicholas Chubb, Amend, William, Henry and Ann Chubb, shall, upon application to the Clerk of the Inferior Court of Morgan county, and upon the production of sufficient evidence of their freedom, be entitled to have their names registered, in the manner prescribed by the laws of this State, for the registry of the names of free persons of color, and shall be entitled to all the privileges, and subject to all the liabilities, and shall be upon the same footing in every respect with free persons of color in this State; any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT for the relief of William A. Carr, of Clarke County. Whereas, by law, the citizens of Clarke County, make annual returns of their taxable property, and the said William A. Carr was unavoidably absent, when the returns were made for the year eighteen hundred and thirty-five, and was returned and doubled taxed, individually, and as Trustee for others, and which double tax he has paid; and whereas, the tax for said year was paid to the county of Clarke. Section 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 Clarke county, are hereby required to refund to Wm. A. Carr, of said county, such sum as he may have paid over and above his legal tax, and which was assessed by reason of said Wm. A. Carr, having failed to give in his taxable property for the year eighteen hundred and thirty-five, by way of double tax; Provided , however, the said Wm. A. Carr, shall show satisfactorily to said Justices, his failing to give in, was unavoidable, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT for the relief of William Martin, and for other purposes therein mentioned. Whereas, the act passed by the Legislature, on the 21st December, 1830, pointing out the mode of dividing lots of land which have been condemned as fraudulently drawn, is vague in directing who shall make a plat of the division made; and whereas, Wm. Martin was the informer in returning lot of land number one hundred and eight in the fourth district of the second section of originally Cherokee county, which was drawn by Pyent E. Jackson, and which said lot of land has been regularly condemned as a fraudulent draw, and divided under an order of the Superior Court, by the Sheriff and certain Freeholders, and there being no County Surveyor in the county where the said land lies, and the said Martin not being able to obtain a
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grant for his part of said lot of land, because the County Surveyor has not made and returned a plat Section 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 Wm. Martin, and also the person or persons who have or may purchase the State's interest, shall be authorized, on presentation of the exemplification of said proceedings, and a plat of the division made out by the Sheriff, shall be entitled to receive a grant for his part of said land, under the same rules and payment of the same fees, as though the plat had been made out and returned by the County Surveyor. Sec. 2. And be it further enacted by the authority aforesaid , That in all other cases similarly situated, a plat of the division of any tract of land condemned as fraudulently drawn, made out and returned either by the Sheriff of the county or the County Surveyor, shall be held and deemed as sufficient; any usage, law or rule to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT to appropriate money for the relief of the Chatham Artillery. Whereas, a petition has been presented to the Senate and House of Representatives of the State of Georgia, in General Assembly met, by the members of the Chatham Artillery, praying Legislative aid; and whereas, it appears that the State has never furnished any arms or equipments whatever to the said corps, or been at any expense whatever in its support, but that the said corps did, by the private subscription of its own members, build an arsenal and magazine in the city of Savannah, and furnished its own train of brass field artillery; and whereas, the arsenal and magazine of said corps requires expensive repairs, and the gun carriages have been reported by the inspecting officers of the State to be unfit for service; and whereas, it is important that corps of artillery (the Chatham artillery being the only one in the State,) should be fostered and encouraged Section 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 sum of three hundred and fifty dollars be appropriated out of any monies in the Treasury not otherwise appropriated, for the purpose of enabling said corps to put its arsenal and magazine in good repair, and its train of artillery and necessary equipments in such order as to render them fit for active service. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. RIVERS. AN ACT to keep open Notley river for the free passage of fish, so far as respects the county of Union, and to repeal the act passed 19th December, 1834, and to establish the following in lieu thereof. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act it shall not be lawful for any person or persons to obstruct more than two thirds of Notley river by fish traps, dams or any other obstruction so as to prevent the free passage of fish. Sec. 2. And be it further enacted by the authority aforesaid , That if any person or persons shall obstruct more than two thirds of said river, on application made on oath by any person or persons to the Justice of the Peace in such District where such obstructions are made, it shall be the duty of said Justice of the Peace to notify three disinterested persons requiring them forthwith to the place where such obstructions are made, then and there to remove such obstructions agreeable to this act. Sec. 3. And be it further enacted by the authority aforesaid , That such person or persons removing such obstructions shall receive (one) dollar from the person or persons so obstructing said river, and on refusing to pay the sum the person or persons shall and may make application to said Justice of the Peace, and said Justice shall issue an execution against said
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person or persons for the amount above specified, and it shall be collected in the same manner as other executions are. Sec. 4. And be it further enacted by the authority aforesaid , That the Justices of the Peace and other officers shall receive the usual fees as are already allowed to them in such cases made and provided. Sec. 5. 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. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT to alter and amend an act passed 22nd December, 1835, for the keeping open of Flint river, so far as respects the free passage of fish in said river, from the old Agency to Town's Bridge. Section 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, so much of the first section of the above recited act as relates to the appointment of commissioners on said river, and so much of the third section of said act as relates to the compensation of said commissioners, be, and the same are hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That John Solomon, Lemuel Cox, and Benjamin Manes, be, and they are hereby appointed commissioners on said river, subject to so much of the provisions of the above recited act as are not hereby repealed. Sec. 3. And be it further enacted by the authority aforesaid , That the said John Solomon, Lemuel Cox, and Benjamin Manes, or any two of them, shall be empowered, in addition to the powers given in the above recited act, to summons not more than five persons, whose duty it shall be to assist in removing obstructions out of said river, as contemplated in the above recited act. Sec. 4. And be it further enacted by the authority aforesaid , That the said commissioners shall receive for their services, three dollars per day, and that the persons summoned to carry into effect the provisions of this act, shall receive two dollars
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per day for their services, all of which shall be paid out of the County Treasury of Talbot county, as provided in the above recited act. Sec. 5. And be it further enacted by the authority aforesaid , That nothing herein contained shall be so construed as to repeal an act passed 21st December, 1835, authorizing David Tarrell, Jr. to erect a mill-dam across Flint river, in the county of Crawford, under certain restrictions, assented to 20th December, 1828. Sec. 6. And be it further enacted by the authority aforesaid , That Nathaniel Bradford, Reese Cureton, Britain Pope, and Lucas Price, be, and they are hereby appointed commissioners for all that part of the above recited act lying in Crawford county. Sec. 7. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to remove and prevent obstructions in the Sanque river, in the county of Habersham. Section 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 in future, it shall not be lawful for any person or persons wilfully to cut or fall trees, throw logs, boards, slabs, or any other material that will obstruct the main current of the Sanque river, from the bridge over said river near Clarkesville, in Habersham county, up the said river to its junction with Shoal Creek. Sec. 2. And be it further enacted by the authority aforesaid , That every offence against the provisions of this act, shall be considered a public nuisance, and the offender or offenders shall be liable to punishment by fine and imprisonment at the discretion of the Court having cognizance thereof. Sec. 3. And be it further enacted by the authority aforesaid , That nothing in this act shall be so construed as to prevent persons who may own land on said river Sanque, from building banks or fences across over said river, for the purpose of preventing stock from passing up and down the same from one
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plantation to another, or from passing through the plantations of persons residing on the same, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT further to authorize and compel the Commissioners heretofore appointed by law, to keep open the main channel of Flint River, for the free passage of Boats and Fish. Section 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, no person shall so construct dams adjoining islands in said river, as to prevent the free passage of boats and fish. Sec. 2. And be it further enacted by the authority aforesaid , That the Commissioners heretofore appointed for the purpose of keeping open the main channel of said river, are hereby authorized and required, under the same regulations for keeping open the main channel of said river, also to keep open the same width one of the channels passing by the islands in said river. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to appoint two additional Commissioners for improving the Navigation of the Canoechia River. Section 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 from and after the passage of this act, John Deloach and William Deloach, be, and they are hereby, appointed Commissioners for opening and improving the navigation of the Canoechia River. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 22d December, 1837. AN ACT to keep open the Highwassee River. Section 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 Jarratt Burch, Sen'r., George Clurringen, and James Osburn, be, and they are hereby, appointed Commissioners, with full power and authority to open, and keep unobstructed, for the free passage of fish, one-third of the width of Highwassee River, from the State line on said river up to the junction of Little Etowah, in Union county: Provided , such duty shall not interfere with any mill dams; any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT supplementary to an act entitled an act to keep open the main channel of Broad and Savannah rivers for the free passage of fish, assented to on the twentieth of December, one thousand eight hundred and thirty-four, and to compensate the Justice of the Peace and Commissioners who are contemplated in the second section of the above recited act for the same. Section 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
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and immediately after the passage of this act, on application to any Justice of the Peace for the appointment of five commissioners to repair to any point for viewing the extent of obstructions, and on their report, the said Justice shall grant an order for the same; the Justice shall have and receive for his compensation, the sum of one dollar and fifty cents for the services rendered, agreeable to the second section of the above recited act, and the commissioners shall have and receive the sum of two dollars each per day, as a compensation for their services for attending to the duties contemplated in the second section of the above recited act. Sec. 2. And be it further enacted by the authority aforesaid , That the said Justice shall, on the report of the commissioners, give them a certificate setting forth the amount due them for their services, which shall be sufficient testimony for the Treasurer of the County where the applicant resides, to pay over the amount set forth in said certificate, out of any moneys not otherwise appropriated. Sec. 3. And be it further enacted by the authority aforesaid , That before the commissioners proceed to the duties assigned them in the above recited act, shall take the following oath, administered by a Justice of the Peace: I, A. B. do solemnly swear that I will, to the best of my abilities and understanding, faithfully discharge the duties assigned me as commissioner, agreeable to the requisition of the second section of the above recited act, without favor or affection to any party in interestso help me God. Sec. 4. And be it further enacted by the authority aforesaid , That nothing in this act shall be so construed as to exempt any person from the penalty annexed by law, made and provided for in such cases. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. ROAD AND BRIDGE LAWS. AN ACT to alter and amend the Road Laws, so far as relates to the county of Tatnall. Section 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 from and after the passage of this act, all fine money collected, or that may be collected from any person or persons who are liable to work on roads in the said county of Tatnall, and shall refuse or neglect to do the same, shall be paid over to one of the acting Justices of the Peace in and for the District in which such defaulters may reside; one half of said fines to the overseer, and the other half shall be kept by said Justice of the Peace, to be applied exclusively to the construction of bridges and causeways in said Districts, and be subject to the purpose aforesaid, to the order of the commissioners of roads in and for the respective Districts in the said county of Tatnall. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to repeal so much of the Road Law, passed at the last session of the Legislature of the State of Georgia as relates to the county of Elbert, and to revive and continue in force the former Road Law. Section 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 so much of the Road Law, passed on the 31st of December, 1836, as relates to the county of Elbert, be, and the same is hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That the former Road Law that was in force previous to the passage of the above recited act, be revived and continued in force as fully and effectually as if such act had not been passed. Sec. 3. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to alter and amend the Road Laws of this State, so far as respects the county of Lincoln. Whereas, the third section of our laws, entitled an act to alter and amend the Road Laws of this State, passed December 19th, 1818, requiring at least three days notice to be given to all hands subject to road duty. And whereas, it is believed the object and intentions of said act may be better executed in the county of Lincoln by an alteration in the time of said notice. Section 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 be lawful for the overseer or overseers of roads in the several districts in the said county of Lincoln, as well as in the incorporation of Lincolnton in said county, to give one day's notice to all persons liable to perform road duty, their agents or overseers, or others having charge, agency or control of hands liable to perform road duty, in their respective districts or incorporation, stating the place and time of meeting, with such implements as shall be deemed necessary for repairing the roads, and that said notice shall be sufficient to require the attendance of all persons so warned. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, so far as respects the county of Lincoln, and so far as respects the notices to work roads, be, and they are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to amend the Road Laws of this State, so far as respects the county of Clarke, and to levy an extra tax for the same. Section 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 Clarke county, or a majority of them, are hereby vested with full power and authority to appoint three commissioners, one in each battalion, to lay out roads as heretofore prescribed by law, and adopt any measure in relation thereto, and pursue any course which in their judgment will best promote the interest of the county and public convenience. Also, to levy an extra tax upon all and every person liable to work on said roads as heretofore, any sum not exceeding one dollar each, for any person so liable (including slaves) which tax when so levied and paid shall exonerate the person paying the same from all liability to work on said roads as heretofore prescribed by law. Sec. 2. And be it further enacted by the authority aforesaid , That the Justices of the Inferior Court, be, and they are hereby authorized to make use of a portion of the funds of said county, in addition to the tax herein authorized to be raised whenever they may deem it necessary to effect the objects of this act. Sec. 3. And be it further 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 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 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. 4. And be it further enacted by the authority aforesaid ,
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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, or may be liable to pay, for the purposes before mentioned. Sec. 5. 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. 6. And be it further enacted by the authority aforesaid , That the commissioners thus appointed failing to perform their several duties agreeabl to this act, shall be subject to a fine not exceeding fifty dollars, at the discretion of the Court, and that they be allowed the sum of one dollar per day for every day they may be engaged in actual discharge of the duties herein required of them. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to alter and change the Road and Bridge Laws, so far as regards the county of Troup. Section 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 the county of Troup be, and they are hereby authorized to contract for and superintend the building of bridges in said county, upon such terms and with such conditions as they in their discretion may think proper: Provided however , that said contract shall always be at public outcry at the Court House, or such other place as they may designate: and provided also , that they shall in every case give at least twenty days notice of the time and place of letting such contract. Sec. 2. And be it further enacted by the authority aforesaid ,
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That all bonds or other instruments taken by them for the building and completion of such bridge or bridges according to the terms of the contract made by them, shall be recoverable in any of the Courts of this State having competent jurisdiction. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to repeal the 1st, 2d, 3d, 4th, 5th, 6th and 7th sections of an act entitled an act to alter and amend the Road Laws of this State, so far as respects the county of Camden, passed 23d day of December, 1831, and to vest the jurisdiction over said roads, except on the island of Cumberland, and in Hazzard's Neck, in the Justices of the Inferior Court of said county. Section 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 first, second, third, fourth, fifth, sixth and seventh sections of an act entitled an act to alter and amend the road laws of this State, so far as respects the county of Camden, passed 23d day of December, 1831, be and the same are hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That from and after the passing of this act, the jurisdiction and control of all the roads in the county of Camden, except the roads in Hazzard's Neck and on the island of Cumberland, shall be exclusively vested in the Justices of the Inferior Court of said county, who shall have full power and authority to appoint Commissioners for said roads, whose duty it shall be to superintend the working of said roads and the repairing the bridges thereon, in such manner as the same are now regulated by the road laws of this State; and in case of vacancy, shall be filled up by any two or more of said Justices, in vacation, or otherwise, in writing, under their hand. Sec. 3. And be it further enacted by the authority aforesaid , That the said Justices of said Inferior Court shall have full
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power and authority to inflict fines for neglect or refusal of any person or persons to do road duty, who are liable to the same, and to make all necessary rules and orders in relation to the working of said roads and repairing the bridges thereon, as they or a majority of them shall deem advisable for the public good, as fully and effectually as the same now are or ever were exercised under the existing road laws for said county previous to the passing of the said act of 23d December, 1831. Sec. 4. And be it further enacted by the authority aforesaid , That the Commissioners shall cause said fines, hereafter collected, to be placed in the county treasury, subject to the order of the Justices of said Court, who shall, upon a proper representation of the Commissioners of the different districts of roads which require repairs, have the said fines equally distributed, to be applied for said repairs. Sec. 5. And be it further enacted by the authority aforesaid , That the districts of post roads shall be designated as follows, to wit: The first, from St. Mary's to Crooked River Bridge, and including the same. 2d DistrictFrom Crooked River Bridge to the Satilla river, embracing Floyd's Neck, to Fairfield, thence to Jefferson. 3d DistrictFrom the north side of said river, as the road at present runs, (unless the same be hereafter changed,) to the Little Satilla river. 4th DistrictCommencing from the intersection of the Colerain with the main post road leading from St. Mary's to Centreville, and thence on to Blackshear's road, toward the county line. 5th DistrictFrom Centreville, on the road to Suwannee, by the way of Clark's Wells, to the boundary line on the north branch of St. Mary's river. 6th DistrictFrom Centreville, on the road to Burnet Fort Ferry, on the Satilla river, and thence on the north side of said road to the main post road, to intersect near Mills Drury's place; and the Justices of the Inferior Court aforesaid are hereby required to appoint Commissioners for the said several districts of post roads. Sec. 6. And be it further enacted by the authority aforesaid , That the road laws which were in force previous to the passing of the act of the 23d December, 1831, be, and the same are, hereby revived and continued in force, so far as respects the county of Camden. Sec. 7. And be it further enacted by the authority aforesaid , That the Commissioners of the 3d district of post road, in said county, shall have full power and authority to alter and change
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the route of said road, wherever they may deem it advisable for the public interest. Sec. 8. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to alter and amend the Road Laws of this State so far as respects the county of Union. Whereas, the fourteenth section of the road law of this State requires amendment, wherefore, Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, all fines and forfeitures collected from defaulting road hands of this State, so far as respects the county of Union, be paid over by the collecting officer to the county treasury of said county, to be applied to the building and repairing bridges in said county. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. ROADS. AN ACT to amend an act, passed 24th December, 1836, appropriating a sum of money to lay out and put in good order a road from Dahlonega, in Lumpkin county, by Ellijay, in Gilmer county, and on from thence to the Federal Road, in Murray county. Whereas, by an act of the Legislature of the State of Georgia
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passed the 24th December, 1836, to appropriate a sum of money to lay out and put in good repair a road from Dahlonega, in Lumpkin county, by way of Ellijay, in Gilmer county, and on from thence to the Federal Road, in Murray county, c., it was made the duty of the Inferior Courts of the several counties therein named, to appoint Commissioners to carry into effect, in case the Commissioners named in said act for the several counties should fail to give the bond and securities as required by said law. And whereas, the Commissioners named for the county of Murray, failed to give such requisite bond and security, and the Inferior Court also failed to fill such vacancy with another Commissioner. And whereas, the other Commissioners proceeded and let out the contracts for the laying out and putting in good order said road, which is now nearly completed. And whereas, also, by said act, no Commissioner was allowed to draw more than a proportional part of the appropriation in said act, leaving therefore two thousand dollars out of the ten thousand dollars appropriated, by the failure of the said Commissioner not acting, is yet not drawn Section 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 Governor be, and he is hereby, authorized to draw his warrant on the Treasury of the State of Georgia, for the said two thousand dollars, in favor of the Commissioners who have let out the contracts: Provided , the said Commissioners give the Governor for the time being their joint bond, with good and sufficient securities, in double the amount of said sum of money, to be drawn conditional, to apply the same as contemplated by said law. And whereas, also, the said Commissioners, agreeable to said act, were only entitled to pay for fifty days' service, and from the great labor necessary for the laying out and working said road, more attention will be required than the fifty days aforesaid Sec. 2. And be it further enacted by the authority aforesaid , That the said Commissioners be allowed, out of said appropriation, pay for not exceeding twenty five days' more service, under the same rules and regulations as are now contemplated in said act. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837.
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AN ACT to authorize the Justices of the Inferior Court of Camden county, or a majority of them, to appropriate a part of the county funds of said county to repairing the Roads of said county. Section 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 Camden county, or a majority of them, are hereby authorized and empowered to appropriate five hundred dollars of the county funds of said county, in putting and keeping in good repair the roads leading from Centreville to Hogan's Ferry, on the St. Mary's river, and from the Burnt Fort to Centreville, in said county, and that said Justices shall appoint three Commissioners to see the said sum of five hundred dollars duly and properly expended on said road. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to require all Fines collected for the neglect of Road Duty, in the county of Lowndes, to be applied to the improvement of the Roads where said default or neglect of duty occurred. Section 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 be the duty of the Road Commissioners in the county of Lowndes to apply all fines collected by them for neglect of road duty in said county: to the opening and improving of the said roads in the district where such neglect of duty happened: Provided , that no Road Commissioner or Commissioners in said county of Lowndes shall alter or change the direction of any old road now opened, any new road in said county, without the order of the Inferior Court, as is now required by law. Sec. 2. And be it further enacted by the authority aforesaid ,
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That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 15th December, 1837. AN ACT to appoint Commissioners on that part of the Road leading from Augusta to Clarkesville, which passes over the Currahee Ridge, or Mountain; and, also, Commissioners on that part of the Road leading from Clarkesville, Habersham county, to Madisonville, East Tennessee, which passes over the Blue Ridge, or Allegany Mountain, and to authorize and empower said Commissioners to ask and receive, or recover by law, any amount of money that may now be remaining unexpended in the hands of Peter Ray and Absalom Holcombe, or from any other person who may act as Treasurer of said Board of Commissioners of the Road leading from the North Carolina line through Rabun county, to Clarkesville, Habersham county, agreeable to the provisions of the appropriation act of 1837, passed 26th December of that year. Also, to authorize and empower Jarrett Burch, Martin England, and Josiah Carter, to call on the Commissioners of the road leading from Loudsville, Habersham county, by way of Blairsville, Union county, to the State line, for certain money, c. Section 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 Hampton Holcombe, Jesse Ayres, Brazilla Atkerson, John R. Matthews, and James Brannon, be, and they are hereby, appointed Commissioners to superintend and have improved that part of the road leading from Augusta to Clarkesville, beginning at or near the foot of the Currahee ridge, and running up Denman's Mill Creek, so far as practicable, and from thence to intersect the old road, at or near Jesse Ayres', and no further. Sec. 2. And be it further enacted by the authority aforesaid , That Edward Williams, James R. Wiley, James H. Brown, Alexander Malden, and Adam Pitner, be, and they are hereby, appointed Commissioners to superintend and have worked out that part of the road leading from Clarkesville to Madisonville,
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East Tennessee, commencing the work where the road crosses the line dividing the third aud fifth district of Habersham county; thence along the old road to the top of the Blue ridge, or Allegany mountain. Sec. 3. And be it further enacted by the authority aforesaid , That it shall be the duty of some one of each Board of Commissioners, to superintend in person the respective portions of the road, as heretofore specified, and that he shall be allowed the sum of two dollars per day for his personal attendance, and that the several Commissioners hereby appointed shall be entitled to receive per day, one dollar, for their attention in the transactions relative to the superintending the improvement of said parts of the road. Sec. 4. And be it further enacted by the authority aforesaid , That each Board of Commissioners shall appoint one of their own Board to act as treasurer, and that he shall keep a full and correct account of all monies by him paid out for the improvement of said road; and it shall not be lawful for said treasurer to pay out any money, except it be by the direction or order of a majority of said Board, which only shall be allowed whilst sitting as a Board, and that he be allowed two per cent on all sums by him paid out. Sec. 5. And be it further enacted by the authority aforesaid , That it shall be the duty of a majority of each Board of Commissioners to apply to Peter Ray and Absalom Holcombe, or any person by them appointed as treasurer of the Board of Commissioners, agreeable to the before recited act, for all sum or sums of money that may now be remaining in their hands unexpended, on that part of the road on which they have acted as Commissioners, in the county of Habersham. Sec. 6. And be it further enacted by the authority aforesaid , That if said Ray and Holcombe, or the person acting as treasurer, fail to pay over the unexpended amount of money to the first mentioned Board of Commissioners, it shall be the duty of said Commissioners to call upon the Governor for the time being, for the Board of said Commissioners, and proceed to collect the same, agreeable to the provisions thereof. Sec. 7. And be it further enacted by the authority aforesaid , That so soon as said amount of money is paid over, then, and in that case, the Commissioners as aforesaid shall divide the same equally, to be disposed of on the improvement of their respective portions of the roads for which they act as Commissioners. Sec. 8. And be it further enacted by the authority aforesaid , That it shall be the duty of the respective Boards of Commissioners, previous to their applying to the Executive for said original bond, to give bond and approved security by the Justices of the Inferior Court of Habersham county, made payable
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to his Excellency the Govenor, for the faithful disbursement of the amounts of money by them respectively received on the improvement of said roads. Sec. 9. And be it further enacted by the authority aforesaid , That it shall be the duty of said Commissioners, on their appointing any one of their body to act as treasurer, to compel him or them to give good and sufficient security to said Board for the faithful performance, as treasurer of said Board, and for the true payment of all money by him received. Sec. 10. And be it further enacted by the authority aforesaid , That it shall be duty of the said Board of Commissioners to make a full and correct return of their proceedings on said work, and their expenditures, to his Excellency the Governor, on or before the first Monday in December next, so that he may lay the same before the Legislature then in session; any law, usage or custom to the contrary notwithstanding. Sec. 11. And be it further enacted by the authority aforesaid , That Jarrett Burch, Martin England, and Josiah Carter, be, and they are hereby, authorized and empowered to call on the Commissioners of the road leading from Loudsville, Habersham county, by way of Blairsville, Union county, to the State line for the sum of five hundred dollars, or so much thereof as remains in the hands of said Commissioners, after completing the contracts heretofore made, not to exceed the above amount. Sec. 12. And be it further enacted by the authority aforesaid , That said Jarrett Burch, Martin England, and Josiah Carter, before they enter on the duties of their appointment, give bond and security, payable to the Justice of the Inferior Court of Union county, for the faithful performance of said duty, and faithful application of said funds, to be expended on the road leading from the top of the Blue ridge, down the Highwassee river, to the North Carolina line; the road to be laid off and worked, in their judgment, to the best interest of the citizens at large. Sec. 13. And be it further enacted by the authority aforesaid , That said Commissioners shall receive one dollar per day for each day they are engaged in conducting said work, not to exceed twenty days. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837.
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AN ACT to repeal an act passed December the twentieth, eighteen hundred and thirty-two, to exempt the citizens of Talbot county from working the Roads leading to Ferries on Flint River, for the distance of one half mile from the Landings of said Ferries. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the act passed on the twentieth day of December, eighteen hundred and thirty-two, entitled an act to exempt the citizens of Talbot county from working the roads leading to ferries on Flint river, for the distance of one half mile from the landings of said ferries, be, and the same is, hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. SLAVES AND FREE PERSONS OF COLOR. AN ACT to make penal the hiring of slaves their time without a written or verbal authority from the owner or persons having the right to control such slaves. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the first day of March next, if any person shall hire from any slave or slaves his time, without a verbal or written authority from the owner or persons having the right to control such slave or slaves, such persons so hiring shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not exceeding five hundred dollars, any law or usage to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837.
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AN ACT to amend an act passed 26th December, 1835, entitled an act more effectually to protect free persons of color, and to point out the mode of trying the right of freedom. Whereas, free persons of color are liable to be taken and held fraudulently and illegally, in a state of slavery, by wicked white men, and to be secretly removed whenever an effort may be made to redress their grievances, so that due enquiry cannot be had into the circumstances of the detention of the same, and their right of freedom, for remedy whereof, Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That it shall and may be lawful for any Justice of the Inferior Court of any county of this State, upon the complaint of any free white person upon oath, showing that he has good reason to believe, and does believe that any person or persons of color are free, and are fraudulently and illegally held in slavery, the said oath to be made in the county where the persons owning such slave may reside, to issue his warrant, directed to the Sheriff of said county, or any lawful Constable thereof, requiring the said Sheriff or Constable, as the case may be, to arrest the person or persons so holding such person or persons of color in slavery, as well also the persons of color, and cause the same to be brought before him, that due enquiry into all the circumstances of the case may be had, and and if upon such examination, the said Justice shall be satisfied that there is probable ground to believe that such person or persons of color are improperly and illegally held in such a state of slavery, it shall be his duty to require such person or persons so holding and illegally detaining such person or persons of color to enter into bond with two or more good and sufficient securities, payable to such person giving such information and filing such affidavit as the prochein ami of said persons of color, in a sum of double the amount of the value of said person or persons of color would be if they were slaves, conditioned, for the delivery of said person or persons of color, and a compliance with the final order and decree to be had in such cases, to be instituted agreeable to the provisions of the act for the freedom of the same, and further conditioned that said person or persons of color shall not be removed beyond the limits of said State, and on their failure to enter into such bond as aforesaid, it may and shall be lawful for the said Justice aforesaid to cause the said person or persons of color to be delivered to the person filing the said affidavit, on his giving bond with two or more good and sufficient securities payable to such person or persons holding said person or persons
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of color to the said pretended owner, as also for the payment of the value of their hire and use of the same: Provided , it should appear on the trial of the said suit; that such person or persons of color were slaves, and not illegally held in slavery, and also further conditioned not to remove or attempt to remove such person or persons of color from the limits of said county and State. Sec. 2. And be it further enacted by the authority aforesaid , That it shall be the duty of the said Justice of the Inferior Court before whom such complaint shall be made, and before whom such affidavit shall be filed, to require of the party making the same to enter into bond with one or more sufficient securities, in a sum not less than the reasonable value of the person or persons of color, for whose freedom he, she or they, is or are about to sue, payable to the person or persons charged with holding illegally such person or persons of color as aforesaid, conditioned to pay all damages that may be sustained by the owner of such person or persons of color in suing out of the same, as also all cost that may accrue thereon in the event it shall appear, on the trial of the same, that such person or persons of color are not entitled to their freedom, and are slaves. Sec. 3. And be it further enacted by the authority aforesaid , That it shall be the duty of the said Justice, before whom such affidavit is made and such examination is had, to reduce the same to writing and return the same, together with all the proceedings had thereon, twenty days before the sitting of the Court, to the Clerk of the Superior Court of the county wherein such examination was had, who shall docket the case or cases, stating the names of the parties, wherein the party filing said affidavit shall be plaintiff, and the persons charged as holding said person or persons of color illegally shall be defendants, and it shall be the duty of the prochien ami to file his petition to said Court stating the grounds upon which said negro claims his right to freedom, which shall contain the facts set forth in the said examination, which said issue shall stand for trial as all other actions or suits at common law: Provided , that the applicant may assume any new grounds at the time, by giving three months notice to the adverse party. Sec. 4. And be it further enacted by the authority aforesaid , That the Superior Court to which any case involving the right to freedom of any person of color shall be returned, shall cause the parties, according to the foregoing provisions of this act to make up said issue, and shall be tried by a jury as at common law trials in other cases, but either party being dissatisfied with the verdict, shall be permitted to enter an appeal by the payment of cost, without giving bond and security as in other cases.
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Sec. 5. And be it further enacted by the authority aforesaid , That should it appear upon the final trial of the case that the said person or persons of color were free, and entitled to their freedom, it shall be the duty of the said Court to order such person or persons of color to be set at liberty, and a guardian or guardians to be appointed as is now regulated by law. Sec. 6. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to amend an act entitled an act to establish a tribunal for the trial of Slaves within this State, passed 16th December, 1811; and also to amend an act entitled an act for the trial and punishment of Slaves and free persons of color, passed 19th December, 1816; and also, to amend an act entitled an act to amend an act passed on the 16th of December, 1811; and also, an act passed on the 19th of December, 1816, in relation to Slaves and free persons of colorthe first act passed on 22d of December, 1829. Section 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 if any Court held hereafter, within this State, for the trial of a slave or slaves, or free person or persons of color, the jury empannelled and sworn for such trial, shall, from any cause, fail to render a verdict, it shall and may be lawful for said Court to adjourn to a succeeding day, not exceeding thirty days from the day of adjournment, and at the time of its adjournment; and before it shall adjourn, said Court shall draw, agreeable to the provisions of the before recited act, not less than twenty-six, and not more than thirty-six jurors, who shall be summoned to attend said adjournment in the mode prescribed in the acts aforesaid; and the proceedings of said adjournment shall be in all respects the same as those pointed out in the before recited acts. Sec. 2. And be it further enacted by the authority aforesaid , That whenever a certiorari shall be granted agreeable to the provisions of the before mentioned act, passed on the 22d December, 1829, if sentence shall have been passed and a
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day fixed when the same shall be carried into effect by the Inferior Court before whom the slave or slaves, or free person or persons of color, were had and convicted; and if, after considering said certiorari, the Judge of the Superior Court before whom the same may be, shall be of the opinion that the sentence of the Inferior Court should not be altered or disturbed, he is hereby authorized and directed to order the execution of said sentence on some other day than that fixed by said Inferior Court shall have passed before the final hearing and discussion of said certiorari. Sec. 3. And be it further enacted by the authority aforesaid , That if the Judge of the Superior Court before whom any certiorari, as contemplated by the before recited act, passed on the 22d December, 1829, shall be argued and considered, shall, after considering the same, be of opinion that error has been committed in the Court before, and that a new trial should be had, he shall pass such order as may be necessary to effect this object; and the Inferior Court to whom said order may be directed shall obey the same; and whenever a new trial shall be ordered, said Inferior Court shall assemble on the day to be specified in said order, shall draw a jury, have them summoned in the manner prescribed by the before recited acts, and and in all cases of a new trial, the presenting shall in all cases be the same as those presented in the before mentioned acts. Sec. 4. And be it further enacted by the authority aforesaid , That in all cases where a sufficient number of the jurors summoned shall fail to attend, it shall be lawful for the Court to complete the requisite number by summoning talismen. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 30th December, 1837. STEAMBOAT COMPANIES. AN ACT to incorporate the Oconee and Atlantic Steamboat Company, and to define its privileges and liabilities. Section 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 Richard J. Nichols and George L. Deming, of the county
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of Baldwin and State of Georgia, with such persons as they may hereafter associate with them, as stockholders in the premises, be, and they are hereby, constituted a body corporate, by the name and style of the Oconee and Atlantic Steamboat Company, by which style and name they may hold, purchase, receive, retain, enjoy, sell and transfer real and personal property, may sue and be sued by the name aforesaid, plead and be impleaded, in any court of law or equity; may have and use a common seal; may make such bye-laws, rules and regulations as the company may deem necessary and proper: Provided , the same be not contrary to the constitution and laws of the State, or of the United States. Sec. 2. And be it further enacted by the authority aforesaid , That the capital stock of said company shall consist of one hundred shares, of one thousand dollars each, which shall be disposed of to such persons as the said Nichols Deming may select; certificates of stock to be issued by the proper officer, in such manner as may be provided by the bye-laws. Sec. 3. And be it further enacted by the authority aforesaid , 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 may deem fit, or as may be specified in the bill of lading; and the said Company may define, restrain and limit their liability as carriers: Provided , such restraints or limits be embodied in the receipt, or bill of lading. Sec. 4. And be it further enacted by the authority aforesaid , That the said company shall be authorized to insure against loss or damage by fire or by water, on such merchandize or produce as may be shipped by the boats, or water craft belonging to the persons hereby incorporated. Sec. 5. 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 whilst 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to incorporate the People's Steamboat Company of Macon. Section 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 E. Bliss, R. McCall, E. McCall, Jno. B. Lamar, David Flanders, with their associates, and all 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 People's Steamboat Company of Macon; 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 bye-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 this State, or of the United States. Sec. 2. And be it further enacted by the authority aforesaid , 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 proportions already fixed among themselves, and for which the proper officers of said Company shall issue certificates, in the manner to be provided by their bye-laws; and said Company may commence business, and enjoy the benefit of this act, when twenty-five per cent. of the capital stock shall have been paid in, and not before. Sec. 3. And be it further enacted by the authority aforesaid , 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 expedient: Provided , that the whole capital stock shall never exceed three hundred thousand dollars. Sec. 4. And be it further enacted by the authority aforesaid , 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 may deem fit, or as may be specified in the bills 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 bills of lading.
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Sec. 5. And be it further enacted by the authority aforesaid , 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 the 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 interest of the company. Sec. 6. And be it further enacted by the authority aforesaid , 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, 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. 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 insured while they are stockholders, in proportion to the amount held by them, and that the privileges granted by this act shall continue for and during the term of twenty years, and no longer. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. TAX. AN ACT to alter and amend the tax laws of this State, so far as relates to the county of Laurens. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the Justices of the Inferior Court of Laurens county are hereby authorized and empowered to levy an extra tax on all the taxable property in the county of Laurens, for county purposes: Provided , said extra tax shall not exceed the tax of last year more than two hundred per cent. per annum.
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Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against the same, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to authorize the Inferior Court of Lowndes county to levy an extra tax, for the support of the invalid poor of said county. Section 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 Inferior Court of Lowndes 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, for the support of the invalid poor of said county while living, and for their decent burial when dead. Sec. 2. And be it further enacted by the authority aforesaid , That the extra tax aforesaid shall be collected by the collectors of said county for the time being, they having given satisfactory obligation to the Inferior Court for the faithful performance 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 collecting. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to authorize the Justices of the Inferior Court of the county of Early to levy an extra tax, for the compensation of the Grand and Petit Jurors of said county. Section 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 the county of Early, be, and they, or a majority of them, are hereby authorized and empowered to levy an extra tax upon the taxable property of said county, to be applied to the compensation of the Grand and Petit Jurors thereof. Sec. 2. And be it further enacted by the authority aforesaid , That from and after the passage of this act, each Grand and Petit Juror, drawn or summoned as talisman, shall be entitled to the sum of one dollar per day, for every day on which they shall actually serve as a Grand or Petit Juror in either of the Courts of said county. Sec. 3. And be it further enacted by the authority aforesaid , That the certificate of the Clerk, setting forth the services of any individual as a Grand or Petit Juror, shall be a sufficient authority to authorize the Treasurer of said county to pay over the amount which may appear to be due upon such certificate, according to the provisions of this act, and he is hereby required to pay over said amount to the holders thereof: Provided , that nothing herein contained shall be so construed as to require the Treasurer of said county to pay out any money for the services of jurors as aforesaid, which shall not have been specifically raised and appropriated for that purpose. Sec. 4. And be it further enacted by the authority aforesaid , That all laws militating 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. GEORGE R. GILMER, Governor. Assented to, 23d December, 1837. AN ACT to impose, levy, and collect a tax for the political year one thousand eight hundred and thirty-eight, on property real and personal, and to inflict penalties for refusing or neglecting to comply with the provisions thereof, and to point out the disposition to be made of said tax. Section 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 act passed on the twenty-fourth day of December, eighteen hundred and thirty-three, for imposing, levying and collecting a tax for the political year 1834, together with all acts and parts of acts which said act revived and continued in force, shall be, and they are hereby revived and continued in force as the tax act for the political year eighteen hundred and thirty-eight, except the third and fifth sections thereof. Sec. 2. And be it further enacted by the authority aforesaid , That the whole of the tax to be levied and collected under the authority of this act, shall be paid over by the tax collectors to the Inferior Courts of the respective counties for county purposes; and it is hereby declared to be the duty of the Justices of the Peace in each Captain's District in this State to make returns to the receiver of tax returns of all persons liable to pay taxes, in their respective Districts, on or before the first day of May next, and in each and every year thereafter, any law or usage to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to amend an act entitled an act to assess a tax on all persons exhibiting of shows of the different descriptions, in the counties of Coweta and Merriwether, and Gwinnett, and Union in this State, and for other purposes therein named, passed on the 26th day of December, 1835. Section 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 provisions of the above recited act shall take effect and go into operation in each and every county in this State, and become a general law, any law, usage, or custom, to the contrary notwithstanding, except that when the exhibition takes place in any incorporated town or village, the tax shall go to the funds of such corporation. JOSEPH DAY, Speaker of the House of Representatives, BOBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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AN ACT to authorize the Justices of the Inferior Court of the county of Jefferson to impose and levy an extra tax, for the purposes therein mentioned. Section 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 the county of Jefferson, be, and they are hereby authorized to levy an extra tax for the years one thousand eight hundred and thirty-seven and eight, not to exceed fifty per centum on the general tax for said county, for the purpose of supporting the poor of said county, and for other county purposes; and said Court is hereby empowered to cause the collection of said tax for 1837, at any time within three months after the assessment of the same. Sec. 2. And be it further enacted by the authority aforesaid , That it shall be the duty of the Justices aforesaid to secure the collection of the said tax in the same manner as is provided by law for securing the collection of other county taxes, and that the collector of the said county be allowed the same per centage as is allowed by law on other taxes, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to authorize each county in this State to retain the general tax for the year one thousand eight hundred and thirty-seven and thirty-eight, to be applied by the Inferior Courts for county purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passing of this act, the Justices of the Inferior Courts of each county, be, and they are hereby authorized to retain the general tax of this State, for the years one thousand eight hundred and thirty-seven and thirty-eight for county purposes. Sec. 2. And be it further enacted by the authority aforesaid , That the tax collectors of each county of this State be authorized
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to pay over the money to the county Treasurers or Clerks of the Inferior Court. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 15th December, 1837. TOWNS. AN ACT to amend an act to incorporate the town of Brunswick, and to extend its jurisdictional limits, and for other purposes herein mentioned, passed December 29th, 1836; and, also, to enlarge and describe the boundaries of Brunswick, and incorporate the same; to authorize the Mayor and Council to elect and appoint certain officers, to confirm certain grants, and to repeal all laws appointing Commissioners for the Town and Commons of Brunswick. Section 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 limits and boundaries of the city of Brunswick, in the county of Glynn, shall be as follows, to wit: The northern boundary line shall begin at the intersection of a creek commonly called Dart's Narrows, or Cut, and the waters of Back River, and shall run thence due west to the main channel of Turtle River; thence, following the channel of said River past the Buzzard's Roost and Brandy Point, to Dennis' Folly; thence along the waters of St. Simon's Sound to the mouth of said Back River; and thence up said Back River to the place of beginning. Sec. 2. And be it further enacted by the authority aforesaid , That the Mayor and Council of the city of Brunswick, as soon as elected and qualified agreeably to the act passed December 29th, A. D. 1836, and their successors in office, forever, shall be, and they are hereby, declared to be a body corporate and politic; and they shall be styled and known by the name of the Mayor and Council of the city of Brunswick, and shall have a common seal, which they may at any time alter, and they shall be capable in law to purchase, or to acquire in any other legal manner, real and personal estate, and to hold or sell the same for the use and benefit of the city, as they may think proper; and by the same name to sue and be sued, plead
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and be impleaded, answer and be answered unto, in any court of law or equity; and the said Mayor and Council shall, from time to time, make and establish such bye-laws, ordinances and regulations as they shall deem necessary in said city, and they shall make, or cause to be made, under oath, in the month of March in each and every year, an equitable valuation of all property, real and personal, within the limits of the city, upon which they shall assess and levy an equitable tax for city purposes, to pay city officers, erect public buildings, and make improvements in said city; and in each and every case in which the said tax so assessed shall not be paid to the officer authorized by the Mayor and Council to receive the same, within eight weeks after the assessment has been made, the Mayor shall publish a notice, containing a description of the property taxed, the amount of the tax assessed upon it, and the name of the supposed owner; if known to the Mayor, requesting him to pay said tax within eight weeks from the date of said notice; which notice shall be published six weeks in the city of Brunswick, and in one newspaper printed in Savannah six weeks, and one newspaper printed in Milledgeville six weeks; and if said tax shall not be paid agreeably to the request in said notice, the Mayor shall advertise the property upon which the tax has been assessed, for sale, giving three months' notice of the time and place of sale, the amount of the tax for which the same is to be sold, and the name of the supposed owner, if known to the Mayor, together with a particular description of the property to be sold; which notice shall be published three months in the city of Brunswick, and the same length of time in one newspaper in the city of Savannah, and in one newspaper in the city of Milledgeville; and the said property shall be sold to the highest and best bidder, and the Mayor shall make a title to the purchaser for the same, to which he shall affix the city seal, and sign his name as Mayor of the city: Provided always , that the owner may, at any time before the sale, stop all further proceedings by paying said tax and all the expenses occasioned by its non-payment previous to that time; and provided also , that the owner of said property shall have the right and privilege to redeem the same within six months after the sale thereof, by paying said tax, together with all the expenses of the advertising and sale of the same, and ten per cent to the purchaser on the amount of the purchase money. After deducting the amount of the tax, and all the expenses of advertising and sale of the property from the amount for which the property sold, the balance shall be kept two years in the city treasury, subject to the order of the owner of the property, and shall be paid over to him by the treasurer, on his showing that the property was his before the expiration of two years from the day of sale, after
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which time the said balance shall be forfeited to the corporation, for the benefit of the city; and all grants from the State, for lands within the aforesaid limits of said city, are hereby declared to be good and valid; and the Mayor and Council shall have authority, and they are hereby required, to have erected for the use of the citizens of said city, such public buildings, and to have such improvements made in the streets of said city, as they shall deem necessary and proper; and the salary of the said Mayor shall be twelve hundred dollars a year, and he shall be President of the City Council, and it shall be his dnty to prepare bye-laws and ordinances for the city, to suppress all tippling houses, and to see that good order is kept in the city; and the said Mayor, at the time of executing the conveyance of, or title to, any property sold for taxes, shall make and subscribe thereon his oath or affirmation, that all the notices and advertisements required by this act, respecting the property thus conveyed, have been duly and regularly given, which oath or affirmation shall ever after be deemed and taken as conclusive evidence of these facts, in all the courts in this State. Sec. 3. And be it further enacted by the authority aforesaid , That the Mayor and four members of Council, or five members of Council, shall form a quorum to transact business, and the Mayor, or the President pro tem., shall have the casting vote, and a majority of votes shall determine all questions and elections before the Council; and the Mayor and each member of Council shall be, to all intents and purposes, a Justice of the Peace, and shall exercise the authority and jurisdiction, both civil and criminal, of a Justice of the Peace, during the time they are in office; and the expenditures by the Mayor and Council, and the compensation of the city officers, shall be paid out of the city funds, by an order drawn by the city clerk, upon the city treasurer, and countersigned by the Mayor, or in case of his absence, by the President pro tem. of the Council; and the city Treasurer shall give bond to the Mayor and Council for the faithful performance of his duties. Sec. 4. And be it further enacted by the authority aforesaid , That the Mayor and Council shall elect and license, on such terms as they think proper, a certain number of pilots, whose duties and compensation they shall prescribe, under such penalties as they may think proper: Provided always , that the said pilots shall not form or enter into any partnership, or be in company in any way, in the business of piloting, under a penalty of one thousand dollars, to be recovered by the Mayor and Council, by suit at law, as debts of that amount are now recoverable, for the use of the city, and also the forfeiture of their licenses. Sec. 5. And be it further enacted by the authority aforesaid ,
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That any person or persons wishing to lay out into lots, streets and squares, any ground within the limits of the city, shall have the same surveyed, and the streets plainly marked, and a plat thereof filed in the office of the city clerk; after which, all such streets and public squares shall become the property of, and be vested in, the said corporation. Sec. 6. And be it further enacted by the authority aforesaid , That all the streets and public squares, as at present laid out, within the limits of said city, shall be, and the same are, hereby declared to be vested, in fee simple, in the said corporation, for the use of the city; and the said Mayor and Council shall have power to make such changes and alterations in the streets and squares of said city as they shall deem proper, and also to open and make such new streets and alleys in said city as they shall think necessary; and any person thinking himself injured thereby, may institute a suit in the Superior Court of Glynn county, against the Mayor and Council, to recover damages for such injury, and if damages be awarded to said plaintiff, the same shall be paid out of the city funds. Sec. 7. And be it further enacted by the authority aforesaid , That the said Mayor and Council shall elect a health officer, who shall be a physician, whose duties and compensation they shall regulate and prescribe; and they shall also elect a street commissioner, a city clerk, a city treasurer, a city sheriff, and such other officers as they may deem necessary in said city, all of whose duties and compensation shall be regulated and prescribed by the said Mayor and Council, and they shall make all their elections and appointments (except to fill vacancies) on the first Monday in March in each year, and they shall have the power to remove any officer appointed by them at any time they may think proper. Sec. 8. And be it further enacted by the authority aforesaid , That the Brunswick and Florida Railroad Company shall have the privilege of constructing a Railroad through said city, or to any place therein: Provided , the said Company shall pay all damages they may do to private property, to be recovered in the mode pointed out in the charter of said Company. Sec. 9. And be it further enacted by the authority aforesaid , That the city clerk of said city shall keep a book of records, in which he shall enter all the bye-laws, ordinances, transactions, appointments, elections and proceedings of the Mayor and Council; and the said Mayor and Council, at their annual election in March, shall elect a harbor master and a clerk of the market, whose duties and compensation they shall prescribe. Sec. 10. And be it further enacted by the authority aforesaid , That the following acts, to wit: An act for appointing commissioners
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for ascertaining the boundaries of the towns and commons of Brunswick and Frederica, in the county of Glynn, passed February 21, A. D. 1796, and An act to alter and amend an act entitled an act for appointing commissioners for ascertaining the boundaries of the towns and commons of Brunswick and Frederica, in the county of Glynn, passed February the twenty-first, seventeen hundred and ninety-six, passed November 30th, 1826, and the second section of An act to reduce the width of Bay-street, in the town of Brunswick, from one hundred and eighty feet to one hundred and forty feet, and for other purposes in relation to said town, passed December 22, 1832, and all other laws and parts of laws appointing commissioners for the commons of Brunswick; and all laws contrary to or conflicting with this act, are hereby repealed, and all citizens of this State, who shall be residing in Brunswick on the first Monday in February, eighteen hundred and thirty-eight, shall be entitled to vote for members of the City Council, and shall be eligible to the office of Councilman of said city. No bye-laws or ordinances contemplated by this act, shall in any instance militate against the constitution and laws of this State, or the constitution of the United States. Sec. 11. And be it further enacted by the authority aforesaid , That no person residing within the limits of the city of Brunswick shall be liable to road tax or road duty out of said city. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1837. AN ACT to amend an act entitled an act to amend an act passed on the 31st of January, 1798, for the regulation of the town of Louisville, in the county of Jefferson, an act amendatory thereof, passed on the 19th December, 1817, the act where this act is amendatory having been passed on the 19th December, 1818. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall and may be lawful for the Chairman and Commissioners of the town of Louisville, to impose and collect an annual tax upon pleasure carriages owned and used by the citizens of said town, therein, under the
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same rules and regulations whereby other taxes are imposed and collected in said town, by authority of 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to incorporate the town of Florence, in the county of Stewart, and appoint Commissioners for the same. Section 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, Asaph R. Hill, Thos. Gardner, Asel P. Rood, Joseph M. Miller, and Benjamin Gardner, are hereby appointed Commissioners for the town of Florence, in the county of Stewart, and they, or a majority of them, and their successors in office, shall have power and authority to pass all bye-laws and ordinances which they, or a majority of them, may deem expedient and necessary for the well government and good order of said town: Provided , said bye-laws and regulations are not repugnant to the Constitution and laws of this State. Sec. 2. And be it further enacted by the authority aforesaid , That on the first Saturday in January, the year eighteen hundred and thirty-eight, and in each and every year thereafter, all free white male persons in the corporate limits of said town of Florence as hereafter prescribed and limited, who are entitled to vote for members to the State Legislature, shall assemble at the Commissioners' Room in said town, and by ballot, elect five Commissioners, who shall continue in office for one year, and until their successors are elected; at which election one or more magistrates shall preside, and in case of resignation, or removal, or death, of any of said Commissioners, the remaining Commissioners shall have power to fill such vacancy for the time being. Sec. 3. And be it further enacted by the authority aforesaid , That the corporate authority and jurisdiction of said Commissioners, shall include the whole of lot number ninety, and all of fractions, numbers eighty-nine and eighty-eight. Sec. 4. And be it further enacted by the authority aforesaid , That the said Commissioners shall levy and collect a tax for the support of said town.
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Sec. 5. And be it further enacted by the authority aforesaid , That the inhabitants of said town shall be free from road duty without the limits of said corporation. Sec. 6. 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. GEORGE R. GILMER, Governor. Assented to, 14th December, 1837. AN ACT to incorporate the town of Troupsville in the county of Lowndes. Section 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 Jonathan Knight, Sr. Jared Johnson, K. Jamison, Francis McCall, and William Smith, be, and they are hereby appointed Commissioners of the town of Troupsville, in Lowndes county, and they, or a majority of them, shall have full power to convene at any time after the passage of this act, and proceed to the appointment of a Clerk, and such other officers as they may deem necessary to carry this act into execution. Sec. 2. And be it further enacted by the authority aforesaid , That the said Commissioners, or a majority of them, shall have full power and authority to pass all bye-laws and regulations which may be deemed necessary for the improvement and repairing the streets and internal police of said town: Provided nevertheless , that such bye-laws be not repugnant to the Constitution of the United States, and the Constitution and laws of this State. Sec. 3. And be it further enacted by the authority aforesaid , That the said Commissioners and their successors in office, shall have corporate jurisdiction to the extent of the corporate limits, and that the said Commissioners shall continue in office until the second Monday in January, 1838, on which day, and on the second Monday in every subsequent year thereof, the citizens in the town of Troupsville entitled to vote for members of the General Assembly shall choose by ballot, five persons to succeed them as Commissioners of said town, and they are hereby vested with full power and authority to make such bye-laws and regulations, and to inflict such pains, penalties and
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forfeitures, and do all other incorporate acts as in their judgement may seem most conducive to the good order and government of said town: and provided also , no poll tax shall exceed one dollar in any one year, and that the punishment of slaves shall not extend to the affecting of life, limb, or member. Sec. 4. And be it further enacted by the authority aforesaid , That any two Justices of the Peace or Justices of the Inferior Court for the county of Lowndes, not being candidates themselves, are hereby authorized and required to preside at such election for Commissioners as aforesaid: Provided , that nothing herein contained shall be construed so as to prevent the reelection of any Commissioner pursuant to this act. Sec. 5. And be it further enacted by the authority aforesaid , That should there be no election held on the day pointed out by this act for that course, it shall not be void, but an election may be held on any other day within three months, a Justice of the Peace or a Justice of the Inferior Court first advertising in said town, ten days previous to said election. Sec. 6. And be it further enacted by the authority aforesaid , That the said Commissioners have the power to extend the corporation laws over all the lots laid off in the plan of said town of Troupsville, for county purposes. Sec. 7. 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. GEORGE R. GILMER, Governor. Assented to, 14th December, 1837. AN ACT to incorporate the town of Whitesville, in the county of Harris, and appoint Commissioners for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That John Davenport, James W. Cato, Wiley White, James A. Wootten, and Thomas Saddler, be, and they are hereby appointed Commissioners of the town of Whitesville, in the county of Harris, with power and authority to make such bye-laws for the government and good order of said town as may be necessary: Provided , such bye-laws are not repugnant to the Constitution of this State or of the United States.
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Sec. 2. And be it further enacted by the authority aforesaid , That the said town of Whitesville be, and the same is hereby incorporated, and that the limits of said incorporation extend from the centre of said town to the distance of five hundred yards in every direction. Sec. 3. And be it further enacted by the authority aforesaid , That the said Commissioners and their successors in office, so appointed by this act be a body politic, for the purposes set forth in this act, and that they have power to fill all such vacancies as may occur in their said body, between the periods of their appointments, and the regular terms of the elections for Commissioners, as pointed out in this act. Sec. 4. And be it further enacted by the authority aforesaid , That the Commissioners herein named and appointed, hold their offices until the first Saturday in February, 1839, when an election shall be held in said town, at such place as may, by said Commissioners, be pointed out, and regulated by such laws as they may think advisable, and be from year to year as long as said corporation may be in existence. JOSEPH DAY, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837. AN ACT to alter and amend an act passed 12th December, 1816, to incorporate the village of Appling, in the county of Columbia, and appoint Commissioners for the same. Section 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 Gabriel Jones, William S. Jones, Nathaniel Bailey, and Curtis H. Shockley, be, and they are hereby appointed Commissioners for the village of Appling, in the county of Columbia, and they, or a majority of them, shall immediately after the passage of this act convene at the said village of Appling, and proceed to the appointment of a Clerk and such officers as they may deem necessary to carry this act into effect. Sec. 2. And be it further enacted by the authority aforesaid , That the said Commissioners shall hold their respective appointments until the first Saturday in January, 1839, at which time, and every subsequent year thereafter, the citizens of the
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village of Appling, entitled to vote for members of the General Assembly, shall choose by ballot four persons to succeed them as Commissioners of said village, and they shall have full power and authority to make all bye-laws and regulations, and inflict and impose such penalties and forfeitures, and do all other acts as in their judgment shall be most conducive to the good order and government of the said village of Appling: Provided , such bye-laws and regulations be not repugnant to the Constitution and laws of this State. Sec. 3. And be it further enacted by the authority aforesaid , That the limits or extent of the corporation of the said village shall extend three hundred yards north, the same distance south-east, and west from the Court House in said village. Sec. 4. And be it further enacted by the authority aforesaid , That two Justices of the Peace for said county are hereby authorized and required to preside at such election for such Commissioners aforesaid, and nothing in this act shall be so construed as to prevent the re-election of any Commissioners pursuant to this act. Sec. 5. And be it further enacted by the authority aforesaid , That should there be no election on the day pointed out by this act, nothing herein shall be so construed as to prevent an election by giving ten days notice thereof. Sec. 6. And be it further enacted by the authority aforesaid , That if any vacancy should occur by death, resignation, or otherwise, of the said Commissioners, the said Commissioners shall have the power to fill such vacancy. Sec. 18. 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. GEORGE R. GILMER, Governor. Assented to, 25th December, 1837.
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RESOLUTIONS WHICH ORIGINATED IN SENATE. IN SENATE. Resolved , That both branches of the General Assembly convene in the Representative Chamber to-morrow at three o'clock, P. M. for the purpose of electing a Senator to Congress to supply the vacancy occasioned by the resignation of the Hon. John P. King. In Senate, agreed to, November 21st, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, Nov. 20, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. GEORGE R. GILMER, Governor. Approved, IN SENATE. Resolved , That the Secretary of State and Surveyor General, be, and they are hereby authorized to employ a sufficiency of Clerks to carry on the business of their respective offices
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during the present session, not exceeding four additional Clerks to each office. In Senate, agreed to, November 25th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, Nov. 25th, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. GEORGE R. GILMER, Governor. Approved, IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That his Excellency the Governor be requested to despatch forthwith a special agent to negotiate in behalf of this State, with the Legislature of the State of Tennessee, now in session, for the purpose of obtaining an act from them, authorising the extension of our State Road from the Georgia line through the Territory of Tennessee, to the Tennessee river. In Senate, agreed to, Nov. 23d, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, Nov. 28th, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. GEORGE R. GILMER, Governor. Approved, Nov. 30th, 1837. IN SENATE. Resolved , That the Treasurer and Comptroller General be
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authorized to employ one additional Clerk each, during the session of the Legislature. In Senate, agreed to, Nov. 28th 1837. ROBERT M. ECHOLS, President of the Senate. Attest John T. Lamar, Secretary. In the House of Representatives , Concurred in, Nov. 30th, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. GEORGE R. GILMER, Governor. Approved, IN SENATE. Whereas, the State of Georgia has sent a special agent to the State of Tennessee, to procure, if possible, from that State, permission for Georgia to extend the contemplated Western and Atlantic Rail Road of the State of Georgia, from the Georgia line to the Tennessee river, and to ask the State of Tennesse to secure to said Rail Road the usual privileges and protections: and whereas, it is proper that Georgia express a readiness to grant to the State of Tennessee, or its citizens, similar advantages and protection to any similar work that any company incorporated by Tennessee, or the State itself, may desire to extend into the State of Georgia, to join to or connect with the said Western and Atlantic Rail Road of the State of Georgia. Be it therefore resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That if the State of Tennessee shall grant to Georgia the privilege of constructing a Rail Road from the Georgia line to the Tennessee river, to be known as the Western and Atlantic Rail Road of the State of Georgia, and shall secure by law to said Rail Road the usual privileges and protection, the State of Georgia will grant and secure to the State of Tennessee, or to any company incorporated by said State, the right of constructing a Rail Road the same distance within the State of Georgia, with similar privileges and protection, for the purpose of uniting with the said Western and Atlantic Rail Road of the State of Georgia, whenever application shall be made for that purpose. Resolved , That his Excellency the Governor, be, and he is hereby requested to forward to the Governor of the State of
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Tennessee, and to the said agent one hundred copies of Col. Long's Report, for the use of the members of the Legislature of the State of Tennessee. In Senate, agreed to, Dec. 4th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, Dec. 6th, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. GEORGE R. GILMER, Governor. Approved Dec. 7th, 1837. IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That the sole Trustee of the Academy and Poor School Fund in the county of Wayne is hereby required, and it shall be his duty to rent or lease out to the best advantage, the building in said county built for Academic purposes: Provided , said house is not occupied by a School provided for by an act of the General Assembly, passed the 9th December, 1834. It is further resolved , That the said Trustee, in all cases of rent, shall place the amount of said rent in his annual report to the Executive and Senatus Academicus, which amount shall be added to, and become a part of the Poor School Fund in said county. It is further resolved , That the said Trustees shall not rent said House for more than twelve months at the same time. In Senate, agreed to, Nov. 25th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives. Concurred in, Dec. 22d, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. GEORGE R. GILMER, Governor. Approved, Dec. 23d, 1837.
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IN SENATE. Whereas, during the session of the Legislature sufficient time is not afforded for an examination of the Central Bank. Be it therefore resolved , That a committee be appointed annually hereafter, by the Legislature, whose duty it shall be, to meet at least one month before the session of the Legislature, and examine into, and report upon, the condition of the Bank, to the Legislature. And be it further resolved , That Anthony Porter, George R. Clayton, and William A. Dunham, be appointed the committee for the year 1838, to make an examination of said institution. In the event of a vacancy occurring, by resignation, refusal to serve, or otherwise, said vacancy to be filled by his Excellency the Governor. In Senate, agreed to, Dec. 25th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. In the House of Representatives , Concurred in, Dec. 25th, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. GEORGE R. GILMER, Governor. Approved, Dec. 30th, 1837.
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RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES. HOUSE OF REPRESENTATIVES. Whereas, the establishment of Militia Districts has recently taken place in the county of Union, which Districts are destitute of the necessary Law Books, wherefore, 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 Governor be, and he is hereby required to furnish said county of Union with five copies of the New Georgia Justice, and five copies of Prince's Digest furnished when the acts of the present Legislature shall be distributed. In the House of Representativss, agreed to, Nov. 29th, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. In Senate, concurred in, Dec. 11th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, Dec. 14th, 1837. HOUSE OF REPRESENTATIVES. The committee of Finance, to whom was referred the letter of Washington Poe, Esq. on the subject relative to the new edition of Prince's Digest, have had the same under consideration. They find by reference to a resolution passed at the last Legislature, that his Excellency the Governor was athorized
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to receive for public use, at a price not exceeding five dollars per volume, a sufficient number of copies to furnish to each of the civil officers of this State, which your committee find, on estimate, to amount to two thousand six hundred and ninety; they also find that the resolution referred to recommends the further number of eight hundred copies for further distribution, making in the aggregate three thousand four hundred and ninety copies. They also find, by reference to the late Governor's communication, that five thousand dollars have been advanced in part payment for the same. Your committee, therefore, beg leave to offer the following resolution: Resolved , That his Excellency the Governor be authorized to receive from the Administrators of the late O. H. Prince, Esq. the number of copies above specified, and that he pay the amount of twelve thousand four hundred and fifty dollars, which appears to be the balance due, out of any money in the Treasury not otherwise appropriated, and that the same be placed in the appropriation bill. In the House of Representatives, agreed to, Dec. 6th, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. In Senate, concurred in, Dec. 11th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, Dec. 14th, 1837. HOUSE OF REPRESENTATIVES. Resolved , That as it appears illegal returns are too frequently made of important elections, which may occasion much contention and evil consequences, that his Excellency the Governor be requested to cause printed copies of blank returns to be transmitted to the Clerk of the Superior Court in each county, one copy to embrace the general elections in October, and another to embrace the county elections in January; and it is hereby made the business of the said Clerk to assist the presiding Magistrates in filling up the said returns, and execute them in a legal manner; and his Excellency is
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hereby authorized to pay for the printing of said blank returns out of the contingent fund. In the House of Representatives, agreed to, Nov. 23d, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. In Senate, concurred in, Dec. 11th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, Dec. 14th, 1837. HOUSE OF REPRESENTATIVES. Whereas, since the distribution of Law Books in Lumpkin county, five new Captain's Districts have been laid off in said county, which are destitute of Law Books. Therefore, be it resolved by the Senate and House of Representatives , That the Governor be requested to forward with the Laws and Journals of the present session, five copies of Prince's Digest, and five copies of the New Georgia Justice, for the use of said Districts. In the House of Representatives, agreed to, Nov. 23d, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. In Senate, concurred in, Dec. 11th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, Dec. 14th, 1837. HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly convene in the Representative Hall, on Wednesday next, at 7 o'clock, P. M. to elect a Public Printer, in pursuance of an act of the General Assembly, assented to 23d December, 1836, four Directors on the part of the State for the Bank of the State of Georgia, seven Directors on the part of the State for
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the Bank of Darien, and two Directors for the Planter's Bank. In the House of Representatives, agreed to, Dec. 14th, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. In Senate, concurred in, Dec. 16th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, December 18th, 1837. HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly convene in the Representative Hall half after 12 o'clock this day, for the purpose of electing a Judge of the Superior Courts of the Chattahoochee Circuit, to fill the vacancy occasioned by the resignation of the Hon. Alfred Iverson, resigned. In the House of Representatives, agreed to, 22d Dec. 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. In Senate, concurred in, Dec. 22d, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, Dec. 22d, 1837. HOUSE OF REPRESENTATIVES. The committee, to whom was referred the communication of the Surveyor General, in relation to the recording certain plats therein mentioned, and the making out new maps for certain Districts, also mentioned in said communication, beg leave to make the following report: They have examined the situation of the plats and maps alluded to, and find them to be in a bad condition, and that the work is much required to be done. They believe the work can be completed in the next year by the aid of one additional
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competent Clerk in that office. They 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 eight hundred dollars be paid out of the contingent fund, for the purpose of enabling the Surveyor General to employ an additional Clerk to do said work, and that the same be done under the supervision of the Surveyor General. In the House of Representatives, agreed to, Dec. 20th, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. In Senate, concurred in, Dec. 25th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, Dec. 26th, 1837. HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly meet in the Representative Hall, on Saturday instant, at five o'clock, P. M. to elect three Rail Road Commissioners for the State of Georgia. In the House of Representatives, agreed to, Dec. 22d, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. In Senate, concurred in, Dec. 23d, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, Dec. 23d, 1837. HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly convene in the Representative Chamber, on Friday next at eleven o'clock, A. M. for the purpose of electing a Judge of the Superior Courts for the Eastern Circuit; also, a Judge of the Superior Courts of the Middle Circuit; also, a Judge of
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the Superior Courts of the Northern Circuit; also, a Judge of the Superior Courts of the Western Circuit; also, a Judge of the Superior Courts for the Ocmulgee Circuit; also, a Judge of the Superior Courts for the Southern Circuit; also, a Judge of the Superior Courts for the Flint Circuit. In the House of Representatives, agreed to, Nov. 9th, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. In Senate, concurred in, Nov. 9th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, HOUSE OF REPRESENTATIVES. Resolved , That Augustus H. Kenan be appointed to join such committee that has already been appointed to superintend the erection of a Government House, for the use of the Governor, in Milledgeville, and other buildings, in the place of the late David B. Mitchell, Esq. deceased. In the House of Representatives, agreed to, Nov. 8th, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. In Senate, concurred in, Nov. 10th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly convene in the Representative Chamber on Saturday next, at eleven o'clock, for the purpose of proceeding to the election of one Major General and five Brigadier Generals, to wit: a Major General of the 12th Division; a Brigadier General of the 1st Brigade, 4th Division; a Brigadier General of the 2d Brigade, 4th Division; a Brigadier General of the 1st Brigade,
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6th Division; a Brigadier General of the 2d Brigade, 9th Division; Brigadier General of the 2d Brigade, 3d Division. In the House of Representatives, agreed to, Nov. 13th, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. In Senate, concurred in, Nov. 17th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, HOUSE OF REPRESENTATIVES. Resolved , That his Excellency the Governor is hereby authorized and requested to transmit to the county of Liberty, with the Laws and Journals of the present session of the Legislature, eight copies of Prince's New Digest, eight copies of Greene and Lumpkin's Georgia Justice, for the use of the officers of said county. In the House of Representatives, agreed to, 23d Nov. 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. In Senate, concurred in, Nov. 28th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, HOUSE OF REPRESENTATIVES. Whereas, the county of Rabun is bounding on that of the State of North Carolina, which is now occupied by the Cherokee Indians, and also bounding on a part of Union county, which is also inhabited by said Indians, and as the time for their removal, agreeable to the articles of the Treaty, is drawing near, it is generally thought that they may commit some depredations or murders on some white persons in the adjoining county, and the citizens of Rabun county being in the most part in indigent circumstances and destitute of fire arms,
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and being unable to supply themselves, and as peace is the time to prepare for war, and self protection is the first law of nature, For remedy whereof, be, and it is hereby resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That his Excellency the Governor, be, and he is hereby authorized to draw his order on the Military Store-keeper in Milledgeville, to deliver to such persons as may be appointed by the Justices of the Inferior Court of Rabun county, for fifty stand of arms, by such person giving bond with good security, to be judged of by said Court, made payable to his Excellency the Governor, to keep the same in good order, and to deliver the same to the Keeper of said Arsenal after the said Cherokee Indians shall be removed from the State. And be it further resolved , That the expense of conveying said arms to the town of Clayton, and conveying them back to Milledgeville, shall be paid for, out of the county fund of Rabun county. In the House of Representatives, agreed to, Nov. 23d, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. In Senate, concurred in, Dec. 11th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, Dec. 14th, 1837. HOUSE OF REPRESENTATIVES. The Joint Committee on the State of the Republic, to whom was referred so much of the Governor's Message as relates to his correspondence with the Governor of Maine, which correspondence was occasioned by the secret and felonious abduction from the city of Savannah, of a negro slave named Atticus, the property of James and Henry Sagurs, by Daniel Philbrook and Edward Kelleran, citizens of the State of Maine, and fugitives from justice, together with the accompanying documents, to wit: the affidavit of James Sagurs, one of the owners of said slave; the warrant of the magistrate, and the return of the officer thereon; the consequent demand of the Executive of Georgia upon the Executive of Maine, for the delivery of said fugitives to the agent of the State of Georgia, in order that they might
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be made amenable to the violated laws of the State, and the refusal of the Governor of Maine to comply with said demand, Report: That said Committee have fully viewed all the circumstances attending said demand and refusal; that, in the opinion of said Committee, the Governor of Maine has signally failed to show any good and sufficient cause to justify him in refusing to comply with the just and reasonable demand of the Executive of Georgia; but that, on the contrary, the reply of the Governor of Georgia to the letter of refusal of the Governor of Maine, contains argumentsunanswerable argumentswhich should at once have caused that officer, if at all disposed to comply with the requisitions of the constitution of the United States, by performing the sacred duties which it imposed upon him, or to preserve that courtesy which should ever subsist between the sister States of this Union, upon any and every subject, however trifling it might be in its nature, but more particularly upon questions of such grave import as the one now under consideration, to have caused said fugitives to be arrested, and the necessary notice of such arrest given to the Governor of Georgia, so that they might be made to answer the charges preferred against them; and if innocent, to vindicate their innocenceif guilty, to endure the just punishment of their crimes. The refusal of Governor Dunlap, occurring at a period when the minds of the people of the South are justly excited, and their feelings most wantonly outraged, by the machinations of cartain fanatics of the North, who seem determined, in defiance of sound policy and the dictates of honest patriotism, and of every principle of natural and constitutional law, to keep up an excitement in relation to a certain species of property, with which no interference from any quarter whatsoever will be permitteda property guarantied to them by the constitution of the United States, and without which guarantee this Union never would have been formed, appears, in the opinion of your Committee, if not like a disposition on the part of the Governor of the State of Maine to foster and encourage said fanatics in their unholy crusade against southern rights, and which, if persisted in, must inevitably lead to a speedy dissolution of the Union, at least like an inclination to wink at their proceedings, by screening their miserable agents, who alone carry their doctrines into practical effect, by wanton depredations upon our property, from the justice of our laws. The reasoning of his Excell ncy of Maine, in his letter of refusal to the demand of the Governor of Georgia, is, in the opinion of your Committee, entirely fallacious, and evasive of the true question at issue. The affidavit of the owner of the stolen slave, directly charges that the fugitives did, on or
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about the fourth day of May, eighteen hundred and thirty-seven, feloniously enveigle, steal, take and carry away , a negro slave; with having, after the commission of said felony, fled from the State; and that they were believed at the time to be within the limits of the State of Maine. Is it for one moment to be presumed that the Governor of the State of Maine was not aware that larceny is made, by the laws of every State in the Union, felony; unless, indeed, it may not so be by those of Maine? That State, indeed, may have, in tender mercy to thieves and incendiaries, declared it otherwise; but this your Committee does not, and cannot believe. Whether, however, felony or not, by the laws of Maine, is it not a crime? It is so declared by the penal code of the State of Georgia, which fact was communicated to the Governor of Maine, by the Governor of Georgia. Has, then, the Governor of Maine done that which not only common courtesy, but justice, policy, patriotism and imperative duty, required him to perform? Has he complied with the stern requisitions of the constitution of the United States, which he was sworn to support and defend? No! but he has disregarded and violated all. The act of Congress, passed February 12th, 1793, respecting fugitives from justice, and persons escaping from the services of their mastersan act passed in furtherance of the second section of the fourth article of the constitution, which says, a person charged in any State with treason, felony , or other crime , who shall flee from justice, and be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crimeexpressly and peremptorily declares, that whenever the Executive authority of any State in the Union, or of either of the Territories northwest or south of the river Ohio, shall demand any person as a fugitive from justice , of the Executive authority of any such State or Territory, to which such person shall have fled, and shall moreover produce the copy of an indictment found, or an affidavit made before a magistrate of any State or Territory, as aforesaid, charging the person so demanded with having committed treason, felony, or other crime , certified as authentic by the Governor or Chief Magistrate of the State or Territory from whence the person so charged fled, it shall be the duty of the Executive authority of the State or Territory to which such person shall have fled, to cause him or her to be arrested and secured, and notice of the arrest to be given to the Executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent, when he shall appear; and further provides, that if no such agent shall appear within six months from the time of such arrest, the prisoner may be discharged, c.
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Now, by referring to documents hereunto annexed, it will appear that every requisition of the above recited act was strictly complied with by the Executive of Georgia. But the Governor of Maine, in his anxious desire to find an excuse for not doing his duty, says, so far as he has received any information relative to Philbrook and Kelleran, their visit to Georgia was in the course of their ordinary business as mariners; their vessel being at the South, they navigated it homeward by the usual route, and in the usual time; they had stated homes, to which they openly returned; at those homes they took up their residence, and conducted their affairs there without concealment, and in all respects conformably to the usage of innocent and unsuspecting citizens. Whether such a course of conduct is to be considered a fleeing from justice, within the meaning of the act of Congress, and whether men so conducting, are to be viewed as fugitives, may present a question of some importance, which he does not deem it necessary for him to decide. Truly, a most wise conclusion! But the Governor of Maine seems to claim it as a matter of right, for him to depend upon information which he received, for refusing to deliver the fugitivesinformation, perhaps falseagainst a positive oath! Surely, then, your Committee, speaking in behalf of the people of Georgia, if not of the entire South, may be permitted, also, to rely upon information which they have received, for reasons (independent of those already given,) why they should have been delivered. The vessel of the fugitives left, it appears, the port of Savannah in the usual manner; she pursued the usual trackthat of the broad ocean (the only one she could possibly pursue)to reach her port of destination; she arrived in the usual time; and, as the Governor of Maine would have us believe , they took up their residences at their usual homes . On the other hand, your Committee is informed upon good authority, that when the owner, who went in pursuit of the stolen slave, arrived at the port to which the fugitives fledto wit: their homes they themselves could not be found, although their vessel was lying in the port. The slave they did find, concealed in a barn; and, that when the party who arrested him, were about leaving with the recovered property, they were pelted by the populace, and the owner with difficulty escaped from the fury of the mob. But it is unnecessary to dilate further. All the facts of the case show conclusively, that the Governor of Maine, if not disposed at the time of the demand to comply with it for want of information, that he should have done so on the reception of Governor Schley's second letter. To that letter, no reply, so far as your Committee is informed, has ever been received. Compelled, therefore, from all these circumstances, to believe
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that the constituted authorities of Maine do not mean to comply with the laws and constitution of the country, but in total disregard of both; to treat with contempt the just demands of Georgia, all that remains for your Committee to perform, is to suggest the remedy. This is indeed a delicate and difficult task. We cannot close our ports against the vessels of Maine. We cannot declare a non-intercourse with her citizens. Either course would be clearly unconstitutional. To seize upon the persons of her citizens as hostages, or to levy upon their property found in our State, by way of reprisal, would also be unconstitutional; but if not, it would be unjust, because it would be punishing the innocent for the guilty. What, then, ought to be done? Resort to the ultima ratio? This, in the language of Governor Schley, cannot be resorted to, without a violation of the federal compact; and long, long may it be before the States of this Union shall be involved in civil conflict. But knowing that this dreadful alternative must inevitably be ultimately resorted to, as a matter of self-defence by the people of the South, in case the unhallowed example of the Governor of Maine be followed by the authorities of the other States of the North, and willing to prove to the world by our forbearance, our reverence for the constitutiona forbearance which it is hoped will hereafter ensure us justiceyour Committee, although strongly disposed to recommend the passage of a law imposing a quarantine upon all vessels coming into our waters from the State of Maine, in consequence of viewing the doctrine of abolition as a moral and political pestilence, which, if not checked, will spread devastation and ruin over the land at this time, simply recommend the adoption of the following resolutions: Be it therefore unanimously Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That the refusal, on the part of the Governor of the State of Maine, to deliver up, or cause to be delivered up, upon the demand of the Governor of this State, Daniel Philbrook and Edward Kelleran, who stand charged with the commission of a crime against the laws of this State, and have fled therefrom, is not only dangerous to the rights of the people of Georgia, but clearly and directly in violation of the plain letter of the constitution of the United States , which is in the following words, to wit: A person charged in any State with treason, felony , or other crime , who shall flee from justice, and be found in another State, shall, on the demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. Be it further unanimously resolved , That the State of Georgia, and each of the other members of this confederacy, by the adoption of the federal constitution, became a party thereto no
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less for the better protection of her own , than the common rights and interests of all; and when these ends cease to be attained, by the faithlessness of any to the constitutional engagement , she is no longer bound by any obligations to the common compact; and it then becomes not only her right, but her duty , paramount to all others , to seek and provide protection for her own people, in her own way . And be it further unanimously resolved , That so soon as a bill of indictment shall be found true, in the Superior Court of Chatham county, against the said Daniel Philbrook and Edward Kelleran, for the offence aforesaid, the Executive of Georgia be requested to make, upon the Executive of Maine, a second demand for the persons of the said fugitives, predicated upon said bill of indictment, and accompanied by such evidence as is contemplated by the act of Congress, in such cases made and provided. And be it further unanimously resolved , That should the Executive of Maine refuse to comply with such second demand, the Executive of Georgia be requested to transmit a copy of these resolutions to the Executive of each State in the Union, to be presented to their several Legislatures, and also a copy to the President of the United States, and to our Senators and Representatives in Congress, to be laid before that body. And should the Legislature of Maine, at its next session after the said resolutions shall have been forwarded to the Executive of that State, neglect to redress the grievance hereinbefore set forth, it shall be the duty of the Executive of Georgia to announce the same by Proclamation, and call upon the people of the several counties, on a day, in said Proclamation to be named, to elect, under like regulations and restrictions as in the election of members to the Legislature, a number of delegates, equal to the number of Senators and Representatives to which they may be entitled in the General Assembly, to meet in Convention at the seat of Government, on a day to be fixed in said Proclamation, to take into consideration the state of the Commonwealth of Georgia, and to devise the course of her future policy, and provide all necessary safeguards, for the protection of the rights of her people. In the House of Representatives, agreed to, Dec. 22d, 1837. JOSEPH DAY, Speaker of the House of Representatives, AttestJoseph Sturgis, Clerk. In Senate, concurred in, Dec. 25th, 1837. ROBERT M. ECHOLS, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, Dec. 25th, 1837.
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APPENDIX. TREASURER'S REPORT. TREASURY DEPARTMENT, GEORGIA, [UNK] Milledgeville, 12th November, 1837 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, 1836, to the 31st day of October, 1837, both days inclusive. Respectfully submitted, by T. HAYNES, Treasurer. A Statement of Receipts and Payments at the Treasury of the State of Georgia, from the first day of November, 1836, to the 31st October, 1837, both days inclusive . DR. For amount received from the first day of November, 1836, to the 31st day of October, 1837, both days inclusive, and placed to the credit of the following accounts: General Tax of 1834, $240 33 General Tax of 1828, 5 00 Dividend on Bank Stock, 115,249 00 Tax on Bank Stock, 8,169 17 State Stock, 306, 424 06 Vendue Tax, 2,330 03 Sale of Fraudulent Lots, 1,827 23 Sale of Reverted Lots in Muscogee, c. 253 12 Sale of Macon lots and reserves, 385 20 Free School and Education Fund, 2,000 00 Funds raised by Grant Fees on Gold Lots, 12,259 00 Funds raised by Grant Fees on Cherokee Land Lots, 12,115 00 Funds raised by Grant Fees on Lottery of 1827, 9,090 00 Funds raised by Grant Fees on Lottery of 1821, 1,905 00 Funds raised by Grant Fees on Lottery of 1820, 5,835 00 Funds raised by Grant Fees on Head Rights, 1,959 00 Funds raised by Grant Fees on Gold Fractions, 218 00 Funds raised by Grant Fees on Cherokee Land Fractions, 115 50 Funds raised by Grant Fees on Fractions of 1827, 207 00 Funds raised by Grant Fees on Fractions of 1822, 270 00 Funds raised by Grant Fees on Columbus Lots, 198 00 Funds raised by Grant Fees on Macon Lots and Reserves, 76 50 Funds raised by Grant Fees on Fraudulent Lots, 24 00 Funds raised by Grant Fees on Lots 10 and 100, 12 00 Funds raised by Grant Fees on Lots sold in Appling, now Ware, 112 50 Funds raised by Grant Fees on Reverted Lots in Muscogee, c. 9 00 Funds raised by Fees on Testimonials, 135 00 Funds raised by Fees on Copy Grants, 220 50 $481,644 14 Balance in the Treasury on the 31st Oct. 1836, 25,995 48 Total, $507,639, 62 CR. By amount of Governor's Warrants, and President's and Speaker's Warrants, paid, from the first day of November, 1836, to the 31st day of October, 1837, both days inclusive: Civil Establishment of 1837, $28,395 13 Civil Establishment of 1836, 10,360 00 Amount carried over, $38,755 13 Amount brought forward, $38,755 13 Contingent Fund of 1837, 18,200 11 Contingent Fund of 1836, 17 22 Contingent Fund of 1834, 325 00 Contingent Fund of 1833, 343 75 Special Appropriation of 1837, 247,816 78 Special Appropriation of 1836, 7,152 67 Special Appropriation of 1835, 768 50 Printing Fund of 1837, 16,729 96 Printing Fund of 1836, 1,312 94 Military Fund of 1836'7, 4,834 68 Appropriation County Academies, 22,823 88 Poor School Fund, 17,711 32 Free School and Education Fund, 2,000 00 President's and Speaker's Warrants, 85,329 80 $464,121 74 To meet which there is in the Treasury Bank Stock, $10,000 00 Paper, medium, 2,787 73 Bills on the Bank of Macon, 1,122 00 Counterfeit Money, 31 00 Funds received during the political year 1837, 29,577 15 43,517 88 $43,517 88 Total, $507,639 62 Respectfully submitted by, T. HAYNES, Treasurer.
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COMPTROLLER'S REPORT. COMPTROLLER GENERAL'S OFFICE, [UNK] Milledgeville, Georgia, November 7, 1837. I have the honor, herewith, to present to the Senate a statement of the receipts and disbursement at the Treasury, during the political year 1837, which is most respectfully submitted. JOHN G. PARK, Comptroller General. Thomas Haynes, Esq. Treasurer, in account with the State of Georgia, for Receipts and Disbursements at the Treasury, during the political year 1837, viz: from the first day of November, 1836, to the thirty-first day of October, 1837. DR. For amounts received on the following accounts, to wit: Balance remaining in the Treasury, 31st October, 1836, $2,889 10 For General Tax of 1834, 240 33 For General Tax of 1828, 5 00 For tax on Bank Stock, 8,169 17 For Vendue Tax, 2,330 03 For Dividend on Bank Stock, 115,249 00 For State Stock, 306,424 06 For Sale of Lots fraudulently drawn, 1,827 23 For Sale of Reverted Lots in Muscogee, c., 253 12 For Sale of Lots and Reserves at Macon, 385 20 For Free School and Education Fund, 2,000 00 For Fees on Grants, land drawn in 1820, 5,835 00 For Fees on Grants, land drawn in 1821, 1,905 00 For Fees on Grants, land drawn in 1827, 9,090 00 For Fees on Grants, Cherokee land lots, 1832, 12,115 00 For Fees on Grants, Cherokee Gold lots, 1832, 12,259 00 For Fees on Grants, Head Rights, 1,959 50 Amount carried on $482,935 74 Amount brought forward, $482,935 74 For Fees on Grants, Fractions sold under the Acts of 1822 and '3, 270 00 For Fees on Grants, Fractions sold under the Acts of 1827, 207 00 For Fees on Grants, Cherokee Land Fractions, 115 50 For Fees on Grants, Cherokee Gold Fractions, 218 50 For Fees on Grants, Lots and Reserves at Macon, 76 50 For Fees on Grants, Lots and Reserves at Columbus, 198 00 For Fees on Grants, Lots fraudulently drawn, 24 00 For Fees on Grants, Reverted Lots in Muscogee, 9 00 For Fees on Grants, Lots undrawn in Appling, 112 50 For Fees on Grants, Lots No.'s 10 and 100, 12 00 For Fees on Grants, Testimonials, 135 00 For Fees on Copy Grants, 219 75 Total, $484,533 49
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CR. By amounts paid Governor's Warrants, chargeable to the following accounts, viz: By Appropriation for County Academies, $22,823 88 By Appropriation for Poor School Fund, 17,711 32 By Appropriation for Contingent Fund of 1833, 343 75 By Appropriation for Contingent Fund of 1834, 325 00 By Appropriation for Contingent Fund of 1836, 17 22 By Appropriation for Contingent Fund of 1837, 18,200 11 By Appropriation for Printing Fund of 1836, 1,312 94 By Appropriation for Printing Fund of 1837, 16,729 96 By Appropriation for Military Fund of 1836-'7, 4,834 68 By Special Appropriation for 1835, 768 50 By Special Appropriation for 1836, 7,152 67 By Special Appropriation for 1837, 247,816 78 By Appropriation for Civil Establishment of 1836, 10,360 00 By Appropriation for Civil Establishment of 1837, 28,395 13 By Appropriation for Free School and Education Fund, 2,000 00 By President's and Speaker's Warrants for 1836, 85,329 80 $464,121 74 By Balance, $20,411 75 Total, $484,533 49 APPROPRIATION FOR COUNTY ACADEMIES. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1836. Nov. 8 2 Trustees Jenkins Acad., Harris county, For amount due paid Academy on the 30th June, 1836, $110 99 Nov. 8 3 Walthourville Inst., Liberty county, For amount due paid Academy on the 30th June, 1836, 48 23 Nov. 8 4 Academy, Camden, For amount due paid Academy on the 30th June, 1836, 298 00 Nov. 9 5 Clinton Ac. Jones, For amount due paid Academy on the 30th June, 1836, 70 92 Nov. 9 8 Academy, Bulloch, For amount due paid Academy on the 30th June, 1836, 102 00 Nov. 9 10 Buckeye Ac. Laurens, For amount due paid Academy on the 30th June, 1836, 99 00 Nov. 10 11 Jackson Ac. Monroe, For amount due paid Academy on the 30th June, 1836, 66 12 Nov. 10 12 Forsyth M. F. Monroe, For amount due paid Academy on the 30th June, 1836, 123 29 Nov. 11 14 Dublin Ac. Laurens, For amount due paid Academy on the 30th June, 1836, 221 90 Nov. 11 18 Watkinsville Ac. Clarke, For amount due paid Academy on the 30th June, 1836, 250 20 Amount carried over, $1,393 71 Amount brought forward, $1,390 71 1836. Nov. 12 21 Union Ac. Washington, For amount due said Academy on the 30th June, 1836, 95 76 Nov. 14 24 Academy, Tattnal, For amount due said Academy on the 30th June, 1836, 99 00 Nov. 14 25 Academy, Cobb, For amount due said Academy on the 30th June, 1836, 71 00 Nov. 16 28 Bethlehem Ac. Wash'n, For amount due said Academy on the 30th June, 1836, 107 08 Nov. 17 29 Eatonton Ac. Putnam, For amount due said Academy on the 30th June, 1836, 161 44 Nov. 18 31 Jackson Ac. Butts, For amount due said Academy on the 30th June, 1836, 78 55 Nov. 22 32 Campbellton Ac. Camp'l, For amount due said Academy on the 30th June, 1836, 174 00 Nov. 22 33 Meson Ac. Oglethorpe, For amount due said Academy on the 30th June, 1836, 443 00 Nov. 24 35 Pleas't Grove Ac. Burke, For amount due said Academy on the 30th June, 1836, 167 69 Nov. 25 36 Thomaston and Franklin Ac. Upson, For amount due said Academy on the 30th June, 1836, 76 68 Nov. 28 39 Monticello M F Jasper, For amount due said Academy on the 30th June, 1836, 243 94 Nov. 28 40 Con. Hall Ac. Jasper, For amount due said Academy on the 30th June, 1836, 96 05 Nov. 28 43 Walthourville Ac. Liberty, For amount due said Academy on the 30th June, 1836, 69 82 Nov. 30 45 Academy, Rabun, For amount due said Academy on the 30th June, 1836, 137 00 Dec. 1 47 Academy, Franklin, For amount due said Academy on the 30th June, 1836, 403 00 Dec. 1 49 Madison M F, Morgan, For amount due said Academy on the 30th June, 1836, 215 86 Dec. 1 50 Academy, Madison; For amount due said Academy on the 30th June, 1836, 185 00 Dec. 3 52 Academy, Marion, For amount due said Academy on the 30th June, 1836, 1280 95 Dec. 3 53 Evansville Ac. Morgan, For amount due said Academy on the 30th June, 1836, 86 35 Dec. 5 54 Wood Lawn Ac. Monroe, For amount due said Academy on the 30th June, 1836, 44 83 Dec. 5 55 Hill Ac. Monroe, For amount due said Academy on the 30th June, 1836, 71 73 Dec. 5 56 Taylor's Creek Ac. Lib'y, For amount due said Academy on the 30th June, 1836, 41 60 Dec. 7 58 Farmer's Ac. Hancock, For amount due said Academy on the 30th June, 1836, 61 00 Dec. 9 60 County Line Ac. Monroe, For amount due said Academy on the 30th June, 1836, 44 83 Dec. 9 61 Sunbury Ac. Liberty, For amount due said Academy on the 30th June, 1836, 22 30 Dec. 12 65 Mt. Zion Ac. Hancock, For amount due said Academy on the 30th June, 1836, 89 06 Dec. 13 67 Blakely Ac. Early, For amount due said Academy on the 30th June, 1836, 37 93 Dec. 14 69 Cassville Ac. Cass, For amount due said Academy on the 30th June, 1836, 58 00 Dec. 15 72 Academy, Irwin, For amount due said Academy on the 30th June, 1836, 51 00 Dec. 16 74 Stone Creek Ac. Twiggs, For amount due said Academy on the 30th June, 1836, 77 63 Dec. 19 79 Waynesboro Ac. Burke, For amount due said Academy on the 30th June, 1836, 87 50 Dec. 19 80 Unionville Ac. Harris, For amount due said Academy on the 30th June, 1836, 160 01 Dec. 19 83 Lafavette and Union Hill Ac. Upson, For amount due said Academy on the 30th June, 1836, 62 77 Dec. 20 85 Union Ac. Pike, For amount due said Academy on the 30th June, 1836, 109 25 Dec. 20 86 Planter's Ac. Twiggs, For amount due said Academy on the 30th June, 1836, 68 32 Dec. 22 89 Academy, Coweta, For amount due said Academy on the 30th June, 1836, 227 00 Dec. 22 92 Academy, Telfair, For amount due said Academy on the 30th June, 1836, 166 00 Dec. 22 94 Lincolnton and Goshen Ac. Lincoln, For amount due said Academy on the 30th June, 1836, 142 00 Dec. 22 95 D'bl. Branch Ac. Lincoln, For amount due said Academy on the 30th June, 1836, 71 00 Dec. 22 97 Academy, Appling, For amount due said Academy on the 30th June, 1836, 1365 00 Dec. 22 98 Zebulon Ac. Pike, For amount due said Academy on the 30th June, 1836, 154 75 Dec. 23 99 Academy; Troup; For amount due said Academy on the 30th June, 1836, 306 00 Dec. 23 100 Academy, Wilkinson, For amount due said Academy on the 30th June, 1836, 524 00 Dec. 23 101 Academy, Meriwether, For amount due said Academy on the 30th June, 1836, 209 00 Dec. 24 103 Academy, Decatur, For amount due said Academy on the 30th June, 1836, 163 00 Dec. 24 106 Academy, Fayette, For amount due said Academy on the 30th June, 1836, 241 00 1837. Jan. 3 154 Centreville Ac. Talbot, For amount due said Academy on the 30th June, 1836, 132 88 Feb. 3 208 Academy, Stewart, For amount due said Academy on the 30th June, 1836, 78 00 Feb. 4 218 Academy, Murray, For amount due said Academy on the 30th June, 1836, 105 00 Feb. 8 272 Academy, Henry, For amount due said Academy on the 30th June, 1836, 449 00 Feb. 23 292 Academy, Walker, For amount due said Academy on the 30th June, 1836, 28 00 April 5 400 County Ac. Baldwin, For amount due said Academy on the 30th June, 1836, 71 94 April 26 444 Midway Ac. Baldwin, For amount due said Academy on the 30th June, 1836, 41 12 May 6 525 Rock Spring Ac. Monroe, For amount due said Academy on the 30th June, 1836, 38 11 May 16 550 Academy, Sumter, For amount due said Academy on the 30th June, 1836, 147 00 June 30 624 Academy, Bulloch, For amount due said Academy on the 30th June, 1837, 102 00 July 5 635 Midway Ac. Baldwin, For amount due said Academy on the 30th June, 1837, 49 99 July 6 638 Academy, Elbert, For amount due said Academy on the 30th June, 1837, 442 00 July 6 640 Academy, Taliaferro, For amount due said Academy on the 30th June, 1837, 212 00 July 6 642 Academy, Houston, For amount due said Academy on the 30th June, 1837, 318 00 July 7 644 Vineville Ac. Bibb, For amount due said Academy on the 30th June, 1837, 84 18 July 8 646 Buckeye Ac. Laurens, For amount due said Academy on the 30th June, 1837, 198 00 July 8 647 Academy, Richmond, For amount due said Academy on the 30th June, 1837, 418 00 Amount carried up, $13,095 71 Amount brought forward, $13,095 71 1836. July 8 648 Thomaston Ac. Upson, For amount due said Academy on the 30th June, 1837, 14 02 July 8 651 Fortville Ac. Jones, For amount due said Academy on the 30th June, 1837, 127 42 July 8 653 Union Ac. Washington, For amount due said Academy on the 30th June, 1837, 114 33 July 8 654 Blountsville Ac. Jones, For amount due said Academy on the 30th June, 1837, 149 26 July 8 655 Sparta M F, Hancock, For amount due said Academy on the 30th June, 1837, 264 86 July 12 660 Academy, Chatham, For amount due said Academy on the 30th June, 1837, 534 00 July 13 664 Franklin Ac. Putnam, For amount due said Academy on the 30th June, 1837, 61 76 July 13 666 Academy, Tattnal, For amount due said Academy on the 30th June, 1837, 99 00 July 14 673 Madison M F, Morgan, For amount due said Academy on the 30th June, 1837, 242 29 July 14 674 Campbellton Ac. Cam'll, For amount due said Academy on the 30th June, 1837, 174 00 July 17 681 County Ac. Washington, For amount due said Academy on the 30th June, 1837, 70 96 July 17 683 County Ac. Henry, For amount due said Academy on the 30th June, 1837, 449 00 July 19 684 Mt. Carmel Ac. Crawford, For amount due said Academy on the 30th June, 1837, 171 00 July 20 687 County Ac. Bibb, For amount due said Academy on the 30th June, 1837, 117 51 July 21 691 Academy, Wilkes, For amount due said Academy on the 30th June, 1837, 478 00 July 22 695 Pleasant Ac. Jasper, For amount due said Academy on the 30th June, 1837, 143 23 July 24 699 Cullodensville Ac. Mon'r, For amount due said Academy on the 30th June, 1837, 171 00 July 24 700 County Ac. Hall, For amount due said Academy on the 30th June, 1837, 543 00 July 24 702 Academy, Columbia, For amount due said Academy on the 30th June, 1837, 401 00 July 26 708 Lawrenceville Ac. Gwin't, For amount due said Academy on the 30th June, 1837, 301 10 July 27 709 County Ac. Muscogee, For amount due said Academy on the 30th June, 1837, 142 37 August 1 718 Corinth Ac. Baldwin, For amount due said Academy on the 30th June, 1837, 129 50 August 2 719 Hamilton Ac. Harris, For amount due said Academy on the 30th June, 1837, 129 70 August 4 723 County Ac. Effingham, For amount due said Academy on the 30th June, 1837, 220 00 August 4 724 Ockchumpka Ac. Upson, For amount due said Academy on the 30th June, 1837, 31 85 August 4 728 Monticello M F, Jasper, For amount due said Academy on the 30th June, 1837, 212 40 August 8 776 Farmer's Ac. Walton, For amount due said Academy on the 30th June, 1837, 100 51 August 11 783 Oak Grove Ac. Morgan, For amount due said Academy on the 30th June, 1837, 116 72 August 12 784 Union Hill Ac. Jones, For amount due said Academy on the 30th June, 1837, 116 50 August 12 785 Jefferson Ac. Putnam, For amount due said Academy on the 30th June, 1837, 153 30 August 14 787 County Ac. DeKalb, For amount due said Academy on the 30th June, 1837, 456 00 August 14 791 Jefferson Ac. Monroe, For amount due said Academy on the 30th June, 1837, 103 50 August 14 792 County Line Ac. Monroe, For amount due said Academy on the 30th June, 1837, 60 37 August 17 796 Monroe Ac. Walton, For amount due said Academy on the 30th June, 1837, 162 80 August 18 798 Eatonton Ac. Putnam, For amount due said Academy on the 30th June, 1837, 155 42 August 19 801 County Ac. McIntosh, For amount due said Academy on the 30th June, 1837, 308 00 August 24 808 Jackson Ac. Butts, For amount due said Academy on the 30th June, 1837, 198 00 August 25 812 County Ac. Sumter, For amount due said Academy on the 30th June, 1837, 37 00 August 25 813 Bethlehem Ac. Wash'n, For amount due said Academy on the 30th June, 1837, 173 71 August 25 815 Lake Ac. Bibb, For amount due said Academy on the 30th June, 1837, 17 55 Sept. 5 831 Hill Ac. Monroe, For amount due said Academy on the 30th June, 1837, 65 00 Sept. 5 832 Liberty Hill Ac. Wilkin'n, For amount due said Academy on the 30th June, 1837, 43 66 Sept. 6 835 County Ac. Cobb, For amount due said Academy on the 30th June, 1837, 71 00 Sept. 8 837 Washington Ac. Gwinnett, For amount due said Academy on the 30th June, 1837, 252 90 Sept. 8 839 Salem Ac. Clarke, For amount due said Academy on the 30th June, 1837, 142 37 Sept. 8 840 Washington Ac. Talbot; For amount due said Academy on the 30th June, 1837, 122 04 Sept. 19 847 Powelton Ac. Hancock, For amount due said Academy on the 30th June, 1837, 68 07 Sept. 21 848 Jackson Ac. Forsyth, For amount due said Academy on the 30th June, 1837, 95 00 Sept. 22 849 County Ac. Habersham, For amount due said Academy on the 30th June, 1837, 493 00 Sept. 26 853 County Ac. Heard, For amount due said Academy on the 30th June, 1837, 83 00 Oct. 12 866 County Ac. Baldwin, For amount due said Academy on the 30th June, 1837, 79 51 Oct. 17 874 Meson Ac. Oglethorpe, For amount due said Academy on the 30th June, 1837, 318 21 Oct. 19 875 Washington Ac. Bibb, For amount due said Academy on the 30th June, 1837, 38 58 Oct. 19 876 Mt. Vernon Ac. Monroe, For amount due said Academy on the 30th June, 1837, 41 00 Oct. 19 880 County Ac. Montgomery, For amount due said Academy on the 30th June, 1837, 104 00 Nov. 1 888 Covington M F, Newton, For amount due said Academy on the 30th June, 1837, 270 37 Nov. 3 893 Monaghan Ac. Warren, For amount due sad Academy on the 30th June, 1837, 188 07 Total, $23,282 32
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POOR SCHOOL FUND. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1836. Nov. 8 1 Trustee Warren Co, For amount of Poor School Fund due said county on the 30th June, 1836, $281 41 Nov. 9 6 Trustee Greene For amount of Poor School Fund due said county on the 30th June, 1836, 272 44 Amount carried over, $553 85 Amount brought forward, $553 85 1836. Nov. 9 7 Trustee Bulloch For amount of poor school fund due said county on the 30th June, 1836, 103 43 Nov. 9 9 Trustee Columbia For amount of poor school fund due said county on the res. 9th Dec. 1835, 483 50 Nov. 14 23 Trustee Tattnal For amount of poor school fund due said county on the res. 9th Dec. 1835, 101 98 Nov. 17 30 Trustee Butts For amount of poor school fund due said county on the res. 9th Dec. 1835, 188 55 Nov. 28 41 Trustee Jasper For amount of poor school fund due said county on the res. 9th Dec. 1835, 355 74 Nov. 28 42 Trustee Liberty For amount of poor school fund due said county on the res. this day, 271 42 Nov. 29 44 Trustee Walton For amount of poor school fund due said county on the res. this day, 792 74 Dec. 1 46 Trustee Monroe For amount of poor school fund due said county on the res. this day, 544 49 Dec. 1 51 Trustee Madison For amount of poor school fund due said county on the res. this day, 188 44 Dec. 10 63 Trustee Chatham For amount of poor school fund due said county on the res. this day, 280 22 Dec. 10 64 Trustee Effingham For amount of poor school fund due said county on the res. this day, 95 82 Dec. 12 66 Trustee Burke For amount of poor school fund due said county on the res. this day, 290 81 Dec. 15 70 Trustee Crawford For amount of poor school fund due said county on the res. this day, 154 78 Dec. 15 71 Trustee Irwin For amount of poor school fund due said county on the res. this day, 59 70 Dec. 16 73 Trustee Franklin For amount of poor school fund due said county on the res. this day, 420 95 Dec. 19 81 Trustee Rabun For amount of poor school fund due said county on the res. this day, 166 99 Dec. 19 82 Trustee Habersham For amount of poor school fund due said county on the res. this day, 574 67 Dec. 20 88 Trustee Marion For amount of poor school fund due said county on the res. this day, 193 64 Dec. 22 91 Trustee Telfair For amount of poor school fund due said county on the res. this day, 166 54 Dec. 22 96 Trustee Appling For amount of poor school fund due said county on the res. this day, 68 71 Dec. 23 102 Trustee Early For amount of poor school fund due said county on the res. this day, 164 20 Dec. 24 104 Trustee Coweta For amount of poor school fund due said county on the res. this day, 232 18 Dec. 24 105 Trustee Stewart For amount of poor school fund due said county on the res. this day, 76 78 Dec. 24 107 Trustee Lincoln For amount of poor school fund due said county on the res. this day, 155 96 Dec. 24 109 Trustee Paulding For amount of poor school fund due said county on the res. this day. 154 80 Dec. 26 110 Trustee Lumpkin For amount of poor school fund due said county on the res. this day, 246 01 1837. Feb. 3 211 Trustee Muscogee For amount of poor school fund due said county on the res. this day, 347 88 Feb. 9 274 Trustee Putnam For amount of poor school fund due said county on the res. this day, 296 46 Feb. 11 279 Trustee Oglethorpe For amount of poor school fund due said county on the res. this day, 297 53 March 8 321 Trustee Bibb For amount of poor school fund due said county on the res. this day, 250 60 March 29 385 Trustee Cobb For amount of poor school fund due said county on the res. this day, 271 00 April 26 445 Trustee Dooly For amount of poor school fund due said county on the res. this day, 429 78 July 6 641 Trustee Taliaferro For amount of poor school fund due said county on 30th June, 1837, 186 30 July 6 643 Trustee Houston For amount of poor school fund due said county on 30th June, 1837, 336 06 July 8 649 Trustee Upson For amount of poor school fund due said county on 30th June, 1837, 235 26 July 8 650 Trustee Hancock For amount of poor school fund due said county on 30th June, 1837, 301 32 July 10 657 Trustee Baldwin For amount of poor school fund due said county on 30th June, 1837, 362 27 July 11 658 Trustee Twiggs For amount of poor school fund due said county on 30th June, 1837, 272 88 July 13 667 Trustee Tattnall For amount of poor school fund due said county on 30th June, 1837, 109 26 July 14 675 Trustee Fayette For amount of poor school fund due said county on 30th June, 1837, 275 34 July 17 682 Trustee Henry For amount of poor school fund due said county on 30th June, 1837, 503 22 July 21 692 Trustee Wilkes For amount of poor school fund due said county on 30th June, 1837, 312 60 July 21 693 Trustee Richmond For amount of poor school fund due said county on 30th June, 1837, 333 48 July 24 701 Trustee Hall For amount of poor school fund due said county on 30th June, 1837, 670 62 July 24 704 Trustee Gwinnett For amount of poor school fund due said county on 30th June, 1837, 655 74 July 27 710 Trustee Heard For amount of poor school fund due said county on 30th June, 1837, 88 86 July 27 712 Trustee Jackson For amount of poor school fund due said county on 30th June, 1837, 404 04 July 28 713 Trustee Cass For amount of poor school fund due said county on 30th June, 1837, 320 79 July 29 715 Trustee Bibb For amount of poor school fund due said county on 30th June, 1837, 268 50 August 3 720 Trustee Talbot For amount of poor school fund due said county on 30th June, 1837, 283 47 August 7 773 Trustee Clarke For amount of poor school fund due said county on 30th June, 1837, 308 04 August 7 774 Trustee Warren For amount of poor school fund due said county on 30th June, 1837, 302 58 August 14 788 Trustee DeKalb For amount of poor school fund due said county on 30th June, 1837, 541 20 August 22 802 Trustee Campbell For amount of poor school fund due said county on 30th June, 1837, 203 88 August 23 805 Trustee Carroll For amount of poor school fund due said county on 30th June, 1837, 184 02 Sept. 2 829 Trustee Greene For amount of poor school fund due said county on 30th June, 1837, 291 90 Sept. 15 845 Trustee Wilkinson For amount of poor school fund due said county on 30th June, 1837, 287 10 Oct. 5 857 Trustee Jones For amount of poor school fund due said county on 30th June, 1837, 371 86 Oct. 5 858 Trustee Jefferson For amount of poor school fund due said county on 30th June, 1837, 210 84 Oct. 19 879 Trustee Montgomery For amount of poor school fund due said county on 30th June, 1837, 109 74 Nov. 1 887 Trustee Murray For amount of poor school fund due said county on 30th June, 1837, 67 75 Nov. 1 889 Trustee Newton For amount of poor school fund due said county on 30th June, 1837, 486 06 Total, $18,265 13
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FREE SCHOOL AND EDUCATION FUND. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1837. May 26 580 D. A. Rees, For amount appropriated to chairman of committee under the act of 23d December, 1836, in relation to free schools and education, to collect information, c. $2,000 00 SPECIAL APPROPRIATION1835. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1836. Nov. 11 17 C. D. Terhune, For 71 days service as Indian Agent in the Cherokee countryact of 1834, $213 00 1837. April 4 399 C. D. Terhune, For 83 71 days service as Indian Agent in the Cherokee countryact of 1834, and pay of an interpreter, 342 50 April 5 401 Curtis Greene, For 57 71 days service as Indian Agent in the Cherokee countryact of 1834, and pay of an interpreter, 171 00 April 27 451 Lacy Witcher, For 9 71 days service as Indian Agent in the Cherokee countryact of 1834, and pay of an interpreter, 27 00 May 17 560 M. J. Camden, For 5 71 days service as Indian Agent in the Cherokee countryact of 1834, and pay of an interpreter, 15 00 Nov. 1 890 C. D. Terhune, For 178 71 days service as Indian Agent in the Cherokee countryact of 1834, and pay of an interpreter, 534 00 Total, $1,202 50 SPECIAL APPROPRIATION1836. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1836. Nov. 11 15 Lewis Tumlin, For cost due him as Sheriff of Cass county, in cases of criminal prosecutions against Cherokee IndiansAct 22d December, 1835, $620 69 Nov. 11 16 Wm. McGaughy, For cost due him as Sheriff of Cass county, in cases of criminal prosecutions against Murray IndiansAct 22d December, 1835, 156 29 Nov. 11 19 Michael Dixon, For cost due him as Sheriff of Cass county, in cases of criminal prosecutions against jailor of Walker IndiansAct 22d December, 1835, 26 12 Nov. 11 20 William Falkner, For cost due him as Sheriff of Cass county, in cases of criminal prosecutions against sher'f of Walker IndiansAct 22d December, 1835, 248 25 Nov. 12 22 Andrew McDonald, For dep. sh'ff of Cass IndiansAct 22d December, 1835, 132,81 Nov. 15 26 Tr's Paulding co. Ac'my For amount specially appropriated to Paulding county Academy, by the act of 22d Dec., 1835, 815 00 Nov. 26 37 Vincent Boman, For cost due him in cases of criminal prosecutions against Cherokee Indians in Murray co. Act 22d Dec. 1835, 31 25 Nov. 26 38 John Caldwell, For cost due him as Cl'k Sup. Court of Walker co. against Cherokee Indians. Act 22d December 1835, 91 25 Dec. 1 48 N. Smith, For cost due him as jailer of Gilmer co., against Cherokee Indians. Act of 22d Dec. 1835, 80 78 Dec. 7 57 A. L. Barry, For cost due him as jailer of Walker co. against Cherokee Indians. Act of 22d Dec. 1835, 336 71 Dec. 7 59 Arthur Erwin, For cost due him as jailer of Forsyth, against Cherokee Indians. Act of 22d Dec. 1835, 60 54 Dec. 14 68 Francis L. Brandon, For cost due him as jailer of Gwinnett co. against Cherokee Indians. Act 22d Dec. 1835, 638 61 Dec. 16 75 Wm. H. Dismukes, For provisions furnished the militia raised in Stewart co. for defending the citizens against the hostile Creek Indians. Act 21st Dec. 1835, 173 21 Dec. 22 90 W. Shropshire and R. L. Johnson,[UNK] For cost due them as dep. sh'ff and Cl'k Sup. Court of Floyd co. in cases of criminal prosecutions against Cherokee Indians, per act 22d Dec. 1835 and certificate of the Judge, 936 17 Amount carried over, $4,347 68 Amount brought forward, $4,347 68 1836. Dec. 24 108 Tr's Union co. Ac'my, For amount specially appropriated to Union county Academy by act of 22d Dec. 1835, 815 00 1837. Jan. 9 169 Geo. W. Underwood, For amount due him as Justice of the Peace of Cass co. in cases of criminal prosecutions against Cherokee Indians. Act 22d Dec. 1835, 6 25 Feb. 4 219 Tr's Murray co Ac'my, For amount specially appropriated to Murray co. Academy by act 23d Dec. 1835, 815 00 Feb. 16 288 R. R. Allen, For cost due him as jailer of Walker co. in cases of criminal prosecutions against Cherekee Indians. Act 22d Dec. 1835, 110 94 Feb. 23 291 Asa Dickson, For cost due him as sh'ff of Walker co. in cases of criminal prosecutions against Cherokee Indians; Act of 22d Dec. 1835, 52 64 Feb. 27 298 C. Hawks and Officers of Court,[UNK] For cost due them as Clerk Sup. Court c. of Cass co. in cases of criminal prosecutions against Cherokee Indiands; act 22d Dec. 1835, 38 75 Apr. 20 429 J. W. Ambrister, For cost due him as constable of Cass co. in cases of criminal prosecutions against Cherokee Indians. Act 22d Dec. 1835, 12 50 May 15 545 D. R. Mitchell, For cost due him as Solicitor General Cherokee circuit, (pro tem.) in cases of criminal prosecutions against Cherokee Indians. Act of 22d Dec. 1835, 50 00 May 16 551 Wm. R. Williamson, For cost due him as sh'ff of Floyd co. in cases of criminal prosecutions against Cherokee Indians. Act of 22d Dec. 1835, 51 20 June 2 592 W. M. McAfee, For cost due him as jailer of Cherokee co. in cases of criminal prosecutions against Cherokee Indians. Act of 22d Dec. 1835, 124 14 Sep. 6 833 R. F. Daniel, For cost due him as jailer of Cherokee co. in cases of criminal prosecutions against Cherokee Indians. Act of 22d of Dec. 1835, 236 71 Sep. 29 855 Orsamus Camp, For cost due him as'bailiff of Floyd co. in cases of criminal prosecutions against Cherokee Indians. Act of 22d Dec. 1835, 26 25 Oct. 16 870 Geo. W. Underwood, For cost due him as jailer of Cass co. in cases of criminal prosecutions against Cherokee. Indians. Act of 22d Dec. 1835, 124 21 Oct. 16 871 Malachi Jones. For cost due him as jailer of Cass co. in cases of criminal prosecutions against Cherokee Indians. Act of 22d Dec. 1835, 35 15 Total, $6,846 42
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SPECIAL APPROPRIATION1837, OR VOLUNTEER LAW, Passed 26th December, 1836 . Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1836. Dec. 26 114 James P. Holmes, For amount of audited accounts paid him as agent under the act of 26th December 1836, 5633 59 Dec. 26 121 Thos J. Holmes For amount of audited accounts paid him as agent under the act of 26th December 1836, 816 83 Dec. 28 133 Samuel Fariss, For amount of audited accounts paid him as agent for subsistence Maj. Nelson's battalion per self, under the act of 26th December 1836, 2047 87 Dec. 29 140 John Maxey, For amount of audited accounts paid him as agent under act 26 Dec. for subsistence Maj. Nelson's battalion per self, under the act of 26th December 1836, 70 22 Dec. 29 142 Robert [Illegible Text] For amount of audited accounts paid him as agent for subsistence Maj. Nelson's battalion per self, under the act of 26th December 1836, 585 10 Dec. 31 148 Geo. T. Wood For amount of audited accounts paid him as agent, for subsistence Maj. Nelson's battalion per self, under the act of 26th December 1836, 166 85 1837. Jan. 7 164 Simeon Barnett, For amount of audited accounts paid him as agent self for subsistence Maj. Nelson's battalion per self, under the act of 26th December 1836, 26 00 Jan. 7 165 S. P. Allison, For amount of audited accounts paid him as agent for subsistence Maj. Nelson's battalion per self, under the act of 26th December 1836, 20 00 Jan. 9 167 Jos. A. Salisbury, For amount of audited accounts paid him as agent for subsistence Maj. Nelson's battalion per self, under the act of 26th December 1836, 58 10 Jan. 12 181 Elizar McCall, For amount of audited accounts paid him as agent for subsistence Maj. Nelson's battalion per self, under the act of 26th December 1836, 95 00 Jan. 12 182 Elizar McCall, For amount of audited accounts paid him as agent as ag't on muster roll for subsistence Maj. Nelson's battalion per self, under the act of 26th December 1836, 150 00 Jan. 13 184 Charles Rall, For amount of audited accounts paid him as agent self for subsistence Maj. Nelson's battalion per self, under the act of 26th December 1836, 14 00 Jan. 20 194 R. B. Gore, For amount of audited accounts paid him as agent for subsistence Maj. Nelson's battalion per self, under the act of 26th December 1836, 30 00 Jan. 21 195 James McCrary, For amount of audited accounts paid him as agent for subsistence Maj. Nelson's battalion per self, under the act of 26th December 1836, 21 79 Jan. 27 199 Tho. J. Shinholster, For amount of audited accounts paid him as agent for subsistence Maj. Nelson's battalion per self, under the act of 26th December 1836, 44 50 Jan. 30 200 Jas. H. Rogers, For amount of audited accounts paid him as agent for subsistence Maj. Nelson's battalion per self, under the act of 26th December 1836, 37 10 Jan. 30 202 W. U. Anderson, For amount of audited accounts paid him as agent due him on his must. roll, under the act of 26th December 1836, 102 00 Feb. 1 204 Geo. Root Son, For audited account paid them, 80 59 Feb. 2 206 Joseph G. Stiles, For audited account paid him, under the act of 26th December 1836, 440 00 Feb. 3 209 C. S. Hamer, For audited account paid her, under the act of 26th December 1836, 348 00 Feb. 3 210 N. G. Foster, For audited account paid him, under the act of 26th December 1836, 539 42 Feb. 4 215 Hiram Adair, For audited account paid him, under the act of 26th December 1836, 170 87 Feb. 4 216 Clem Bryan, For audited account paid him, under the act of 26th December 1836, 155 00 Feb. 4 217 Thomas Towson, For audited account paid him, under the act of 26th December 1836, 66 25 Feb. 4 220 C. J. Malone, For audited account paid him, under the act of 26th December 1836, 47 53 Feb. 6 265 T. R. Huson, For audited account paid him, under the act of 26th December 1836, 91 50 Feb. 6 266 Hiram Adair, For audited due on his muster roll, under the act of 26th December 1836, 567 54 Feb. 6 267 George T. Wood, For audited audited account, c. under the act of 26th December 1836, 1,104 80 Feb. 6 268 Michael Mikel, For audited audited account, c. under the act of 26th December 1836, 15 87 Feb. 6 269 John Reynolds, For audited audited account, c. under the act of 26th December 1836, 100 00 Feb. 8 273 Jno R. Scarborough, For audited audited account, c. under the act of 26th December 1836, 62 50 Feb. 9 276 H. J. E. Rosser, For audited audited account, c. under the act of 26th December 1836, 157 18 Feb. 10 277 A. H. McNeil, For audited audited account, c. under the act of 26th December 1836, 13 50 Feb. 10 278 Francis Bird, For audited audited account, c. and others as agent, under the act of 26th December 1836, 466 93 Feb. 11 281 John H. Lumpkin, For audited due on his muster roll, under the act of 26th December 1836, 3,363 61 Feb. 13 285 Nichols Doming, For audited audited account, c. under the act of 26th December 1836, 39 17 Feb. 15 287 William L. Morgan, For audited due on his muster roll, under the act of 26th December 1836, 1,090 46 Feb. 23 289 Robert J. Wynn, For audited audited account, c. under the act of 26th December 1836, 53 10 Feb. 23 290 John McConnell, For audited audited account, c. under the act of 26th December 1836, 100 66 Feb. 25 294 S. W. Durham, For audited due on his muster roll as captain, under the act of 26th December 1836, 15 46 Feb. 25 295 John M. Scott, For audited audited account, c. under the act of 26th December 1836, 51 50 Feb. 27 299 Samuel Williams, For audited audited account, c. under the act of 26th December 1836, 133 00 Feb. 27 300 James A. Rooks, For audited audited account, c. under the act of 26th December 1836, 53 18 Feb. 28 302 Benjamin Wade, For audited audited account, c. under the act of 26th December 1836, 48 00 Feb. 28 303 Hill, Jernigan Co. c.[UNK] For audited audited account, c. under the act of 26th December 1836, 760 67 Feb. 28 304 Mason H. Bush, For audited audited account, c. under the act of 26th December 1836, 13 37 March 1 305 Bryan Bedingfield, For audited of various account,c. under the act of 26th December 1836, 380 24 March 1 306 Wm. A. Black, For audited of various account,c. under the act of 26th December 1836, 180 60 March 1 307 John Cureton, For audited of various account,c. under the act of 26th December 1836, 49 75 March 1 310 W. H. Boynton, For audited of various account,c. under the act of 26th December 1836, 93 69 March 1 311 Edward Barnes, For audited of various account,c. under the act of 26th December 1836, 57 12 March 1 312 Josiah Flournoy, For audited of various account,c. under the act of 26th December 1836, 75 49 March 1 313 Bushrod W. Sanford, For audited of various account,c. under the act of 26th December 1836, 57 00 March 4 314 John T. Story, For audited of various account,c. under the act of 26th December 1836, 49 37 March 7 319 Geo. T. Wood, For audited of various account,c. under the act of 26th December 1836, 1,121 54 March 8 320 John Young, For audited due on his muster roll for services, under the act of 26th December 1836, 206 21 March 8 322 James McConnell, For audited due on his muster roll for services, under the act of 26th December 1836, 366 78 March 8 323 John Pugh, For audited of audited account, paid him under the act of 26th December, 1836, 98 [UNK] 1837. March 9 324 B. Ingram, For amount of audited account paid him under the act of 26th Dec. 1836, 59 25 March 10 325 Wrigley Hart, For amount of audited account paid them under the act of 26th Dec. 1836, 97 25 March 10 327 Spencer Riley, For amount of audited account due on his muster roll for services, c. under the act of 26th Dec. 1836, 357 97 March 10 328 Alex'r. Shotwell, For amount of audited account, under the act of 26th Dec. 1836, 77 00 March 10 329 Spencer Riley, For amount of audited account, under the act of 26th Dec. 1836, 50 00 March 11 330 James U. Horne, For amount of audited account due on his muster roll for losses and services, under the act of 26th Dec. 1836, 3,522 21 March 13 331 James Gaston, For amount of audited account due him on Capt. Nelson's muster roll for loses and services, for a lost horse, under the act of 26th Dec. 1836, 175 00 March 13 332 Randal McDonald, For amount of audited account due his on Capt. Nelson's muster roll for services, c. for losses and services, Ware Co. under the act of 26th Dec. 1836, 240 26 March 13 333 Randal McDonald, For amount of audited account due his on Capt. Nelson's muster roll for services, c. for losses and services, Ware Co. under the act of 26th Dec. 1836, 197 20 March 14 334 Simeon Howard, For amount of audited account due his on Capt. Nelson's muster roll for services, c. for losses and services, Ware Co. under the act of 26th Dec. 1836, 1,512 10 March 14 335 Thomas Hilliard, For amount of audited account due his on Capt. Nelson's muster roll for services, c. for losses and services, Ware Co. under the act of 26th Dec. 1836, 510 54 March 14 336 Hugh Booth, For amount of audited account under the act of 26th Dec. 1836, 8 00 March 14 337 Randal McDonald, For amount of audited account under the act of 26th Dec. 1836, 120 00 March 15 338 Thomas Hilliard, For amount of audited account under the act of 26th Dec. 1836, 100 65 March 15 339 Levi J. Knight, For amount due on his muster rolls for losses and services, c. under the act of 26th Dec. 1836, 3,675 78 March 15 340 Jos. S. Burnett, For amount due on his muster rolls for losses and services, c. under the act of 26th Dec. 1836, 198 53 March 15 341 Levi J. Knight, For amount of audited account, under the act of 26th Dec. 1836, 32 50 March 15 342 Arthur W. Battle For amount due his muster roll for services, c. under the act of 26th Dec. 1836, 366 98 March 15 343 Arthur W. Battle, For amount of audited account, under the act of 26th Dec. 1836, 5 00 March 15 344 M. M. Hall, For amount of audited account, under the act of 26th Dec. 1836, 26 00 March 16 345 Myrick, Napier Freeman, [UNK] For amount of audited them under the act of 26th Dec, 1836, 151 74 March 16 347 L Dodson, ot For amount due on his muster roll for serices, c. under the act of 26th Dec. 1836, 213 44 March 17 348 William Cooper, For amount of audited account, under the act of 26th Dec. 1836, 10 00 March 18 350 Thos. E. Blackshear, For amount of various muster rolls presented by him as agent, for services, losses, c. under the act of 26th Dec. 1836, 5, 311 98 March 18 351 Thos. E. Blackshear, For amount of various audited accounts presented by him as agent, under the act of 26th Dec. 1836, 973 81 March 18 352 William Cooper, For amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 460 44 March 18 353 Randal McDonald, For amount audited account due on his muster roll for Cherokee County, under the act of 26th Dec. 1836, 372 87 March 18 354 Randal McDonald, For amount due on his muster roll for services, under the act of 26th Dec. 1836, 16 75 March 18 355 William Cooper, For amount of audited account, under the act of 26th Dec. 1836, 4 00 March 20 358 Galba Matthews, For amount due on his muster roll for services, c. 487 29 March 20 359 Neill Robison, For amount due on Capt. Pitt's and Ball's muster roll, 1,992 11 March 21 362 G. R. McElvy, For amount of audited account allowed him, 26 50 March 21 363 Labon Morgan, For amount due on his muster roll for services, c. 1,103 16 March 21 364 Michael Hentz, For amount due on his muster roll for services, c. 4,167 20 March 22 368 Michael Hentz, For amount of audited account allowed him, 608 07 March 22 371 N. G. Foster, For amount due on his muster roll services, c. 63 31 March 23 372 Neill Robison, For amount of various audited accounts allowed as agent, 609 70 March 23 373 Bissell Morrow, For amount of audited accounts allowed them, 14 50 March 23 375 E. P. Ware, For amount of audited accounts allowed him, 237 84 March 23 376 John Smith, For amount of audited accounts allowed him, 200 00 March 23 377 Chas. E. Biddle, For amount due on his muster roll for services, under the act of 26h December, 1836, 321 40 March 23 378 Joseph Donaldson, For amount of audited accounts allowlowed him, under the act of 26th December, 1836, 36 00 March 25 380 Jesse Lambreth, For amount of audited account allowed him under the act of 26th Dec. 1836, 93 71 March 25 381 Thomas Ryan, For amount of audited account allowed him under the act of 26th Dec. 1836, 132 91 March 28 382 John H. Hillhouse, For amount due on Capt. Nelson's muster roll, for a lost horse, under the act of 26th Dec. 1836, 70 00 March 28 384 John B. Day, For amount of various audited accounts allowed him as agent, under the act of 26th Dec. 1836, 188 00 March 29 386 John G. Maddox, For amount due on his muster roll for services, under the act of 26th Dec. 1836, 35 52 March 30 387 Thos. J. Johnson, For amount of audited account allowed him, under the act of 26th Dec. 1836, 48 60 March 30 388 John Witcher, For amount due on his muster roll for services, under the act of 26th Dec. 1836, 1,133 16 March 31 391 William Bowen, For amount due on his muster roll for services, under the act of 26th Dec. 1836, 119 82 March 31 392 Chas. J. Malone, For amount due on his muster roll for loss of horses, under the act of 26th Dec. 1836, 375 00 April 1 395 Mark Wilcox, For amount of audited accounts allowed him, under the act of 26th Dec. 1836, 47 10 April 3 396 John E. Jeffers, For amount of audited accounts allowed him, under the act of 26th Dec. 1836, 20 00 April 3 398 Michael Feagan, For amount due him on Captain Flewellen's muster roll, for a lost horse, under the act of 26th Dec. 1836, 80 00 April 11 404 B. B. Pace, For amount due him on Captain Bailey's and Mahone's muster roll, for services, under the act of 26th Dec. 1836, 628 80 April 11 405 B. B. Pace, For amount of various audited accounts allowed him as agent, under the act of 26th Dec. 1836, 190 80 April 11 407 R. F. Daniel, For amount of audited account allowed him, under the act of 26th Dec. 1836, 39 61 April 12 408 Benj. F. Gilbert, For amount of audited account allowed him, under the act of 26th Dec. 1836, 24 50 April 13 410 Philip S. Lemlie, For amount of audited account allowed him, under the act of 26th Dec. 1836, 15 00 April 14 412 John S. Henderson, For amount various of audited account allowed him, as agent, under the act of 26th Dec. 1836, 411 44 April 14 413 Sion B. Pritchard, For amount various of audited account allowed him, as agent, under the act of 26th Dec. 1836, 105 40 April 14 414 John B. Foster, For amount due him on Captain Flewellen's muster roll, for a lost horse, under the act of 26th Dec. 1836, 135 00 April 14 415 H. Garmany, For amount of various audited accounts allowed him as agent, under the act of 26th Dec. 1836, 98 75 April 14 416 H. Garmany, For amount due on his muster roll for losses, c. under the act of 26th Dec. 1836, 3,087 77 April 15 419 Doolittle Dunbar, For amount of audited account allowed them, under the act of 26th Dec. 1836, 223 52 April 15 420 William S. Wilson, For amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 306 80 April 15 421 Richard Wright, For amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 305 60 April 19 425 James Y. McDuffie, For amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 235 82 April 20 426 John B. Coffee, For amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 242 81 April 20 430 Jas. Y. McDuffie, For amount of audited account allowed him, under the act of 26th Dec. 1836, 64 16 April 20 432 Jas. N. Wingfield, For amount of audited account allowed him, under the act of 26th Dec. 1836, 280 00 April 20 433 W. K. Bradford, For amount due on his muster roll for services, under the act of 26th Dec. 1836, 58 18 April 21 434 William Bowen, for amount of various audited accounts allowed him as agent, under the act of 26th Dec. 1836, 148 47 April 24 438 Joseph Waters, for amount due on his muster roll, for services, c. under the act of 26th Dec. 1836, 322 49 April 24 439 Joseph Waters, for amount of audited account allowed him, under the act of 26th Dec. 1836, 5 50 April 26 446 Samuel Fariss, for amount due on his muster roll, for services, c. under the act of 26th Dec. 1836, 2,726 34 April 26 447 Samuel Fariss, for amount on various audited accounts, as agent, c. under the act of 26th Dec. 1836, 3,810 86 April 26 450 Montford Lawson, for amount of audited accounts allowed him, under the act of 26th Dec. 1836, 39 00 April 27 453 John M. Anthony, for amount of audited accounts allowed him, under the act of 26th Dec. 1836, 340 00 April 28 454 Michael Young, for amount him as agent on Captain Barron's and Ferrell's muster rolls, under the act of 26th Dec. 1836, 100 18 April 28 455 Michael Young, For amount of audited accounts allowed him as agent, c. under the act of 26th December, 1836, 793 54 April 28 457 Wm. A. Mathews, for amount of audited accounts allowed him under the act of 26th Dec. 1836, 224 10 April 29 458 Uriah M. Darden, for amount due him on Captain Flewellen's muster roll, for a lost horse, under the act of 26th Dec. 1836, 104 50 April 29 459 Z. B. Hargrove, for amount of audited account allowed him, under the act of 26th Dec. 1836, 17 00 May 1 503 E. L. Degraffenreid, For amount of audited account allowed him under the act of 26th Dec. 1836, 2,975 44 May 1 504 Robert Ware, for amount of audited acc'ts allowed him as agent, under the act of 26th Dec. 1836, 203 40 May 1 505 A J Liddell, for amount of audited acc't allowed him self, under the act of 26th Dec. 1836, 96 75 May 1 506 Henry Blair, for amount of audited acc'ts allowed him as agent, under the act of 26th Dec. 1836, 749 86 May 2 507 Archibald McCranie, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 872 70 May 2 508 Henry Blair, for amount due him as agent on various muster rolls from Lowndes Co. under the act of 26th Dec. 1836, 2,467 08 May 2 509 Augustine B. Pope, for amount of audited account allowed him, under the act of 26th Dec. 1836, 29 70 May 2 510 M. M. Fleming, for amount of audited account allowed him, under the act of 26th Dec. 1836, 65 00 May 3 511 S. W. Durham, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 231 74 May 3 512 Lewis A. Thomas, for amount of audited account allowed him, under the act of 26th Dec. 1836, 185 20 May 3 513 Wm. T. Burke, for amount of audited account allowed him, under the act of 26th Dec. 1836, 12 00 May 3 514 Thos. J. Riley, for amount of audited account allowed him, under the act of 26th Dec. 1836, 18 81 May 4 515 Robert H. Sledge, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 188 27 May 4 516 M. H. Bush, for amount of audited account allowed him, under the act of 26th Dec. 1836, 18 00 May 4 517 Wm. Manning, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 365 31 May 4 518 Bowen Kennon, for amount of audited account allowed them, under the act of 26th Dec. 1836, 40 87 May 4 519 Lucius Church Co. for amount of audited account allowed them, under the act of 26th Dec. 1836, 202 21 May 4 520 Benjamin Sutton, for amount of audited account allowed him under the act of 26th Dec. 1836, 18 00 May 5 521 Cullen Mayo, for amount of audited account allowed him, as agent under the act of 26th Dec. 1836, 29 00 May 5 522 Felix Simonton, for amount of audited account allowed him, as agent under the act of 26th Dec. 1836, 413 16 May 5 523 Wm. R. Manning, for amount of audited account allowed him under the act of 26th Dec. 1836, 48 93 May 5 524 Thomas Wilcox, for amount of audited account allowed him under the act of 26th Dec. 1836, 49 00 May 9 528 J. P. Taft Co. for amount of audited account allowed them under the act of 26th Dec. 1836, 102 42 May 11 531 Benj. Williams, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 262 00 May 11 532 Reuben J. Crews, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 180 45 May 12 533 Field Morgan, for amount of audited account allowed them, under the act of 26th Dec. 1836, 97 68 May 12 534 B. B. Bryant, for amount due him on Captain Nelson's muster roll, for a lost horse, under the act of 26th Dec. 1836, 165 00 May 12 535 James M. Cade, for amount due him on Captain Nelson's muster roll, for a lost horse, under the act of 26th Dec. 1836, 175 00 May 15 537 P. McCollum, for amount due him on Captain Flewellon's muster roll, for a lost horse, under the act of 26th Dec. 1836, 100 00 May 15 539 David H. Howell, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 439 23 May 15 540 Thomas H. Marler, for amount due him on Captain Nelson's muster roll, for a lost horse, under the act of 26th Dec. 1836, 150 00 May 15 542 D. R. Mitchell, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 920 86 May 15 543 William Mastin, for amount of audited account allowed him, under the act of 26th Dec. 1836, 75 00 May 15 544 S. A. H. Jones, for amount of audited account allowed him, under the act of 26th Dec. 1836, 66 30 May 15 546 John Finlayson, for amount of audited account allowed him, as agent, under the act of 26th Dec. 1836, 73 22 May 16 547 John C. Everett, for amount due on his three muster rolls, for services, c. under the act of 26th Dec. 1836, 1,060 12 May 16 548 Milton Crawford, for amount on his two muster rolls, for services, c. under the act of 26th Dec. 1836, 383 12 May 16 553 Charles J. Malone, for amount due him as agent on his muster roll, for lost horses, c. under the act of 26th Dec. 1836, 215 00 May 16 554 M. Gresham, for amount of audited accounts allowed him as agent under the act of 26th Dec. 1836, 287 30 May 16 555 Isaac Lindsey, For amount due on his muster roll for services, c. under act of 26th December, 1836, 178 24 May 16 556 Charles J. Malone, for amount of audited accounts allowed him as agent, under the act of 26th Dec. 1836, 187 75 May 17 558 J. Mansell, for amount of audited account allowed him, under the act of 26th Dec. 1836, 14 00 May 17 559 M. J. Camden, for amount of audited account allowed him, under the act of 26th Dec. 1836, 270 50 May 18 562 Henry J. Pope, for amount of audited account allowed him, under the act of 26th Dec. 1836, 896 75 May 18 563 Robert A. Toombs, for amount of audited account allowed him, under the act of 26th Dec. 1836, 173 00 May 19 565 A. B. Pope, for amount of audited account allowed him, under the act of 26th Dec. 1836, 19 56 May 22 569 Samuel Pasmore For amount of audited account allowed him under the act of 26th Dec. 1836, 100 00 May 22 570 A. Leonard, for amount of audited account allowed him under the act of 26th Dec. 1836, 145 81 May 22 571 G. P. Rucker, for amount due him on Captain Nelson's muster roll, for a lost horse, under the act of 26th Dec. 1836, 150 00 May 23 572 Stith Hardaway, for amount of audited account allowed him, under the act of 26th Dec. 1836, 75 56 May 24 575 John T. Smith, for amount due him on Captain Nelson's muster roll, for a lost horse, under the act of 26th Dec. 1836, 175 00 May 25 576 Wm Hawthorn, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 57 44 May 25 577 J. C. Hawthorn, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 912 88 May 25 579 Wm Hawthorn, for amount of audited accounts allowed him, and as agent, under the act of 26th Dec. 1836, 172 80 May 26 581 Eli Glover, for amount due on his muster roll for services and losses, under the act of 26th Dec. 1836, 662 25 May 26 582 James Gay, for amount due on his muster roll for services and losses, under the act of 26th Dec. 1836, 2,002 22 May 26 584 John Townsend, for amount due on his muster roll for services and losses, under the act of 26th Dec. 1836, 194 95 May 26 585 John Townsend, for amount of audited accounts allowed him as agent, under the act of 26th Dec. 1836, 43 97 May 26 586 N. Dver, for amount of audited accounts allowed himself, under the act of 26th Dec. 1836, 60 47 May 31 591 G F Howard, for amount of audited accounts allowed himself, under the act of 26th Dec. 1836, 81 25 June 2 593 J P A A Winn, for amount of audited accounts allowed them, under the act of 26th Dec. 1836, 19 75 June 3 595 A W Ladd, for amount due him on Captain Nelson's muster roll, for a lost horse, under the act of 26th Dec. 1836, 150 00 June 7 596 Simpson Strickland, for amount due on Capt. Albritton's and Lindsey's muster rolls, for services, under the act of 26th Dec. 1836, 570 71 June 7 597 John G. Park, for amount of audited accounts allowed him as agent, under the act of 26th Dec. 1836, 131 00 June 8 599 Solo. R. Lowry, for amount of audited accounts allowed himself, under the act of 26th Dec. 1836, 220 05 June 9 601 J P Maberry, for amount due him on Captain Nelson's muster roll, for a lost horse, under the act of 26th Dec. 1836, 100 00 June 9 602 Charles F Lay, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 17 55 June 12 603 Bailey C Duke, for amount due on his muster roll for services, under the act of 26th Dec. 1836, 323 40 June 17 607 Benj P Robinson, for amount of audited account allowed him, and as agent, under the act of 26th Dec. 1836, 442 97 June 17 609 Benj. Johnson, for amount of audited account allowed him, under the act of 26th Dec. 1836, 12 72 June 23 615 Samuel S. Jack, for amount of audited account allowed him, under the act of 26th Dec. 1836, 200 00 June 27 619 L. Johnston, for amount of audited account allowed him, under the act of 26th Dec. 1836, 22 00 June 27 620 Wm M. Burnett, for amount of audited account allowed him, under the act of 26th Dec. 1836, 23 50 June 28 621 T. F. Booker, for amount due him on Captain Nelson's muster roll, for a lost horse, under the act of 26th Dec. 1836, 125 00 July 1 625 L. M. Betton, administrator, c. [UNK] for amount of audited account allowed J. A. Salisbury, deceased, under the act of 26th Dec. 1836, 112 50 July 3 631 G W Jones, for amount of audited account allowed him under the act of 26th Dec. 1836, 21 47 July 3 632 H H Rainey, for amount of audited account allowed him, under the act of 26th Dec. 1836, 329 53 July 3 633 A. Bishop, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 703 49 July 3 634 A. Bishop, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 1,256 49 July 5 636 Reuben Early, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 159 00 July 10 656 Cyrus Swan, for amount due on his muster roll for services, under the act of 26th Dec. 1836, 97 90 July 13 663 E. L. Degraffenreid, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 67 00 July 13 665 Littleton Atkinson, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 138 11 July 14 668 Isaac L. Streetman, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 691 38 July 14 669 Isaac L. Streetman, For amount of audited account allowed him as agent, under act of 26th December, 1836, 661 82 July 14 670 Green B Ball, for amount for balance due him on his muster roll, c. under the act of 26th Dec. 1836, 22 50 July 14 672 Wm F Thompson, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 630 81 July 14 676 A Bishop, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 160 52 July 14 677 Eaton Bass, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 100 00 July 15 679 J W H Dawson, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 55 00 July 15 680 Allen Smith, for amount of audited acc't allowed him under the act of 26th 1836, 6 00 July 19 685 Thomas W Harris, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 102 18 July 19 686 William Sapp, for amount due him for losses on Captain Garmany's muster roll, under the act of 26th Dec. 1836, 29 00 July 22 694 John Neal, for amount due on his muster roll for services, under the act of 26th Dec. 1836, 293 62 July 22 698 Michael Young, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 20 80 July 24 703 John Jones, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 49 30 July 25 705 John Hones, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 963 33 July 25 706 John L. Swinney, for amount due on his muster roll for losses, under the act of 26th Dec. 1836, 585 00 July 27 711 Nath'l H Hicks for amount due on his muster roll for services, under the act of 26th Dec. 1836, 134 36 Aug 4 722 Stewart Fontaine, for amount of audited acc't allowed them under the act of 26th Dec. 1836, 17 50 Aug 4 725 Sion L. Hill, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 33 48 Aug 4 727 John Brewster, for amount of audited acc't allowed him, G M Smith and John H King, under the act of 26th Dec. 1836, 104 89 Aug 4 729 Allen H Gay, for amount due on his muster roll for services, under the act of 26th Dec. 1836, 75 37 Aug 4 730 Allen H Gay, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 6 00 Aug 7 775 A G Fambrough, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 141 50 Aug 8 777 W B Shirling, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 37 55 Aug 10 778 W B Smith, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 234 06 Aug 10 779 N R Smith, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 135 90 Aug 10 782 N R Smith, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 2,118 75 Aug 12 786 John McCoy, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 744 61 Aug 14 789 J M Calhoun, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 170 00 Aug 14 790 N N Smith, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 74 62 Aug 15 793 John B F Dixon, for amount of audited acc't allowed as agent under the act of 26th Dec. 1836, 42 25 Aug 17 795 J W Wellborn, for amount due him on Captain Nelson's muster roll, for a lost horse, under the act of 26th Dec. 1836, 200 00 Aug 18 797 John H Crafton, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 53 47 Aug 18 799 R M Aycock, for amount due on his muster roll for services, under the act of 26th Dec. 1836, 28 62 Aug 23 803 Felix G Gibson, for amount due him on Captain Horne's muster roll for losses, under the act of 26th Dec. 1836, 299 11 Aug 23 804 Daniel B Rich, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 747 93 Aug 23 806 G W Kinney Co, for amount of audited acc't allowed them under the act of 26th Dec. 1836, 454 15 Aug 23 807 Daniel B Rich, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 148 56 Aug 25 809 Joseph Vardaman, for amount due on his muster roll for services, c. under the act of 26th Dec. 1836, 297 60 Aug 25 810 John U Brown, for amount due on his muster roll for services, c. (No,1) under the act of 26th Dec. 1836, 291 09 Aug 25 811 John U Brown, for amount due on his muster roll for services, c. (No,2) under the act of 26th Dec. 1836, 391 33 Aug 26 818 William J Parks, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 68 00 Aug 26 819 William Doughtie, for amount due him on Captain Flewellen's muster roll, for a lost horse, under the act of 26th Dec. 1836, 150 00 Aug 31 823 William O Bell, for amount due him on his muster roll, for services, under the act of 26th Dec. 1836, 137 00 Sept 1 825 George W Nelson, for amount due him on his muster roll, for services, under the act of 26th Dec. 1836, 316 70 Sept 1 826 William Hames, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 12 50 Sept 1 827 Worthy Wallace, for amount of audited acc't allowed them under the act of 26th Dec. 1836, 13 12 Sept 6 834 William McAfce, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 82 50 Sept 6 836 Joab Barnes, for amount due him on Captain Nelson's muster roll, for a lost horse, c. under the act of 26th Dec. 1836, 113 00 Sept 8 838 Asa D Smart, for amount due on his muster roll for services, under the act of 26th Dec. 1836, 69 75 Sept 15 844 Moses Daniel, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 51 57 Sept 18 846 Ransom Parham, for amount due on his muster roll, for services, under the act of 26th Dec. 1836, 202 94 Sept 25 851 S A Smith, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 120 00 Sept 26 852 J Beall, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 13 50 Sept 30 856 C H Nelson, for amount due him on his muster roll for a lost horse, under the act of 26th Dec. 1836, 100 00 Oct 5 859 A N Lightfoot, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 25 50 Oct 10 863 Enos R Flewellen, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 25 00 Oct 16 872 C J Malone, for amount of audited acc't allowed as agent, under the act of 26th Dec. 1836, 51 25 Oct 16 873 Hardy Hews, for amount due him on Captain Malone's muster roll, for a lost horse, under the act of 26th Dec. 1836, 110 00 Oct 25 883 Jourdan Driver, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 35 00 Oct 31 886 John Maxey, for amount of audited acc't allowed him under the act of 26th Dec. 1836, 7 50 Total, $107,850 07
Page 15
SPECIAL APPROPRIATION1837. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1836. Dec. 26 111 William Cunyers, For the pay of the guard of 20 men organized in Randolph county, in 1836, under a resolution of 10th December, 1835, $477 22 Dec. 26 113 J. I. C. of Muscogee county, [UNK] For amount appropriated to them by the appropriation act of 1837, 8,078 15 Dec. 26 115 Wm. A. Tennille, For amount appropriated to him by the appropriation act of 1837, for additional clerk hire as Sec. of State, 756 00 Dec. 27 124 John G. Park, For amount appropriated to him by appropriation act of 1837, for additional clerk hire as Compt. Gen'l, 192 00 Dec. 27 125 O. Echols, For amount appropriated to him, as clerk in Surveyor General's office, 252 00 Dec. 27 126 John A. Cuthbert, For amount appropriated to him, 488 00 Dec. 27 127 Stephen S. Tardy, For materials furnished and painting south end of the Capitol, 400 00 Dec. 27 128 J. I. C. of Talbot Co. For amount of appropriation to them by the appropriation act of 1837, 1,059 75 Dec. 28 129 William W. Holt, For amount of appropriation to him by the appropriation act of 1837, 200 00 Dec. 28 134 Samuel Fariss, For amount of appropriation to him by the appropriation act of 1837, 600 00 Dec. 28 136 Augustus W. Lane, For amount of appropriation to him by the appropriation act of 1837, 100 00 Dec. 29 137 James C. Holland, For amount of appropriation to him by the appropriation act of 1837, 2,051 41 Dec. 29 141 John A. Cuthbert, For amount of appropriation to him by the appropriation act of 1837, as Inspector of the Penitentiary, 224 00 Dec. 29 143 Isaac McCrary, For the pay of the guard of 20 men, organized in Sumter co., in 1836, under a resolution of Dec. 10, 1835, 385 86 Dec. 29 144 Wm. D. Jarratt, For amount appropriated to him by the appropriation act of 1837, as Inspector of the Penitentiarybalance, 37 34 Dec. 31 145 Myron Bartlett, For amount appropriated to him, by the appropriation act of 1837, 630 00 Dec. 31 146 Cor. of Milledgeville, For amount appropriated to him, by the appropriation act of 1837, 548 13 Dec. 31 147 Wiley Williams, For amount appropriated to him, by the appropriation act of 1837, 828 67 Dec. 31 149 John L. Barringer, For amount approriated to him, by the appropriation act of 1837, for work done on the Capitol, 378 38 1837. Jan'y 3 153 William Barkley, For amount appropriated to him, by the appropriation act of 1837, 100 00 Jan'y 4 156 John B. Ghent, For amount appropriated to him, by the appropriation act of 1837, and concurred resolution, 182 00 Jan'y 4 157 Insp'rs Penitentiary, For amount appropriated to them, by the appropriation act of 1837, and concurred resolution, 5,000 00 Jan'y 6 162 John Naylor, For amount appropriated to him and others by the appropriation act of 1837, and concurred resolution, 200 00 Jan'y 7 163 J. R. Cotting, For the purpose of procuring geological instruments for a survey of the State, 300 00 Jan'y 9 166 Sankey T. Johnson, For amount appropriated to him by the appropriation act of 1837, 533 33 Jan'y 9 170 John Brewster, For amount appropriated to him by the appropriation act of 1837, clerk hire and recording head right plats, 561 87 Jan'y 10 173 Com'rs Rabun Gap Road, [UNK] For amount appropriated to them, by the appropriation act of 1837, 5,000 00 Jan'y 10 174 Benj. A. White, For amount appropriated to them, by the appropriation act of 1837, Inspector of the Penitentiary, 224 00 Jan'y 11 177 P. L. Robinson, For amount appropriated to them, by the appropriation act of 1837, 407 00 Jan'y 11 178 Robert Micklejohn, For amount appropriated to them, by the appropriation act of 1837, Inspector of the Penitentiarybalance, 74 76 Jan'y 12 179 Charlotte Harrison, For amount appropriated to them, by the appropriation act of 1837, 1,000 00 Jan'y 12 180 James G. Powers, For amount appropriated to them, by the appropriation act of 1837, and joint resolution, 39 37 Jan'y 13 183 J. I. C. Upson Co., For amount appropriated to them, by the appropriation act of 1837, 1,200 00 Jan'y 14 186 Smith, Tucker and Marler, [UNK] For amount appropriated to them, by the appropriation act of 1837, and extra work done on the Capitol, 1,856 40 Jan'y 14 187 John C. Rogers, administrator,c., [UNK] For amount appropriated to them, by the appropriation act of 1837, 2,338 16 Jan'y 16 189 E. C. Beard, For the pay (in part) of the guard of 20 men, organized in Stewart Co., under a resolution of 10th December, 1835, 458 68 Jan'y 16 190 William Moore, For amount appropriated to him by the appropriation act of 1837, 1,637 25 Jan'y 25 197 Elijah Calhoun, For the pay of the guard of 20 men, organized in Dooly county, under a resolution of 10th Dec., 1835, 1,560 24 Jan'y 30 201 William Ross, For the pay of himself as one of the Stewart Co. Guard, under a resolution of 10th Dec., 1835 44 33 Feb'y 3 207 Neil Robison, agent, For the pay (in part) of the Stewart County Guard, under a resolution of 10th Dec., 1835 221 65 Feb'y 6 252 Wm. A. Tennille, For his first quarter allowance for clerk hire, as Secretary of State, 187 50 Feb'y 6 253 John Brewster, For his first quarter allowance for clerk hire, as Surveyor Gen. 187 50 Feb'y 6 254 Otis Childs, For his first quarter allowance for clerk hire, for taking care of the State House clock,c., 31 25 Feb'y 6 255 Henry Darnell, For his first quarter allowance for taking care of and airing the Legislative chambers, 31 25 Feb'y 6 256 Robert Micklajohn, For his first quarter salary as Inspector of the Penitentiary, 62 50 Feb'y 6 257 Benj. A. White, For his first quarter salary as Inspector of the Penitentiary, 62 50 Feb'y 6 258 John A. Cuthbert, For that part of his first quarter salary as Inspector of the Penitentiary, 41 66 Feb'y 6 259 A. M. Horton, For that part of his first quarter salary as Inspector of the Penitentiary, 20 84 Feb'y 7 271 S. G. M'Farland, For amount allowed him by the appropriation act of 1837, 144 00 Feb'y 25 293 John Lawhorn, agent, For the pay of the guard organized in Lee county, under a resolution of the 10th Dec. 1835-20 men, 1,564 66 Feb'y 6 316 Commissioners,c. For amount appropriated to them at the last session, to lay out and open a road from Dablonega to Murray county, c. 8,000 00 Feb'y 16 346 Com'rs Oconee River, For amount specially appropriated to them by the act of 27th Dec. 1836, 10,000 00 Feb'y 20 357 Neil Robison, agent, For the balance of the pay of the Stewart county guard, organized under a resolution of the 10th December, 1835, 132 99 Feb'y 20 360 Commissioners Altamaha River, [UNK] For amount allowed them by the appropriation act of 1837, 5,000 00 Feb'y 28 383 L. D. Ford, For furnishing the State's Geologist with geological instruments, 63 50 Feb'y 30 389 Allens, Paddock and Carter, [UNK] For furnishing the State's Geologist with geological instruments, 523 32 April 3 397 John Bates, For his first quarter pay as Principal Keeper of the Penitentiary, 500 00 April 8 403 J. R. Cotting, For balance of his first quarter salary as State's Geologist, 325 00 April 14 417 Wm. S. Wilson, agent, For the pay of the guard of 20 men, organized in Early county, under a resolution of the 10th Dec. 1835, 936 83 April 19 424 C. B. Cluskey, For the best plan furnished by him, of a house for the residence of the Governor, 100 00 April 21 435 Martha Vandiver, For amount appropriated to the legal representatives of Allen Dormon, deceased, 200 00 April 26 443 Rees H. Linn, For amount appropriated to him by the act of 28th December, 1836, 108 80 April 26 448 J. I. C. Walker Co., For amount appropriated to them by the appropriation act of 1837, 200 00 April 28 456 Com'rs Flint River, For amount appropriated to them by the act of 29th December, 1836, 8,000 00 May 1 490 William A. Tennille, For his second quarter salary for clerk hire, as Secretary of State, 187 50 May 1 491 John Brewster, For his second quarter salary for clerk hire, as Surveyor Gen'l, 187 50 May 1 492 Otis Childs, For his second quarter salary for taking care of and winding up the State House clock, 31 25 May 1 493 Henry Darnell, For his second quarter salary taking care of the Legislative chambers, c. 31 25 May 1 494 Robert Micklejohn, For his second quarter salary as Inspector of the Penitentiary, 62 50 May 1 495 Benj. A. White, For his second quarter salary as Inspector of the Penitentiary, 62 50 May 1 496 A. M. Horton, For his second quarter salary as Inspector of the Penitentiary 62 50 May 9 529 John Hall, For furnishing lumber for the erection of a house for the principal Keeper of the Penitentiary, 275 79 May 13 536 S. H. Long, engineer, For the purpose of defraying incidental expenses for a survey of the Western and Atlantic Railroad, 500 00 May 19 564 O. H. Prince, For an advance to him to print his second edition of the Laws of Ga, 5,000 00 May 26 583 Commissioners,c. For amount appropriated to them to open and improve the read from Loudsville to Blairsville,c. per act of 30th Dec. 1836, 4,000 00 May 30 588 Com'rs Ocm. River, For amount appropriated to as Commissioners of the Ocmulgee Riveract 28th December, 1836, 10,000 00 June 13 604 Wms. Rutherford, For an advance to him as undertaker to furnish bricks to build the Government house, 2,500 00 June 29 623 Sup'ts Flint River,c. For one-fourth of the sum appropripriated to them for the improvement of Flint River, per act 29th December, 1836, 2,500 00 July 3 630 John Bates, For his 2d quarter salary as principal keeper of the Penitentiary, due 1st instant 500 00 July 5 637 John Bates, P. K. P., For an advance to him out of the appropriation to build a house for the principal keeper of the Penitentiary, 1,500 00 July 8 652 J. R. Cotting, For his second quarter salary as State's Geologist, 625 00 July 13 662 Com'rs Canouchee R., For one half the amount appropriated to them for the improvement of Canouchee River, per act of 1836, 1,500 00 July 21 689 S. H. Long, For a further advance to him as Chief Engineer for the survey of the Western and Atlantic Railroad, 7,736 50 July 21 690 S. H. Long, For the purchase of instruments, outfit,c. for the survey of the Western and Atlantic Railroad, 2,500 00 July 31 717 Asa Bates, For one-fourth of the appropriation for the improvement of the Chattahoochee Riveract 26th December, 1836, 10,000 00 Aug. 7 761 Wm. A. Tennille, For his third quarter pay for clerk hire as Secretary of State, 187 50 Aug. 7 762 John Brewster, For his third quarter pay for clerk hire as Surveyor Gen'l 187 50 Aug. 7 763 Otis Childs, For his third quarter pay for winding up and taking care of the State House clock, 31 25 Aug. 7 764 Henry Darnell, For his third quarter pay for airing, taking care of the Legislative Chambers, c. 31 25 Aug. 7 765 Robert Micklejohn, For his third quarter pay salary as Inspector of the Penitentiary, 62 50 Aug. 7 766 Benj. A. White, For his third quarter pay salary as Inspector of the Penitentiary, 62 50 Aug. 7 767 A. M. Horton, For his third quarter pay salary as Inspector of the Penitentiary, 62 50 Aug. 18 800 Stephen S. Tardy, For work done on the Surveyor General's office, 7 50 Aug. 25 816 Comm'rs. Ichawaynotchaway river, [UNK] For amount appropriated by act of Dec. 26, 1836, for the improvement of said River, 1,500 00 Aug. 29 820 Com'rs Ohoopy Riv., For one half the amount appropriated by act of Dec. 26, 1836, for the improvement of said River, 1,500 00 Aug. 29 821 Com'rs Flint River, For one-fourth the amount appropriated at the last session for the improvement of said River, 2,500 00 Aug. 30 822 Wm. J. W. Wellborn, For to transmit to the North to purchase articles for building the Government House, 2,000 00 Aug. 31 824 Jno. W. L. Daniel, For an advance to him as contractor to build a railing or fence around the State House square, 1,000 00 Sept. 4 830 R. A. Greene, cashier, For draft on the Governor, paid him, from S. H. Long, chief engineer of the Western and Atlantic Railroad, 1,000 00 Sept. 9 841 Kenedy Dennard, For the pay of the company of scouts raised in Stewart county in 1835, against the Creek Indians, per act of 1835, 286 06 Oct. 7 860 John Bates, P. K. P., For part of the appropriation to build a house for the principal keeper of the Penitentiary, 1,000 00 Oct. 7 861 John Bates, For his third quarter salary as principal keeper of the Penitentiary, due 1st inst. 500 00 Oct. 9 862 T. Haynes, For amount allowed by the appropriation act of 1837, for clerk hire as Treasurer, during the session, 192 00 Oct. 13 867 Pryor Wright, For an advance to him as contractor to furnish lumber for a house for the residence of the Governor, 450 00 Oct. 14 869 John R. Cotting, For his third quarter salary as State Geologist, due 6th inst. 625 00 Nov. 89 23 M. H. Bush, For balance of the pay of the Stewart County Guard, organized in 1835, to protect the frontiers, c. 88 69 Nov. 6 928 Wm. A. Tennille, For his fourth quarter pay for clerk hire as Secretary of State, 187 50 Nov. 6 929 John Brewster, For that part of his fourth quarter pay as Surveyor General, to date of resignation, 141 10 Nov. 6 930 O. Echols, For that part of his fourth quarter pay from appointment, 46 40 Nov. 6 931 O. Childs, For his fourth quarter pay for taking care of and winding up the State House clock, c. 31 25 Nov. 6 932 Henry Darnell, For his fourth quarter pay for taking care of and winding up the Legislative chamber, c. 31 25 Nov. 6 933 Robert Micklejohn, For his fourth quarter salary as Inspector of the Penitentiary, 62 50 Nov. 6 934 Benj. A. White, For his fourth quarter salary as Inspector of the Penitentiary, 62 50 Nov. 6 935 A. M. Horton, For his fourth quarter salary as Inspector of the Penitentiary, 62 50 Total, $140,711 59
Page 18
CONTINGENT FUND1837. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1836. Dec'r 26 112 Z. Chandler, For amount of his insolvent list as tax collector of Coweta county, for the year 1836, 43 17 Dec'r 26 117 E. H. Tyson, For amount of his insolvent list as tax collector of Clarke county, for the year 1836, 15 08 Dec'r 26 118 Tax Col. of Carroll co. For amount of his insolvent list as tax collector of Carroll, 1833 1834, 12 73 Dec'r 26 119 E. N. Calhoun, For amount paid by him for cleaning and repairing public arms, 8 37 Dec'r 26 120 Governor's Secretaries, [UNK] For their fees on grants, passed during the 4th quarter, 1836, 118 25 Dec'r 27 122 W. C. Powell, For various articles of stationery furnished the State House officers, 37 40 Dec'r 27 123 Stovall, Simmons Co. [UNK] For 75 kegs of powder for the State, commissions, storage, forwarding, c. and other articles for the State, 907 29 Dec'r 28 130 Daniel Gartman, For services rendered in cases of small pox, in Walker county, 90 00 Dec'r 18 312 Wm. J. Henry, For three days' service as Indian agent in Walker county, at $3 per day, 9 00 Dec'r 28 132 H. B. Hill, For work done upon the St. House, 24 50 Dec'r 29 138 [Illegible Text] P. V. P. U. S., [UNK] For their services as Electors of President and Vice Pres't of the U. S. 964 00 1837. Jan'y 2 150 Henry Parsons, For furniture for the use of the Executive Department, 248 00 Jan'y 3 152 W. J. W. Wellborn, For the balance of pay of persons, hands, horses, c. hired in working on the State House square, hire of servants during the session, and other small accounts against the State, per account and vouchers, 282 60 Jan'y 4 155 Jacob Fogle, For stationery, c. furnished the State House officers, 41 25 Jan'y 4 158 E. Sinclair, For amount allowed him by a concurred res. of the last session, 400 00 Jan'y 5 159 Lane, Lumpkin and Hammond, [UNK] For stationery and other mdze. furnished the State, per audited acc't, 245 22 Jan'y 6 160 A. H. Brisbane, For amount allowed him, after deducting former advances, as civil engineer, per resolution, 2,543 62 Jan'y 6 161 John H. Currie, For his third quarter salary as military store-keeper at Milledgeville, the fund upon which said third quarter was drawn having been exhausted, between the time of drawing the warrant, 1st August, and presentation, 100 00 Jan'y 9 168 Wm. J. W. Wellborn, For the purpose of paying small accounts against the Ex. Dep't., 100 00 Jan'y 10 171 Edward Coffee, For conveying election returns of a member of Congress, to fill Mr. Town's vacancy, from Rabun Co. to this place, 30 00 Jan'y 10 172 Corns. D. Terhune, For conveying election returns of a member of Congress, to fill Mr. Town's vacancy, from Cass Co. 24 00 Jan'y 11 175 Cowles Daggett, For stationery furnished the State House officers, per audited acc't, 21 45 Jan'y 11 176 Solo. D. Betton, For postage on letters, c. to and from the Executive Department, from 1st Oct. to 1st Jan. 1837, 436 18 Jan'y 18 191 Newell Duncan, For sundry merchandize for State House officers, and canteens for volunteers in the Creek war, 75 37 Jan'y 18 192 Christo. D. Oliver, For riding express for the State, 12 00 Jan'y 23 196 G. Root Son, For beeswax for the Secretary of State's office, 49 74 Jan'y 27 198 Shahan, Beall and Reynolds, [UNK] For carpeting for the Legislative chambers, 154 60 Jan'y 31 203 R. T. Lingo, For his insolvent list as tax collector of Baldwin county, for the year 1834, 17 72 Feb'y 1 205 Geo. Root Son, For various articles of merchandize furnished the State, 37 79 Feb'y 4 212 W. B. Moore, For nine cords of lightwood furnished the State, 36 00 Feb'y 4 214 J. B. Greene Co. For tape furnished the Secretary of State's office, 11 00 Feb'y 6 260 Thomas Pullum, For his first quarter salary as messenger of the Ex. Department, 125 00 Feb'y 6 263 Henry Darnell, For the first qu'r pay of the guard kept at the State House, candles, oil, c. 350 00 Feb'y 6 264 Gov.'s Secretaries, For their fees on grants passed during the first qaarter, c. 518 48 Feb'y 7 270 Joseph Tillman, For riding express to Gen. Wilcox during the Creek war, 1836, 16 00 Feb'y 9 275 Jas. M. Harris, For the amount of his insolvent list as tax collector of Taliaferro Co. for the year 1831, 15 31 Feb'y 11 230 Thomas B. Stubbs, For various articles of merchandize furnished the State House officers, 34 75 Feb'y 13 283 F. M. Stone, For his third quarter salary as military store-keeper at Savannah, the fund open which it was drawn having been exhausted between the time of drawing the warrant, 1st August, 1836, and the presentation at the comptroller General's office, 60 00 Feb'y 14 286 F. M. Stone, For his 4th quarter salary as military store-keeper at Savannah, the fund open which it was drawn having been exhausted between the time of drawing the warrant, 5th November, 1835, and the presentation at the Comptroller General's office, 60 00 March 1 308 Thomas Pullum, For 100 cords of wood furnished the Legislature and the State House offices, per contract, 275 00 March 4 315 James Gladdin, For repairing and cleaning 80 muskets in the Arsenal at Milledgv., 57 50 March 6 317 James Wofford, For his commissions as Dep'y. Sheriff of Cass Co., for advertising and selling State's interest in fraudulent lot No. 219, 23, 2, 15 00 March 18 349 Samuel Braswell, For amount allowed him by a concurred resolution of the 16th December, 1836, 30 00 March 20 356 John Poll, For the best plan for a house for the residence of the Governor, as approved by the Committee, 100 00 March 21 365 Wm. B. Mooro, For ten cords of lightwood furnished the State House officers, 30 00 March 24 379 Alex. Morrison, For binding, c. various record books for the use of the State, 128 50 April 1 393 Philip T. Schley, For freight of public arms, c. from Columbus to Milledgeville, at $1,25 per hundred, 37 86 April 5 402 Solo. D. Betton, For postage on letters, c. to and from the Executive Department, from 1st January to 1st April, 1837, inclusive, 612 00 April 14 411 James A. Sweat, For his insolvent list as tax collector of Ware county, for the years 1831, '2, '3 and '4, 8 21 April 14 418 John Brewster, For postage by him on official letters, c. as Sarveyor General, 6 32 April 15 422 Wm. B. Moore, For ten cords of wood furnished the State House, 30 00 April 20 428 J. B. Webb, For services as Secretary to the Governor, while at Columbus, during Creek war, 70 00 April 20 431 Stovall, Simmons Co., [UNK] For red tape, c. furnished the Secretary of State, per bill, 158 65 April 24 437 James Wofford, For fees as Sheriff of Cass Co., in advertising and selling State's half of fraudulent let No. 124, 5, 3, 26 87 April 25 440 Cowles Daggett, For stationary c. for the officers of the State House, 31 50 April 25 441 C D Hammond, For balance of the 4th quarter pay of the guard kept at the State House 56 00 April 26 449 Asa Dickson, For his fees as sh'ff of Walker co. in advertising and selling State's half of fraudulent lot No. 81, 7, 4, 32 65 May 1 497 Thomas Pullum, For his second quarter salary as messenger of the Executive Department, 125 00 May 1 498 Henry Darnell, For his pay of the guard kept at the State House, oil, candles, c. 346 25 May 1 499 Gov.'s Secretaries, For their fees on grants, c. passed during the second quarter, 204 31 May 8 526 C. A. Ells, For stationery furnished the State, as per audited account, 98 12 May 16 552 John E. Ward, For cost paid by him for the State, in the case of the State vs. Wm. B. Davis, in Glynn Sup. Court, 20 00 May 17 557 W. C. Powell, For stationary furnished the State, per audited account, 29 50 May 20 566 John McWhirt, For carrying the laws, journals, c. of 1836 to 9 counties, per contract No. 1, 104 00 May 22 567 Rhesa Bostick, For carrying the laws, journals, c. of 1836 to 10 counties, per contract No. 2, 63 00 May 22 568 S. Dixon, For carrying the laws, journals, c. of 1836 to 8 counties, per contract No. 3, 66 00 May 24 574 Thomas Pullum, For furnishing twine and tying up the laws and journals of 1836, for distribution, 35 00 May 29 587 John G. Park, For carrying the laws and journals of 1836 to 9 counties, per contract No. 10, 129 00 May 30 589 Ann Marler, adm'rx. For work done on the State House, by her husband, the late John Marler, 28 12 June 8 598 Samuel Tucker, For work done on the State House, per audited account, 79 75 June 9 600 T. Haynes, For paying sundry acc'ts against the State, as Treasurer, before the appropriation of the contingent fund of 1837, 123 99 June 13 605 Nichols Deming, For fire dogs, c. furnished the State House officers, 13 30 June 15 606 Wm. McConnell, For riding express for the State to Maj. Gen. Terreil, during the Creek war, 1836, 18 96 June 22 613 Thomas Carter, For carrying the laws and journals of 1836 to 11 counties, per contract No. 9, 147 00 June 26 617 Richard Stoy, For stationary for the approaching Legislature, and the Executive Department, 648 48 July 1 626 James Gladdin, For cleaning and repairing 350 muskets in the Arsenal at Milledgeville, 271 87 July 1 627 Joseph Sturgis, For riding express from Gen. Lowe to the Governor, during the Creek war, 1836, 29 29 July 3 628 Rhesa Bostick, For carrying the laws and journals of 1836 to 24 counties, per contracts Nos. 4, 5 and 6, 237 00 July 3 629 John J. Bullington, For transportation of stationery from Augusta to Milledgeville, 18 90 July 6 639 Solo. D. Betton, O For postage on letters, c. to and from the Executive Department, from 1st April to 20th June, 301 10 July 11 659 Penitentiary of Geo., For work done the State, as per two audited accounts, including tents, and materials, c. for the State Engineer, 267 49 July 12 661 Adam Jones, For carrying the laws and journals of 1836 to ten counties, per contract No. 10, 107 00 July 14 671 Corporation of Columbus, [UNK] For amount expended by them in cases of small pox, c. per act of 29th December, 1836, 1,020 75 July 15 678 Corporation of Savannah, [UNK] For amount expended by them in cases of small pox, c. per act of 28th December, 1836, 701 82 July 20 688 Stephen S. Tardy, For work done in the various offices of the State House, per audited account, 11 00 July 22 697 John L. Barringer, For work done on the Central Bank office, 165 00 July 29 714 David B. Perryman, For carrying the laws and journals of 1836 to 9 counties, per contract No. 8, 87 00 Aug. 7 768 Thomas Pullum, For his third quarter pay as messenger of the Executive Department, 125 00 Aug. 7 769 Henry Darnell, For his third quarter pay of the guard kept at the State House, oil, candles, c., 380 50 Aug. 7 770 Gov.'s Secretaries, For their fees on grants, c. passed during the third quarter, 145 10 Aug. 16 794 John L. Barringer, For work done on the Surveyor General's office and the Arsenal, 174 75 Aug. 25 814 Daniel B. Rich, Captain, c. [UNK] For amount due the Baker County Guard, organized under a resolution of 1835, against the C'k Inds. 754 79 Sept. 12 842 Tomlinson Fort, For amount expended by him as agent of the State in procuring and distributing vaccine matter, 33 00 Sept. 14 843 James Gladdin, For cleaning and repairing 200 muskets in the Arsenal at Milledgeville, 262 50 Sept. 26 854 Alex'r Morrison, For various stationery work for the State House officers, 22 25 Oct. 11 864 Sol. D. Betton, For postage on letters, papers, c. to and from the Executive Department, from 1st July to 1st October, 1837, 231 86 Oct. 12 865 Edward Coffee, For bringing the election returns for Governor from Rabun county to Milledgevilledistance there and back 350 miles, 50 00 Oct. 13 868 James H. Maxwell, For his per cent. in purchasing horses, harness, c. for the Engineer Department, 56 91 Oct. 19 877 Wm. McMurray, For surveying and laying offf inclosure for the railing of the State House, 5 00 Oct. 19 878 James Gladdin, For cleaning and repairing 200 muskets in the Arsenal at the State Capitol, 143 75 Oct. 24 881 W. B. Moore, For 20 cords of lightwood furnished the State, 70 00 Oct. 27 884 Sol. D. Betton, For postage on letters, c. to and from the Executive Department, from 1st to 24th October, 274 71 Nov. 1 891 J. P. Thompson, For 74 days' service as interpreter to C. D. Terhune, State Indian Agent in the Cherokee country, 185 00 Nov. 3 894 R. A. Greene, For the hire of a negro man ten months, boarding and clothing him, to attend on the different offices of the State House, 200 00 Nov. 4 895 Henry Darnell, For articles purchased by him for the Legislative chambers, 60 00 Nov. 4 896 Wm. J. W. Wellborn and B. H. Robinson, [UNK] For extr. services performed by them as Secretaries of the Ex. Deptm't, 173 62 Nov. 6 936 Tomas Pullum, For his 4th quarter salary as Messenger of the Ex. Department, 125 00 Nov. 6 937 Henry Darnell, For the pay of the guard kept at the State House during the 4th quarter, 357 50 Nov. 6 938 Gov.'s Secretaries, For their fees on grants during the fourth quarter, 108 50 Total, $19,409 73
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MILITARY FUND1836-'7. Date. No. In whose favor drawn. For what purpose drawn and to what fund chargeable. Amount. 1836. Dec'r. 26 116 Wm. T. Townsend, For bearing express from General Wilcox, to the Commander-in-Chief, c., ten and a half days, $42 00 Dec'r. 28 135 Edward Coffee, For 28 days' service as Inspector of the 1st Brigade of the 7th Division (at $4) Georgia Militia, 112 00 1837. Jan'ry 2 151 John Butt, Jr. For 21 days' service as Inspector of the 2d Brigade of the 7th Division (at $4) Georgia Militia, 84 00 Jan'ry 14 185 John H. McMath, For 8 days' service as Inspector of the 2d Brigade of the 9th Division (at $4) Georgia Militia, 32 00 Jan'ry 16 188 Wm. C. Redding, For 15 days' service as Inspector of the 2d Brigade of the 8th Division (at $4) Georgia Militia, 60 00 Feb'y 6 261 John H. Currie, For his first quarter salary as Military Storekeeper at Milledgeville, 150 00 Feb'y 6 262 F. M. Stone, For his first quarter salary as Military Storekeeper at Savannah, 60 00 Feb'y 11 282 Wiley J. Garrard, For 23 days' service as Inspector of the 2d Brigade of the 12th Division, at $4, 92 00 Feb'y 13 284 Wm. P. White, For 40 days' service as Inspector of the 1st Brigade of the 1st Division, at $4, 160 00 Feb'y 25 296 Thomas Akins, For 6 days' service as Inspector of the 2d Brigade of the 11th Division, at $4, 24 00 Feb'y 25 297 G. D. Anderson, For one days' service as Inspector of the 2d Brigade of the 11th Division, at $4, 4 00 March 10 326 Wm. Ezzard, Pres't, For the pay of the officers of the Court Martial, upon the trial of Major Terry, of De Kalb County, 268 48 March 20 361 W. Robertson, Pres't, For the pay of the officers of the Court Martial, upon the trial of Capt. Russell, of Chatham Co., 94 00 March 22 369 Michael Hentz, For two expresses paid by him during the Creek war, in 1836, 24 00 March 22 370 Ezekiel Lester, For 40 days' service as Inspector of the 2d Brigade of the 1st Division, at $4, 160 00 March 23 374 Daniel Newnan, For his first quarter salary as Adjutant General of the State, 400 00 March 30 390 Wm. Turk, For 13 days' service as Inspector of the 2d Brigade of the 4th Division, 52 00 April 1 394 S. Wiggins and C. Roe, [UNK] For bearing expresses from Gen'l Wilcox, during the Cr'k war, 1836, 34 89 April 12 409 Bailey Bell, For 7 days' service as Inspector of the 1st Brigade of the 5th Division, 28 00 April 17 423 A. B. Pope, For riding express to the Governor during the Creek war, 1836, 9 00 April 22 436 J. H. Cunningham, For ten days' service as Inspector of the 2d Brigade of the 5th Division, 40 00 April 27 452 Elisha Strong, For six days' service as Inspector of the 2d Brigade of the 3d Division, 24 00 May 1 500 John H. Currie, For his 2d quarter salary as Military Storekeeper at Milledgeville, 150 00 May 1 501 F. M. Stone, For his 2d quarter salary as Military Storekeeper at Savannah, 60 00 May 11 530 William Beall, For his first quarter salary (due 23d March last) as Assistant Adjutant General, 400 00 May 15 538 Meade Leseuer, For ten days' service as Inspector of the 2d Brigade of the 8th Division, 40 00 May 16 549 G. Clark, President, For the pay of the officers of the Court Martial upon the trial of Captain McEwin, of Monroe Co., 286 50 May 23 573 Hopkins Holsey, For ten days' service as Inspector of the 1st Brigade of the 10th Division, 40 00 May 25 578 Daniel Newnan, For the pay of musicians employed by him as Adjutant General, 3 50 May 31 599 S. A. H. Jones, For ten days' service as Inspector of the 2d Brigade of the 2d Division 40 00 June 26 618 William Beall, For his second quarter salary (due 23d) as assistant adjutant General, 400 00 July 22 696 Daniel Newnan, For the pay of musicians employed by him as Adjutant Generalact of 1836, 55 00 Aug. 7 771 John H. Currie, For his third quarter salary as Military Storekeeper at Milledgeville, 150 00 Aug. 7 772 F. M. Stone, For his third quarter salary as Military Storekeeper at Savannah, 60 00 Aug. 10 780 W. T. Smith, For riding express from Cuthbert to to various places, during the Creek, war, in 1836, 31 98 Aug. 10 781 Ollen Barbary For riding express from Cuthbert to to various places, during the Creek, war, in 1836, 23 33 Sept. 25 850 William Beall, For his third quarter salary as assistant Adjutant General, 400 00 Oct'r 25 882 Daniel Newnan, For his 2d and 3d quarters salary as Adjutant General, (due 23d June and 23d September, 800 00 Nov. 6 939 John H. Currie, For his 4th quarter salary as Military Storekeeper at Milledgeville, 150 00 Nov. 6 940 F. M. Stone, For his 4th quarter salary as Military Storekeeper at Savannah, 60 00 Total, $5,104 68
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PRINTING FUND1836. Date. No. In whose favor drawn. For what purpose drawn and to what fund chargeable. Amount. 1836. Nov'r. 10 13 J. G. McWhorter, For various printing done for the State in the Georgia Courier, including the Bank Reports for April, 1836, 400 25 Nov'r. 16 27 A. B. Longstreet, For printing done for the State in the Augusta Sentinel, 8 25 Nov'r. 23 34 Wm. A. Mercer, For printing done for the State in the Washington News, 13 50 Dec'r. 9 62 Guieu Thompson, For various printing done for the State in the Constitutionalist, including the Bank Reports for April, 1836, 389 00 Dec'r. 17 76 S. Rose Co. For printing done for the State in the Georgia Messenger, 7 50 Dec'r. 17 77 Wm. B. Harrison, For printing done for the State in the Covington paper, 10 50 Dec'r. 17 78 James T. Hay, For printing done for the State in the Southern Spy, 6 00 Dec'r. 20 84 Wm. H. Bulloch, For printing done for the State in the Savannah Georgian, including Bank Reports for April, 1836, c. 372 94 Dec'r. 20 87 John A. Cuthbert, For printing various blanks for the Surveyor General, 50 50 Dec'r. 22 93 A. H. Pemberton, For printing done for the State in the Augusta Chronicle, 54 50 Total, $1,312 94
Page 25
PRINTING FUND1837. Date. No. In whose favor drawn. For what purpose drawn and to what fund chargeable. Amount. 1836. Dec'r. 29 139 P. L. Robinson, For an advance to him as printer of the laws and journals of 1836, 1,000 00 1837. Jan'ry 19 193 P. L. Robinson. For printing the job work of the Legislature, per contract with the Committee, and per account, 1,036 50 Feb'ry 4 213 Jno. A. Cuthbert, For audited account for printing done for the State in the Federal Union, 194 75 Feb'ry 27 301 P. L. Robinson, For audited account for printing done for the State in the Standard of Union, 774 87 March 1 309 B. H. Robinson, For the purpose of paying Executive subscription to Farmer and Gardner, 10 00 March 6 318 Sam'l Hood Co. For printing done for the State in in the Cassville Gazette, per audited account, 9 00 March 21 366 Thomas Ritchie, For Executive subscription to Richmond Enquirer, up to 1st December, 1837, 5 00 March 22 367 B. H. Robinson, For the purpose of paying Executive subscription to the North American Magazine, for two years, to 31st December, 1836, 10 00 April 11 406 John A. Cuthbert, For Executive subscription to the Federal Union, from 10th July, 1830, to the 4th April, 1837, 26 12 April 20 427 J. B. Webb Co. For printing done for the State in the Columbus Herald, 12 50 April 26 442 B. H. Robinson, For the purpose of paying Executive subscription to the North American Review, from January, 1837, to January, 1838, 5 00 May 8 527 P. L. Robinson, For the balance of printing the laws and journals of 1836, per contract, 5,907 25 May 1 502 Geo. Oats, agent, For Executive subscription to N. A. Review, to December 31st, 1836; Nat'l Intelligencer, to 26th August, 1836; Globe, to 27th December, 1837, c., 56 00 May 15 541 E. De LaMotta, For printing done for the State in the Savannah Republican, 22 67 May 18 561 P. L. Robinson, For audited account for the State, in the Standard of Union, 296 25 June 3 594 S. W. Minor, For audited account for the State in the De Kalb Gazette, 68 00 June 17 608 James T. Hay, For printing various public laws of the last session, c. and the Bank Reports for April, 1837, in the Southern Spy, 454 25 June 21 610 Guieu Thompson, For printing various public laws of the last session, c. and the Bank Reports for April, 1837, in the Constitutionalist, 459 10 June 21 611 John G. Park, For printing various public laws of the last session, c. and the Bank Reports for April, 1837, in the Federal Union, 716 00 June 22 612 Cline Iverson, For printing various public laws of the last session, c. and the Bank Reports for April, 1837, in the Columbus Sentinel, 485 00 June 22 614 Grieve Orme, For printing done for the State, per audited account, in the Southern Recorder, 246 62 June 23 616 Wm. S. Rockwell, For printing done for the State, per audited account and the Bank Reports for April, in the Georgia Journal, 608 79 June 28 622 H. Raiford, For audited account for printing done for the State in the Georgia Courier, 74 25 July 7 645 John A. Cuthbert, For audited account for printing done for the State in the Federal Union, 191 50 July 26 707 Albon Chase, For audited account for printing done for the State and Bank Reports for April, public laws, c. c. in the Southern Banner, 568 37 July 29 716 Myron Bartlett, For audited account for printing done for the State and Bank Reports for April, public laws, c. c. in the Georgia Telegraph, 512 25 Aug. 3 721 Wm. H. Bulloch, For audited account for printing done for the State and Bank Reports for April, public laws, c. c. in the Savannah Georgian, 482 05 Aug. 4 726 M. H. Gathright, For audited account for printing done for the State and Bank Reports for April, public laws, c. c. in the Miner's Recorder, 483 00 Aug. 25 817 P. L. Robinson, For audited account for printing done for the State and Bank Reports for April, public laws, c. c. in the Standard of Union, 481 87 Sept. 1 828 P. L. Robinson, For an advance to him as Public or State Printer, to buy stationery, c., 1,500 00 Oct'r 30 885 S. W. Minor, For printing done for the State in the De Kalb Gazette, 33 00 Total, $16,729 96
Page 26
CIVIL ESTABLISHMENT1837. Date. No. In whose favor drawn. For what purpose drawn and to what fund chargeable. Amount. 1837. Feb'y 6 221 William Schley, For his 1st qr. salary as Governor, c. $750 00 Feb'y 6 222 W. J. W. Wellborn, For his 1st qr. salary as Sec'y Ex. Department, 312 50 Feb'y 6 223 B. H. Robinson, For his 1st qr. salary as Sec'y Ex. Department, 312 50 Feb'y 6 224 H. B. Gaither, For his 1st qr. salary as Sec'y Ex. Department, 312 50 Feb'y 6 225 Wm. A. Tennille, For his 1st qr. salary as Secretary of State, 500 00 Feb'y 6 226 Thomas Haynes, For his 1st qr. salary as Treasurer, 500 00 Feb'y 6 227 John Brewster, For his 1st qr. salary as Surveyor General, 500 00 Feb'y 6 228 John G. Park, For his 1st qr. salary as Comptroller General, 500 00 Feb'y 6 229 John T. Lamar, For his 1st qr. salary as Secretary of Senate, 150 00 Feb'y 6 230 Joseph Sturgis, For his 1st qr. salary as Clerk House Reps., 150 00 Feb'y 6 231 R. M. Charlton, For his 1st qr. salary as Judge Sup'r Courts, 525 00 Feb'y 6 232 John Shly, For his 1st qr. salary as Judge Sup'r Courts, 525 00 Feb'y 6 233 Garnett Andrews, For his 1st qr. salary as Judge Sup'r Courts, 525 00 Feb'y 6 234 Thos. W. Harris, For his 1st qr. salary as Judge Sup'r Courts, 525 00 Feb'y 6 235 Jno. G. Polhill. For his 1st qr. salary as Judge Sup'r Courts, 525 00 Feb'y 6 236 A. M. D. King, For his 1st qr. salary as Judge Sup'r Courts, 525 00 Feb'y 6 237 A. A. Morgan, For his 1st qr. salary as Judge Sup'r Courts, 525 00 Feb'y 6 238 Hiram Warner, For his 1st qr. salary as Judge Sup'r Courts, 525 00 Feb'y 6 239 Alfred Iverson, For his 1st qr. salary as Judge Sup'r Courts, 525 00 Feb'y 6 240 O. H. Kenan, For his 1st qr. salary as Judge Sup'r Courts, 525 00 Feb'y 6 241 Ebenezer Starnes, For his 1st qr. salary as Attorney General, 56 25 Feb'y 6 242 R. O. Davidson, For his 1st qr. salary as Solicitor General, 56 25 Feb'y 6 243 James H. Stark, For his 1st qr. salary as Solicitor General, 56 25 Feb'y 6 244 Junius Hillyer, For his 1st qr. salary as Solicitor General, 56 25 Feb'y 6 245 H. L. Benning, For his 1st qr. salary as Solicitor General, 56 25 Feb'y 6 246 Wm. W. Wigins, For his 1st qr. salary as Solicitor General, 56 25 Feb'y 6 247 A. G. Semmes, For his 1st qr. salary as Solicitor General, 56 25 Feb'y 6 248 Henry L. Sims, For his 1st qr. salary as Solictior General, 56 25 Feb'y 6 249 Young J. Long, For that part of Solicitor General, 29 37 Feb'y 6 250 G. D. Anderson, For that part of Solicitor General, 26 88 Feb'y 6 251 John E. Ward, For his 1st qr. salary as Solicitor General, 56 25 May 1 460 William Schley, For his 2d quarter salary as Gov'r, c., 750 00 May 1 461 W. J. Wellborn, For his 2d quarter salary as Sec'y Ex. Department, 312 50 May 1 462 B. H. Robinson, For his 2d quarter salary as Sec'y Ex. Department, 312 50 May 1 463 Jno. R. Anderson, For that part of Sec'y Ex. Department, 138 88 May 1 464 Wm. A. Tennille, For his 2d. qr. salary as Sec'y of State, 500 00 May 1 465 Thomas Haynes, For his 2d. qr. salary as Treasurer, 500 00 May 1 466 John Brewster, For his 2d. qr. salary as Surveyor General, 500 00 May 1 467 John G. Park, For his 2d qr. salary as Compt. General, 500 00 May 1 468 John T. Lamar, For his 2d qr. salary as Sec'y of the Senate, 150 00 May 1 469 Joseph Sturgis, For his 2d qr. salary as Clerk House Reps., 150 00 May 1 470 R. M. Charlton, For his 2d qr. salary as Judge Sup'r Courts, 525 00 May 1 471 John Shly, For his 2d qr. salary as Judge Sup'r Courts, 525 00 May 1 472 Garnett Andrews, For his 2d qr. salary as Judge Sup'r Courts, 525 00 May 1 473 T. W. Harris, For his 2d qr. salary as Judge Sup'r Courts, 525 00 May 1 474 John G. Polhill, For his 2d qr. salary as Judge Sup'r Courts, 525 00 May 1 475 A. M. D. King, For his 2d qr. salary as Judge Sup'r Courts, 525 00 May 1 476 A. A. Morgan, For his 2d qr. salary as Judge Sup'r Courts, 525 00 May 1 477 Hiram Warner, For his 2d qr. salary as Judge Sup'r Courts, 525 00 May 1 478 O. H. Kenan, For his 2d qr. salary as Judge Sup'r Courts, 525 00 May 1 479 Alfred Iverson, For his 2d qr. salary as Judge Sup'r Courts, 525 00 May 1 480 Ebenezer Starnes, For his 2d qr. salary as Attorney General, 56 25 May 1 481 R. O. Davidson, For his 2d qr. salary as Solicitor General, 56 25 May 1 482 James H. Stark, For his 2d qr. salary as Solicitor General, 56 25 May 1 483 Junius Hillyer, For his 2d qr. salary as Solicitor General, 56 25 May 1 484 H. L. Benning, For his 2d qr. salary as Solicitor General, 56 25 May 1 485 Wm. W. Wigins, For his 2d qr. salary as Solicitor General, 56 25 May 1 486 F. A. Nesbit, For that part of Solicitor General, 21 00 May 1 487 Henry L. Sims, For his 2d qr. salary as Solicitor General, 56 25 May 1 488 Geo. D. Anderson, For his 2d qr. salary as Solicitor General, 56 25 May 1 489 John E. Ward, For his 2d qr. salary as Solicitor General, 56 25 Aug. 7 731 William Schley, For his 3d quarter salary as Gov'r, c., 750 00 Aug. 7 732 W. J. W. Wellborn, For his 3d quarter salary as Sec'y Ex. Department, 312 50 Aug. 7 733 B. H. Robinson, For his 3d quarter salary as Sec'y Ex. Department, 312 50 Aug. 7 734 J. R. Anderson, For his 3d quarter salary as Sec'y Ex. Department, 312 50 Aug. 7 735 Wm. A. Tennille, For his 3d quarter salary as Secretary of State, 500 00 Aug. 7 736 Thomas Haynes, For his 3d quarter salary as Treasurer, 500 00 Aug. 7 737 John Brewster, For his 3d quarter salary as Surveyor General, 500 00 Aug. 7 738 John G. Park, For his 3d quarter salary as Comptroller General, 500 00 Aug. 7 739 John T. Lamar, For his 3d quarter salary as Secretary of Senate, 150 00 Aug. 7 740 Joseph Sturgis, For his 3d quarter salary as Clerk House of Reps., 150 00 Aug. 7 741 R. M. Charlton, For that part of his 3d quarter salary Judge of the Superior Courts, 350 00 Aug. 7 742 John Shly, For his 3d qr. salary as Judge of the Superior Courts, 525 00 Aug. 7 443 Garnett Andrews, For his 3d qr. salary as Judge of the Superior Courts, 525 00 Aug. 7 744 T. W. Harris, For his 3d qr. salary as Judge of the Superior Courts, 525 00 Aug. 7 745 John G. Polhill, For his 3d qr. salary as Judge of the Superior Courts, 525 00 Aug. 7 746 A. M. D. King, For his 3d qr. salary as Judge of the Superior Courts, 525 00 Aug. 7 747 A. A. Morgan, For his 3d qr. salary as Judge of the Superior Courts, 525 00 Aug. 7 748 Hiram Warner, For his 3d qr. salary as Judge of the Superior Courts, 525 00 Aug. 7 749 O. H. Kenan, For his 3d qr. salary as Judge of the Superior Courts, 525 00 Aug. 7 750 Alfred Iverson, For his 3d qr. salary as Judge of the Superior Courts, 525 00 Aug. 7 751 Ebenezer Starnes, For his 3d qr. salary as Attorney General, 56 25 Aug. 7 752 R. O. Davidson, For his 3d qr. salary as Solicitor General 56 25 Aug. 7 753 James H. Stark, For his 3d qr. salary as Solicitor General 56 25 Aug. 7 754 Junius Hillyer, For his 3d qr. salary as Solicitor General 56 25 Aug. 7 755 H. L. Benning, For his 3d qr. salary as Solicitor General 56 25 Aug. 7 756 F. A. Nesbit, For his 3d qr. salary as Solicitor General 56 25 Aug. 7 757 Wm. W. Wigins, For his 3d qr. salary as Solicitor General 56 25 Aug. 7 758 Henry L. Sims, For his 3d qr. salary as Solicitor General 56 25 Aug. 7 759 G. D. Anderson, For his 3d qr. salary as Solicitor General 56 25 Aug. 7 760 John E. Ward, For his 3d qr. salary as Solicitor General 56 25 Nov'r 6 897 William Schley, For his 4th quarter salary as Gov'r, c., 750 00 Nov'r 6 898 W. J. W. Wellborn, For his 4th quarter salary as Sec'y Ex. Department, 312 50 Nov'r 6 899 B. H. Robinson, For his 4th quarter salary as Sec'y Ex. Department, 312 50 Nov'r 6 900 J. R. Anderson, For his 4th quarter salary as Sec'y Ex. Department, 312 50 Nov'r 6 901 Wm. A. Tennille, For his 4th quarter salary as Secretary of State, 500 00 Nov'r 6 902 Thomas Haynes, For his 4th quarter salary as Treasurer, 500 00 Nov'r 6 903 John Brewster, For that part of his 4th quarter salary as Surveyeyor General, to resignation, 376 28 Nov'r 6 904 O. Echols, For that part of his 4th quarter salary as Surveyeyor General, from appointment, 123 72 Nov'r 6 905 John G. Park, For his 4th qr. salary as Comp't General, 500 00 Nov'r 6 906 John T. Lamar, For his 4th qr. salary as Sec'y of the Senate, 150 00 Nov'r 6 907 Joseph Sturgis, For his 4th qr. salary as Clerk House Reps., 150 00 Nov'r 6 908 C. S. Henry, For that part of his 4th quarter salary as Judge of the Superior Courts, from his appointment, 384 50 Nov'r 6 909 John Shly, For his 4th qr. salary as Judge S. Courts, 525 00 Nov'r 6 910 Garnett Andrews, For his 4th qr. salary as Judge S. Courts, 525 00 Nov'r 6 911 T. W. Harris, For his 4th qr. salary as Judge S. Courts, 525 00 Nov'r 6 912 John G. Polhill, For his 4th qr. salary as Judge S.Courts, 525 00 Nov'r 6 913 A. M. D. King, For his 4th qr. salary as Judge S. Courts, 525 00 Nov'r 6 914 A. A. Morgan, For his 4th qr. salary as Judge S. Courts, 525 00 Nov'r 6 915 Hiram Warner, For his 4th qr. salary as Judge S. Courts, 525 00 Nov'r 6 916 O. H. Kenan, For his 4th qr. salary as Judge S. Courts, 525 00 Nov'r 6 917 Alfred Iverson, For his 4th qr. salary as Judge S. Courts, 525 00 Nov'r 6 918 Ebenezer Starnes, For his 4th qr. salary as Attorney General, 56 25 Nov'r 6 919 R. O. Davidson, For his 4th qr. salary as Solicitor General, 56 25 Nov'r 6 920 James H. Stark, For his 4th qr. salary as Solicitor General, 56 25 Nov'r 6 921 Junius Hillyer, For his 4th qr. salary as Solicitor General, 56 25 Nov'r 6 922 H. L. Benning, For his 4th qr. salary as Solicitor General, 56 25 Nov'r 6 923 F. A. Nisbet, For his 4th qr. salary as Solicitor General, 56 25 Nov'r 6 924 Wm. W. Wigins, For his 4th qr. salary as Solicitor General, 56 25 Nov'r 6 925 Henry L. Sims, For his 4th qr. salary as Solicitor General, 56 25 Nov'r 6 926 G. D. Anderson, For his 4th qr. salary as Solicitor General, 56 25 Nov'r 6 927 John E. Ward, For his 4th qr. salary as Solicitor General, 56 25 Total, $38,394 38
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RECAPITULATION. Appropriation for County Academies, $23,282 32 Poor School Fund, 18,265 13 Free School and Education Fund, 2,000 00 Special Appropriation, 1835, 1,202 50 Special Appropriation, 1836, 6,846 42 Special Appropriation, 1837, (Volunteer Law,) 107,850 07 Special Appropriation, 1837, 140,711 59 Contingent Fund, 1837, 19,409 73 Military Fund, 1836-'7, 5,104 68 Printing Fund, 1836, 1,312 94 Printing Fund, 1837, 16,729 96 Civil Establishment, 1837, 38,394 38 Total, $381,109 72 EXECUTIVE DEPARTMENT, GEORGIA, [UNK] Milledgeville, 6th November, 1837. [UNK] Certified by WM. J. W. WELLBORN, Secretary Ex. Dep't.
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CONDITION OF ACADEMIES. Counties. Academies. Brs. of Educa. Number of Students. Receipts. Expend'rs. On hand. Remarks. Male. Female Total Appling, Baker, Baldwin, County M. and F. Various, 37 39 76 79 50 Bibb, County M. and F. Various, 163 116 279 117 51 117 51 Bibb, Vineville, M. and F. 55 55 110 All receipts expended. No further reports, only flourishing. Bulloch, County, At interest, $4,701 38all in good hands. The interest is made a part of the Poor School Fund. Bryan, Burke, Waynesborough, Various, 21 26 47 87 50 87 50 Burke, Pleasant Grove, English, 31 18 49 357 00 61 75 295 25 All former moneys received are disbursed with. Butts, Cool Spring, 40 19 59 All receipts expended. Butts, Jackson, 88 195 00 94 02 100 98 Camden, County, English, 8 7 15 887 79 526 63 361 16 This Academy is in a flourishing condition. Campbell, Campbellton, English, 14 26 40 174 00 174 00 Flourishing. Carroll, Carrollton, Lower, 21 24 45 At interest, $400. This Academy had not received its last year's dividend, when this report was made out. Carroll, Villa Rica, 27 17 44 No further report, only flourishing. Chatham, County, 500 1714 42 90 10 1624 32 In addition to the number taught at this Academy, there were thirteen charity scholars. Chatham, Savannah M. and F. 60 25 85 922 40 631 93[UNK] 290 46 Clarke, Fr. College, Various, 120 120 Clarke, Watkinsville, English, 56 65 121 130 54 241 14 Clarke, Salem Ma. English, 27 No further report, Clarke, Salem Female, English, 33 60 No further report. Cass, Cherokee, Has not gone into operation yetfunds exhausted in erecting an Academy. Cobb, Columbia, County, Various, 50 1146 60 881 24[UNK] 265 35 The Teacher being sick, no report is made of the number of each sex. Columbia, Oak Hill, Various, 29 14 43 This Ac. is in a very flourishing condition. Coweta, Newnan, Various, 48 39 87 Crawford, Crawfordville, Various, 63 41 104 1121 93[UNK] 503 71 618 22 Flourishing. Crawford, Clayton, 37 28 65 No dividend received, consequently none expended. Crawford, Hopewell, English, 18 34 52 000 00 000 00 000 00 Flourishing. Crawford, Mount Carmel, English, 14 16 30 191 00 600 00 Notes on hand to the amount of $275,00. It appears that the $191,00 was received in 1837. Decatur, Pleasant Grove, Lower, 21 19 40 217 00 340 51 The receipt is from subscription. This Academy is in debt $123,50. De Kalb, County, Various, 49 49 98 All receipts expended. Dooly, Early, Blakely, English, 21 21 42 37 93[UNK] In addition, there is a considerable fund of notes at interest, and cash on hand as at last report. Effingham, No report. Elbert, Elberton Male, Various, 43 15 58 442 00 410 00 The expenditure is a part of teacher's salary. Elbert, Elberton Female, Various, 7 36 43 The former treasurer died Feb. last; consequently the trustees make no further report. Elbert, Philemathea, Various, 29 10 39 240 73 240 73 Emanuel, Fayette, Floyd, Forsyth, 32 17 49 Franklin, County, 52 30 82 1382 94 148 87 At interest, $200,00. Gilmer, Glynn, Greene, Greensboro M. F. 45 75 120 1282 26 323 47 958 79 One student instructed in the female department out of the Poor School Fund. Gwinnett, Washington, Lower, 65 35 100 250 90 108 00 142 90 Gwinnett, Lawrenceville, Various, 56 18 74 301 10 163 56 137 54 Habersham, County, Various, 40 511 00 At interest, $334,00. The teacher will be paid $175, January, 1838. Hall, County, Various, 29 30 59 971 21 614 54 55 67 At interest $300,00. Hancock, Sparta Male, 54 39 93 Hancock Sparta Female, 114 114 Hancock, Powelton, 28 20 48 Three students instructed out of the Poor Sch. Fund. Hancock, Mount Zion, Various, 32 12 44 Fast retaining its former character. Hancock, Farmers' 22 17 39 Five students instructed out of the Poor Sch. Fund. Harris, Hamilton M. and F. 36 54 90 235 50 235 50 Flourishing. Harris, Unionville, Various, 62 42 104 No further report, only flourishing. Harris, Jenkins, English, 8 25 33 236 75 127 00 109 75 Flourishing. Harris, Republican, 43 14 57 The trustees think this Academy has never received any dividend. Heard, Henry, County M. and F. Various, 62 60 122 Henry, Mount Pleasant, English, 29 19 48 Houston, Flint River, Various, 38 12 50 No further report, only flourishing. Houston, F. Valley M. and F. Various, 42 40 82 This institution is in debt for its erection $1,700 00. Irwin, Jasper, Monticello Frs. 54 54 Receipts expended for apparatus and teacher's salary Jasper, Pleasant Hill, English, 28 20 48 No further report. Jasper, Shady Dale, English, 60 47 107 No further report. Jasper, Const. Hall, Various, 32 18 50 98 25 98 12 000 12 No further report. Jasper, Monticello Union, 50 50 118 71 26 06 92 64 Jasper, Hillsborough, Various, 62 62 No further report. Jackson, County, Various, 26 16 42 1847 45 165 00 1682 45 Of the amount on hand, $1,553 14, is at interest. Jefferson, County, Various, 40 20 60 404 12 8 75 395 37 In a prosperous condition. Jones, Blts. Ville, Various, 28 14 42 149 26 149 26 000 00 Jones, Clinton, Various, 30 30 1630 69[UNK] 578 45 1052 24 No further report. Jones, Ft. Ville, English, 35 18 53 146 91 100 00 46 91 Flourishing. Jones, Union Hill, English, 25 18 43 116 50 304 67 The money expended is for the years 1836 and '37. Lawrence, Buckeye, English, 36 26 62 473 28 335 70 137 58 No further report. Lee, Lincoln, Double Branch, English, 79 This Academy is in debt for erecting a new one. Lincoln, Lincolnton, M. Various, 30 30 1048 84 317 44 731 40 Lincoln, Lincolnton, Female. English, 57 57 This Academy was incorporated in 1836no funds received. Lincoln, Goshen, Various, 30 66 47 144 89 Flourishing. Liberty, Taylor's Cr. Union. Various, 24 20 44 41 25 35 00 6 25 No further report. Liberty, Tranquil, Various, 25 16 41 This Academy was incorporated in 1835, and has never rec'd any dividend. Liberty, Walthourville, Various, 45 48 93 Two good buildingsno money. Lowndes, Lumpkin, County, 65 All receipts expended. Madison, County, Various, 15 11 26 185 00 182 52 2 52 No dividend received this year. Marion, McIntosh, County, Various, 35 26 61 308 00 308 00 Flourishing. Monroe, Concord, English, 23 19 42 This Academy has never received any dividend. Monroe, Mount Vernon, Various, 26 17 43 41 00 41 00 Monroe, Colloden M. and F. Various, 86 98 184 All the money exp. incompleting the Fem. Academy. Monroe, Forsyth M. and F. Various, 42 65 107 Receipts in purchasing apparatus and repairing. Monroe, Jefferson, 55 196 82 30 05 166 77 Monroe, Jackson, Various, 31 19 50 225 00 107 15 Receipts not stated. Monroe, La Fayette, English, 32 33 65 No dividend received. Monroe, Chapel Hill, Various, 35 19 54 Only one student instructed out of the P. S. Fund; this Academy is in debt. Monroe, County Line, Various, 13 8 21 60 00 Montgomery, Morgan, Oak Grove, English, 49 28 78 No further report. Morgan, Buckhead, English, 22 24 46 The dividend for the last year has not been received. Morgan, County M. and F. Various, 73 72 145 240 00 267 00 The dividend laid in necessaries, c. Morgan, Union, English, 12 11 23 The dividend of this Acad'y has been paid over to the teacher. Morgan, Evansville, Various, 32 4 36 No dividend received the present year. Morgan, Evansville, Various, 27 14 31 86 37 86 37 This is the report of 1836. Meriwether, Muscogee, Mount Pleasant, English, 23 12 35 Muscogee, County Female, English, 96 96 Muscogee, Jefferson, 50 Flourishing. Muscogee, County Male, Has not been in operation this year. Private schools have been taught in the city. The funds of 1837 are unexpended. Murray, Newton, Harmony, 84 This Academy has never received any dividend. Newton, County M. No report. Newton, County F. Various, 70 70 275 37 Receipts not mentioned. Oglethorpe, Prospect, Various, 163 00 This Ac. has rec'd no dividend for the years 1836-'37. Oglethorpe, Meson M. and F. Various, 45 39 84 1539 07 1043 00 496 07 Paulding, Cedar Town, English, 26 24 50 The trustees of this Ac. have rec'd $407 50; one half of the amount appropriated to building Academies in this countythat amount has been expended for its erection. Pike, Zebulon, Various, 40 22 62 154 75 200 00 3232 66 Pike, Union, English, 25 15 40 109 25 56 49 52 75 The expenditures paid for necessaries and tuition for poor children. Pulaski, Putnam, Jefferson, Various, 47 27 74 153 30 133 00 Putnam, Pace, Various, 45 First report since incorporation. Putnam, Eateuton M. and F. Various, 31 129 160 410 13 This Academy is in a prosperous condition. Putnam, Harmony, English, 40 This Academy has not received any dividend the present year. Rabun, Randolph, Richmond, Scriven, Reports $4139 28 at interest from first July last; two dividends due this Academy. Stewart, Patawla, English, 22 09 31 Incorporated December 24th, 1836. Stewart, County, 62 21 83 Academical funds expended in erecting an edifice. Sumter, County, 1224 52 857 75 366 77 Talbot, Mount Pleasant, English, 41 31 72 Talbot, Centreville, English, 36 14 50 Talbot, Marion, English, 22 21 43 Flourishing. Talbot, Valley Grove, English, 36 24 60 This Academy is indebted for building. Talbot, Washington M F Various, 80 66 146 Talbot, Oak Ridge, 28 25 53 Taliaferro, Crawfordville Various, 63 41 104 1121 93[UNK] 503 71 Teacher's salary $1775. This Academy is flourishing. Tatnall, Telfair, County, Various, 23 At interest, $160. Thomas, Thomasville, Lower, 5 19 21 2654 10 2634 62 29 47 This Ac. has not been in operation since June, 183. $58 on hand of the Magnolia Bank, of Florida. Troup, Lagrange M. Various, 45 107 00 107 00 Receipts for 1837 not stated; this Ac. is flourishing. Troup, Lagrange F. Various, 90 135 296 89 296 89 Disbursement paid for apparatus. Dividend for 1837 not stated. Troup, West Point, Various, 34 15 49 No receipts mentioned. No funds received, 1836. Twiggs, Marion, Lower, 50 This Academy has not received any dividend the last three years. Twiggs, Stone Creek, English, 31 19 50 256 00 280 00 This Academy is indebted $24. Twiggs, Jefferson, English, 55 No further report. Twiggs, Ocmulgee, English, 10 7 17 Received no funds since 1834 or 1835. Union, No report. Upson, Franklin, Various, 34 22 56 Upson, Union Hill, 38 18 56 This Academy is indebted $36, bearing interest from first January, 1834. Upson, Bluntsville, English, 37 16 53 The receipts of 1836 were part of teacher's salary. Upson, Ochchumka, 16 19 35 22 00 Part of receipts have been teacher's salary. Upson, Thomaston, Various, 45 66 111 Receipts expended in repairing Academy. Walker, Chattooga, This Academy has not gone into operation yet. All the funds are expended upon the building. Walton, Monroe, Various, 92 162 80 162 80 Walton, Farmers', English, 30 100 00 50 00 At interest, $50. This Academy most assuredly is in a flourishing condition. Walton, Social Circle, Various, 23 31 54 215 00 Ware, Warren, Warrenton, Various, 39 41 80 500 00 Received, $480, by subscription. Eight poor children instructed at this Academy. Flourishing. Warren, Monagan, Various, 38 29 67 319 90 25 56 294 34 In a prosperous condition. Washington, Bethlehem, English, 29 14 43 280 83 44 00 At interest, $254 44. Washington, County, English, 28 37 60 70 96 30 00 40 96 Washington, Gum Spring, Lower, 22 15 37 Incorporated 1836. Has not received any dividend. Wayne, Wilkinson, County, 30 960 12 205 00 755 12 Wilkes, Washington, Various, 88 12 100 331 81 304 42 No further report.
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CONDITION OF POOR SCHOOLS. Counties. Trustees. Number Instructed. Brs. of Educa. Receipts. Expend'rs. On hand. Remarks. Male. Female Total Appting, Wm. A. Stualfant, 201 1433 71 840 00 Bauer, Bardwin, Bibb, Bulioch, Jas. Hagin, 103 43 98 39 5 04 Bryan, R. English, 21 16 37 Lower, 746 00 112 50 633 50 Burke, S. W. Blount, 16 18 34 311 43[UNK] 22 05 209 38[UNK] Butts, Camden, Campbell, Carroll, W. L. Parr, 46 27 73 English, 171 75 168 82 2 92[UNK] Cass, Chatham, R. W. Porter, 62 40 102 321 98 313 89 8 09 Cherokee, Clarke, Joseph Ligon, 452 95 660 75 451 90 Columbia, Jno. Cartiedge, 839 00 544 50 291 50 Cobb, Coweta, D. Moselev, 66 55 121 220 58 296 6[UNK] Report from Jan., 1835, to Dec. 1836. In debt, $76,94[UNK]. Crawford, P. M. Calhoun, Decatur, C. M. Amoss, 154 00 106 62 47 37 Received and expended since 1835. De Kalb, E. B. Reynolds, 119 89 208 515 00 This amount will be expended by the 1st Jan'ry next. Dooly, Earfy, Effingham, J. Charlton, 17 8 25 365 75 113 68 252 06 Elbert, W. B. Nelms, 167 80 247 311 81 308 17 3 68[UNK] Emamiel, Jno. Love, 80 89 Favette, Wm. McBride, 53 42 95 275 34 275 34 Floyd, Forsyth, D. W. Coy, 32 17 49 No funds received this year. Frinklin, Thos. King, 132 112 244 410 95 422 59 Due Trustee, $1,04. Gilmer, Glynn, Greene, T. W. Grimes, 3 895 46 434 41 461 05 Two Districts failed to make a return. Gwinnett, W. Maltbie, 655 75 284 38 371 36 Habersham, J. T. Carter, 161 232 393 Lower, 575 02 569 50 5 52 Hall, E. M. Johnson, 130 119 249 671 28 671 28 Hancock, Honry Rogers, 80 33 113 433 92 333 70 50 22 Harris, Heard, B. Blodsoe, 2 9 11 94 18 34 28 59 90 Henry, A. G. Murray, 83 81 164 Lower, 506 90 424 71 82 18 Houston, C. H. Rice, 681 66 396 00 355 66 Irwin, Wm. Slone, 134 1793 15 456 87 1336 87 At interest, $605,00, but not in good hands. Trustee thinks most will be got. Jasper, Jackson, Wm. McMullen, 105 108 213 404 05 400 46 Due Trustee, $5,41. Jefferson, Jones, Chas. Mecorth, 152 133 285 847 68 294 84 552 83 Report for 1836 and 1887. Laurens, Lee, Liberty, Thos. S. Shepherd, 271 42 261 67 9 75 Lincoln, E. Frazer, 532 90 404 74 38 15 Lowndes, Lumpkin, M. P. Quillen, 106 144 250 All receipts expended. Madison, Wm. Sanders, 31 31 62 Lower, 184 44 103 35 000 59 Due Trustee, $3,91. Marion, B. W. Dowze, 16 7 23 194 00 181 27 13 73 McIntosh, Meriwether, C. H. Jay, 201 77 164 09 37 68 Monroe, E. Cubaness, 52 68 120 Lower, 544 49 543 90 000 59 Montgomery, Morgan, Jno. W. Porter, 574 41 282 15 292 25[UNK] Murray, Muscogee, H. A. Thornton, 61 45 106 247 80 496 46 Newton, Oglethorpe, Paulding, Pike, Thos. B. Daniel, 148 80 146 00 2 80 Pulaski, Putnam, W. B. Carter, 318 62 232 11 86 51 Justices failed to make a return of the number of poor children. Rabun, Richmond, Randolph, Seriven, 132 96 133 82 Report of 1834. It appears no Trustee, as there is no name annexed to the report. Stewart, Sumter, Talbot, Taliaferro, Q. O'Neal, 37 22 59 English, 190 05 182 63 7 41 Tatnall, J. H. Smith, 3707 26[UNK] 922 16[UNK] 450 13[UNK] Notes on hand to the am't of $2,179 94[UNK], and $155 on the Bank of Macon. Telfair, G. R. McCall, 43 34 73 166 05 173 50 475 17 The amount on hand is in [Illegible Text] notes, $30 of which is Magnolia money. Thomas, H. R. Seward, 812 83 79 74 733 09 Troup, Twiggs, Union, Upson, T. F. Bethel, 31 17 48 235 26 235 26 Walker, Walton, Jesse Mitchell, 840 74[UNK] 561 75 278 99[UNK] Ware, D. J. Miller, 45 29 74 136 00 224 50 It appears that the receipt ($130) was obtained 1833. Wilkes, J. H. Dyson, 34 34 68 312 60 312 60 Warren, Washington, Wavne, M. S. Harris, 30 28 58 Lower, 468 46 152 12 316 34 Wilkinson, C. C. Beall, 569 19 205 24[UNK] 363 94[UNK]
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A consolidation of the Reports of the Trustees of the Poor School Fund, in the several Counties of this State. ORSON A. STROUD, Clerk .
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INDEX TO THE LAWS. A. ACADEMIES Baker Albany Academy, trustees appointed for, 6 Baldwin Corinth Academy, trustees appointed for, 6 Bibb Warrior Academy, trustees appointed for, 6 Bibb Rutland Academy, trustees appointed for, 6 Bibb Vineville Academy, trustee added to Board of Trustees, 10 Camden Centreville Academy, trustees appointed for, 3 Camden Jefferson Academy, trustees appointed for, 4 Carroll Union Academy, trustees appointed for, 8 Clarke Farmers' Academy, incorporated, and trustees appointed for, 10 Columbia Red Oak Academy, incorporated, 3 Columbia Citizens' Academy, trustee appointed for, 3 Coweta Mount Bethel Academy, trustees appointed for, 5 Crawford Union Academy, trustees appointed for, 5 Decatur Pleasant Grove Academy, trustees appointed for, 7 Dooly Travellers' Rest Academy, trustees appointed for, 5 Dooly Traveller's Rest Academy, act incorporating repealed, 9 Flovd Rome Academy, trustees appointed for, 3 Flovd Vann's Valley Academy, trustees appointed for, 4 Gwinnett Female Seminary, incorporated, and trustees appointed for, 18 Habersham Clarkesville Academy, trustees appointed for, 5 Harris Mount Airy Academy, trustees appointed for, 4 Heard Bethel Academy, trustees appointed for, 9 Henry Mount Pleasant Academy, trustees appointed for, 6 Houston Manual Labor School, incorporated, and trustees appointed for, 19 Jasper Planters' Academy, trustees appointed for, 6 Lee Palmyra Academy, trustees appointed for, 4 Marion Tazewell Academy, incorporated, and trustees appointed for, 12 Monroe Farmers' Academy, trustees appointed for, 5 Monroe Russelville Academy, trustees appointed for, 4 Monroe Gullettsville Academy, trustees appointed for, 5 Monroe Gullettsville Academy, election for trustees to be held annually, 9 Monroe Pine Grove Grammar School, to repeal act of 1832, so far as relates to the appointment of trustees for, 18 Morgan Rehobothville Academy, entitled to draw proportionable part of the Academic Fund, set apart for said county, 8 Muscogee Halloca Academy, trustees appointed for, 5 Muscogee Wynnton Academy, trustees appointed for, 6 Muscogee Princeton Academy, trustees appointed for, 8 Lowndes County Academy, incorporated, and act repealed vesting the Academic Fund in the Poor School Fund of said county, 13 Lumpkin Taloniga Academy, act incorporating repealed, and Dahlonega Academy incorporated, and trustees appointed therefor, 11 Newton Starsville Academy, trustees appointed for, 4 Newton Farmers' Academy, trustees appointed for, 4 Pike Friendship Academy, incorporated, and trustees appointed for, 15 Pike Red Oak, incorporated, and trustees appointed for, 15
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Pike Zebulon Female Academy, incorporated, and the funds of the Zebulon Academy and Zebulon Female Academy consolidated, [Illegible Text] Putnam New Salem Academy, trustees appointed for, [Illegible Text] Putnam Hearnsville Academy, trustees appointed for, 4 Randolph Cuthbert Academy, trustees appointed for, 4 Stewart Pataula Male and Female Academy, incorporated, 17 Stewart Indian Dam Academy, trustees appointed for, 7 Stewart Van Wirt Academy, trustees appointed for, 3 Stewart Florence Academy, trustees appointed for, 4 Talbot Mount Jackson Academy, trustees appointed for, 6 Talbot Oak Ridge Academy, trustees appointed for, 6 Talbot Franklin Academy, trustees appointed for, 6 Taliaferro Raytown Academy, trustees appointed for, 6 Taliaferro Raytown Academy, may contract for suitable building for an Academy, 3 Troup West Point Female Academy, trustees appointed for, 4 Twiggs Jefferson Academy, additional trustees appointed for, 3 Twiggs Pleasant Grove Academy, trustees appointed for, 3 Twiggs Richland Academy, trustees appointed for, 3 Twiggs Union Hill Academy, trustees appointed for, 3 Walker Chattooga Academy, trustees appointed for, 3 Walker La Fayette F. Academy, trustees appointed for, 3 Walker Valleyville Academy, additional trustees appointed, 3 Walton Beaver Dam Academy, trustees appointed for, 7 Walton Jack's Creek Academy, trustees appointed for, 7 Walton Mabry's Creek Academy, trustees appointed for, 7 Walton Mountain Creek Academy, trustees appointed for, 7 Walton Pleasant Green Academy, trustees appointed for, 7 Walton Pleasant Grove Academy, trustees appointed for, 7 Walton Rehoboth Academy, trustees appointed for, 7 Walton Union Hill Academy, trustees appointed for, 7 Warren Birdsville Academy, trustees appointed for, 6 Washington Dee's Academy, trustees appointed for, 6 Wilkes Rehoboth Academy, incorporated, and trustees appointed for, [Illegible Text] Wilkinson La Favette Academy, trustees appointed for, [Illegible Text] ADJUTANT GENERAL To amend act organizing office of, [Illegible Text] To define the rank of, and Assistant Adjutant, 171 AGRICULTURE AND RURAL ECONOMY To incorporate Board of, 22 ALEXANDER, JAMES For relief of, 23 ALEXANDER, JOHN R. Authorized to plead and practice law, 36 ALLEN, ROBERT R. For relief of, 222 APPLING To alter and amend act of 1816, incorporating the village of, 267 APPROPRIATIONS For State House Officers, 27 For Clerk of House of Representatives and Secretary of Senate, 28 For Judges of the Superior Courts, 28 For members of the Legislature, 28 For enrolling and engrossing clerks, 28 For enrolling and engrossing clerks, 31 For clerks to Committees, 29 For clerks to Committees, 29 For messengers and door-keepers, 29 For Henry Darnell, 29 For Otis Childs, 29 For Inspectors of the Penitentiary, 29 For Lewis Dowdle, 29 For M. Sheftall, jr., 30 For Wm. L. Mitchell and Junius Hillyer, 30 For Thomas F. Gordon, 30 For Daniel Newnan, 30 For erection of shelves and the binding 20 copies of the Laws and Journals of each year, 30 For Justices of the Inferior Court of Stewart, 30 For furnishing the Government House, 31 For Jesse C. Farrar, 31 For A. J. Lawson, 31
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For construction of the Western and Atlantic Railroad, 31 For Wm. A. Teunille, 31 For Attorney General and Solicitors General, 31 For extra clerks in the various offices of the State House, 31 For John G. Park, 31 For B. H. Robinson, 31 For protection of the people of the Cherokee country, 31 For procuring colonial records, 32 For erecting banister and railing in the Senate chamber, 32 For William Ezzard, 32 For improvement of Brier Creek, 32 For reimbursing the Gwinnett Volunteers, 32 For wooden railing around State House square, 33 For Clement Forbes, 33 For Joseph Sturgis, 33 For Thomas J. Holmes, 33 For erection of a Lunatic Asylum, 33 For one clerk in the office of Secretary of State, and one in the office of the Surveyor General, 33 For William McMurray and Andrew G. Lataste, 33 For extra clerk in the Executive Department, 34 For Samuel Passmore, 225 For Chatham Artillery, 228 To amend act providing for the payment of Volunteers, 24 To appropriate monies for the payment of Volunteers, 25 Contingent fund for 1838, 28 Military fund for 1838, 28 Penitentiary fund for 1838, 28 Printing fund for 1838, 28 For adm'rs of O. H. Prince, 29 For Obadiah Echols, 29 For John Brewster, 29 ASYLUM For erection of Lunatic, 34 Appropriation for erection of, 33 ATHENS MECHANICS' MUTUAL AID ASSOCIATION For the incorporation of, 126 ATKINSON Josephus, Martha Jane, and George W., names of changed, 172 ATTORNIES Authorized to plead and practice law, 35 Authorized to plead and practice law, [See names of those authorized,] 36 AUGUSTA To alter and amend the several acts in relation to the city of, 58 B. BAKER COUNTY To remove site of, 76 To point out times of holding the Inferior Courts of, 80 BAKER, MARTHA ANN Name changed, 178 BALDWIN, ANDREW J. Authorized to plead and practice law, 36 BANK Marine and Fire Insurance act in relation to, repealed, 36 Central to authorize directors to borrow a certain sum of money, 38 Central to authorize directors to borrow one hundred and fifty thousand dollars, 39 Central to alter and amend the charter of, 40 Of Brunswick to amend act incorporating, 38 To reimburse the Bank of Columbus and Insurance Bank of Columbus, 39 Commercial, at Macon, to amend act of incorporation, 40 BAPTIST CONVENTION For the incorporation of, 152 BHASLEY, WILLIAM BROCKETT Name of William, changed to, 173 BENSON, THOMAS JEFFERSON Name changed, 174 BENSON, ALEFAIR Name changed, 177 BLUE RIDGE R. R. AND BANKING COMPANY For the incorporation of, 193
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BRIDGE COMPANY For the incorporation of the Irwinton, 139 BRIDGE LAWS (See Road and Bridge Laws.) BRIDGES To authorize Stephen Mays to erect a toll bridge across the river Etowah, 41 To authorize William Hobbs to erect a toll bridge across the Flint river, 42 To authorize James Moore to establish a toll bridge across Little Ohoopie, 43 To authorize Augustus N. Verdery to establish a toll bridge across the Oostanallee river, [Illegible Text] BROAD AND SAVANNAH RIVERS To keep open the main channel of, 233 BRUNSWICK To amend act incorporating town of, 259 BRUNSWICK AND ALATAMAHA C. AND R. R. COMPANY Authorized to increase the number of their Directors, 203 BUTTS COUNTY To change times of holding the Superior Courts for, 80 C. CAMDEN COUNTY To make it the duty of the collector of, to collect his own tax executions, 71 CAMP GROUNDS To incorporate the Upson Camp Ground, 57 To appoint Trustees for the Richmond Camp Ground, 57 CANALS (See Rail Roads and Canals.) CANOECHIA RIVER To appoint two additional commissioners to improve the navigation of, 232 CARR, WILLIAM A. For relief of, 227 CAVALRY COMPANIES To repeal act exempting from road duty, 170 To incorporate Cavalry Company in Ruckersville, 171 CEDAR SHOALS MANUFACTURING COMPANY For the incorporation of, 131 CENSUS To provide for taking, 44 CHATHAM ARTILLERY For relief of, 228 CHAPLAIN For Penitentiary, to be employed by the Governor, 138 CHEROKEE COUNTRY For the protection of the citizens of, 151 CHUBB For relief of Isaac, Nicholas, Amend, William, Henry and Ann, 226 CHURCHES To incorporate the Methodist Episcopal Church at Pleasant Grove, Pike county, 46 To authorize wardens and vestry of Christ Church, St. Simon's Island, to sell land belonging to said Church, 47 To incorporate Baptist Church at Rome, 48 To incorporate Baptist Church at Talbotton, 49 To incorporate Jones' Creck Baptist Church, 50 To incorporate Rchoboth Baptist Church, 15 CITIES To authorize Mayor and Aldermen of Savannah to extend Bay Street, 52 To lease Commons South of the city of Columbus, 53 To appoint Judge of the Mayor's Court for the city of Macon, 54 To amend several acts incorporating the city of Columbus, 55 To alter and amend several acts in relation to the city of Augusta, 58 To amend the several acts for the incorporation of the city of Macon, 59 To alter and amend act incorporating the city of Milledgeville, 60 To amend act in relation to the Court of Common Pleas of Savannah, 77 CLERKS Of Superior and Inferior Courts of Glynn, compelled to keep their offices at Brunswick, 70 To consolidate the offices of Clerk of the Inferior Court and county Treasurer of Mouroe county, 71 COLUMBIA COUNTY To change times of holding Inferior Courts of, 78 CULUMBUS To lease Commons south of, 53 To amend several acts incorporating, 55
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COMMON SCHOOLS To establish a general system of education by, 94 CONSTITUTION To amend 2d section of the 3rd article of, 62 To alter 3rd, 7th, and 12th, sections of the 1st article of 63 To alter and amend the 7th section of the 2nd article of, 64 COUNTIES Baker To remove county site of, 76 Baker To change time of holding Inferior Courts of, 80 Baldwin To alter and fix the times of holding the Superior and Inferior Courts of, 82 Butts To change the times of holding the Superior Courts of, 80 Camden To make it the duty of the tax collector of, to collect his own tax executions, 74 Chatham To amend act organizing Court of Common Pleas in the city of Savannah, 83 Columbia To change time of holding the Inferior Court of, 78 Decatur To authorize receiver of tax returns for 1838, to receive returns of taxable property for 1837, 75 Decatur To change time of holding Inferior Courts of, 78 Dooly To change times of holding Superior and Inferior Courts of, 78 Elbert To add part of to Madison, 69 Floyd To change time of holding the Superior Courts of, 81 Franklin To add part of to Jackson, 69 Gwinnett To make all cases returnable to the October term, 1837, of the Superior Court, triable at the Spring term, 1838, 87 Heard To alter the sessions of the Inferior Court of, 87 Houston To form new county from Marion and, 66 Jones To repeal act adding part of, to Bibb, 68 Lincoln To make all precepts of the Superior Court for 1837, stand over to the April term, 1838, 81 Marion To form new county from Houston and, 66 Monroe To consolidate offices of Clerk of the Inferior Court and county Treasurer, 71 Paulding To authorize tax collector of, to collect taxes due previous to his election, 74 Paulding To change time of holding Superior Courts of, 81 Randolph To compensate Sheriffs of, 72 Richmond To alter the law in relation to Justices' Courts in the city of Augusta, 87 Taliaferro To change the times of holding the Superior and Inferior Courts of, 89 Tatnall To change the line between Liberty and, 68 Walker To form a new county from, 65 Warren To make all cases returnable to the Superior Court, at the October term, 1837, triable at the April term, 1838, 87 Wilkes To change the times of holding the Superior and Inferior Courts of, 89 Wilkinson To authorize a special session of the Superior Court of, 81 To consolidate the offices of tax collector and receiver, in certain counties, 73 To consolidate the offices of tax collector and receiver, in certain counties, 75 COURTS To alter and amend several acts in relation to the city of Augusta, and the Court of Common Pleas in said city, 58 To compel the Clerks of the Superior and Inferior Courts of Glynn to keep their offices at Brunswick, 70 To amend act in relation to Court of Common Pleas of Savannah, 77 To change times of holding Inferior Courts for Decatur and Columbia counties, and the Superior and Inferior Courts of Dooly county, 78 To authorize the adjournment of Courts in certain cases, 79 To change the times of holding the Superior Courts of Butts, 80 To point out the time of holding the Inferior Court of Baker county, 80 To change the times of holding the Superior Courts of Paulding and Floyd, 81 To authorize a special session of the Superior Court of Wilkinson, 81 To make all precepts of the Superior Court of Lincoln, for 1837, stand over to the April term, 1838, 81 To alter and fix the times of holding the Superior and Inferior Courts of Baldwin, 82 To amend act organizing Court of Common Pleas in Savannah, 83 To alter and fix the times of holding the Superior Courts of the Eastern District, 86 To make all cases returnable to the October term, 1837, of Warren Superior Court, triable at the April term, 1838, 87 To alter the law in relation to Justices' Courts in Augusta, 87 To alter the sessions of the Inferior Courts of Heard county, 87
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To make all cases returnable to the October term, 1837, of the Superior Court of Gwinnett, triable at the spring term, 1838, 87 To change the times of holding the Superior and Inferior Courts of Wilkes and Taliaferro, 89 D. DADE COUNTY Formed from part of Walker, 65 DEADLY WEAPONS To prevent the sale or carrying of, 90 DECATUR COUNTY To authorize receiver of tax returns for 1838, to receive the returns of taxable property for 1837, 75 To change times of holding Inferior Courts for, 78 DEEDS To admit to be read in evidence, 91 To make valid a deed to a town lot in Wrightsborough, 92 DISTRIBUTION OF ESTATES In relation to, 93 DIVORCE To divorce John J. Metzger and Jane Metzger, 93 DOOLY COUNTY To change times of holding Superior and Inferior Courts of, 78 DRIGER, MARION Name changed, 179 DUDLEY, SARAH For relief of, 224 E. EDUCATION To establish a general system of, by common schools, 94 ELBERT COUNTY To add part of to Madison, 69 ELECTION PRECINCTS Clarke To compensate a Justice for carrying up returns, 99 Baker To appoint commissioners to superintend elections, 101 Walton To compensate J. of the Peace, who may superintend elections, 101 Jasper To compensate J. of the Peace, who may superintend elections, 101 Paulding To compensate J. of the Peace, who may superintend elections, 101 Newton To compensate J. of the Peace, who may superintend elections, 101 Harris To amend act establishing an election precinct, 101 Upson To change election precinct from Christie's to Dunn's, 102 Lee To change precinct elections, 103 Pulaski To establish an additional precinct, 103 Dooly To establish an additional precinct at Joseph Blackburn's, 104 Troup To establish, change and regulate, 104 Walton To establish, change and regulate, 104 Camden To establish, change and regulate, 105 Floyd To establish, change and regulate, 104 Floyd To establish, change and regulate, 105 Coweta To establish, change and regulate, 105 Henry To establish, change and regulate, 105 Muscogee To establish, change and regulate, 105 Marion To establish, change and regulate, 105 Jackson To establish, change and regulate, 105 Cass To establish, change and regulate, 105 Franklin To establish, change and regulate, 105 Fayetta To establish, change and regulate, 105 Crawford To establish, change and regulate, 105 Wilkes To establish, change and regulate, [Illegible Text] Meriwether To establish, change and regulate, [Illegible Text] Hall To establish, change and regulate, [Illegible Text] Campbell To establish, change and regulate, [Illegible Text] Cherokee To establish, change and regulate, [Illegible Text] Gwinnett To establish, change and regulate, [Illegible Text] Murray To establish, change and regulate, [Illegible Text] Monroe To establish, change and regulate, [Illegible Text] Jefferson To establish an additional precinct, 107 Talbot To establish, change and regulate, 108 Sumter To establish, change and regulate, 108 Lumpkin To establish, change and regulate, 108 Baker To establish, change and regulate, 108 Unioa To establish, change and regulate, 108 Oglethorpe To establish, change and regulate, 108
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Elbert To establish, change and regulate, 108 Washington To establish, change and regulate, 108 Randolph To establish, change and regulate, 108 Marion To establish, change and regulate, 108 Tatnall To establish, change and regulate, 108 Balloch To establish, change and regulate, 108 [Illegible Text] To establish an additional precinct, 109 Union To organize military districts, 109 Murray To organize military districts, 110 EMBANKMENT COMPANY [Illegible Text] River, incorporated, 142 ESTRAYS To prescribe the duties of the corporation of Milledgeville, in relation to, 61 EVIDENCE, ORAL To regulate admission of 110 F. EALLIGANT, JOHN G. For relief of, 221 FERRIES To repeal act requiring Wm. Nelms to give security in establishing a ferry across Broad River, 111 To authorize John Matthews to establish a ferry across Flint River, 112 To authorize Mary Wanamaker to establish a ferry across Flint River, 112 To authorize Slaughter Hill to establish a ferry across Flint River, 112 To authorize J. M. C. Montgomery to establish a ferry across Chattachoochee 112 To authorize Alexander Russel to establish a ferry across Flint River, 113 To authorize Wm. L. Wilson and John Matthews to establish a ferry across Flint River 114 To regulate the rate of Ferriage in Camden county, 114 To authorize H. W. Jernigan and Matthew Everett to establish a ferry across the Chattahoochee, 115 FIRE COMPANIES To exempt the Washington and Niagara from jury duty, 116 FLEETWOOD, SAMUEL Name changed, 177 FLINT RIVER To keep open, 230 To compel Commissioners to keep open main channel, 232 FLORENCE To incorporate town of, 264 FOUNDRY AND STEAM ENGINE FACTORY To incorporate, 129 FRACTION 224, 1st IRWIN To dispose of, 164 FRANKLIN COUNTY To add part of to Jackson, 69 FRAUDULENT CONVEYANCES In relation to, 117 FRAUDULENT LOTS To authorizize grant to issue to John Jett, for one half of a fraudulent lot, 118 To issue grants for, in the name of informants, 119 To authorize the Sheriff of Heard to sell No. 28, 13th district, formerly Carroll, condemned as fraudulently drawn, 119 FREE PERSONS OF COLOR To amend act more effectually to protect, 248 To amend act in relation to trial of, 250 FREE SCHOOL SOCIETY Of Augusta, to amend act incorporating, 145 G. GAMBLING To punish white persons for gambling with negroes, 120 GEORGIA RAILROAD AND BANKING COMPANY Authorized to extend their Railroad, 212 GERMAN FRIENDLY SOCIETY Of Savannah, to incorporate, 151 GLYNN COUNTY To comnel the clerks of the Superior and Inferior Courts to keep their offices at Brunswick, 70 GRANTS To issue a grant to John Jett, 118
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To issue in the names of informants, [Illegible Text] To amend act to authorize Governor, Secretary of State, Surveyor General and Comptroller General, to correct errors in, [Illegible Text] To extend time for taking out grants, [Illegible Text] GUARDIANS To authorize to remove property of their wards from the State, [Illegible Text] H. HAMLET, MARY ANN Name changed, [Illegible Text] HARVEY, WALTER B. Authorized to plead and practice law, [Illegible Text] HASTE, CATHARINE Name changed, [Illegible Text] HIBERNIAN SOCIETY To incorporate, [Illegible Text] HICKS, EVANS Name changed, [Illegible Text] HIGDON, JOHN B. Authorized to plead and practice law, [Illegible Text] HIGHWASSEE RIVER To keep open, [Illegible Text] HOBBS, WILLIAM Authorized to erect a toll bridge across Flint River, [Illegible Text] HODGES, HOSEA B. Name changed, [Illegible Text] HUGHEY, THOMAS E. Name changed, [Illegible Text] I. INCORPORATIONS Athens Mechanics' Mutual Aid Association, incorporated, [Illegible Text] Georgia Marble Company, incorporated, [Illegible Text] Savannah Foundry and Steam Engine Factory, incorporated, [Illegible Text] Lumpkin County Mining and Manufacturing Company, incorporated, [Illegible Text] Cedar Shoals Manufacturing Company, incorporated, [Illegible Text] Indian Springs incorporated, [Illegible Text] Iron Works and Manufacturing Company, incorporated, [Illegible Text] First Universalist Society of Macon, incorporated, [Illegible Text] Hibernian Benevolent Society, incorporated, [Illegible Text] Jackson-street Ice Company, incorporated, [Illegible Text] Irwinton Bridge company, incorporated, [Illegible Text] Savannah River Embankment company, incorporated, [Illegible Text] Jeffersonville Land company, incorporated, [Illegible Text] Free School Society of Augusta, incorporated, [Illegible Text] German Friendly Society of Savannah, incorporated, [Illegible Text] Baptist Convention of the State of Georgia, incorporated, [Illegible Text] Lumber Company of Georgia, incorporated, 166 Brunswick Lumber company, incorporated, 167 Blue Ridge Railroad and Canal company, incorporated, 193 Milledgeville and Chattahoochee Canal and Railroad company, incorporated, 204 Milledgeville Railroad company, incorporated, 214 Widows' Society of Savannah, incorporated, 220 Oconce and Atlantic Steamboat company, incorporated, 251 People's Steamboat company, of Macon, incorporated, 253 To amend an act incorporating Oglethorpe Insurance and Trust company, 154 INDIANS For removal of Creeks and Cherokees, 154 INDIAN SPRINGS To incorporate, 133 INSURANCE AND TRUST COMPANY Of Macon To amend act of incorporation, 154 IRON WORKS AND MANUFACTURING COMPANY To incorporate, 134 IRWINTON BRIDGE COMPANY To incorporate, 139 J. JACKSON-St. ICE COMPANY To incorporate, 138 JETT, JOHN To issue grant to, 118
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JOHNSON, JOHN C. For relief of, 222 JOHNSON, ROCELIA Name changed, 177 JONES COUNTY To repeal act adding part of to Bibb, 68 JURORS To legalize the drawing of, for Coweta county, 156 To compensate the grand and petit, of Bibb county, 156 To compensate the grand and petit, of Wilkes and Thomas, 156 To authorize Inferior Court of Wayne to draw Juries, 158 To amend law in relation to drawing Juries for Muscogee, Bibb and Baldwin, 159 To compensate grand and petit, of Franklin county, 160 To compensate grand and petit, of Habersham county, 160 To compensate grand and petit, of Cobb county, 161 To compensate grand and petit, of Talbot county, 162 To compensate grand and petit, of Lee county, 162 To compensate grand and petit, of Forsyth county, 162 To compensate grand and petit, of Glynn county, 162 To compensate grand and petit, of Floyd county, 162 To compensate grand and petit, of Cass county 162 To compensate grand and petit, of Cobb county, 162 To compensate grand and petit, of [Illegible Text] county, 162 To compensate grand and petit, of Coweta county, 162 To compensate grand and petit, of Seriven county, 162 To compensate grand and petit, of Lowndes county, 162 To compensate grand and petit, of Hall county, 162 To compensate grand and petit, of Early county, 162 To compensate grand and petit, of Habersham county, 162 To compensate grand and petit, of Henry county, 162 To compensate grand and petit, of Walker county, 162 To compensate grand and petit, of Elbert county, 162 To compensate grand and petit, of Gwinnett county, 162 To compensate grand and petit, of Randolph county, 162 To compensate grand and petit, of Bryan county, 162 To compensate grand and petit, of Newton county, 162 To compensate grand and petit, of Butts county, 162 To compensate grand and petit, of Fayette, 162 To compensate grand and petit, of Telfair county, 162 To compensate grand and petit, of Murray county, 162 To compensate grand and petit, of Upson county, 162 To compensate grand and petit, of Talbot county, 162 To compensate grand and petit, of Campbell county, 162 To compensate grand and petit, of Emanuel county, 162 To compensate grand and petit, of Crawford county, 162 To compensate grand and petit, of Franklin county, 162 To compensate the grand, of Lumpkin county, 163 To compensate the petit, of Twiggs county, 162 To compensate grand and petit, of Pulaski county, 163 To compensate the petit, of Crawford county, 163 To compensate the petit, of Walton county, 163 To compensate the petit, of McIntosh county, 163 To compensate the petit, of Pike county, 163 To compensate the grand and petit, of Early county, 256 L. LAND To authorize the wardens and yestry of Christ Church, St. Simons' Island, to sell land belonging to said Church, 47 To dispose of fraction 224, 1st District, Irwin, 164 To regulate mode of partitioning, [Illegible Text] LAND COMPANY Of Twiggs, to incorporate, 144 LANIER Public site of Macon county, 67 LIMITED PARTNERSHIPS To authorize 182 LIVERETT To change the names of William, John and Elizabeth, 176 LOFTON, R. Y. Appointed Trustee of the Poor School Fund of Baker county, 190
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LOTTERIES To appoint J. B. Watkins commissioner of the Fort Gainee Literature Lottery, 165 To amend act to authorize a fund to be raised for the erection of monuments, by Lottery, 165 LOUISVILLE To amend an act regulating town of, 263 LUMBER COMPANIES To incorporate the Lumber Company of Georgia, 166 To incorporate the Brunswick Lumber Company, 167 M. MACON To appoint Judge of the Mayor's Court, 54 To amend the several laws for the incorporation of, 59 MACON COUNTY Formed from Marion and Houston counties, 66 MAGILL, CHARLES A. Authorized to plead and practice law, 35 MARBLE COMPANY To incorporate the Georgia, 126 MARINERS AND SEAMEN To regulate, and prevent from being harbored, 77 MARTIN, WILLIAM For relief of, 227 MARTIN, GREEN AND JOHN Names changed, 178 MASHBURN, JAMES H. G. Name changed, 176 MASONS AND CARPENTERS To give an incumbrance on work done, 169 MAYS, STEPHEN Authorized to build a toll bridge across Etowah river, 41 METZGER, JOHN J. AND JANE To divorce, 93 MILLEDGEVILLE To alter and amend act incorporating, 60 MILLEDGEVILLE RAIL ROAD COMPANY To incorporate, 214 MILLEDGEVILLE AND CHATTAHOOCHIE C. AND R. R. C. To incorporate, 204 MILITARY To amend act organizing office of Adjutant General, 169 To repeal act exempting cavalry companies from road duty, 170 To incorporate a cavalry company in Ruckersville, 171 To define and establish the rank of Adjutant and Assistant Adjutant General, 171 MILITARY DISTRICTS (See election precincts.) MILNER, JAMES Authorized to plead and practice law, 36 MINING AND MANUFACTURING COMPANY Of Lumpkin county, to incorporate, 130 MITCHELL, URIAH G. Authorized to plead and practice law, 35 MONROE R. R. AND B. COMPANY To amend charter, 200 MONROE COUNTY To consolidate offices of Clerk of the Inferior Court and county Treasurer, 71 MONTGOMERY R. R. COMPANY Authorized to locate, and use a depot in West Point, 201 MOORE, JAMES Authorized to establish a toll bridge across Litte Ohoopie, 43 N. NAMES CHANGED Josephus Atkinson to Josephus Corruthers, 172 Martha Jane Atkinson to Martha Jane Corruthers, 172 George W. Atkinson to George W. Corruthers, 172 William, to William Brockett Beasley, 173 Mary Ann Hamlet to Mary Ann Phillips, 174 Charles Austin Saxon to Charles Austin Strawn, 174 Evans Hicks to John Bascombe of Chattahoochie, 175
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Leander Reynolds to Leander Hutchison, 176 James H. G. Mashburn to James H. G. McMath, 176 William Liverett to William Brigham, 176 John Liverett to John Brigham, 176 Elizabeth Liverett to Elizabeth Brigham, 176 William Wagers to William Goodwin, 176 Zelpha Elizabeth Peacock to Zelpha Elizabeth Bush, 176 Catharine Haste to Harriet Haste, 176 Samuel Fleetwood to Samuel Thomas Player, 177 Rocelia Johnson to Rocelia Weaks, 177 Thomas Jefferson Benson to Thomas Jefferson McGriff, 177 Alefair Benson to Alefair McGriff, 177 John M. Tootle to John M. Stephens, 177 Benjamin Thomas to Benjamin Owings, 177 Gyra Thomas to Gyra Owings, 177 John Thomas to John Owings, 177 Marion Driger to Marion Owings, 177 Harriet S. Scull to Harriet S. Jones, 178 Sarah F. Scull to Sarah F. Jones, 178 Jane C. Scull to Jane C. Jones, 178 Julia Ann Swinner to Julia Ann Hester, 178 Green Martin to Green Kennedy, 178 John Martin to John Kennedy, 178 Thomas Early Hughy, to Thomas Early Holmes, 178 Wilder Willis to Wilder Phillips, 178 Ephraim Willis to Ephraim Phillips, 178 Alameda Robinson to Alameda Hatcher, 178 William H. Robinson to William H. Hatcher, 178 Cordelia L. Francis Pearce to Cordelia L. Francis Holland, 178 Lucy Ann Amanda Pearce to Lucy Ann Amanda Holland, 178 Sarah Ann Amanda Fitzallen Pearce to Sarah Ann Amanda Fitzallen Holland, 178 Martha Ann Baker to Martha Ann Hines Baker, 178 Pallisear Wheeler to Josiah Wheeler, 178 Thomas Newton Worley to Thomas Newton Jarred, 178 Hosea Berrien Hodges to Hosea Berrien Cates, 178 NOTLEY RIVER To keep open, 229 O. ORAL EVIDENCE To regalate admission of, 110 P. PARDON Of Benjamin South, 79 Of Samuel M. White, 180 Of Isaac W. White, 180 PARTITION Of lands, to regulate the mode of, 181 PARTNERSHIPS To authorize limited, 182 To prohibit persons from using in their firm any name not actually a co-partner, 187 PASSMORE, SAMUEL For relief of, 225 PAULDING COUNTY To authorize tax collector for 1838, to collect taxes due prior to his election, 74 PEACOCK, ZELPHA E. Name changed, 176 PEARCE Cordelia L. Frances, Lucy Ann Amanda, and Sarah Ann Amanda Fitzallen, names changed, 178 PENAL CODE To amend act of 1828, in relation to, 189 PENITENTIARY To authorize the Governor to employ a chaplain for, 188 PILOTS To reduce the number of commissioners regulating pilots' rates, 190 POOR SCHOOL FUND To appoint trustees for Baker county, 190 POST NOTES To prevent the issuing of, 191
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R. RAIL ROADS AND CANALS To incorporate Blue Ridge Railroad and Canal company, 193 To amend charter of the Mouroc Railroad and Banking company, 200 To authorize the Montgomery Railroad company to locate and use a depot in West Point, 201 To authorize the Brunswick and Alatamaha Canal and Railroad company to increase their number of Directors, 203 To make penal and punish any unlawful intrusion upon the Railroads in this State, 203 To incorporate the Milledgeville and [Illegible Text] Railroad company, 204 To amend act authorizing the construction of a Railroad from the Tennessee line to the [Illegible Text], 210 To authorize the Georgia Railroad and Banking company to extend their Railroad, 212 To extend the time allowed the Savannah, [Illegible Text] and Alatamaha Canal company to complete their work, 214 To incorporate the Milledgeville Railroad company, 214 RANDOLPH COUNTY To compensate the Sheriff of, 72 RECORDS To authorize certain counties to procure copies of the original, 219 RELIEF To incorporate Widows' Society, for relief of indigent widows and orphans, 220 Of John G. Falligant, 221 Of James Wingfield, 222 Of Robert R. Allen, 222 Of John C. Johnson, 222 Of James Alexander 223 Of George W. Roxbury, 224 Of Sarah Dudley, 224 Of Samuel Passmore, 225 Of Isaac, Nicholas, Amend, William, Henry, and Ann Chubb, 226 Of William A. Carr, 227 Of William Martin, 227 Of the Chatham Artillery, 228 REYNOLDS, LEANDER Name changed, 176 RIVERS To keep open Notley River, 229 To keep open Flint River, 230 To prevent obstructions in the Highwassee River, 231 To compel the commissioners to keep open the main channel of Flint river, 232 To appoint additional commissioners to improve the navigation of the Canocchia river, 232 To keep open Highwassee river, 233 To keep open main channel of Broad and Savannah rivers, 233 ROAD LAWS To alter and amend, of Tatnall, 234 To repeal the act of last session, so far as relates to the county of Elbert, 235 To alter and amend, of Lincoln, 236 To amend, of Clarke, 237 To alter and change, of Troup, 238 To repeal, of Camden, 239 To alter and amend, of Union, 241 ROADS To lay out a road from [Illegible Text] to the Federal road, in Murray county, 241 To appropriate county funds of Camden, to repairing roads, 243 To apply fines collected in Lowndes county, to improving the roads, 243 To appoint commissioners on that part of the road leading from Augusta to Clarkesville, 244 Also, from Clarkesville to Madisonville, East Tennessee, 244 To repeal an act exempting citizens of Talbot from working roads leading to ferries on Flint river, 247 ROBINSON, ALAMEDA AND WM. H. Names changed, 178 ROXBURY, GEORGE W. For relief of, 224 S. SANQUE RIVER To prevent obstructions in, 231
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SAVANNAH, OGECHEE AND ALATAMAHA CANAL COMPANY To extend the time allowed for constructing, 214 SAVANNAH To authorize Mayor and Aldermen to extend Bay-street, 52 To amend act in relation to Court of Common Pleas and Oyer and Terminer, 77 To amend act relative to Court of Common Pleas, 83 SANON, CHARLES AUSTIN Name changed, 174 SCULL Harriet, Sarah and Jane names changed, 178 SHERIFFS To compensate, of Randolph, 72 SHIVERS, WM. RABUN Authorized to plead and practice law, 35 SHOWS To assess a tax upon persons exhibiting, in certain counties, 257 SITE Of Baker county to remove, 76 SLAVES To make penal the hiring of, without written or verbal authority from the owner, 247 To amend an act to establish a tribunal for the trial of, 250 Also, to amend several other acts in relation to, 250 SOUTH, BENJAMIN For pardon of, 179 STEAMBOAT COMPANIES To incorporate the [Illegible Text] and Atlantic Steamboat company, 251 To incorporate the People's Steamboat company of Macon, 253 SWINNER, JULIA ANN Name changed, 178 T. TATNALL COUNTY To change the line between Liberty and, 68 TAX To levy extra, for working roads in Clarke county, 237 To alter tax laws, so far as relate to Laurens county, 254 To levy extra, for support of the invalid poor of Lowndes county, 255 To levy extra, for compensating grand and petit jurors of Early county, 256 To impose, levy and collect extra, for the political year 1838, 256 To assess a tax upon persons exhibiting shows in certain counties 257 To impose an extra tax in Jefferson county, 258 To authorize each county to retain general tax for the years 1837 and 1838, 258 TAX COLLECTOR AND RECEIVER To consolidate the offices of, in certain counties, 73 To consolidate the offices of, in certain counties, 75 TAX COLLECTOR Of Camden county, to make it his duty to collect his own tax executions, 74 Of Paulding county, for 1838, to authorize him to collect taxes due prior to his commission, 74 TAX RECEIVER Of Decatur county, for 1838, to authorize him to receive returns of taxable property for 1837, 75 THOMAS Benjamin, Gyra and John, names changed, 177 TOOTLE, JOHN M. Name changed, 177 TOWNS Lanier to be the public site of Macon county, 67 Brunswick to amend act incorporating, 259 Louisville to amend act for the regulation of, 263 Florence to incorporate, 264 Troupsville to incorporate, 265 Whitesville to incorporate, 266 Appling to amend act incorporating, 267 TROUPVILLE To incorporate town of, 265 U. UNIVERSALIST SOCIETY Of Macon to incorporate, 136
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V. VERDERY, AUGUSTUS N. To authorize to build a toll bridge across the Oostonallee River, 43 VOLUNTEERS To amend act in relation to the payment of, 24 To appropriate monies for the payment of, 25 W. WAGERS, WILLIAM Name changed, 176 WATKINS, JAMES B. Appointed Commissioner of the Fort Gaines Literature Lottery, 165 WEAPONS, DEADLY To prevent the carrying of, 90 WHEELER, PALLISEAR Name changed, 178 WHITE, SAMUEL M. For pardon of, 180 WHITE, ISAAC W. For pardon of, 180 WHITE, THOMAS H. To make valid a deed to, 92 WHITESVILLE To incorporate town of, 266 WIDOWS' SOCIETY Of Savannah, to incorporate, 220 WILLIS, WILDER AND EPHRAIM Names changed, 178 WILLS To alter and amend act, securing the probate of, 93 WILSON, EDWARD G. Authorized to act as deputy in certain offices in Chatham county, 125 WINGFIELD, JAMES For relief of, 222 WINKLER, SHADRACH To legalize the marriage of, with Jane Metzger, 93 WORLEY, THOMAS NEWTON Name changed, 178
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INDEX TO THE RESOLUTIONS. A. ACADEMY AND POOR SCHOOL FUND Of [Illegible Text] county, to require trustee to rent out the Academy building and place the amount received therefor, in his report to the Senatus Academicus, 272 ARMS To furnish citizens of Rabun county with, 281 C. CENTRAL BANK To appoint a committee to examine into the condition of, 273 COMPTROLLER GENERAL Authorized to employ an additional clerk, 270 E. ELECTION RETURNS To authorize the Governor to have blank returns printed, 276 ELECTIONS For a Senator to Congress, 265 For a Public Printer, 277 For Judge of the Superior Courts of Chattahoochie District, 278 For three Rail Road Commissioners, 279 For Judges of the Superior Courts, 579 For a Major General, 280 For five Brigadier Generals, 280 G. GOVERNOR OF MAINE Resolutions in relation to Edward Kelleran and Daniel Philbrook, fugitives from justice, 282 J. JUDGES OF SUPERIOR COURTS For election of, 278 For election of, 279 K. KENAN, AUGUSTUS H. Added to building committee, 280 KELLERAN, EDWARD Resolutions in relation to, 282 LAW BOOKS To furnish Union county with, 275 To receive from the Administrators of O. H. Prince a certain number of copies of his Digest, 275 To furnish Lumpkin county with, 277 To furnish Liberty county with, 281 P. PHILBROOK, DANIEL Resolutions in relation to, 282 PRINCE'S DIGEST To receive a certain number of copies of Prince's Digest, from the Administrators of O. H. Prince, 275 PUBLIC PRINTER For the election of, 277
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R. RABUN COUNTY To furnish citizens of with arms, 281 RAIL ROADS To despatch an agent to Tennessee to negotiate with that State in behalf of Georgia, [Illegible Text] Commissioners of, for election of, [Illegible Text] SECRETARY OF STATE Authorized to employ extra Clerks, [Illegible Text] SURVEYOR GENERAL Authorized to employ extra Clerks, [Illegible Text] Authorized to emply a Clerk during the year 1838, to renew the plats and maps which are in a mutilated condition, [Illegible Text] TENNESSEE, STATE OF To despatch agent to, to negotiate in behalf of Georgia, relative to the extension of R. Roads, [Illegible Text] To grant certain privileges to, [Illegible Text] TREASURER Authorized to employ an additional Clerk, [Illegible Text]