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 18381100 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, 1838. 18381100 18381200 PUBLISHED BY AUTHORITY. MILLEDGEVILLE : P. L. ROBINSON , STATE PRINTER. 1839.

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN NOVEMBER AND DECEMBER, 1838. ACADEMIES. AN ACT, To incorporate the Trustees of the following Academies, to wit: the Trustees of the County Line Academy, in the county of Crawford; the Union Academy, in the county of Talbot; the Danburg Female Academy, in the county of Wilkes; the Kiokee Academy, in the county of Columbia; the Malmaison Academy, in the county of Liberty; the Fort Gaines Female Institute, in the county of Early; the Flint River Academy, and the Lanier Male and Female Academies, in the county of Macon; the Florence Academy, in the county of Stewart; the Washington County Academy, in the county of Washington; the Marion Academy, in the county of Twiggs; the Albany Academy, in the county of Baker; the Liberty Plains Academy, in the county of Carroll; Laurens Hill Academy, in the county of Laurens; the Rock Dale Academy, in the county of Newton; the Male and Female Academies of Cullodens. Also, amendatory of the several acts incorporating the Trustees of the Male and Female Academies of Forsyth, Monroe county, and to confer certain powers, rights, and privileges upon the same; and to amend an act assented to the 22d December, 1826, to incorporate the Franklin Academy, in Upson county, so as to increase the number of Trustees, and for other purposes 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

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Henry Davis, Ephraim Hurdee, Robert Howe, and William M. Brown, and their successors in office, be declared a body corporate, under the name and style of the Trustees of the County Line Academy, in the county of Crawford. That Samuel Crank, Lemuel Cox, Moses Harvey, Julius C. Alford, and William Daniel, and their successors in office, be declared a body corporate, under the name and style of the Trustees of the Union Academy, in the county of Talbot. That William D. Bradley, John T. Dent, A. D. Stotham, Edward R. Anderson, Richard Bradford, James Hinton, Daniel Shumak, William Q. Anderson, and Samuel Danforth, and their successors in office, be declared a body corporate, under the name and style of the Trustees of the Danburg Female Academy, in the county of Wilkes. That Isaac Ramsey, James Calbreath, Peter Knox, Cornelius Collins, Jesse S. Walton, and James Knox and Benjamin Berry, and their successors in office, be declared a body corporate, under the name and style of the Trustees of Kiokee Academy, in the county of Columbia. That Nathaniel Varnadol, William Jones, Moses L. Jones, John M. B. Hardin, and Thomas Shepard, and their successors in office, he declared a body corporate, under the name and style of the Trustees of Malmaison Academy, in the county of Liberty. That John Dill, Simon Green, Samuel Gainer, James P. Holmes, and William Mount, and their successors in office, be declared a body corporate, under the name and style of the Trustees of the Fort Gaines Female Institute, in the county of Early. That Walter L. Campbell, William Felton, William N. L. Crozer, Jacob Fudge, and Robert Peacock, and their successors in office, be appointed a body corporate, under the name and style of the Trustees of Flint River Academy, in the county of Macon. That Matthew Everett, James B. Brown, John D. Pitts, Robert W. Williams, Alphonso DeLaunay, Thomas D. Harvey, and Henry W. Jernigan, and their successors in office, be declared a body corporate, under the name and style of the Trustees of the Florence Female Academy, in the county of Stewart. That Robert Green, John Sturdevant, Slaughter Hill, and Eli Taunton, and Robert Greer, be appointed Trustees of the Lanier Male and Female Academies, and they are hereby constituted a body corporate, with all the privileges usually belonging to such incorporations. That Thomas H. Wilkinson, Kendred Partin, Lenair E. Smith, David Havard, and John T. Spicer, be appointed Trustees

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of the Laurens Hill Academy, in the county of Laurens, be, and they are hereby incorporated, under the name and style of the Trustees of the aforenamed Academy. That Samuel Clayton, L. G. Sutton, John Sykes, John Taylor, Jeptha C. Harris, Nelson Tift, and Hermon Mercer, be, and they are hereby declared a body corporate, under the name and style of the Trustees of the Albany Academy, in the county of Baker. That David Murdock, John Holcomb, David B. Perryman, William Taylor, and Osborn Estis, and their successors in office, be, and they are hereby declared a body corporate, under the name and style of the Trustees of Rock Dale Academy, in the county of Newton. That Andrew Agnew, James Colthorp, William Green, Charles Hulsey, and Charles Sheets, and their successors in office, be declared a body corporate, under the name and style of the Trustees of the Liberty Plains Academy, in the county of Carroll. Sec. 2. And be it further enacted by the authority aforesaid , That the several persons hereby declared to be bodies corporate, under the several styles herein designated, may, each as a corporate body, have a common seal, may sue and be sued, plead and be impleaded, in the several Courts of Law and Equity in this State; make all necessary bye laws, not repugnant to the laws and Constitution of this State, fill all vacancies in their Boards, hold all kinds of property, make or receive conveyances, be invested with all gifts, donations or grants, rights, privileges, or immunities whatsoever, which are essential or necessary to the well being of said corporate bodies, and generally to do all things in reference to the interest of Education, which are usual to be done by the Trustees of Academies. Sec. 3. And be it further enacted by the authority aforesaid , That James J. Banks, John W. Persons, James D. Lester, Alexander Speer, James B. Ogletree, Caleb M. Norwood, John S. Foster, Newdaygate Ousley, Nathaniel G. Foster, Matthew J. Jordan, John Brown, Robert Tripp, and James Bivins, and their successors in office, be declared a body corporate, under the name and style of the Trustees of the Culloden Male and Female Academies; and that any five or more of them shall constitute a quorum for the transaction of business. Sec. 4. And be it further enacted by the authority aforesaid , That the Trustees aforesaid, and their successors in office, shall be declared to be capable, or vested with full authority to keep all and every person from selling or vending spirituous liquors that intoxicate, by retail, or in less quantities than one gallon, (and that not to be drank when sold) at any house or place within one mile of said Academies. And should any person or

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persons violate this act, the person or persons so offending, shall be guilty of a misdemeanor, and on conviction thereof before any Magistrate, shall be bound over to the next Superior Court for Monroe county, and on conviction, be subject to a fine, not less than twenty nor more than thirty dollars, and be imprisoned at the discretion of the Court, not exceeding thirty days, for each and every such offence; and all fines thus collected, shall be appropriated to the benefit of said Academies; Provided , nothing in this act shall be so construed, as to prevent tavern keepers in Cullodens from furnishing their boarders or travellers with liquor. Sec. 5. And be it further enacted by the authority aforesaid , That there shall be an election held at the Court house, in the town of Forsyth, in Monroe county, on the first day of January, eighteen hundred and thirty nine, and on the first day of January in every year thereafter: Provided , the same does not come on Sunday, in which event, the election shall be held on the day thereafter, for five Trustees of the Male and Female Academies of Forsyth, in the county of Monroe; and the five persons having the highest number of votes, shall be declared duly elected, who shall hold their office for the term of one year from the date of their election, and until their successors are elected; and the persons entitled to vote at such elections, shall be those who reside in the Militia districts where such Academies are situated, and who are entitled to vote for members of the General Assembly. The polls of such elections, to be opened at 8 o'clock A. M., and closed at 4 o'clock, P. M., of the same day, under the superintendence of any three freeholders of said district. The freeholders shall give the Trustees elect a certificate of their election, which certificate shall be authority for them to discharge the duties of said Trustees. Sec. 6. And be it further enacted by the authority aforesaid , That the Trustees heretofore appointed for said Academies, shall cease to hold their appointments as such, immediately after the Trustees are elected in pursuance of the provisions of this act. Sec. 7. And be it further enacted , That from and after the passage of this act, it shall be lawful for the Board of Trustees of the Washington County Academy, to omit filling vacancies which may happen in said Board, by death, resignation, or otherwise, until said Board be reduced to five persons, and thereafter to consist of said number, with the same power, as to the filling of vacancies, as pointed out in the act of incorporation. Sec. 8. And be it further enacted , That Asahel Gaston, Joseph H. Burkes, Seaborn Jones, William B. Beard, Daniel Heard, and Thomas M. Duncan, be, and they are hereby appointed additional Trustees of Fellowship Academy, in the county of Merriwether.

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That Robert R. Williams, Peter Strickland, Isaiah Beasly, and Erastus Waters, be, and they are hereby appointed Commissioners of the Bulloch County Academy, together with those heretofore appointed. That John T. Rice, Sampson Bell, Reason A. Bell, William Leaves, and D. C. Leaves, be, and they are hereby appointed Trustees of the Centreville Academy, in the county of Stewart. That William Crittington, Henry Land, Peyton Reynolds, and James Solomon, be appointed Trustees of the Marion Academy in the county of Twiggs; and that John H. Denson and Joel Denson, be appointed Trustees of the Richland Academy, in the place of John H. Denton, and Joel Denton, in the county of Twiggs, resigned. That Robert G. Crittenden, William F. Holmes, A. L. Acee, N. Athan, P. F. Mahone, S. Fuller, D. Bryan, and A. Ellis, be, and they are hereby appointed Trustees of Belle Vue Academy, in the county of Talbot. That M. S. Dent, Thomas A. Thornton, Joseph Biggers, John Mullin, and William Pace, sen., of Muscogee county, are hereby constituted Trustees of Ebenezer Academy, in said county, with all the powers, and privileges hereinbefore granted to the Trustees of Rock Dale Academy, in the county of Newton. That Urbanus Dart, Francis M. Scarlet, William A. Howard, Frank Gage, and J. Bancroft, be, and they are hereby added to the Board of Trustees of the Academy of the county of Glynn. That Jesse Stephens, James Anderson, and James M. Hightower, be, and they are hereby appointed Trustees of Franklin Academy, in Upson county, in addition to the present Trustees of said Academy; and that all the privileges, rights, and liabilities of the present Trustees of said Academy, be conferred on the Trustees hereby increased. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 31st December, 1838.

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AN ACT, To incorporate certain Academies therein named, and to appoint Trustees for the same, and to confer certain powers, rights, and privileges upon the same. And also, to alter and amend an act entitled an act to incorporate the Baptist and Presbyterian Churches, in the town of Washington, in Wilkes county, passed the 19th December, 1827, so far as to alter the corporate style and name of the Trustees of said Presbyterian Church, and to confer additional powers and privileges upon said body. 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 Moses Roundtree, Caleb Rembert, Benjamin Webb, John E. Dennard, and Daniel Bradwell, and their successors in office, be, and they are hereby appointed Trustees of the Minerva Academy, in the county of Houston. Sec. 2. And be it further enacted by the authority of the same , That James Burroughs, Harrison Musgrove, Charles W. Hill, William Thomas, Francis H. Tompkins, of the county of Columbia, and William Skinner and Joseph Darling, of the county of Richmond, and their successors in office, be appointed Trustees of the County Line Academy in the county of Columbia. Sec. 3. And be it further enacted , That Wiley J. Garrard, Wesley Shropsline, Allen Martin, Burnet Lawrence, and Charles Hemphill, and their successors in office, be appointed Trustees of the Silver Creek Academy, in the county of Floyd. Sec. 4. And be it further enacted , That Joshua Morgan, Solomon Wilder, Mynard Chandler, John Wright, and James Moore, and their successors in office, be appointed Trustees of South Liberty Academy, in the county of Taliaferro. Sec. 5. And be it further enacted , That William Peck, James Peck, Edmond Jordan, Isaac Moon, and William Read, be appointed Trustees of Ebenezer Academy, in the county of Taliaferro. Sec. 6. And be it further enacted , That William Christian, William E. Marcus, Peachy Bledsoe, William M. Fincher, Elkana Talley, Thomas Tatom, George Wells, and Samuel Cartwright, and their successors in office, be appointed Trustees of Home Academy, in the county of Troup. Sec. 7. And be it further enacted , That Richardson Booker, Joseph Gartrell, Allen Holliday, Richard J. Holliday, and Thomas Holliday, and their successors in office, be appointed trustees of Rocky Mount Academy, in the county of Wilkes. Sec. 8. And be it further enacted , That Thomas A. Baker, Drury Taylor, Benjamin Wicker, Moses Robinson, and John

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A. Duggan, be appointed Trustees for the Keg Creek Academy, in the county of Washington. Sec. 9. And be it further enacted , That James P. Leonard, Moses Harvy, Lewis P. Mathis, Lemuel Cox, A. K. Leonard, and John Haynes, and their successors be, and they are hereby appointed Trustees of the Mount Pleasant Grove Academy in the county of Talbot. Sec. 10. And be it further enacted , That John McCagg, Jeremiah Frier, David McCollen, Philip O'Neal, and Larkin Hendricks, and their successors in office, be appointed Trustees of Dade County Academy, to be located at Salem, the county site of said county of Dade. Sec. 11. And be it further enacted , That Larkin Hendricks, one of said Trustees, the Senator from the county of Dade, be authorized to draw and receive that part of the amount provided by law for the endowment of County Academies, which is due the said Dade County Academy; and his Excellency the Governor is hereby requested to draw his warrant on the Treasurer in favor of said Larkin Hendricks in behalf of said Trustees, for the same. Sec. 12. And be it further enacted , That Young Stokes, David T. Coleman, John Cook, John Turner, and Alexander Houston, and their successors in office be, and they are hereby appointed Trustees of Edisco Academy, in the county of Coweta. Sec. 13. And be it further enacted , That Moses Jones, Joseph A. Collin, Green B. Waldrupe, John H. Frazier, and William Glaze, and their successors in office, be appointed Trustees of Shoal Academy, in the county of Harris. Sec. 14. And be it further enacted , That Willis P. Baker, John L. Smith, John Sea, Henry Kendall, and Duncan Colquhoun, and their successors in office, be appointed Trustees of Dion Academy, in the county of Talbot. Sec. 15. And be it further enacted , That Hickory Flat Academy, in the county of Cherokee, be incorporated; and George Gunby, Thomas Johnson, John McConnell, John B. Garrison, and George Taylor, and their successors in office, be appointed Trustees of the same. Sec. 16. And be it further enacted , That Frederick Trawick, Shadrach Trawick, Henry Thompson, Reuben Bullington, and Benjamin Brooking, and their successors in office be, and they are hereby appointed Trustees of County Line Academy, in the county of Hancock. Sec. 17. And be it further enacted , That Singleton Harris, William Colclough, A. G. Taylor, George G. Morris, and John Mitchell, and their successors in office be, and they are

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hereby appointed Trustees of Fairfield Academy, in the county of Taliaferro. Sec. 18. And be it further enacted , That Martin Jenkins, Jeremiah Lampkin, David Jones, Miles K. Harmond, James Powell, George Knowles, and Daniel G. Harrison be, and they are hereby appointed Trustees of the Bristol Male and Female Institute, of Dooly county, they and their successors in office are hereby declared a body corporate, by the name and style aforesaid; and that all laws heretofore passed incorporating Traveller's Rest Academy, be and the same are hereby repealed. Sec. 19. And be it further enacted , That the said Trustees of the Bristol Male and Female Institute, shall be authorized annually hereafter, to receive one half of the Academic Funds apportioned to Dooly county, and to apply the same exclusively to the Education of poor children, and of the disbursement of which, accordingly the said Trustees, or their successors in office, shall annually make report according to law. Sec. 20. And be it further enacted , That Bennett Crawford, Dempsey Harrell, Fowler F. Holt, Alexander Douglass, and Asa D. Swart be, and they are hereby appointed Trustees for Decatur County Academy. Sec. 21. And be it further enacted by the authority aforesaid , That from and immediately after the passing of this act, that Joel W. Terrell, John M. Thomas, Ebenezer McKinley, William Newmons, Silas Reynolds, and Young J. Long, and their successors in office be, and they are hereby declared to be a body politic and corporate, by the name, and under the title, and possessing all the rights and authority, and powers given to the Trustees of the Newnan Academy, by the said first act of incorporation of said Academy. Sec. 22. And be it further enacted , That the act last mentioned in the foregoing preamble, passed on the 23d day of December, 1830, and all other acts and parts of acts militating against this act, be and the same are hereby repealed. Sec. 23. And be it further enacted , That John Choice, Joseph J. Singleton, David H. Mason, Thomas J. Park, and Robert A. Holt be, and they are hereby appointed Trustees of the Lumpkin County Academy. Sec. 24. And be it further enacted by the authority aforesaid , That James Diamond, William Meadows, and Thomas Bolton be, and they are hereby appointed Trustees of the Stone Mountain Academy, in the county of DeKalb. Sec. 25. And be it further enacted by the authority aforesaid , That the said Commissioners of the Waynesborough Academy, in the county of Burke, shall hereafter exercise and enjoy all the control, rights and privileges over the Town Commons,

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or unsold Town Lands of the Village of Waynesborough, which were granted to the Commissioners of said Town; and that all laws or parts of laws militating against this act, be and the same are hereby repealed. Sec. 26. And be it further enacted , That Andrew Patterson and Jesse Lamberth be, and they are hereby appointed additional Trustees for the Rome Academy, in the county of Floyd. Sec. 27. And be it further enacted , That Henry Dubignon, Amie D. Larooche, Urbanus Dart, Andrew L. King, and James Moon, and their successors in office, are hereby appointed and constituted a body corporate, by the name and style of the Brunswick Academy. Sec. 28. And be it further enacted by the authority aforesaid , That the Act entitled An Act to authorize the Trustees of the Glynn County Academy to establish Free Schools in said county, assented to December 22d, 1823, be and the same is hereby repealed and annulled; and it shall and may be lawful for the Trustees of the Glynn County Academy, and they are hereby authorized, to pay over and transfer to the Trustees of the Brunswick Academy, for the use of the Brunswick Academy, all funds, and monies, stock, property, and effects in the possession of, or in any manner belonging to the Trustees of Glynn County Academy, as a body corporate under that name, or to the Commissioners of the Glynn County Academy as such Commissioners; and particularly all the monies, funds, proceeds, and evidences of debt arising and accruing from the sale of certain lands authorized to be sold by An Act entitled An Act to authorize and require the Commissioners of the Commons of the Town of Brunswick and Frederica, to sell three hundred acres of the Town Commons of Brunswick; and on receipt thereof, the Trustees of the Brunswick Academy shall give to the Trustees of the Glynn County Academy the proper receipt and acquittances for the same. Sec. 29. And be it further enacted by the authority aforesaid , That the Trustees of the Brunswick Academy shall, as soon as convenient, erect a suitable building in the City of Brunswick for an Academy, and such other buildings as may be necessary for boarding teachers and children, and for other purposes connected with said Academy; and they shall at all times when practicable, cause a good school to be kept in said Academy; and they shall within two months after the passage of this act, meet and elect one of their number President of their body; and they shall also appoint a Treasurer and Secretary, subject to such rules and regulations as they may prescribe and adopt; and they shall require from the Treasurer a bond in the sum of ten thousand dollars, for the faithful discharge of his duties. A majority of the Trustees of the Brunswick Academy

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shall constitute a quorum for the transaction of business, and they, or in case of necessity, any two of them shall fill any vacancy that may happen in their body, in such manner as they may deem proper; and all laws and parts of laws militating against this act, be and the same are hereby repealed. Sec. 30. And be it further enacted , That Arthur Dillard, John H. Thomas, John Wooten, William Harrison, and George Harrison, and their successors in office be, and they are hereby made a body corporate and politic, by the name and style of the Trustees of the Rum Creek Academy, in the county of Monroe. Sec. 31. And be it further enacted , That in case of any vacancy in said Board of Trustess, the remaining Trustees shall have power to fill the same; and they may have and use a common seal. Sec. 32. And whereas, The Academy in said county known as Rock Spring Academy in Monroe county, which was incorporated by an act of the General Assembly, passed December 22d, 1827, has been entirely abandoned, and the Trustees thereof having in their hands an amount of Academic funds unexpended, Be it therefore further enacted , That the Trustees of the said Rock Spring Academy, may pay over said unexpended funds in their hands, to the Trustees appointed by this act, who are hereby made capable of receiving the same, and of giving sufficient receipts and discharges for it. Sec. 33. And whereas, sundry citizens of the county of Houston, residing in and near the town of Haynesville, formed themselves into an association as Stockholders, at twenty-five dollars per share, for the purpose of building an Academy Edifice in said town. And whereas, The said Stockholders raised the sum of sixteen hundred and fifty dollars, and have since erected the said Academy Edifice. Sec. 34. Be it therefore further enacted , That Joseph Tooke, William S. Coalson, David Hamiter, John Hamiter, and Edmund K. Hodges shall be, and they, or a majority of them, and their successors in office, are hereby made and constituted a body politic and corporate, by the name and style of The Trustees of the Haynesville Academy, in the county of Houston. Sec. 35. And be it further enacted , That the Constitution formed by said Stockholders shall, by the Board of Trustees appointed by this act, be entered upon the minutes or record of the actings and doings of said Trustees, together with the names of the Stockholders, and the number of shares held by each; and that the said Constitution shall be the fundamental law of said Corporation.

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Sec. 36. And be it further enacted, c. , That the said Academy Edifice shall never be converted to any other purposes than that of education, for which it was erected, unless by the direction of a majority of two-thirds of the Stockholders, each Stockholder having as many votes as shares, according to the provisions of said Constitution of the Stockholders. Sec. 37. And be it further enacted, c. , That the Trustees appointed under this act, shall hold their office during the year eighteen hundred and thirty-nine, and until their successors are elected in conformity with the provisions of the said Constitution of Stockholders. Sec. 38. And be it further enacted, c. , That the said Trustees shall have authority to appoint a Secretary and Treasurer, and to allow them a compensation for their services, and to collect any of the shares that have not been paid in by the Stockholders; and also, to collect by suit or otherwise, any debt or debts due, or owing to the Stockholders aforesaid, and belonging to said Academy. Sec. 39. And be it further enacted, c. , That the Trustees of the Presbyterian Church at Washington, and their successors in office be, and they are hereby declared to be a body politic and corporate, under the name and style of The Trustees of the Presbyterian Church and Washington Female Seminary. Sec. 40. And be it further enacted , That said Corporation shall have, retain, and enjoy all the powers, privileges, and immunities conferred upon the Trustees of the Presbyterian Church at Washington, by the before recited act, passed the 19th December, 1827; and in addition thereto, they shall be capable of doing all acts which Trustees of County Academies may in their respective capacities, of right do. They shall be capable and liable in law to sue and be sued, to plead and be impleaded, and shall be authorized to make all necessary rules and by-laws for the well being and good government of their own body, and of said Female Seminary; and for that purpose, may have and use a common seal, and appoint to, and remove from office, such officers as they may think proper. Sec. 41. And be it further enacted , That said Trustees be capable of receiving, holding, and being invested with all manner of property, both real and personal, all donations, subscriptions, bequests, gifts, grants, privileges and immunities whatsoever, which may now belong to, or be due, or may hereafter become due, be conveyed, transferred, or bequeathed to them, or their successors in office, to have and to hold the same for the proper use, benefit and behoof of said Female Seminary. Sec. 42. And be it further enacted by the authority of the same , That the several Boards of Trustees, and their successors in office

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fice be, and they are hereby appointed and declare to be bodies corporate and politic, under their several names and styles, and as such, shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorized to make such by laws as may be necessary for the good government thereof. Provided , such by-laws be not repugnant to the Constitution and 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. 43. And be it further enacted , That said Trustees shall be capable of accepting, and being invested with all manner of property, both real and personal, and all gifts, donations, grants, rights, privileges, and immunities whatsoever, which may belong to said Institutions, or which may hereafter be conveyed or transferred to them, or their successors in office, to have and to hold the same for the benefit of said Academies. Provided , that nothing in this act contained, shall be so construed, as to conflict with the provisions of An Act to establish a general system of education by common schools, passed in the year 1837, or any act amendatory thereof. Sec. 44. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 31st, 1838. AN ACT, To incorporate the Williams Academy, in the town of Van Wert, in the county of Paulding, and to appoint Trustees for the same; and to appoint Trustees for the Union Academy, in the county of Randolph. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in Geneal Assembly met, and it is hereby enacted by the authority of the same , That Woodson Hubbard, James M. Nettles, Marsh Stedham, Ed. R. Morrison, and Joel L. Flanagan, be, and they are hereby appointed Trustees of the Williams Academy, in the town of Van Wert, and that they, and their successors in office, be declared a body corporate, capable to sue and be sued, and do all other acts in their corporate name which a corporation may by law do.

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Sec. 2. And be it further enacted , That the Trustees for the time being, shall have authority to fill any vacancy which may happen in the Board of Trustees. Sec. 3. And be it further enacted , That all monies now in the hands of John or Elisha Brooks, for the use and benefit of the County Academy of Paulding, shall be paid over to the Trustees appointed by the first section of this act. Sec. 4. And be it further enacted , That the Trustees appointed by this act, be, and they are hereby required to carry out any contract for building an Academy, which has been made heretofore by Isaac B. Payne, and others. Sec. 5. And be it further enacted , That William Conyers, Jordan Tucker, Joseph Gilford, Coleson Gilford, William C. Hill, and J. M. Christian, be, and they are hereby appointed Trustees for the Union Academy, in the eighth district of the county of Randolph. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 28th December, 1838. AN ACT, To incorporate an Academy of Fine Arts, in the City of Augusta, and the Columbus Lyceum. 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, Milton Antony, Robert Campbell, Adam Johnson, John P. King, John W. Wilde, Charles J. Jenkins, John Millagan, John G. Winter, George M. Newton, Andrew J. Miller, David W. St John, and John Milledge, and their successors in office, shall be, and they are hereby declared to be a body politic and corporate, by the name and style of the Trustees of the Augusta Academy of Fine Arts , and as such shall be capable and liable in law, to sue and be sued, plead and be impleaded; and shall be authorized to use a common seal, and make and alter the same at pleasure; and to make such bye laws and regulations for the management and government of said Institution as shall appear to them necessary; Provided , such bye laws and regulations be not repugnant to the Constitution or laws of this State, or of the United States.

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Sec. 2. And be it further enacted , That the said Board of Trustees shall, as soon as may to them be convenient, proceed to organize themselves by the appointment of such officers as may in their estimation be necessary for the business of erecting, and the whole management of said Academy of Fine Arts, and shall be at liberty to raise such sums of money from time to time, by contribution, by stock, or otherwise, as may be found most expedient and proper, and as may be necessary for giving ample success to the enterprize herein contemplated; and that they shall be capable of holding all manner of property, both real and personal, necessary for the object of the incorporation, and shall be invested with all the rights, privileges and immunities which now belong, or appertain, or shall hereafter be granted or conveyed to said Institution; to have, to hold, and to use the same for the proper use and benefit of said Institution. Sec. 3. And be it further enacted , That in case of vacancy occurring in the said Board of Trustees, by death, resignation, or otherwise, such vacancy or vacancies shall be filled by the remaining members of the same. Sec. 4. And be it further enacted by the authority aforesaid, and it is hereby enacted , That from and immediately after the passage of this act, Seaborn Jones, John W. Campbell, James N. Bethune, Marshall J. Wellborn, James S. Calhoun, Wiley Williams, Walter T. Colquitt, Joseph Sturgis, John S. Lewis, Samuel Boykin, Mark A. Cooper, James P. H. Campbell, Henry L. Benning, Franklin A. Nisbett, Nicholas L. Howard, and Samuel T. Chapman, of Columbus, and their associates and successors in office, shall be, and they are hereby declared to be a body politic and corporate, by the name and style of the Columbus Lyceum , for the promotion of General Literature; with all the rights, privileges, and immunities herein before granted to to the aforementioned Academy of Fine Arts, in the City of Augusta, under the restrictions aforesaid. Sec. 5. Be it further enacted , That all laws heretofore enacted militating against the purpose of this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 28th December, 1838.

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AN ACT, To authorize his Excellency the Governor to cause to be paid over to the proper authority of the county of Baker, all arrearages that may be due said county as its proportion of the Academic 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 from and immediately after the passing of this act, his Excellency the Governor be, and is hereby authorized to cause to be paid over to the proper authority of the county of Baker, all arrearages that may be due said county as its proportional part of the Academic Fund. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 29th December, 1838. ACADEMIES AND POOR SCHOOLS. AN ACT, To authorize his Excellency the Governor to pay to the proper authority of Pulaski county, all arrearages that may be due said county, as its due proportion of the Academic and Poor School Fund. Whereas the county of Pulaski has been for several years deprived of its due proportion of the Academic, and Poor School Fund, in consequence of the failure of the Trustees of said funds to make their annual returns: And whereas John Rawls, late Treasurer of the Academic Fund of said county, has made affidavit of the due application of said funds, and accounted for the failure to make due returns, by the fact of the loss of the books and papers in which his disbursements as Treasurer of said Academic Fund were recorded: 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, his Excellency the Governor be, and is hereby authorized to pay to the proper authority of Pulaski county, all arrearages due to said county as its due proportion of the Academic and Poor School Fund. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 28th December, 1838. AN ACT, To authorize the present Trustees of the Randolph County Academy, and the Trustee of the Poor School Fund of said county, to draw and receive the annual dividends of said funds respectively, which have been due the county of Randolph, since April of the year eighteen hundred and thirtyfour; also the Academic Funds for the counties of Richmond and Lee, and the arrearages of the Academic and Poor School Fund due other counties therein mentioned. Whereas the Randolph County Academy was incorporated in the year eighteen hundred and twenty-nine, and Trustees appointed for the same, who drew the several sums of money set apart for said Academy, up to the year eighteen hundred and thirty-four, and then abandoned the trust confided to them; and afterwards, in the year eighteen hundred and thirty-seven, the said Academy was incorporated anew, and other Trustees appointed: And whereas the former Trustees of the Poor School Fund of said county received the dividends of said fund up to the year eighteen hundred and thirty-four, and that the former Trustees of said Academy, and also the former Trustee of the Poor School Fund have made no return either to the Executive or Senatus Academicus, nor have they accounted or settled with their successors, and the present Trustees are consequently unable to make any return of their disbursements of said funds, and therefore, under the law, the said present Trustees are unable to draw the annual dividends of said funds respectively, 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

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and after the passing of this act, his Excellency the Governor be, and he is hereby required to draw his warrant in favor of the present Trustees of the Randolph County Academy, for all arrearages of the Academic Fund due said Academy in the same manner as though regular returns had been made by said Trustees, and also, that he draw his warrant in favor of the present Trustee of the Poor School Fund, for all arrearages due said county from said Poor School Fund, as though regular returns had been made annually, of the disbursements of said funds received by the former Trustee, to be applied to the purposes of Education in said county, according to the laws of the State in force on the tenth day of January next. Sec. 2. And be it further enacted by the authority aforesaid , That the Governor be, and he is hereby authorized to draw his warrant in favor of Alexander Cunningham, President of the Board of Trustees of the Academy of Richmond County, for all dividends of the Academic fund due to said Academy, and now in arrear; and also to the Trustees of the Lee County Academy, all arrearages of the Academic Fund for said county. Sec. 3. And be it further enacted by the authority aforesaid , That his Excellency the Governor cause to be paid over to the Trustee of the Poor School Fund for the county of Twiggs, all arrearages of said Fund due or unpaid to the said county of Twiggs, and that he draw his warrant on the Treasurer for the same. Sec. 4. And be it further enacted by the authority aforesaid , That his Excellency the Governor cause to be paid over to Alexander Atkinson, the Senator of the county of Camden, for the Trustee of the Poor School Fund of said county, all arrearages due said county of Camden out of the Poor School Fund, and that he draw his warrant on the Treasurer for the same. Sec. 5. And be it further enacted by the authority aforesaid , That his Excellency the Governor be, and he is hereby requested to cause to be paid over to the Senator of the county of Cobb, all arrearages of the Academic and Poor School Fund due the said county of Cobb. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 29th December, 1838.

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APPORTIONMENT OF REPRESENTATIVES. AN ACT, To apportion the Representatives among the several counties in this State, according to the sixth enumeration, in conformity with the seventh section of the first article of the Constitution. Whereas, the seventh section of the first article of the Constitution directs that the House of Representatives shall be composed of members from all the counties, according to their respective numbers of free white persons, including three-fifths of all the people of color: in order, therefore, to apportion the Representatives of each county respectively, according to the said sixth enumeration, or census. 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 in future the representation of the respective counties shall be apportioned in the following manner, to wit: the county of Appling one; the county of Baker one; the county of Baldwin two; the county of Bibb three; the county of Bulloch one; the county of Butts two; the county of Burke three; the county of Bryan one; the county of Campbell two; the county of Carroll two; the county of Cobb two; the county of Cass two; the county of Columbia there; the county of Crawford two; the county of Coweta three; the county of Chatham four; the county of Clark three; the county of Cherokee two; the county of Camden two; the county of Dade one; the county of Decatur two; the county of DeKalb three; the county of Dooly two; the county of Early two; the county of Effingham one; the county of Elbert three; the county of Emanuel one; the county of Fayette two; the county of Floyd two; the county of Forsyth two; the county of Franklin three; the county of Gilmer one; the county of Glynn one; the county of Greene three; the county of Gwinnett three; the county of Habersham three; the county of Hancock three; the county of Heard two; the county of Henry three; the county of Houston three; the country of Hall three; the county of Harris three; the county of Irwin one; the county of Jones three; the county of Jasper three; the county of Jefferson two; the county of Jackson three; the county of Laurens two; the county of Lee one; the county of Liberty two; the county of Lincoln two; the county of Lowndes two; the county of Lumpkin two; the county of Macon two; the county of Madison two; the county of Marion two; the county of McIntosh two; the county of Merriwether three; the

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county of Monroe four; the county of Montgomery one; the county of Murray two; the county of Morgan three; the county of Muscogee four; the county of Newton three; the county of Oglethorpe three; the county of Paulding one; the county of Pike three; the county of Pulaski two; the county of Putnam three; the county of Rabun one; the county of Randolph two; the county of Richmond three; the county of Scriven two; the county of Stewart three; the county of Sumter two; the county of Talbot three; the county of Taliaferro two; the county of Tattnall one; the county of Telfair one; the county of Thomas two; the county of Troup four; the county of Twiggs two; the the county of Union one; the county of Upson three; the county of Walton three; the county of Walker two; the county of Ware one; the county of Washington three; the county of Wayne one; the county of Wilkinson two; the county of Wilkes three; the county of Warren three. Sec. 2. And be it further enacted , That no omission of the Clerks of the Superior Courts of any of the counties of this State, to have transmitted within the time specified in the act of December 23d, 1837, the returns made by the takers of census, of their respective counties, shall deprive said counties of the benefit of the foregoing section, and of the provisions of this act. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. APPROPRIATIONS. AN ACT, To appropriate money for the support of Government, for the political year eighteen hundred and thirty-nine. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the following sums of money be, and the same are hereby appropriated for the political year eighteen hundred and thirty-nine: The salary of His Excellency the Governor, four thousand dollars.

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The Secretary of State, two thousand dollars. The Treasurer, two thousand dollars. The Surveyor General, two thousand dollars. The Comptroller General, two thousand dollars. The Secretaries of the Executive Department, (not exceeding three,) twelve hundred and fifty dollars each. The Clerk of the House of Representatives, and Secretary of the Senate, six hundred dollars each per annum. Provided , no warrant shall issue for the first quarter's salary of the Secretary of the Senate and Clerk of the House of Representatives, until the Executive shall have satisfactory evidence that the said Secretary of the Senate, and Clerk of the House of Representatives, have respectively made, or caused to be made, and attached to the Journals of the present Session, good and sufficient indices. The Judges of the Superior Courts, twenty-one hundred dollars each, per annum. Sec. 2. And be it further enacted by the authority aforesaid , That for the Printing Fund, the sum of 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-nine. 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-nine. 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, or returning from, the Seat of Government. To the Clerk of the House of Representatives, and Assistant Clerks, and Secretary of the Senate, and Assistant Secretary, during the session of the Legislature, seven dollars each per day, and the sum of sixty dollars each, for contingent expenses.

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To the Engrossing Clerks of the House of Representatives, and Senate, six dollars each per day. And six Enrolling Clerks of the House of Representatives, and Senate, six dollars each per day. To the Clerk on the Committee on Finance, one hundred dollars. To the Clerk on the Committee on Public Education and Free Schools, one hundred and fifty dollars. To the Clerk on the Committee on Internal Improvement, one hundred dollars. To the Clerk on the Joint Standing Committee on Banks, one hundred dollars. To the Clerk on the Committee on the Penitentiary, one hundred dollars. To the Clerk on the Committee on the Census, one hundred dollars. The Attorney General, and Solicitors General, two hundred and twenty-five dollars each, per annum. To the Messengers and Door-Keepers of the Legislature, six dollars each per day, during the present session. Sec. 5. And be it further enacted , That the sum of fifty dollars be paid to Thomas Carroll, for receiving the body of Burwell P. Brewer, a fugitive from justice; the said Thomas having been appointed by the Govornor Provided , the said Thomas Carroll shall produce sufficient evidence to his Excellency the Governor, that the said Burwell P. Brewer did not escape through any neglect of the said Thomas Carroll. Sec. 6. And be it further enacted , That the further sum of three hundred and thirty-five dollars and fifty cents, be paid to Gen. Daniel Newnan, for money advanced to musicians engaged in the service of the State in the year eighteen hundred and thirty-eight. Sec. 7. And be it further enacted , That the sum of sixty dollars and forty-five cents, be paid to N. M. C. Robinson, Jailor of Muscogee county, for jail fees for keeping Jim Henry, a Creek Indian, who had been brought to this State under a demand of the Governor of the State, for the purpose of trying him for offences committed against this State. To Asa Bates, fifteen thousand dollars of the amount heretofore appropriated for the improvement of the navigation of the Chattahoochee river; and the remaining amount of said appropriation, whenever the said Asa Bates shall furnish satisfactory evidence to the Executive, that he has fully performed his contract relative to the clearing out and improving the navigation of said river. Provided , an adequate amount of such appropriation shall be retained for the purpose of compensating the Commissioner for his services as such.

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Sec. 8. And be it further enacted , That the sum of two hundred and fifty dollars be appropriated to Thomas Stocks, William Y. Hansell, and George R. Clayton, each, as a compensation for their services in examining into, and reporting to this Legislature, the condition of the Central Bank, in pursuance of a Joint Resolution of both Branches of the Legislature, approved 30th December, 1837. To John T. Lamar, one hundred dollars for copying various reports of the Senate relative to the claim of George Golphin, in compliance with a request of the Senate of the United States. Sec. 9. And be it further enacted, c ., That the sum of one hundred and twenty-five dollars be, and the same is hereby appropriated to Henry Darnell, for drying, scouring, and taking care of the Senate and Representative Chambers, and making fires on wet days. Sec. 10. And be it further enacted by the authority aforesaid , That the sum of twenty dollars be paid to Col. James Austin, or his order, for expenses incurred by an express from Lawrenceville, Gwinnett county, to Milledgeville and back, a distance of one hundred and seventy-six miles, on matters touching the organization of the forces ordered out from said county by the Governor of this State, to act against the Cherokee Indians. That the sum of twenty dollars from the Military Fund, be paid Boswell Y. Evans, of Fayette county, for carrying an express from Fayetteville to the Seat of Government, the distance being to and from, 180 miles, at four dollars for every thirty-five miles. Sec. 11. And be it further enacted , That the sum of twenty-five dollars be, and the same is hereby appropriated, to compensate Seth Strange, of the county of Franklin. The like sum of twenty-five dollars, to compensate Robert G. Brown, of the county of Madison. The like sum of twenty-five dollars, to compensate James S. Blackwell, of the county of Elbert, for carrying expresses from the aforesaid county to the Governor, and conveying commissions to the Volunteer Companies ordered into the service of this State against the Cherokees; and that the Governor draw his warrant on the Treasurer in favor of the aforesaid persons, for the above amounts respectively. And the sum of fifty-eight dollars to Green B. Ball, to remunerate him for that amount expended by him in furnishing coffins for David Delk, Jared Irwin, John Hunter, John Crocker, and Billupz, who were killed by the Creek Indians in the county of Stewart, in the late Creek War.

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Sec. 12. And be it further enacted , That the sum of sixteen dollars be further appropriated for carrying an express from Cassville to Camp Call, in Hall county, Georgia, by Benjamin Laughridge, in the month of October, 1837. Sec. 13. And be it further enacted by the authority aforesaid , That the sum of twenty thousand dollars be, and the same is hereby appropriated, or as much thereof as may be necessary to complete the Government House in the City of Milledgeville; and said Committee are hereby instructed to finish said building and out-houses, and to rail in the lot in such style as the cost shall in no wise exceed in the whole the sum of fifty thousand dollars. Sec. 14. And be it further enacted , That the sum of one hundred and fifty-four dollars and forty-six cents, be appropriated to Adolphus S. Rutherford, for money paid by him for town lots in Columbus, which lots had previously been sold to other persons. Sec. 15. And be it further enacted , That the sum of fifteen dollars be, and the same is hereby appropriated to pay Isaac McCrary for his per diem services as a Representative in the last General Assembly from the county of Sumter, hitherto unprovided for. Sec. 16. And be it further enacted, c ., That the sum of fifteen hundred dollars be appropriated and paid Joel Crawford, Esquire, President of the Board of Railroad Commissioners; and to Samuel Farris and Charles L. Bolton, Esquires, Commissioners each, the sum of twelve hundred and fifty dollars, as salaries for their services for the year 1838. Sec. 17. And be it further enacted by the authority aforesaid , That the following sums of money be, and they are hereby appropriated to pay Patrick L. Robinson, State Printer, for certain services, to wit: For printing one thousand copies of the Bank Reports for the year 1837, the sum of eleven hundred and eighty-eight dollars. For indexing the Laws of 1837, the sum of fifty dollars, in addition to the sum allowed by the Executive. And one hundred and fifty dollars for preparing for the press, a copy of the Laws of 1837. Sec. 18. And be it further enacted, c ., That the Clerk employed by the Treasurer during the present session, be paid at the rates of five dollars per day for the time he has been employed. And the Clerk employed by the Comptroller General during the present session in his office, five dollars per day.

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Sec. 19. And be it further enacted , That the sum of twentyfive hundred dollars, or so much as may be necessary exclusive of exchange, be and the same is hereby appropriated as an additional sum to defray the expenses of the Rev. Charles W. Howard, now in London, as the Agent of the State, to procure copies of the Colonial Records of Georgia, and for charges incidental to that service; and that the same be disbursed under the superintendence of his Excellency the Governor. Sec. 20. And be it further enacted , That Andrew Bird, Joseph Hogin, John H. Newton, George W. McAlister, Robert R. Williams, James Young, Shephard Williams, Sen'r., and William Hines, and their successors in office, are hereby authorized and empowered, to draw and appropriate the sum of twelve hundred dollars for the improvement of the navigation of the Great Ogeechee river, agreeable to an act assented to on the 26th day of December, 1836; and his Excellency the Governor be, and he is hereby authorized and requested, to pay over said amount of money to said Commissioners, or the order of a majority of them. Sec. 21. And be it further enacted , That the sum of ten thousand dollars be, and the same is hereby appropriated as a Penitentiary Fund, to defray the expenses of the Institution, and payment of the debts due by the same. Sec. 22. And be it further enacted , That the sum of one dollar per day, be paid to Jesse C. Farrar and Andrew J. Hansell, each, in addition to their pay as Engrossing Clerks of the Journals of the House of Representatives and the Senate. Sec. 23. And be it further enacted by the authority aforesaid , That the sum of six hundred dollars be appropriated and paid to the Commissioner of the Indigent Deaf and Dumb of this State, for his salary, to be paid out of the fund reserved for their education. For an additional Clerk in the Surveyor General's Office during the present session, for recording Head Right Plats, five dollars per day, be and the same is hereby appropriated. And that the amount of the account of any of the Commissioners of the Western and Atlantic Rail Road, for expenditures made when travelling beyond the limits of this State on business connected with their duties, certified by any of said Commissioners, be paid by the Governor out of the Contingent Fund. Sec. 24. And be it further enacted , That the sum of one thousand dollars each per annum, be paid to one Clerk in the Office of the Surveyor General, and one Clerk in the Office of the Secretary of State.

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Sec. 25. And be it further enacted, c. , That his Excellency the Governor, be authorized to have the roof of the State-House, and such other parts of the house repaired, as he may deem expedient and necessary to prevent further injury to the house; and that the expenses thereof be paid out of the Contingent Fund; also, fenders to the fire places. Sec. 26. And be it further enacted , That the Directors of the Central Bank be authorized and required to pay the appropriations made by this and other acts of the Legislature, out of any current money in the Central Bank, without reference to the amount of the issues of said Bank. To Christopher F. Fickling, one of the Superintendents of the improvement of the navigation of Flint River, the sum of nine hundred and twenty-four dollars and thirty-two cents, it being the balance due on his accounts for work done on said river, and sustained by the vouchers accompanying his accounts, and that his Excellency draw his warrant on the Treasurer for the same, chargeable to the Appropriation of 1836, for the improvement of the navigation of Flint River. Sec. 27. And be it further enacted . That His Excellency the Governor be authorized and required, to draw his warrant on any money in the Treasury not otherwise appropriated, for such sum of money as shall be requisite to defray the expenses of the Convention to be held in May next, and to pay the Members in conformity to An Act passed at the present session of the General Assembly. Sec. 28. And be it further enacted , That the sum of four hundred dollars, or so much thereof as may be found necessary, be and the same is hereby appropriated to effect insurance on the Government Buildings in Milledgeville. To the Inspectors of the Penitentiary, (not exceeding three,) two hundred and fifty dollars each per annum. To Otis Childs, the sum of one hundred and twenty-five dollars for winding up the State-House Clock, keeping it in good repair, and for keeping clean the Stair-cases, and for sweeping out the gutters of the State-House; and if any repairs are necessary, the Governor be, and he is hereby authorized, to cause the same to be done, and pay therefor out of the Contingent Fund. And that his Excellency the Governor cause to be paid to Jeremiah Shaw, of the county of Lowndes, such compensation as is now provided by law for bearing expresses, the same being for the bearing an express from the county of Lowndes to his Excellency the Governor, in the month of June or July last;

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and that he cause the same to be paid James Fullwood, for like services rendered from the county of Ware to the Seat of Government, in the months aforesaid. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Seuate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. ARSENAL. AN ACT, To authorize the repairing of the Public Arsenal at Milledgeville, and to appropriate 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 his Excellency the Governor, cause the Public Arsenal at Milledgeville to be repaired forthwith, and that he advertise proposals for the same. Sec. 2. And be it further enacted , That he cause the Public Arms to be fully repaired and cleansed, and that the same be boxed up in strong and sufficient boxes. Sec. 3. And be it further enacted , That the sum of fifteen thousand dollars, or so much thereof as shall be necessary, be and the same is hereby appropriated to cover the expenses herein provided for. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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ASYLUM FOR THE POOR. AN ACT, To authorize the Justices of the Inferior Court of Oglethorpe county, to establish an Asylum for 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 so soon as the Justices of the Inferior Court of said county may deem the measure expedient, they shall be, and are hereby authorized to purchase a sufficient quantity of land for the use and occupation of the Invalid Poor of said county, erect suitable Buildings, and make every other provision which, to them, may appear necessary to an economical and comfortable support of such Invalid Poor. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 28th, 1838. ATTORNIES. AN ACT, To authorize certain persons therein named, 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 S. Murray, John J. Carey, William H. Gibson, Thomas C. Hatchet, Jared E. Kerby, Amelius Torrance, Isaiah T. Irwin, Stephen W. Harris, Richard F. Brantley, William B. Shelton, Sidney B. Paine, William R. McLaws, Cuyler W. Young, Alexander H. Cooper, William B. Guerry, William Paine, and Charles A.

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Reed, Jun. 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 S. Murray, John J. Carey, William H. Gibson, Thomas E. Hatchet, Jared E. Kirby, Amelius Torrance, Isaiah T. Irwin, Stephen W. Harris, Richard F. Brantley, William B. Shelton, Sidney B. Paine, William R. McLaws, Cuyler W. Young, Alexander H. Cooper, William B. Guerry, William Paine, and Charles A. Reed, Jun., shall upon their undergoing said examination and admittance, be held, deemed, and considered liable and responsible in law for all their acts and contracts, in the same manner and to the same extent, as if they were of full age. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. AN ACT, To admit Martin J. Crawford of the county of Harris, to plead and practice Law in the several Courts of 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 from and immediately after the passage of this act, Martin J. Crawford, of the county of Harris, be and he is hereby authorized and admitted to plead and practice Law, as a Counsellor, Attorney, and Solicitor, in the several Courts of Law and Equity in this State, upon the said Martin J. Crawford's undergoing the usual examination in open court, as now required by law. Sec. 2. And be it further enacted by the authority aforesaid , That when the said Martin J. Crawford shall be examined and admitted, in conformity to the provisions of this act, he shall be held, deemed, and considered liable and responsible for all contracts

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and engagements, as fully and completely as if the said Martin J. Crawford was of full age. And that all laws and parts of laws contrary to this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AUDITING ACCOUNTS. AN ACT, To regulate the Auditing of Accounts rendered by certain persons, and to provide for default in the application of monies appropriated in certain cases. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, no money appropriated for making or improving roads, improving the navigation of rivers, or other like objects, shall be paid out of the Treasury of this State, until the person or persons appointed to receive and disburse such money shall have given good and sufficient bond and security to apply the same according to the provisions of law, making such appropriation; and moreover, to make due and periodical reports of his or their actings, doings, and disbursements in the premises. Sec. 2. And be it further enacted , That it shall be the duty of the Comptroller General from time to time, as such reports are made, to audit the accompanying accounts, and to certify only such as shall be duly sustained by vouchers, and to credit the parties bound with the amounts audited and allowed. And in case any disbursing officer shall for three months be in default in making his or their report, or shall for the like space of time fail in producing the proper vouchers to sustain his or their accounts, it shall be the duty of his Excellency the Governor, on notice of the fact from the Comptroller General, to order the bond or bonds of such defaulting officer to be sued, and to report the same to the General Assembly at the ensuing session. Ssc. 3. And be it further enacted , That notice shall be given by publication by his Excellency the Governor, to all persons having in their possession money, negroes, or other property

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of the State, heretofore appropriated for the improvement of roads or rivers, and who have not fully accounted for the same, to render their accounts on or before the first day of June next, and to make a full and detailed report of his or their operations, and to show sufficient reason, if any they have, why the same should not be appropriated to some other object. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To regulate the auditing and payment of accounts against the State, approved December 26th, 1836, so as to extend the duties of the Comptroller General, in supervising the accounts of agents and others entrusted with the public funds. 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 addition to the duties of the Comptroller General, as required by the above stated act, it shall be, and is hereby declared to be the duty of the said Comptroller General, to supervise and audit the accounts of the agents of the State, and others, to whom have been or may hereafter be entrusted with the expenditure of monies appropriated for public purposes, and drawn from the Treasury, and make report thereof to the Governor, who shall lay the same annually before the General Assembly. Sec. 2. And be it further enacted , That if at any time it shall so happen that any of the public agents shall fail to make out semi-annual reports and accounts current, concerning the disbursements of the public money entrusted to such agents, supported by proper vouchers, such defaulting agent shall be proceeded against in such manner as the Governor shall in his discretion think most conducive to the interest of the State, any law to the contrary in any wise notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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BAIL. AN ACT, To regulate proceedings against Bail in Civil Cases. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That in all civil suits which may have hitherto been instituted, or which shall hereafter be commenced, where bail has been, or shall hereafter be required, and said bail has been, or shall hereafter be given, and pending the liability of said bail, he or she, shall attempt to remove beyond the limits of the State or County in which the same was required, it shall, and may be lawful, for the party at whose suit said bail was required, to attach the property of said bail, to answer the suit of said party Provided however , that said bail may discharge his property from said levy, by delivering up the body of the principal, according to the laws of this State. Sec. 2. And be it further enacted , That all laws militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 29th, 1838. BANKS. AN ACT, To authorize the business of Banking, and to regulate 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 citizens of this State shall have the privilege of Banking, from and after the passage of this act, upon the terms and conditions contained in the following sections of this act. The Comptroller, together with two Commissioners to be appointed as hereinafter directed, or a majority of them, are hereby authorized and

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required to cause to be engraved and printed in the best manner to guard against counterfeiting, such quantity of circulating notes, in the similitude of Bank notes, in blank, of the different denominations authorized by the incorporated Banks of this State, as they may from time to time deem necessary to carry into effect the provisions of this act, and of such form as they may prescribe; such Bank circulating notes shall be counter-signed, numbered, and registered in proper books, to be provided and kept for that purpose in the office of said Comptroller, under the direction of the said Comptroller and said Commissioners, by such person or persons as they or a majority of them shall appoint for that purpose, so that each denomination of such circulating notes shall all be of the same similitude, and bear the uniform signature of such register or one of such registers. Sec. 2. And be it further enacted , That whenever any person or association of persons, formed for the purpose of Banking under the provisions of this act, shall legally transfer to the Comptroller and said Commissioners, or to their successors in office, any portion of the public debt now created, or hereafter to be created by the United States, or by this State, or by such other States of the United States as shall be approved by the said Comptroller and Commissioners, or a majority of them, such person or association of persons shall be entitled to receive from such Comptroller and Commissioners an equal amount of such circulating notes, of different denominations registered and countersigned as aforesaid, but such public debt shall in all cases be or be made to be equal to a stock of this State producing five per cent. per annum; and it shall not be lawful for said Comptroller and Commissioners to take any stock at a rate above or below its par value. Sec. 3. And be it further enacted , That such persons or associations of persons are hereby authorized, after having executed and signed such circulating notes, in the manner required by the provisions of this act, to make them obligatory promissory notes, payable on demand, at the place of business, within this State, of such person or association, to loan and circulate the same as money, according to the ordinary course of banking business, as regulated by the laws and usages of this State. Sec. 4. And be it further enacted , That in case the maker or makers of any such circulating notes, countersigned and registered as aforesaid, shall at any time hereafter, on lawful demand, during the usual hours of banking, between the hours of nine and two o'clock, at the place where such notes is payable, fail or refuse to redeem such notes in gold and silver coin, of the standard value of the United States, the holder of such notes making such demand, may cause the same to be protested for non-payment by a Notary Public, under his seal of office, in the usual manner; and the Comptroller and said Commissioners,

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on receiving and filing in the office of such Comptroller such protest, shall forthwith give notice in writing to the maker or makers of such notes to pay the same, and if he or they shall omit to do so for sixty days after such notice, the said Comptroller and Commissioners shall immediately thereupon (unless they, or a majority of them, shall be satisfied that there is a good and legal defence against the payment of such note or notes) give notice in the papers printed in Milledgeville, that all the circulating notes issued by such person or association of persons, will be redeemed out of the trust funds in their hands for that purpose; and it shall be lawful for said Comptroller and Commissioners to apply the said trust funds belonging to the maker or makers of such protested notes, to the payment and redemption thereof, with cost of protest, and to adopt such measures for the payment of all circulating notes, put in circulation by the maker or makers of such protested notes, pursuant to the provisions of this act, as will in their opinion most effectually prevent loss to the holders thereof. Sec. 5. And be it further enacted , That the said Comptroller and Commissioners may give to any person or association of persons, so transferring stock in pursuance of the provisions of this act, powers of attorney to receive interest or dividends thereon, which such person or association may receive and apply to their own use; but such powers may be revoked upon such person or association of persons failing to redeem the circulating notes so issued as aforesaid, or whenever, in the opinion of the said Comptroller and Commissioners, the principal of such stock shall become an insufficient security, and the said Comptroller and Commissioners, upon the application of the owner or owners of such transferred stock in trust, may in their discretion, change or transfer the same for other stocks of the kind and value before specified in this act, or may re-transfer the said stocks or any part thereof, or the bonds and mortgages or any of them hereafter mentioned and provided for, upon receiving and cancelling an equal amount of such circulating notes delivered by them, to such person or association of persons in such manner that the circulating notes shall always be secured in full, either by stocks or by bonds and mortgages, as in this act is provided. Sec. 6. And be it further enacted , That the bills or notes so to be countersigned, and the payment of which shall be so secured by the transfer of public stocks, shall be stamped upon their face Secured by the pledge of public stocks. Sec. 7. And be it further enacted , That instead of transferring public stocks as aforesaid, to secure the whole amount of such bills or notes, it shall be lawful for such person or association of persons, in case they shall so elect before receiving any of the said bills or notes, to secure the payment of the said bills

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or notes so to be issued, by transferring to the said Comptroller and Commissioners bonds and mortgages upon real estate bearing at least six per cent. interest, and payable annually or semi-annually, in which case all such bills and notes issued by said person or association of persons, shall be stamped on their face, Secured by pledges of real estate. Sec. 8. And be it further enacted , That such bonds and mortgages shall be only upon unincumbered lands within this State, worth, independently of the buildings thereon, at least double the amount for which they shall be so mortgaged; and the Comptroller and Commissioners shall prescribe such regulations for ascertaining the title and the value of such lands, as they may deem necessary; and such bonds and mortgages shall be payable within such times as the Comptroller and Commissioners may direct. Sec. 9. And be it further enacted , That the said Comptroller and Commissioners may, in their discretion, reassign the said bonds and mortgages, or any of them, to the person or association of persons who transferred the same, on receiving other approved bonds and mortgages, or other unquestionable security, as allowed by the preceding sections of this act, of equal amount and value. Sec. 10. And be it further enacted , That the person or association of persons, so assigning such bonds and mortgages as aforesaid, may receive the annual interest to accrue thereon, unless default shall be made in paying the bills or notes to be countersigned as aforesaid, or unless, in the opinion of the Comptroller and Commissioners, the bonds and mortgages so pledged shall become insufficient security for the payment of such bills or notes. Sec. 11. And be it further enacted , That in case such person or association of persons, shall fail or refuse to pay such Bills or notes on demand, in the manner specified in the fourth section of this act, the Comptroller and Commissioners, after the sixty days' notice therein mentioned, may proceed to sell at public auction the public stocks so pledged, or the bonds and mortgages so assigned, or any or either of them: Provided , the amount so refused to be paid, be not paid by said association within the sixty days, out of the proceeds of said sales, shall pay and cancel the same bills or notes, default in paying which shall be made as aforesaid; but nothing in this act contained shall be considered as implying any pledge or liability on the part of this State, for the payment of the said bills or notes, beyond the proper application of the securities pledged to the Comptroller and Commissioners for their redemption. Sec. 12. And be it further enacted , That the Comptroller and Commissioners shall be, and they are hereby authorized to

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receive from such person or association of persons, if they shal so elect, bonds, and mortgages for lands, town property or negroes, before recovering any of the said bills or notes to secure, of fourfold value of such bills or notes: Provided nevertheless , that the said Comptroller and Commissioners shall be satisfied of the title and value thereof: And provided also , that the said town or other property, if subject to diminution or destruction by fire, shall be insured to the satisfaction of such Comptroller and Commissioners or a majority of them: And provided further , that the negro property to be offered do not exceed onehalf of the whole amount of such bills or notes; and whenever the bills and notes so to be issued, and the payment of which shall be secured as contemplated in this section, said bills and notes shall be stamped on the face secured by the pledge of real and personal property; which bonds, mortgages, and negroes, shall be sold in like manner as property is sold under execution, and in the county where the owner or owners thereof reside, and by the Sheriff of the county, by orders of the Comptroller and Commissioners. Sec. 13. And be it further enacted , That no stockholder or any officer of said Bank, shall borrow money from the pledge of his stock, but shall give the same security as other borrowers of said Bank, and such security shall not be either a director or stockholder in said Institution. Sec. 14. And be it further enacted , That the public debt, stocks, bonds, and mortgages, to be deposited with the Comptroller and Commissioners by any such person or association, shall be held by them exclusively for the redemption of the bills or notes of such person or association put in circulation as money, until the same are paid; but the same shall be renewed every five years, if, in the opinion of the Comptroller and Commissioners, or a majority of them, such renewal shall be required to strengthen such security by the addition or substitution of other property. Sec. 15. And be it further enacted , That the plates, dies, and materials, to be procured as aforesaid, for the printing, making, and marking the circulating notes, provided for by this act, shall remain in the custody, and under the control and direction of the Comptroller and Commissioners, and expenses necessarily incurred in executing the provisions of this act, shall be advanced by the association or associations applying for such notes. And the said Comptroller and Commissioners are hereby authorized and required, to charge against and receive from such person or association applying for such circulating notes, such rate per cent. thereon as may be sufficient for that purpose, and as may be just and reasonable. Sec. 16. And be it further enacted , That it shall not be lawful for the Comptroller and Commissioners, or other officers, to

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countersign bills or notes for any person or association of persons, to an amount in the aggregate exceeding the security offered at its value as before provided for, and actually deposited with the Comptroller and Commissioners, by such person or association; and any Comptroller, Commissioner or other officer who shall violate any of the provisions of this act, shall, upon conviction, be adjudged guilty of a misdemeanor, and shall be punished by a fine not less than ten thousand dollars, and imprisoned not less than five years in the Penitentiary. Sec. 17. And be it further enacted , That if any person or association of persons shall be convicted of running off, or attempting so to do, any negro slave so mortgaged as aforesaid, or of selling or disposing of such mortgaged property, which may be removed out of this State, he or they shall be adjudged guilty of a felony, and shall be punished by confinement in the Penitentiary for a term not less than five, or more than ten years, at the discretion of the Court. Sec. 18. And be it further enacted , That any person or number of persons may associate to establish Offices of Discount or Deposite, and circulation, upon the terms and conditions, and subject to the liabilities prescribed by this act; but the aggregate amount of the capital stock of any such association shall not be less than one hundred thousand dollars. Such persons, under their hands and seals, shall make a certificate, which shall specify: I. The name assumed to distinguish such association, and to be used in its dealings: Provided , the name of any existing Bank, or any name previously selected by any association formed under this law, be not assumed. II. The place where the operations of discount and deposite of such association are to be carried on, designating the particular city, town, or village. III. The amount of the capital stock of such association, and the number of shares into which the same shall be divided. IV. The names and places of residence of the Shareholders, and the number of shares held by each of them respectively. V. The period at which such association shall commence and terminate. Which certificate shall be proved and acknowledged, and recorded in the office of the Clerk of the Superior Court where any office of such association shall be established, and a copy thereof filed in the office of the Comptroller. Sec. 19. And be it further enacted , That the certificate required by the last preceding section to be recorded and filed as aforesaid, or a copy thereof duly certified from the record, shall be received in evidence in any Court in this State. Sec. 20. And be it further enacted , That such association

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shall have power to carry on the business of banking by discounting bills, notes, and other evidences of debt, by receiving deposites, by buying and selling gold and silver bullion, foreign coins and bills of exchange, in the manner specified in their articles of association for the purposes authorized by this act, by loaning money on real or personal security, and by exercising such incidental powers as shall be necessary to carry on such business; to choose one of their number as President of such association, and to appoint a Cashier, Officers and Agents at pleasure, and appoint others in their places. Sec. 21. And be it further enacted , That the shares of said association shall be deemed personal property, and shall be transferable on the books of the association in such manner as may be agreed upon in the articles of association, and every person becoming a shareholder by such transfer, shall in proportion to his shares, succeed to all the rights and liabilities of prior shareholders and no change shall be made in the articles of association by which the rights, remedies, or security of its existing creditors shall be weakened or impaired. Such association shall not be dissolved by the death or insanity of its shareholders therein. Sec. 22. And be it further enacted , That it shall be lawful for any association of persons organized under this act, by their articles of association, to provide for an increase of their capital, and of the number of the associates, from time to time as they may think proper. Sec. 23. And be it further enacted , That contracts made by any such association, and all notes and bills by them issued, and put in circulation as money, shall be signed by the President or Vice-President, and Cashier of such association thereof; and all suits and actions brought, or prosecuted by, or in behalf of such association, may be brought or prosecuted in the name of such association; and no such suit or action shall abate by reason of the death of any officer or member of such association, but upon suggestion of such fact, parties may be made, and the case proceed as if no such disability had intervened. Sec. 24. And be it further enacted , That all persons having demands against any such association, may maintain actions against it in the name of such association in like manner; and all judgments and decrees obtained or rendered against such association for any debt or liability of such association, shall be enforced against the joint property of such association, until that shall have been exhausted; and when that shall have been exhausted, then against the property of the individual stockholders rateably. Sec. 25. And be it further enacted , That no shareholder

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of any such association shall be liable in his individual capacity, for any contract, debt, or engagement of such association, unless the articles of association by him signed, shall have declared such liability, except as provided for. Sec. 26. And be it further enacted , That it shall be lawful for such association to purchase, hold and convey real estate for the following purpose: that is to say, such as shall be necessary for its immediate accommodation in the convenient transaction of its business, or such as shall be mortgaged to it in good faith by way of security for loans made by, or monies due to such association, or such as shall be conveyed to it in satisfaction of debts previously contracted in the course of its dealings, or such as it shall purchase under judgments or mortgages held by such association. Sec. 27. And be it further enacted , That upon the application of creditors or shareholders or any of such association, whose debts or shares shall amount to five thousand dollars, and stating facts verified by affidavits, or if, at any time, the said Comptroller and Commissioners shall deem it necessary, either from facts resting within their own knowledge, or from information supported by oath, upon the application of such Comptroller and Commissioners, the Judge of the Superior Court of the district in which any such association shall be located, or be doing business, who shall, in the exercise of chancery jurisdiction in chambers, upon a proper case made, order a strict examination to be made by either of the said Commissioners, or any other fit and proper person, of all the affairs of such association for the purpose of ascertaining the safety of its investments and the prudence of its management, and the result of every such examination, together with the opinion of such examiner and such Judge thereon, shall be published in such manner as the said Judge shall direct, and shall make such order in respect to the expenses of such examination and publication, as the principles of justice shall require. Sec. 28. And be it further enacted by the authority afosesaid , That all mortgages executed under this act, shall be recorded in the manner and time now required by law in relation to other mortgages; and if upon real estate, shall also be recorded in the county where the mortgager resides; and if not so recorded, it shall not be received as security, and shall be null and void. Sec. 29. And be it further enacted , That every such association shall, on the first Mondays in April and October, in every year, after having commenced the business of Banking, as prescribed by this act, make out and transmit to the Comptroller and Commissioners, in the form to be prescribed by them, a full statement of the affairs of the association, verified by the oath of the President and Cashier, which statement shall contain,

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1st. The amount of capital stock paid in according to the provisions of this act, or secured to be paid. 2d. The value of the real estate of the association, specifying what portion is occupied by the association as necessary for the transaction of its business. 3d. The shares of the stock held by such association, whether absolutely, or as collateral security, specifying each kind and description of stock, and the number and value of shares of each. 4th. The amount of debts due to the association, specifying such as are due from monied or other corporations or associations, and also specifying the amount secured by bonds and mortgages, or judgments, and the amount which ought to be included in the computation of losses. 5th. The amount of debts due by such association, specifying such as are payable on demand, and such as are due to monied, or other corporations or associations. 6th. The amount of claims against the association, not acknowledged by it as debts. 7th. The amount of notes, bills, or other evidences of debt issued by such association. 8th. The amount of the losses of such association, specifying whether charged on its capital or profits since its last preceding statement, and of its dividends declared and made during the same period. 9th. The average amount in each month during the preceding six months, of the debts due to and from the association, the average amount of specie, and designating how much gold, how much silver, and how much silver possessed by the same during each month, and the amount of bills and notes issued by such association and put in circulation as money, and outstanding against the association on the first day of each of the preceding six months. 10th. The average amount in each month during the preceding six months due to the association from all the shareholders in the association; also, the greatest amount due to the association in each of the preceding six months from all the shareholders in such association. 11th. The amount which the capital of said association has been increased during the preceding six months if there shall have been any increase of said capital, and the names of any persons who may have become parties to the said articles of association, or may have withdrawn therefrom since the last report; it shall be the duty of the Comptroller and Commissioners to consolidate the several Spring reports so required to be made by this section, and to cause them to be published in a newspaper printed in the county where the place of business of such association is situated, if there be one, and in one or more papers printed at the Seat of Government; and the October reports to be transmitted to his Excellency the Governor, to be

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laid before the General Assembly; the expense of such publication to be paid by such association. Sec. 30. And be it further enacted , That if any such association shall neglect to make out and transmit the statement required in the last preceding section for fifteen days beyond the period when the same is required to be made, or shall violate any of the provisions of this act, such association may be proceeded against and dissolved by the Court, in the same manner as any monied corporation may be proceeded against and dissolved. Sec. 31. And be it further enacted , That if any portion of the original capital of any such association shall be withdrawn for any purpose whatever, whilst any debts of the association remain unsatisfied, no dividends or profits on the shares of the capital stock of the association shall thereafter be made until the deficit of capital shall have been made good, either by subscription of the shareholders, or out of the subsequently accruing profits of the association; and if it shall appear that any such dividends had been made, it shall be the duty of the Comptroller and Commissioners to take the necessary measures by injunction or otherwise, for closing the affairs of the association and distributing its property and effects among its creditors. Sec. 32. And be it further enacted , That such association shall be liable to pay to the holder of every bill or note put in circulation as money, the payment of which shall have been demanded and refused, damages for non-payment, in lieu of interests at and after the rate of 18 per cent. per annum, from the time of such refusal, until the payment of such bill or note, and the damages thereon. Sec. 33. And be it further enacted , That in all settlements between the chartered Banks and the associations, contemplated by this act, said chartered Banks shall receive in payment their own bills and bills of their Branches. Sec. 34. And be it further enacted , That the President and Cashier of every such association, formed pursuant to the provisions of this act, shall at all times keep a true and correct list of the names of the shareholders of such association, and shall file a copy of such list in the office of the clerk of the Superior Court of the county where any office of such association may be located, and also in the office of the Comptroller, on the first Mondays in April and October in every year. Sec. 35. And be it further enacted , That it shall not be lawful for any association formed under the provisions of this act, to make any of its bills or notes, of a denomination less than $1,000, to be put in circulation as money, payable at any other place than at the office where the business of the association is carried on and conducted.

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Sec. 36. And be it further enacted , That no association of persons authorized to carry on the business of banking under this act, shall, at any time for the space of thirty days, have on hand at their place of business less than 25 per cent. in specie on the amount of the bills or notes in circulation as money. Sec. 37. And be it further enacted , That the Commissioners contemplated by this act, shall be elected by joint ballot of both branches of the General Assembly, during the present session, and at every subsequent session thereafter, and shall be subject to be removed in the manner pointed out by the Constitution; said Commissioners shall be commissioned by the Governor, and shall, together with the Comptroller, take an oath for the faithful discharge of the duties required by this act, and shall receive four dollars per day for each day they shall be actually engaged in their duties, to be rateably paid by such association, in the manner hereinbefore pointed out by this act for the payment of expenses. Sec. 38. And be it further enacted , That no association of persons under this act, shall be formed and established for a longer period than twenty years Provided , That at the expiration of the time limited by this section, it shall be in the power of any association to re-organize under the provisions of this act, if then of force, or under any other law which a future Legislature may adopt on the same subject. Sec. 39. And be it further enacted , That neither the Comptroller or Commissioners, shall be authorized to hold stock in any of the said banks, and should they violate the provisions of this section, they shall forfeit their office and appointment and the amount paid in by said Commissioners and Comptroller, shall accrue to and become the property of the State. Sec. 40. And be it further enacted , That any transfer or disposition, by the Comptroller or Commissioners, or by either of them, of any public debt alluded to in the 2d section of this act, or any transfer or disposition of bonds or mortgages, for any purpose, other than is provided for in this act, such transfer or disposition shall be null and void. Sec. 41. And be it further enacted , That the General Assembly may, at any subsequent session, alter, amend, or repeal this act. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December, 1838.

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AN ACT, To regulate the settlements between the Banking Institutions of this State, and to define the liabilities of Stockholders who shall transfer their interest therein, or other Institutions. 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 several Banks chartered by the General Assembly of this State, and the Branches thereof, shall receive their own bills, whether issued or made payable at the parent Bank, or any of its Branches, at par, at the counter of such parent Bank, or any of its Branches, in settlement of balances due to such parent Bank or any of its Branches, as the case may be; any law or usage to the contrary notwithstanding. Sec. 2. And be it further enacted by the authority aforesaid , That where the Stockholders in any Bank or other Corporation, are individually responsible under the Charter thereof, and any such Stockholder shall transfer his or her stock, he or she shall be exempt from all liability for the notes and contracts of such Bank or other Corporation, unless he or she receive written notice from any creditor thereof, within six months after such transfer, (in which case he or she shall not be exempt from such creditor's claim) Provided , such Stockholder shall give notice once a month for six months of such transfer, and immediately thereafter in two newspapers in, or nearest to the place where such Bank or other Corporation shall keep the principal office. Sec. 3. And be it further enacted , That all laws and parts of laws militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To authorize the Directors of the Central Bank to extend the loan made by them, or to borrow a sum of money therein expressed. 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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Directors of the Central Bank be, and they are hereby authorized to contract for an extension of the time upon which the money authorized to be borrowed by them, under an act of the last Legislature, was procured; or to borrow upon the credit of said Bank, the sum of six hundred thousand dollars: Provided , that the time to which said loan may be extended, or upon which the money hereby authorized to be borrowed may be obtained, shall not exceed the period of two years, from the time of making the contract under this act. Sec. 2. And be it further enacted , That the money procured under this act, shall be applied by the Central Bank, to the payment of appropriations made by the present and past sessions of the Legislature. Sec. 3. And be it further enacted , That the Directors of the Central Bank shall pay the loans hereby authorized, out of the funds of said Bank, when the same shall fall due. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 28th December, 1838. AN ACT, To amend an act to establish a Bank at Milledgeville, to be called and known by the name and style of the Central Bank of Georgia, and to extend the charter thereof, to appropriate monies, c., to increase the capital stock 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 the charter of the Central Bank of Georgia, passed the twenty-second day of December, eighteen hundred and twenty-eight, and the several acts amendatory thereto, be and the same are hereby continued and extended, until the first day of May, in the year of our Lord, one thousand eight hundred and fifty. Sec. 2. And be it further enacted by the authority aforesaid , That the Directors of the Central Bank of Georgia shall have power and authority to appoint such Attorney or Attornies at law, or in fact, as they may deem necessary, and to revoke all such appointments at pleasure. Sec. 3. And be it further enacted by the authority aforesaid , That the Directors aforesaid be, and they are hereby authorized to charge on all accommodation notes which are not paid, or renewed at maturity, in accordance with the rules or usages of

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said Bank, interest at the rate of eight (8) per cent. per annum, and on all bills of exchange, or other paper not paid at maturity, interest at the same rate. Sec. 4. And be it further enacted , That the Directors aforesaid shall have power and authority to discount or purchase bills of exchange, or other paper, which in their opinion may be good, without reference to the limitation contained in the 25th section of the charter of said Bank, only so far as to authorize them to purchase exchange for the purpose of remitting funds to pay interest on the State's bonds, or any other debt contracted abroad, by authority of the Legislature. Sec. 5. And be it further enacted by the authority aforesaid , That in all suits instituted by said Bank on demands due to it, it shall be authorized to receive and recover interest at the rate of eight per cent per annum, after the maturity of the debt, besides cost. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 29, 1838. AN ACT, To amend an act entitled an act to incorporate the Insurance Bank of Columbus. Whereas it is provided in the said act, that the Insurance Bank of Columbus shall be at liberty to establish branches, or Offices of Discount, and Deposit, and Insurance, not exceeding three in number, at such places, and at such times as a majority of the Stockholders may deem suitable and proper, at their option, and to discontinue the same. And whereas a large majority of the Stockholders of the said Bank have deemed it suitable and proper to establish an Office of Discount and Deposit in the City of Macon, and have established the same, but are desirous, for the more convenient transaction of their business, that the office so established should be their principal Office: 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 it may and shall be lawful for the said Insurance Bank of

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Columbus to establish its principal Office in the City of Macon, any thing in the said act herein referred to, to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 28th, 1838. BRIDGES. AN ACT, To establish Joseph Collins', Jun. Bridge across the Ohoopy River, in Tatuall county, and to rate the Ferriage 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, Joseph Collins, Jun. shall be entitled to ask and receive Toll from all persons who may hereafter cross the Ohoopy River on his Bridge, in Tatnall county. Sec. 2. And be it further enacted by the authority aforesaid , That the said Joseph Collins, Jun. shall receive the following rates of toll, to wit, for each wagon and four horse team, fifty cents; each wagon and two horses, twenty-five cents; for each Jersey wagon and horse, twelve and a half cents; for each cart and horse, twelve and a half cents; for each four wheel pleasure carriage, fifty cents; for each two wheel pleasure carriage, twenty-five cents; for each man and horse, six and one-fourth cents; for each single horse, mule, c., six and one-fourth cents; for each head of cattle, sheep, hogs, c, two cents. Sec. 3. And be it further enacted by the authority aforesaid , That the said Joseph Collins, Jun. shall be entitled to receive the above stated toll, and that should any damages happen to any person or persons crossing the aforesaid Bridge, by any neglect of the said Joseph Collins, Jun., that he shall be liable to an action of damage in any Court having jurisdiction thereof. Sec. 4. And be it further enacted by the authority aforesaid , That if any person or persons should damage, destroy, or injure

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the said Bridge aforesaid, that they shall be subject to an indictment in the Superior Court of said county, and subject to fine at the discretion of said Court. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 29th December, 1838. AN ACT, To authorize certain persons therein named, and their associates, their heirs and assigns, to build a Bridge, or establish and maintain a Ferry, by means of steam or team boats, across the Savannah River at the City of Savannah, or within four miles thereof, either above or below said City, and to receive such Toll for passing the same as shall be therein regulated. Whereas M. Hall McAllister, William Law, Frederick Densler, William B. Bulloch, and J. MacPherson Berrien, and others, have by their memorial made known to the Senate and House of Representatives of the State of Georgia, the importance of a permanent and constant means of communication between the northern and southern banks of the Savannah river, at or near the city of Savannah, and have applied for authority to build a Bridge or Bridges, or establish and maintain a Ferry by means of Steam or Team Boats across said river in promotion thereof; And whereas their application has for its object the advancement of trade, the facility of communication, and the good of their fellow citizens of Georgia generally: 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 the exclusive right of erecting, having, or keeping a Bridge or Bridges, or establishing and maintaining a Ferry by means of Steam or Team Boats across the Savannah River, at the City of Savannah, or within four miles thereof, either above or below said City, be and the same is hereby vested in M. Hall McAllister, William Law, Frederick Densler, William B. Bulloch, and J. MacPherson Berrien, and their associates, their heirs and assigns, as tenants in common, and not as joint tenants, for, during

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and until the full end and term of twenty years from and after the passing of this act Provided , that the said M. Hall McAllister, William Law, Frederick Densler, William B. Bulloch, and J. McPherson Berrien, and their associates, shall keep the said bridge or bridges, or steam or team boats in good repair: And provided also , nothing herein contained shall operate to defeat, or in the slightest manner to impair the right already vested by law in any person or persons to establish and maintain a Ferry or Ferries across the aforesaid river And provided also , that nothing in this act shall be so construed as to authorize the above named persons and their associates, to erect or construct a bridge or bridges so as to obstruct the navigation of said Savannah river: And provided also , nothing herein contained, shall be so construed as to prohibit any Railroad Company from continuing its Railroad across said Savannah river, or from constructing or erecting a Bridge or Bridges across the same for continuing said Railroad. Sec. 2. And be it further enacted by the authority aforesaid , That it shall and may be lawful for the said M. Hall McAllister, William Law, Frederick Densler, William B. Bulloch, and J. McPherson Berrien, and their associates, their heirs and assigns, to demand, have and receive the following toll, and no more, at their said bridge or bridges or ferry, for the aforesaid term of twenty years, to wit: For every wagon and team, seventy-five cents; for every four wheel carriage, seventy-five cents; for every two wheel carriage, thirty-seven and a half cents; for every one horse four wheel carriage, thirty-seven and a half cents; for every cart, thirty-seven and a half cents; for rolling hogsheads of any kind, twenty-five cents; for every man and horse, twelve and a half cents; for every man on foot, six and a quarter cents; for every horse or cow, six and a quarter cents; for every hog, goat, or sheep, four cents. Sec. 3. And be it further enacted by the authority aforesaid , That no other bridge or bridges or ferry across the Savannah river, except such as have been provided for by the first section of this act, shall be established or permitted, on any pretence whatever at the City of Savannah, or within four miles of said City, either above or below the same, unless by the consent and approbation of the said M. Hall McAllister, William Law, Frederick Densler, William B. Bulloch, and J. McPherson Berrien, and their associates, their heirs, or assigns, during the continuance of the exclusive right hereby vested in the said M. Hall McAllister, William Law, Frederick Densler, William B. Bulloch, and J. McPherson Berrien, and their associates, their heirs and assigns. Sec. 4. And be it further enacted by the authority aforesaid , That if the bridge or bridges so erected by virtue of this act, shall be destroyed by freshets or otherwise, and shall not be again rebuilt

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within two years thereafter; or if the said bridge or bridges shall from want of repairs, or from any other cause, be impassable for the space of two years at any one time, or the said Ferry Boats be discontinued for the space of two years at any one time, or from the want of repairs, or from any other cause become dangerous to life or property, as Ferry Boats for the crossing of said Savannah river, and remain so for the space of one year at any one time, that in such case, the right hereby vested in M. Hall McAllister, William Law, Frederick Densler, William B. Bulloch, and J. McPherson Berrien, and their associates, their heirs and assigns, shall immediately thereafter cease, determine, and become void, as if this act had never passed. Sec. 5. And be it further enacted by the authority aforesaid , That all acts and parts of acts militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 31st, 1838. AN ACT, To incorporate the Florence 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, or near the town of Florence, that Alexander Burnett, Thomas Gardner, M. J. Lawrence, John D. Pitts, Samuel Tompkins, James B. Brown, A. P. Rood, and the Florence Company, together with their associates, successors, and assigns, be and they are hereby created a corporate body politic, by the name and style of the Florence 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 by-laws, and to do all lawful acts properly incident and connected with the object of the said corporation, and necessary for the government and transaction of its business, and the construction of the said Bridge, and to make and use a common seal, and the same to alter and destroy at their pleasure: Provided , that their by-laws be not repugnant to the laws and Constitution of this State, or of the United States.

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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 one hundred 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; said stock having been already subscribed for, and terms of payment agreed on. Sec. 3. 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 passage of this act. 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 happen by death, resignation, or removal of the President. Sec. 4. And be it further enacted by the authority aforesaid , That the Directors for the time being shall have power and authority to appoint such officers and clerks under them, as shall be necessary for executing the business of said Corporation, 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 of the affairs of said Corporation, as to them shall appear most conducive to the interest of said Corporation, and shall also have power to make contracts in their official capacity, which shall be binding upon the Corporation aforesaid. Sec. 5. 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 that is received by law for crossing on the Toll Bridge at the City of Columbus, over the Chattahoochee river. Sec. 6. And be it further enacted by the authority aforesaid , That the said Corporation shall build a good and substantial Bridge across the said river Chattahoochee, at the place before mentioned, so as not in any manner to obstruct the navigation of 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 or 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,

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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, nor longer than ten years, and shall be further liable to pay all expenses of repairing or rebuilding the same, the one half of which shall be paid to the informer. Provided however , that the said Corporation shall commence the work within two years, and complete the same in four years after the passage of this act, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. CAVALRY COMPANIES. AN ACT, To repeal an act entitled 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, passed the fourteenth day of December, 1837, so far as relates to such companies in the county of Lincoln. 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 edacted by the authority of the same , That from and after the passage of this act, the act aforesaid, passed and assented to on the said fourteenth day of December, 1837, be and the same is hereby repealed, so far as the same relates to such companies in the said county of Lincoln. Provided , that the benefit of this act shall not be extended to any individual

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member of such Company, who shall not be equipped and uniformed according to the tenor, and effect, and requisitions of the said act, passed the 22d day of December, 1835, and who shall not perform his duties as such member of such Company, and observe and conform to the orders, rules and regulations of such Company. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 28th December, 1838. CENSUS. AN ACT, To compensate persons who have rendered services in taking the Census of the State of Georgia, during the year of our Lord, one thousand eight hundred and thirty-eight. Whereas, there has been by law no provision made for the compensation of persons who have rendered services in taking the Census of the State of Georgia, during the year of our Lord eighteen hundred and thirty-eight. 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 the sum of thirty thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated and set apart out of any monies in the Treasury, and not otherwise appropriated, for the compensation of such persons aforesaid; and his Excellency the Governor of this State is authorized and required to draw his warrant on the Treasury in favor of the several persons who have rendered the State said services, for the several sums due each person respectively. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 22d November, 1838.

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CERTIORARIES AND INJUNCTIONS. AN ACT, Supplementary to an act entitled an act to regulate the granting of Certioraries and Injunctions in this State, passed December 4th, 1811. 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, it shall not be lawful for any Judge of the Superior Court to sanction or grant any writ of Certiorari under the provisions of the above recited act, unless such writ of Certiorari shall be applied for within the term of six monihs next, after the case has been determined in the Court below. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws that militate against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. CHURCHES. AN ACT, To incorporate certain Churches therein named, 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 Benjamin Roberts, Patrick H. Drake, Benjamin Hall, John McLellan, William Hitchcock, be and they are hereby appointed Trustees of Beulah Church, in the county of Hancock.

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Sec. 2. Be it further enacted , That John Wilkes, Laban Pitts, Leonard H. Clark, John Garret, Leonard H. Young, John Stilwell, be and they are hereby appointed Trustees of Antioch Church, in the county of Troup. Sec. 3. Be it enacted by the authority aforesaid , That Robert B. Mann, Joseph Youngblood, William Trice, and William Collier, are hereby appointed Trustees of the Emman's Baptist Church, in the county of Upson. Sec. 4. Be it further enacted , That Perry G. Sinquefield, Deacon, Wiley P. Burks, Joseph W. Anthony, John Bartley, and Sterling Edwards, Lay-members, are hereby appointed Trustees of Greenville Baptist Church, in the town of Greenville, Merriwether county. Sec. 5. Be it further enacted , That John Willis, John Evans, William Crow, Sen., Elisha Free, and William L. Crow, are hereby appointed Trustees of the Baptist Church, at Salem, in the county of Habersham. Sec. 6. Be it enacted by the authority aforesaid , That Thomas Moon, William Henderson, Lazarus Wood, Reuben Brock, and Neadham Freeman, are hereby appointed Trustees of the Baptist Church at Blue Creek, in the county of Habersham. Sec. 7. Be it further enacted , That David Gugel, Louis Myers, Frederick Hinely, Benjamin Secinger, and Jacob Hinely, are hereby appointed Trustees of the Goshen Wesleyan Methodist Episcopal Church, in the county of Effingham. Sec. 8. And be it further enacted , That Robert W. Pooler, and Jeremiah Cuyler, (Church Wardens) and Alexander A. Smetts, M. Hall McAllister, and Benedict Bourquine (Vestry Men) be, and they are hereby appointed Trustees of the Saint Michael's Church, in Effingham county, to be known by the name and style of The Church Wardens and Vestry Men of the Episcopal Church in Springfield in the county of Effingham, called Saint Michael's Church. Sec. 9. And be it further enacted , That 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 the various Churches 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, and to appoint such officers as may be necessary for the government of said Churches: Provided such by-laws and regulations are not repugnant to the Constitution and laws of this State, or of the United States. Sec. 10. And be it further enacted , That the Trustees of the various Churches herein mentioned, shall be capable of holding

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real and personal estate, all gifts, grants, and immunities which may now belong to said Churches, or which may hereafter be conveyed to them or their successors in office, for the benefit of said Churches; 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 may fill any such vacancy, and do all manner of business appertaining to the corporations herein established: Provided no Church hereby incorporated shall hold more real estate than may be necessary for the ordinary purposes of its creation. Sec. 11. And be it further enacted by the authority aforesaid , That Jesse B. Battle, Starling Evans, Anthony Jones, Thomas Whaley, and James McCason, and their successors in office, be and they are hereby declared to be a body corporate, by the name and style of the Horeb Baptist Church, in the county of Hancock, with like privileges with other Churches hereby incorporated. Sec. 12. And be it further enacted, c. , That Philip Ramsour, Thomas Byrd, James Pussell, and John Peoples, be and they are hereby appointed Trustees of the Bethel Church, in the county of Cass. Sec. 13. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To incorporate Shiloah Christian 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 John H. Low, Jacob Collihan, William Anderson, Adam Clements, Zachariah Halliway, and George L. Smith, 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 Shiloah Christian Church in the county of Wilkes.

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Sec. 2. And be it further enacted by the authority aforesaid , That the 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 Church by gifts, grants, purchase, or otherwise, for the use and benefit of said 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 by-laws, rules and regulations, for their own government of the affairs of said Church, as they may think necessary and proper Provided , such by-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 Church. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To incorporate the Botsford Baptist Church of Burke 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 John M. Jones, Abner R. Moore, John Skinner, William Lasseter, and Lewis F. Powell, shall be, and they are hereby declared to be a body politic and corporate, by the name and style of The Trustees of the Botsford Baptist Church of Burke County, and that the Trustees aforesaid, and their successors in office, shall be invested with power and authority to hold all manner of property, both real and personal, which they may hereafter acquire, or which they now possess, by gift, grant, or purchase, and with all privileges and immunities

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whatever, which may belong to said Trustees of said Church, or which hereafter may be made, granted, or transferred to them, to have and to hold the same, for the proper use, benefit and behoof of the said Church; and the said Trustees and their successors in office, in the name and by the style aforesaid, shall be, and are hereby declared to be, capable of sueing and being sued, and of using all necessary and legal steps, of recovering and defending any property whatever, which said Trustees may hold or claim. Sec. 2. And be it further enacted by the authority aforesaid , That the said Trustees, or a majority of them, shall have full power and authority to make all laws and ordinances, necessary for the government of the temporal affairs of said church, not repugnant to the constitution and laws of this State; and also to appoint such subordinate officers, as they may deem necessary for the conducting the business of said corporation. Sec. 3. And be it further enacted by the authority aforesaid , That the said Trustees, or a majority of them, shall have full power and authority to fill all vacancies which may occur in the aforesaid board, by death, resignation or otherwise, in such manner as they may ordain and establish in and by the by-laws of said corporation. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To incorporate the Wesleyan Methodist Episcopal Church in the Town of Springfield, Effingham county, and to appoint Trustees for the same; and for the Tuckaseeking Methodist Episcopal Wesleyan Church in Effingham county, 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 Wesleyan Methodist Episcopal Church at Springfield, in Effingham county, shall be known by the name of Springfield Church, and that John Charlton, Sen., Solomon Zettrower, John G. Mingledorf, Emanuel Shearhouse, and Joseph Bedenbock, and their successors in office be, and they are hereby declared to

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be, a body politic and corporate by the name and style of the Trustees of Springfield Church; and as such shall be capable and liable in law, to sue and be sued, plead and be impleaded, and shall be authorized to make such by-laws and regulations as may be necessary for the government of said Church: Provided , such by-laws are not repugnant to the constitution and laws of this State and of the United States: And provided also , such by-laws are not repugnant to the discipline of the Methodist Episcopal Church; and for the purposes 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; and that Benjamin C. Porter, Jno. G. Morell, J. Mallett, W. A. Ryals, and John R. Morgan, be, and they are hereby, appointed and constituted Trustees of the Tuckaseeking Methodist Episcopal Wesleyan Church in Effingham county. Sec. 2. And be it further enacted by the authority aforesaid , That the said Trustees shall be capable of accepting and being invested with all manner of property, real and personal, all donations, gifts, privileges, and immunities whatsoever, which may now belong to said Churches, 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 Churches. 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 Churches, the survivors, or a majority of them, shall fill the same, in such manner as shall be pointed out by the by-laws and regulations of the Trustees aforesaid. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 29th December, 1838. AN ACT, Amendatory of an act entitled an act to incorporate the Baptist Convention of the State of Georgia, and to authorize certain Trustees of the Mercer University to make by-laws and regulations for the government of the village of Pennfield. 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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the Baptist Convention of the State of Georgia, at their next annual meeting, shall elect a board of Trustees (as provided for by their charter), and shall, every three years thereafter, elect said board of Trustees, which board of Trustees shall continue in office for three years, and until their successors in office shall be appointed; and it shall be the duty of said board of Trustees to make annual reports of their proceedings to said Baptist Convention (at its next annual meeting, and every subsequent annual meeting.) Sec. 2. Be it enacted by the authority aforesaid , That the Trustees of the Mercer University, who may reside on the premises of the Baptist Convention in Greene county, in and near the village of Pennfield, shall be authorised and empowered to make such by-laws and regulations for the government of the village of Pennfield, and the premises above named, as may be proper and necessary to carry out the design of the said Baptist Convention: Provided , That such by-laws and regulations be not repugnant to the laws or constitution of this State, or of the United States. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. AN ACT, To incorporate the Methodist Episcopal Camp Ground in the county of Warren, known by the name of Fountain Camp Ground. Whereas, a portion of the citizens of the county of Warren, and the adjacent counties, have located and made permanent, by purchase, a tract of land, containing two hundred acres, more or less, in the county of Warren, for the use of a Camp Meeting Ground, known and called the Fountain Camp Ground; and whereas, it is necessary for the promotion of religion and virtue, that Churches or Religious Societies, be made capable of holding, enjoying and defending, any property which they may acquire by purchase, donation or otherwise. Section 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly

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met, and it is hereby enacted by the authority of the same , That Spivey Fuller, Seaborn Dozier, Reuben Webster, William Gresham, John H. Beall, Alpheus Fuller, Thomas H. White, Aaron T. Kendrick, and Henry W. Massengale, and their successors in office, be, and they are hereby declared to be, a body corporate, by the name and style of Trustees of the Fountain Methodist Episcopal Camp Ground, at Fountain Warren county. Sec. 2. And be it further enacted , That the said Trustees and their successors in office, shall be invested with all manner of property, real or personal, all monies due, or to become due, donations, gifts, grants, purchases privileges and immunities whatsoever, which shall or may belong to the said Fountain Methodist Episcopal Camp Ground, at the time of passing this act, including the tract of land where said Fountain Camp Ground is situate, containing two hundred acres, be the same more or less, having such shape, mark, and boundaries, as is contained in a deed of conveyance from John Nesbit and Aaron T. Kendrick, to Spivey Fuller, Seaborn Dozier, Reuben Webster, Wm. Gresham, John H. Beall, Alpheus Fuller, Thomas H. White, Aaron T. Kendrick, and Henry W. Massengale, by the name and style of the Trustees of Fountain Camp Ground, in Warren county, and also all property which may hereafter be conveyed or transferred to them, or their successors in office, to have, and to hold the same, to the proper use, benefit, and behoof, of said Fountain Camp Ground and Church. And also, that the said Trustees in office shall, and they are hereby declared to be, capable of sueing and being sued, impleading and being impleaded, and of using all legal and necessary steps for recovering or defending any property whatever, which said Camp Ground or Church may hold, claim or demand; and also for recovering the rents, issues, and profits of the same, or any part or parcel thereof. Sec. 3. And be it further enacted , That when any vacancy may happen in the Trustees, by death, resignation, or otherwise, that a majority of the Trustees in office shall, and are hereby required to fill any and every such vacancy or vacancies, from time to time. Sec. 4. And be it further enacted , That the said Trustees have full power to make all by-laws and regulations in relation to the property of said Camp Ground, and for the preserving good order and quiet during the public worship of God, at any and every meeting, and other matters, as they, or a majority of them, may deem proper, and which are not inconsistent with the laws and constitution of this State. Sec. 5. And be it further enacted , That all the rights, privileges,

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franchises, and immunities, hereby and herein granted, shall continue for the space and term of thirty years from the passage of this act, and no longer. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838. AN ACT, To incorporate the Baptist Church at Bethel, Heard county, 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 Christopher B. Brown, Jephtha V. Davis, Britain Simms, Sen., Daniel Whitaker, and Silas Cheek, and their successors in office, be and they are hereby declared to be a body corporate, by the name and style of the Trustees of the Baptist Church, at Bethel, in the county of Heard, with power to hold any property, either real or personal, which may now belong to, or be hereafter acquired by said Church, whether by purchase, gift, or bequest, with all the privileges and immunities thereunto belonging, for the use and benefit of the said Church, and they are hereby declared capable of sueing and being sued, and of using all legal means for defending or recovering any property whatever, which they the said Trustees may hold, claim, or demand. Sec. 2. And be it further enacted , That the above named Trustees shall continue in office until the Saturday preceding the second Sabbath in November, 1839, when the male members of the said Church shall, at their usual place of worship, proceed to the election of five Trustees for the year thence ensuing, and on the Saturday preceding the second Sabbath in November in each and every year thereafter, an election shall be held in like manner, any member of the Board being re-eligible, and in the event that there may be a failure to hold an election at the time above directed, an election may be held on any day thereafter, written notice being put up at the door of the Church by any one or more members of the last Board of Trustees, at least ten days previous to the day fixed on for such election. Sec. 3. And be it further enacted , That any vacancies which may occur in the Board of Trustees by death, removal,

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resignation, or otherwise, may be filled by a majority of the remaining members of the said Board. Sec. 4. And be it further enacted , That the said Trustees or a majority of them, shall have power and authority to appoint such officers, to make and ordain such by-laws and regulations as they may deem necessary and proper for the carrying into effect the provisions of this act, and for the management of the temporal affairs of said Church: Provided , such by-laws and regulations be not repugnant to the Constitution and laws of this State. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. CITIES. AN ACT, To extend the limits of the City of Savannah, and to authorize the corporate authorities of said City to borrow money for works of internal improvement. 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 corporate limits of the city of Savannah shall be bounded as follows: on the south, by the present southern boundary line of said City prolonged; on the east, by a line parallel with Bull street, and extending from the eastern side of the mouth of the creek which bounds the wharf of the Eastern Wharf Company on the east; southwardly, to said prolonged line; and on the west, by Musgrove creek to the Augusta road; thence along the said road eastwardly to the point at which said road crosses the Savannah, Ogeechee and Altamaha Canal; thence south, on a line parallel with Bull street, to the said southern line of the City prolonged. Sec. 2. And be it further enacted by the authority aforesaid , That the corporate limits and authority of said City be, and they are hereby, extended over the waters of the Savannah river, and the land covered by said waters which lie south of

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Hutchinson's Island, west of the above described eastern boundary line of said City prolonged; northwardly to said Island, and east of a line parallel to Bull street, and extending from the western side of the mouth of Musgrove creek northwardly to said Island. Sec. 3. And be it further enacted by the authority aforesaid , That the ordinances, regulations, and authority, of the corporation of said City, and the jurisdiction of the Court of Common Pleas, and Oyer and Terminer, for said City, be, and they are hereby, extended and made of force, in and over said limits. Sec. 4. And be it further enacted by the authority aforesaid , That the limits heretofore prescribed for the police jurisdiction of the corporate authorities of said City shall not be narrowed or restricted by any provision contained herein, but the same shall be extended and continued, for the purposes of, and agreeably to, the provisions of the act passed 22d December, 1829. Sec. 5. And be it further enacted by the authority aforesaid , That the Mayor and Aldermen of said City be, and they are hereby, authorized and empowered to obtain money on loan, on the faith and credit of said City, for the purposes of contributing to works of internal improvement. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 27th December, 1838. AN ACT, To alter and amend the several acts in relation to the City of Augusta, and the Court of Common Pleas of said City, to exempt the members of the Fire Company of said City from Jury duty; to regulate officer's fees in certain cases, and to authorize the Justices of the Peace to require cost to be paid or secured before suits are commenced. 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 Judge of the said Court shall be made by the City Council of Augusta, the first to take place on the first Saturday in November, eighteen hundred and forty-one, and then every third year thereafter;

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and in case of a vacancy occurring at any time after the passage of this act, the said City Council shall fill the same at such time as they may determine. Sec. 2. And be it further enacted by the authority aforesaid , That when any such election shall take place, it shall be duly certified by the Mayor of said City, to the Governor of this State, whose duty it shall be to commission the person who may be elected for the regular term of three years, or to fill a vacancy, as the case may be. Sec. 3. And be it further enacted by the authority aforesaid , That any defendant in any cause, in said Court, shall be allowed to plead as many pleas as he or she may think necessary to his or her defence, notwithstanding the same may be contradictory to each other. Sec. 4. And be it further enacted by the authority aforesaid , That in all cases brought in said Court, the defendant or defendants may plead any set off, notwithstanding the same may exceed in amount the jurisdiction of said Court; but no judgment shall be rendered on said set off, in favor of the defendant or defendants, for a sum greater than five hundred dollars. Sec. 5. And be it further enacted by the authority aforesaid , That it shall and may be lawful for said Court to draw at each term and have summoned for the trial of causes therein pending, thirty-six special Jurors, from which number, or any number attending, not less than eighteen (except by consent of parties,) a jury shall be selected in the manner now provided by law. Sec. 6. And be it further enacted by the authority aforesaid , That the members of the Fire Company of the City of Augusta, be, and they are hereby, exempted and released from the performance of Jury duty, in any of the Courts held in said City, or the county of Richmond, while they are members: Provided , they do not exceed one hundred in number and are regular in the discharge of their duties as Firemen. Sec. 7. And be it further enacted by the authority aforesaid , That when horses, cattle, or other stock, are levied on or sold in the City of Augusta, by any officer under legal process from any Court in this State, it shall and may be lawful for the Court, to which he is answerable, to allow such officers to retain out of the proceeds of sale, such charge for keeping said property as to said Court may seem reasonable. Sec. 8. And be it further enacted by the authority aforesaid , That the Justices of the Peace of the militia districts in the City

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of Augusta, shall be authorized to require from all plaintiffs, whether residing in said county or not, before commencing suits the costs to be paid or secured. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To amend the several laws for the incorporation of the City of Macon, and to authorize the Mayor and Council of said City to contract for the loan of money; to appoint and remove the Marshal and Clerk of Council, and to fix their compensation. Whereas, an act has been heretofore passed authorizing the Mayor and Council of the City of Macon to contract for the loan of a sum or sums of money, not exceeding two hundred thousand dollars; and whereas, that sum has already been borrowed and invested in Stocks, for the purposes of internal improvementIn order, therefore, to enable said Corporation to raise further sums: 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 make and execute contracts for the loan of money, and to the town commons and public property of said City, for the payment of the same: Provided , said Corporation do not contract loans for a greater amount than two hundred thousand dollars over and above the amount borrowed. Sec. 2. And be it further enacted by the authority aforesaid , That from and after the passage of this act, the Marshal and Clerk of Council of said City of Macon, shall be elected by the said Mayor and Council, annually, at their first meeting after the first Monday in January, in each year, and be removable at their discretion; and that the said Mayor and City Council shall have the power to fix and alter, at their discretion, the respective salaries of the said Marshal and Clerk: Provided , That the said Mayor and City Council shall not diminish the salaries of the said Marshal and Clerk during the period of office for which they shall have severally been elected.

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Sec. 3. And be it further enacted , That it shall be the duty of the Mayor of said City, whenever it becomes necessary for him to leave this State, to obtain the consent of a majority of said Council before his departure; otherwise his office shall, ipso facto , become vacant. Sec. 4. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To extend the corporate limits 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 from and after the passage of this act, the corporate limits of the City of Macon be, and the same are hereby extended, so as to include within the same, Lots numbers three and four, in Block L., being a part of Fractional Lot number fifty-nine on the East side of the Macon Reserve. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 29th, 1838.

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AN ACT, To vest in the Mayor and Aldermen of the cities of Columbus and Macon, the exclusive right of regulating patrol duty within the corporate and jurisdictional limits of said cities, and to authorize the proper authorities of said cities to commute with persons liable to perform patrol duty, and to appoint, organize, and establish a Guard. 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 and Aldermen of the cities of Columbus and Macon, shall have exclusive power and authority to execute and regulate the patrol laws of this State within the corporate and jurisdictional limits of the cities of Columbus and Macon, to establish patrol districts, and to commute with such persons as are liable to do or perform patrol duty; to appoint an officer, a guard, or such company or companies as may be required, from time to time, and to impose fines and penalties in addition to those imposed by the laws of the State, and collect the same; all of which must be executed under such rules and regulations as may be established and ordained by the Mayor and Aldermen of said cities aforesaid; any law, usage, or custom, to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 29th, 1838. CITIZENSHIP. AN ACT, To grant the rights and privileges of Citizenship to certain persons, and their descendants of the Cherokee tribe of Indians hereinafter named, and to remove all legal disabilities heretofore imposed on said tribe of Indians, so far as respects said persons. 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 the wife and children

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of John Langley; the wife and children of Lock Langley; the wife and children of David Shaw; Maliga Parris, his wife and children; the wife and children of Alfred Scudder; the wife and children of Alfred Hudson; the wife and children of John Rogers; William Rogers, wife and children; Robert Rogers, wife and children; Joseph Collins and children; Charles Vickory and children; the wife and children of Charles Harris; the wife and children of Bird Harris; the wife and children of William Harris; the wife and children of Parker Collins, deceased; Charlotte Vickory and children; the wife and children of Samuel Bennett; the wife and children of Silas Palmer; the wife and children of Lewis Blackburn; Charles Duncan, wife and children; George Welch and children; and George M. Waters and his descendants, be, and they, and each of them, are hereby permitted to enjoy all the rights and privileges that appertain and belong to the free citizens of this State; and that all disabilities heretofore imposed upon said persons of the Cherokee Tribe of Indians, be, and the same are hereby repealed. Sec. 2. And be it further enacted , That the beforementioned persons shall be liable to perform all and singular the duties of citizens of Georgia. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 29th, 1838. COMPILATION OF LAWS, c. AN ACT, To alter and amend an act entitled an act to compile and arrange the Laws and Resolutions of this State, passed since the political year one thousand eight hundredpassed the twelfth of December, one thousand eight hundred and nine. Whereas, the above recited act requires that the Laws and Resolutions of this State shall be compiled and arranged every ten years; and whereas, a digest of the Laws and Resolutions of a general nature, together with a synopsis of all local laws prior to 1837, have been digested and arranged by the late

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Oliver H. Prince, which has been purchased by the State, thereby rendering a compilation under the existing law in a great measure unnecessary: 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 during the year one thousand eight hundred and forty-six, and not till then, the laws of this State passed since the political year one thousand eight hundred and thirty-six, with the concurred and approved resolutions, (except such as relate to elections by the general assembly) and every ten years thereafter, shall be compiled and arranged, and printed, together with all local laws not already compiled in former digests, which shall be done under the provisions of the above recited act so far as it may not conflict with this act. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 27th December, 1838. COMPUTATION OF TIME. AN ACT, To alter the mode of computing time 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 sume , That from and after the passage of this act, in all cases whatsoever, where time is required to be computed by the month or by months, the computation shall be by the calendar month or by months, the computation shall be by the calendar month and not by the lunar month: Provided always , That this act shall not affect rights or interests accrued before its passage. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 28, 1838.

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CONSTABLES. AN ACT, To authorize Justices of the Peace in this State to appoint Constables in certain cases 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 whenever any vacancy in the office of Constable shall occur in any militia District in this State, by death, removal or otherwise, it shall and may be lawful for the Justices of the Peace of the District where such vacancy may occur, to appoint some fit and proper person to act as Constable for such District till a successor may be elected and qualified, as is now required by law. Sec. 2. And be it further enacted by the authority aforesaid , That when the Constable of any District may be unable to perform the duties of his office, from sickness or other disability, or on account of the amount of business being so great that it cannot be done in due time by the Constable of the District, the Justices of said District may appoint some suitable person to act as Constable for such District during such disability. Sec. 3. And be it further enacted , That all persons appointed to act as Constables by virtue of this act, shall give bond and security and be sworn for the faithful performance of their duties, as Constables are now required by law to do. Sec. 4. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838.

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CONTRACTS IN WRITING. AN ACT, To declare the force and effect of certain Contracts and Instruments in Writing, therein specified. Whereas, a diversity of decisions has prevailed in the several courts of this State in regard to the force and effect of certain written Contracts and Instruments in writing hereafter mentioned, for remedy whereof, and for the purpose of securing uniformity of decisions hereafter to be made in the several courts of Law and Equity in this State respecting such Instruments: 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, whenever any written Constract or other Instrument in writing shall be produced in evidence, or for any other legal purpose whatever, before any court of Law or Equity in this State, during the progress of any bill or suit whatever, pending in any of said Courts, and such written Contracts or Instrument in writing shall have a scroll or other representation of a seal annexed thereto instead of a seal composed of a wafer or wax, or other tenacious substance; and also, whenever it shall be shown by words expressed in the body or conclusion of said written Contract or other Instrument in writing, that it was the intention of the party or parties subscribing the same, to become bound by, or to execute a writing, obligatory or sealed instrument, though no scroll or seal has been annexed to said written Contract or other Instrument, shall be held, taken, and construed by said Courts, both at Law and in Equity, to have all the force, effect, and dignity of writings obligatory or instruments under seal: Provided , That the provisions of this act shall not extend to any instruments heretofore executed. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor Assented to, 29th December, 1838.

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CONVENTION. AN ACT, To provide for the call of a Convention to reduce the number of the General Assembly of the State of Georgia, and for other purposes 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 the first Monday in April, eighteen hundred and thirty nine, be and the same is hereby, designated and set apart as the day on which the citizens of Georgia, qualified to vote for members of the Legislature, shall at the several places prescribed by law for holding such elections, vote for delegates to represent them in Convention, in number equal to their representation in both branches of the General Assembly, according to the last census; such election to be conducted, managed, and certified, under the same laws as are of force in respect to elections of members of the General Assembly. Sec. 2. And be it further enacted , That it shall be the duty of such managers to transmit to his Excellency the Governor, the result of said elections under the laws now of force, conducting, managing, and certifying elections of members of the General Assembly as aforesaid, within ten days after such election; whereupon it is made the duty of his Excellency the Governor, to issue his proclamation declaring the result of such election by notifying the individuals severally elected to represent the good people of Georgia in Convention, as contemplated by this act. Sec. 3. And be it further enacted , That every citizen of the United States shall be eligible to a seat in said Convention who has attained the age of twenty-five years and been an inhabitant of this State three years immediately preceding the day of election, and who shall have resided one year in the county for which he shall be elected. Sec. 4. And be it further enacted , That each member returned as duly elected shall, previous to taking his seat in said Convention, take the following oath or affirmation, viz:I do solemnly swear that I will not attempt to add to, or take from the Constitution, or attempt to change or alter any other section, clause, or article of the Constitution of the State of Georgia, other than those touching the representation in the General Assembly thereof, and that I have been a citizen of this State for the last three years: so help me God. And any person elected to a seat in said Convention, who shall refuse to take the oath aforesaid, shall not be allowed to take his seat in said Convention.

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Sec. 5. And be it further enacted , That the members of said Convention shall assemble on the first Monday in May, after their election, at Milledgeville, in the Representative Chamber of the State House, for the purpose of entering upon and consummating the great objects of their Convention, to wit: a reduction and equalization of the General Assembly; shall have power to prescribe their own Rules and forms of business, and to determine on the qualifications of their own members, elect necessary officers, and make all orders which they may deem conducive to the furtherance of the object for which such convention shall assemble. Sec. 6. And be it further enacted , That it shall be the duty of his Excellency the Governor, to give publicity to the alterations and amendments made in the Constitution in reference to the reduction of the number of members composing the General Assembly, and the first Monday in October, next after the rising of said Convention, he shall fix on for the ratification by the people, of such amendments, alterations, or new articles, as they may make for the objects of reduction and equalization of the General Assembly only; and if ratified by a majority of the voters who vote on the question of Ratification, or No Ratification, then and in that event, the alteration so by them made and ratified, shall be binding on the people of this State, and not otherwise. Sec. 7 And be it further enacted , That it shall be a fundamental article in the formation or amendments of the Convention, that each county of the State, now organized or laid out, or which may hereafter be created by law, shall be entitled to at least one Representative in the Representative branch of the General Assembly. The Senate shall be composed of fortysix members only, from forty Senatorial Districts, composed of two contiguous counties; and in the event of the creation of any new county it shall be added to some contiguous Senatorial District; and that the said convention shall not disturb the federal basis in apportioning the representation in the General Assembly of the State of Georgia. Sec. 8. And be it further enacted , That so soon as this act shall have passed, his Excellency the Governor be, and he is hereby required, to cause it to be published in the Gazettes of this State once a week, until the day fixed on by this act for the election of Delegates to said Convention, as well as the number to which each county shall be entitled in said Convention according to the apportionment of members of the General Assembly, to be made under the late census taken and returned during the present year. Sec. 9. And be it further enacted , That the delegates to said Convention be paid at and after the same rates that the members of the General Assembly now receive, and that his

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Excellency the Governor, be requested to draw his warrant on the Treasurer for the same, out of any money not otherwise appropriated; and 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 26th December 1838. COUNTY SITES. AN ACT, To be entitled an act to make the Site of the Public Buildings and Seat of Justice for the County of Paulding, permanent in the Town of Van Wert, and to incorporate 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, the site of the public buildings and seat of justice for said county, shall be permanent in the town of Van Wert, in said county. Sec. 2. And be it further enacted by the authority aforesaid , That the free white persons resident in the town of Van Wert, as laid off by the Inferior Court of said county, shall be a corporate body to all intents and purposes. Sec. 3. And be it further enacted by the authority aforesaid , That the Male Corporators of said town over the age of twenty-one, may meet in said town on the first Saturday in February next, and on the first Saturday in every February thereafter, to elect five Commissioners for said town, who shall hold their office for one year from the day of election, and until their successors are elected. Sec. 4. And be it further enacted , That the Commissioners shall be authorized to pass by-laws, rules and regulations for the government of said town: Provided , the same are not repugnant to the Constitution and laws of this State, and of the United States.

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Sec. 5. And be it further enacted , That all laws, or parts of laws militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 27th 1838. AN ACT, To amend an act entitled an act to move the County Site of the County of Floyd from the Town of Livingston, and locate the same permanently at Rome, in said county, and to incorporate 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 commissioners of the town of Rome, before entering upon the duties of their office shall take and subscribe the following oath, before some person legally authorized to administer the same, to wit: I do solemnly swear, or affirm, as the case may be, that I will faithfully and impartially perform all and singular, the duties required of me as Commissioner of the town of Rome, to the best of my skill and knowledge: so help me God. Sec. 2. And be it further enacted by the authority aforesaid , That the said Commissioners shall in each year after being duly organized, elect from that body an Intendant; and on the second Saturday in each year, elect by ballot a Clerk, Marshal, and such other officer or officers as the said Commissioners may deem necessary for the better government of said Town; and the said Clerk, Marshal, or such other officer or officers as may be elected before entering upon the duties of their office shall give bond and security in the sum of three hundred dollars, payable to the said Commissioners and their successors in office, for the faithful performance of the duties required of them, and shall take and subscribe the following oath, to wit: I do solemnly swear that I will faithfully and impartially do and perform all and singular, the duties required of me (as Clerk, Marshal, or other officer, as the case may be) to the best of my skill and knowledge: so help me God. Sec. 3. And be it further enacted by the authority aforesaid , That the Commissioners of the said Town of Rome shall have exclusive government and control of all patrol, and of all free

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white persons liable to work on the roads, residing within the corporate limits of the said Town of Rome. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. COUNTIES. AN ACT, To lay out and organize a new County from the counties of Floyd and Walker. 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 the Alabama line, at the corner of the 12th and 13th districts of the fourth section, and running thence east on said district line to the north east corner of the twenty-fifth district and third section, thence south on the district line to the south east corner of the same district, thence west of the district line to the north west corner of lot number five, in the 24th district of the third section, thence on a direct line to be run by the Surveyor for the county of Floyd, by the way of the south west corner of the fifth district and fourth section. 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 Chattooga, and shall be attached to the Cherokee Circuit, and to the second brigade and twelfth division Georgia Militia. 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 fourth 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

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County Surveyor for said County, and that the election for said county officers shall be held at the house of John Henrys, and conducted aud superintended in the manner prescribed by law; and the Governor, on the same being duly certified, shall commission the persons returned, as elected at said elections, to hold their offices respectively during the time prescribed by law; and 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 requisite number of Justices of the Peace in said District. Sec. 4. And be it further enacted by the authority aforesaid , That the Justices of the Inferior Court of said County, after they shall have been 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 the public site, and cause the same to be laid out into lots and streets, and to sell the lots so laid out at public auction, and apply the proceeds thereof to the building 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 John Henry 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 until their successors shall be elected and commissioned as aforesaid 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 first Monday in April and on the Wednesday after the first Monday in October, and the Inferior Courts on the first Monday of August and February. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838.

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AN ACT, To be entitled an act to amend and alter an act, passed 20th December, 1834, to appoint Commissioners to build a Court House and Jail, in the county of Lowndes, and to select a suitable place for the same; and an act amendatory of said act, passed 23d December, 1835, so as to authorize a majority of the Commissioners to act, and make valid their contracts in the sale of Lots. 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 majority of the Commissioners be, and they are hereby authorized to do all acts that said Commissioners are authorized to do by said acts, and to make and execute Deeds in fee simple to all Lots that they may sell under said acts. Sec. 2. And be it further enacted by the authority aforesaid , That all Deeds heretofore executed by said Commissioners or a majority of them, are hereby declared to be valid and binding: Provided , said Deeds are executed and attested according to law. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To more definitely define the line between the Counties of Murray and Gilmer. Whereas, the line now existing between the Counties of Murray and Gilmer, through the twenty-seventh District, is indefinite; and whereas, from having never been surveyed, numbers of citizens living in and about what is called the Aleyculay Valley, are uncertain to which of said Counties they belong, for remedy whereof: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same , That a line running through the twenty-seventh District and second section, now partly in Gilmer and partly

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in Murray County, comprehending the north and south range of lots, beginning at Lot No. one hundred and nine, and ending at Lot No. one hundred and twenty-six, adjoining the Tennessee line, shall hereafter be known and distinguished as the true line between said Counties, and that the said range of lots and all the district west thereof be attached to the County of Murray. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To define and establish a line between the Counties of Rabun and 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 from and immediately after the passage of this act, the following line shall be known and distinguished as the dividing line between the Counties of Rabun and Habersham, to wit: Commencing at or near a point known as Blair's line, where the same intersects the dividing line between said Counties of Rabun and Habersham, thence running due west on a line between Lots Nos. seventy-two and seventy-three, of the sixth District of originally Habersham, to the Union County line. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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AN ACT, To add Lot number one hundred and fifty-nine in the thirteenth district of originally Wilkinson, now Laurens County, to the County of Montgomery. 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, Lot number one hundred and fifty-nine in the thirteenth district of originally Wilkinson, now Laurens County, be and the same is hereby, added to and become a part of the County of Montgomery. Sec. 2. And be it further enacted by the authority aforesaid , That all laws militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 29th, 1838. COUNTY SURVEYORS. AN ACT, To authorize and empower County Surveyors to administer oaths 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 from and after the passage of this act, County Surveyors, when called on to admeasure and lay off dower, or divide lands held in common or joint tenancy, shall be, and they are hereby, authorised and empowered to administer the oaths prescribed by law in such cases. Sec. 2. And be it further enacted by the authority aforesaid , That all laws militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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COUNTY TREASURERS. AN ACT, Amendatory to, and explanatory of the several acts now of force in this State in relation to the creation of County Treasurers, c. Whereas, the existing laws now of force in this State, creating County Treasurers, defining their respective duties and liabilities are variously construed, some Inferior Courts recognizing them as imperative to appoint another beside the clerk of the Inferior Court for their Treasurer, while other Courts regard it as permissive only, and placed entirely within the discretion of the Courts, to do the one or the other; And whereas, under the latter construction no law provides for taking any bond or recognizance on the part of the clerk, where he shall be held and deemed the legitimate County Treasurer, as aforesaid, for the faithful execution of his trust as County Treasurer, whereby the whole finances of a county are placed entirely in the hands of said County Treasurer, without proper guaranties of fidelity: 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 it shall so happen, that the Justices of any Inferior Court or Courts, of any county or counties of this State, or a majority of them, shall decide that they are not inhibited from retaining their clerk as County Treasurer; then and in that case, they shall nevertheless proceed to take proper bond and security of said clerk, in like manner as is pointed out for County Treasurers generally. Sec. 2. And be it further enacted , That the said clerk, acting as County Treasurer, shall be required to pass all receipts for monies received by him, and in all respects conform to all the duties pointed out for other County Treasurers. Sec. 3. And be it further enacted , That all laws militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 31st December, 1838.

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COURTS. AN ACT, To legalize the adjournment of Morgan Superior Court. Whereas, the Honorable John G. Polhill, late Judge of the Superior Courts of the Ocmulgee Circuit, directed the clerk of the Superior Court of Morgan county, by an order in writing, to adjourn said Court from the first Monday in September to the fourth Monday in November, 1838, and departed this life before the day which he directed the clerk to adjourn said Court: And whereas, the Clerk adjourned said Court in pursuance of said order, and doubts are entertained as to the legality of said adjournment: 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 the adjournment of the Superior Court of Morgan county, from the first Monday in September to the fourth Monday in November, 1838, made by the clerk of said Court in obedience to an order from the late Judge Polhill, is hereby made legal, and that all rules, orders, verdicts, judgments, and decrees, which may be rendered and obtained, and all other proceedings which may be had at said adjourned term of said Court, shall be as valid, and of as full force and effect, as if Judge Polhill had been in life at the time said Court was adjourned by the clerk under his said order. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 23d November, 1838. AN ACT, To legalize the adjournment of the Superior Court of Muscogee 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 adjournment of the Superior Court in the county of Muscogee,

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on the third Monday in October last, to the second Monday in December, ensuing, is hereby legalized, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 8th December, 1838. AN ACT, To legalize and make valid the adjournment of Bibb Superior Court, at the late Fall Term, 1838, and to authorize the holding of said Court in pursuance of said adjournment, and to change the time of holding the Superior Court of Richmond county, and the Inferior Courts of Richmond and Columbia Counties. Whereas, the presiding Judge of the Superior Court of the county of Bibb, at the regular term of said Court, held on the third Monday in November, 1838, did adjourn said Court over until the second Monday in January thereafter: And whereas, there are doubts entertained as to the legality of that adjournmentfor 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 order of the Judge of the Superior Court of the county of Bibb, at the late regular term of the said Court, held on the third Monday in November, 1838, adjourning over the said Court until the second Monday in January 1839, is hereby declared legal and valid, and that said Court be held in pursuance of the said order of adjournment. Sec. 2. And be it further enacted by the authority aforesaid , That the session of the Inferior Court of Columbia county, shall hereafter be on the fourth Monday of January and June; and the sessions of the Inferior Court of Richmond county, shall hereafter be on the first Monday of March and September. Sec. 3. And be it further enacted by the authority aforesaid , That the session, of the Superior Court of Richmond county, shall hereafter be on the second Monday in January and June. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838.

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AN ACT, To change the time of holding the Superior Courts in the counties of Franklin, Habersham and Rabun, and the Superior and Inferior Courts of Macon 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 time of holding the Superior Courts in and for the counties of Franklin, Habersham and Rabun, shall hereafter be held at the following times, to wit: for the county of Rabun on the Thursday before the second Monday in April and October, in each and every year, for the county of Habersham on the second Monday in April and October, and for the county of Franklin on the third Monday in April and October, and the Superior Courts of Macon county shall be held on the first Mondays in May and November, and the Inferior Courts of said county of Macon on the first Mondays of February and August. Sec. 2. And be it further enacted by the authority aforesaid , That all Jurors drawn and summoned, and all writs, precepts and processes, of all kind, nature or description, shall stand over and be returnable to the times hereinbefore specified. Sec. 3. And be it further enacted , That all laws or parts of laws militating against said act are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 8th December, 1838. AN ACT, To legalize the adjournment of Baldwin Superior Court and to alter and fix the times of holding the Superior and Inferior Courts of Baldwin county, and for other 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 adjounrment of the Superior Court of the county of Baldwin from the first Monday in December, eighteen hundred and thirty-eight, to the third Monday in January, eighteen hundred and thirty-nine, be and the same is hereby legalized and made valid to all interests and purposes.

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Sec. 2. And be it further enacted , That the Superior Courts of the county of Baldwin, shall hereafter be held on the third Monday in January and July, in each and every year, and the Inferior Courts of said county on the second Monday in April and October. Sec. 3. And be it further enacted , That the Grand and Petit Jurors drawn and summoned to attend at the December term of the said Superior Court, shall be considered as regular Jurors at the next January term of said Court, and all witnesses subp[UNK]naed to attend the December term of said Court, shall be bound to attend the next January term of said Court, as the regular term thereof; and process made returnable to the December term of said Court, shall stand as returnable to the next January term thereof. Sec. 4. And be it further enacted , That the Jurors drawn at the last term of the Inferior Court for the next February term, shall be bound to attend at the next April term of said Court, and all process made returnable to the next February term of said Court, shall stand as returnable to the next April term thereof. Sec. 5. And be it further enacted , That all laws or parts of laws contravening the provisions of this act be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 28th December, 1838. AN ACT, To alter the times of holding the Superior and Inferior Courts of the Chattahoochee Circuit in said State, so far as relates to the county of Harris, and the Inferior Courts of the county of Houston. 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 times of holding the Superior Courts of the Chattahoochee Circuit shall be as follows, to wit: in the county of Harris, on the fourth Monday in March and September. Sec. 2. And be it further enacted by the authority aforesaid , That the times of holding the Inferior Courts in the county of Harris, shall be held on the fourth Mondays in June and December; and the Inferior Courts in the county of Houston, shall be held on the fourth Mondays in January and July. Sec. 3. And be it further enacted by the authority aforesaid , That all writs and processes that are now made returnable to

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any of the aforesaid Courts, be and the same are hereby made returnable to said Courts as regulated by this act; and that all persons recognized or subp[UNK]naed, to appear at said Courts, shall be held liable to appear at said Courts at the times herein prescribed; any law, usage, or custom to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To change the time of holding the Superior and Inferior Courts in the County of Wilkes. 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 third Monday in February and on the fourth Monday in July, 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 May and on the fourth Monday in September, in each and every year. Sec. 3. 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 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. 4. And be it further enacted by the authority aforesaid , That writs, precepts, and processes, of any kind or nature whatsoever, 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 by this act. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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AN ACT, To alter and change the time of holding the Inferior Courts of the county of Stewart. 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 Court of the county of Stewart, shall be on the first Monday in May and November, in each and every year thereafter, instead of the time now established 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 terms which by the 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 pocesses whatsoever, heretofore issued, or that may hereafter be issued, returnable to the terms of said Courts as are now fixed by law shall be considered and held as returnable to the terms of said Courts respectively, as fixed by 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To alter and fix the times of holding the Superior Courts of the Southern Circuit, 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 first day of January next, the following shall be the times of holding the Superior Courts in the several counties in the Southern Circuit. In the county of Pulaski on

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the second Monday in April and October. In the county of Irwin on the fourth Monday in April and October, and in the county of Telfair on the Thursdays thereafter. In the county of Decatur on the third Mondays in May and November. In the county of Thomas on the fourth Mondays in May and November. In the county of Lowndes on the Mondays thereafter. In the county of Ware on the Mondays thereafter. In the county of Appling on the Thursdays thereafter, and in the county of Laurens on the Mondays thereafter. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To alter and change the time of holding the Inferior Courts of the county of Forsyth. 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 Inferior Courts of the county of Forsyth, to be held on the first Mondays of June and December, instead of the second Mondays of the same months. Sec. 2. And be it further enacted , That all laws and parts of laws conflicting with this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To authorize the Inferior Court of the County of Pike to appropriate a part of the funds for the support of the 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

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from and after the passing of this act it shall and may be lawful for the Inferior Court of the County of Pike, to appropriate annually a sum of money not exceeding one fifth of all the funds of said County for the support and comfort, of the poor of said County. Sec. 2. And be it further enacted , That said Inferior Court shall as soon as practicable after the passing of this act, ascertain the names and residence, of the poor and indigent of said County, as soon as practicable, and shall apply the appropriation hereby authorized as early as practicable; and in that manner and in their discretion most conducive to the comfort and welfare of said Poor. Sec. 3. And be it further enacted , That none other than such as are now citizens of the county of Pike, or those who had determined and made known their intention of becoming citizens of said County previous to the passing of this act, shall be entitled to the benefits and provisions herein contained. Sec. 4. And be it further enacted , To enable the Inferior Court to carry this act fully into effect, that they allow themselves, or an agent or agents, a moderate sum as a compensation for their service, so as for the compensation not to exceed one hundred dollars per annum for said Court agent or agents. Sec. 5. And be it further enacted , That all laws and parts of laws militating against this act so far as relates to the county of Pike, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To require and authorize the Justices of the Inferior Court of Macon County to employ some competent person or persons in addition to the County Surveyor, to mark out and define the limits of said County, and to compensate them for the same, 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 from and immediately after the passage of this act, the Justices of the Inferior Court of the county of Macon be required and authorized to employ some competent person or persons, in addition to the County Surveyor, to lay out, mark and define

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with precision, the limits of the county of Macon, and make their report to the Clerk of the Superior Court. Sec. 2. And be it further enacted , That after the said services shall have been performed, the individuals performing them shall receive from the funds of said County, a reasonable compensation for their services. Sec. 3. And be it further enacted , That all laws and parts of laws militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 29th December, 1838. CRIMES AND MISDEMEANORS. AN ACT, To define and affix the punishment of a Crime or Misdemeanor committed by a slave, by the counsel, persuasion or procurement, or other means, of free white persons. 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 a Slave shall commit a crime or misdemeanor, by the counsel, persuasion or procurement, or other means, of a free white person, and it appearing that the offence was committed by the counsel, persuasion or procurement, or other means, of a free white person or persons, he, she, or they, shall be prosecuted for the offence, and if found guilty, shall incur the same punishment as if he, she or they had actually committed the crime or misdemeanor with which the slave is charged: Provided , That this act shall not be construed to extend to any crime or offence, which if committed by a slave, would under existing laws of the State, subject him or her to the punishment of death. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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BASIL DAWSEY. AN ACT, To compensate Basil Dawsey for carrying an Express. Whereas Basil Dawsey was sent as an Express, under Executive authority, to Col. Kinchen Carr, of the 43d Regiment of Georgia Militia, with order to call a draft of the Militia from said Regiment for the Cherokee service in May last: And whereas he delivered the said orders as Express as aforesaid, and has received no compensation 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 sum of twenty dollars be, and the same is hereby, appropriated as a compensation for said service, and that his Excellency the Governor, draw by his warrant on the Treasurer for the same, who is hereby required to pay over the same out of any monies not heretofore appropriated. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 29th December 1838. DEAF AND DUMB. AN ACT, To be entitled an act to provide for the indigent Deaf and Dumb citizens of this State also to provide for the appointment of a Commissioner, to regulate his duties, affix his salary and to appropriate monies therefor. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That there shall be appointed by the Governor for the time being some fit and proper person as Commissioner, to receive applications in behalf of indigent Deaf and Dumb inhabitants of this State,

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to become beneficiaries thereof, and to make all necessary arrangements for conveying such beneficiaries to the American Asylum at Hartford, Connecticut; for the necessary expenses which may be incurred in their support at said Asylum, who shall hold his office during the pleasure of the Governor for the time being, and shall give bond and security in such sum as the Governor shall designate for the faithful discharge of his duties under this act. Sec. 2. And be it further enacted , That it shall not be lawful for said Commissioner to receive any Deaf and Dumb persons to obtain the benefit of this act, except such as are citizens of this State and such as shall have arrived at the age of ten years, and such as are under forty years of age, and shall be authorized to remain for the term of four years and no longer. Sec. 3. And be it further enacted , That the salary of the said Commissioner shall be six hundred dollars annually, to be paid quarterly as salaries of civil officers are now paid. Sec. 4. And be it further enacted , That the said Commissioner shall, and he is hereby required to keep a list of all such persons as may be received as beneficiaries under this act, designating the names, ages and places of residence of each; and also to keep a fair and correct account of his receipts and expenditures, and to render a full and particular report of the same, together with all such information as may be called for by the Legislature from time to time touching his trust. Sec. 5. And be it further enacted, That the sum of four thousand five hundred dollars shall be, and the same is hereby appropriated annually, out of any monies in the treasury not otherwise appropriated, for the support of the Deaf and Dumb as provided by this act, which sums, or so much thereof as may be necessary, shall be paid to such Commissioner on the warrant of the Governor, hereby yearly until the Legislature shall otherwise direct; any law to the contrary in any wise notwithstanding. JOSEPH DAY, Speaker of the House of Representative. CHARLES DOUGHERTY, President of the Senate. [Illegible Text] Governor. Assented to, 29th December, 1838.

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DEEDS, BILLS OF SALE, c. AN ACT, To admit certain Deeds, Mortgages and Bills of Sale, to be proven and recorded, and to admit them or their copies in evidence in the Courts of Law or 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 from and after the passing of this act, that whenever any person, or body politic or corporate, may hold any Deed, Mortgage or Bill of Sale, purporting to have been signed in the presence of a witnesses, according to the requisitions of law, and the said subscribing witness or witnesses shall have departed this life, before the said Deed, Bill of Sale, or Mortgage, shall have been proven; that then and in that case, it shall and may be lawful for the holder of said Deed, Mortgage, or Bill of Sale, to prove the same, by proving the hand writing of the witnesses who may have attested the same, and the hand writing of the maker of said Deed, Mortgage or Bill of Sale, by affidavit in writing to be attached thereto, which said affidavit shall be taken before a Judge of the Superior Courts or Justice of the Inferior Courts of this State, and the same so proven and recorded shall be admitted in evidence in any Courts of Law or Equity in this State, under the same rules of law by which they would have been subject if recorded in due time of law: Provided , That all Deeds, Mortgages, or Bills of Sale, be so proven and recorded within one year from the first day of January, eighteen hundred and thirty-nine. Sec. 2. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act be and and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838.

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DOBOY ISLAND. AN ACT, To compel masters of vessels lying or being in Doboy Harbor to provide for their sick crew or seamen. Whereas it has occurred that vessels arriving at Doboy Harbor have had some one or more of their crew or seamen sick at the time of arrival, or taken sick afterwards, and have landed such sick seamen and left them without provision for nursing, attendance or maintenance, whereby a grievous charge has been imposed on the citizens of the State there residentfor 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 when any vessel shall arrive at Doboy Harbor aforesaid, having on board any sick seamen, or if any seamen shall become sick whilst any such vessel shall be lying in such Harbor, it shall not be lawful for the master of such vessel to land or suffer to be landed, such sick seamen until such master shall have given bond with good and sufficient security to the Governor of the State and his successors in office, in the penalty of two hundred dollars, conditioned to pay all expense of nursing, attending on, and maintaining, such sick seamen during his sickness. And in case any such master shall violate the provisions of this act, he shall forfeit and pay the sum of two hundred dollars, to be receovered on indictment and conviction, the one half of which shall be paid to the Corporation of Darien, to be expended in Hospital services, and the other half to the informer. And in case of the breach of the condition of any such bond, the same may be sued and the amount of the damages thereon shall be assessed on proof of the cost and charges which may have been occasioned by such seamen, and the same shall be sued for and the proceeds of judgment paid to such persons as shall have incurred the expense, and be entitled to the reimbursement thereof. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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AN ACT, To extend all Harbor Rules and Regulations now in force in the city of Darien, or may hereafter be in force in said city, to the Island of Doboy and its immediate vicinity. 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 Harbor Rules and Regulations now in force in the city of Darien, or may hereafter be in force in said city, be extended to the Island of Doboy, and its immediate vicinity. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. EDUCATION. AN ACT, To amend an act to establish a general system of Education by Common Schools, assented to 20th December, 1837. 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 second and third sections of the above recited act, be and the same are hereby repealed, and in lieu thereof, that each county in this State shall be considered and known as a Common School Division, and that on the first Monday in March, in the year eighteen hundred and thirty-nine, and on the first Monday in January of every year thereafter, or so soon after the above mentioned days as the same can be conveniently done. The Justices of the Inferior Court of each county in this State, shall by order entered upon the minutes of the Court, appoint five fit and proper persons as Commissioners

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of Common Schools in the Division wherein such Justices may reside, and shall within ten days thereafter cause a certified copy of such appointment to be delivered to them, which shall be sufficient notice of the same; and such Commissioners shall continue in office one year, or until their successors shall be appointed. Sec. 2. And be it further enacted by the authority aforesaid, That if the said Commissioners, or any of them shall be unable at any time to procure the services of a Treasurer, as contemplated in the fourth section of the above recited act, it shall and may be lawful for the President of such Board of Commissioners to act as Treasurer, who shall give bond and security to his Excellency the Governor, and his successor, for the faithful discharge of his duty as Treasurer. And the said Commissioners within ten days after their appointment, shall by order entered in the minutes of their Board, appoint for each School District to be laid out agreebly to the fifth section of the above recited act, three Trustees, all of whom shall reside in the District for which they shall be appointed, and shall be notified of their appointment within ten days after it shall be made. Sec. 3. And be it further enacted , That if the Justices of the Inferior Court of any county shall not within one month after the time herein before fixed for that purpose, select and appoint five Commissioners as aforesaid, who shall accept their appointments, the said Justices of the Inferior Court shall themselves discharge the duties of Commissioners in their Division; and unless said Commissioners shall within one month after their appointment select and appoint three Trustees in each District or Division who shall accept such appointments, the Justices of the Peace and such other person as the Justices of the Peace may appoint, shall discharge the duties of Trustees in any District in which such appointment shall have been omitted; and the Commissioners appointed by the Court may fill by election any vacancy which may occur in their board during the year; and a majority of the Commissioners and of the Trustees shall be competent to perform the duties required of them respectively. Sec. 4. And be it further enacted , That it shall be the duty of the Trustees of the School Districts to collect by subscription such sums as the citizens of the District may be willing to subscribe, which shall be applied to supply an amount of money in addition to what may be allowed by the State, so as to enable them to employ a suitable number of Teachers in the District: Provided , There shall be no liability on the Trustees for said subscription money, further than to transfer the said list of subscription to the Teachers where such School may be taught. Sec. 5. And be it further enacted, That the Justices of the Inferior Court in the several counties in this State, be and they

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are hereby authorized, (at their discretion) to levy an extra tax in their respective counties, not exceeding fifty per cent. on the general tax, which shall be added to the Common School fund of said county, and paid over to the Commissioners aforesaid, by the Tax Collector, who shall give bond and security for the same, as in case of other bonds for extra taxes. Sec. 6. And be it further enacted , That the Trustees of any County Academy be, and they are hereby authorized to pay over to the Commissioners of Common Schools any funds in their hands. Sec. 7. And be it further enacted , That his Excellency, the Governor, within the month of January next, be required to cause so much of the above recited act as this act does not repeal, together with this act, to be published in the newspaper of this State, and also to cause the same to be published with the acts of the present session. Sec. 8. And be it further enacted , That the eighth, twentieth, twenty-first, and twenty second sections, and so much of the ninth section as refers to the notice to be given by a Justice of the Peace and free-holder, to the Trustees of their election, and so much of the sixteenth section as refers to balances in the hands of Trustees of Academies and their Treasurers, be and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 29th December, 1838. ELECTION PRECINCTS. AN ACT, To change the Election Precinct in Talbot county, known as Rushins Precinct, to the house of Richard A. Hall 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 Election Precinct in the twenty-fourth district, Talbot county, known as Rushins

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Precinct, be changed to the house of Richard A. Hall, on lot number one hundred and sixty-one, in said district, known by the name of Liberty Hill, and that all Elections for county officers, members to the General Assembly, and members to Congress shall be held there. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 27th December, 1838. AN ACT, To change the place of holding Elections, from the town of Roanoke to the town of Florence, both in Stewart 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 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 in the town of Roanoke, shall be in future held in the town of Florence, in the same county, under the same rules and regulations as Elections held heretofore 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 28th December, 1838.

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AN ACT, To repeal an act entitled an act to establish and regulate District Elections in the county of Jones, assented to 26th December, 1826, so far as relates to Elections being held at the old Fortification. 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, an act entitled an act to establish and regulate District Elections, in the county of Jones, assented to, 26th December, 1826, so far as relates to Elections being held at the old Fortification, be and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 28th December, 1838. AN ACT, To establish an additional Election Precinct at Yelverton's Mills 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 of the same , That from and immediately after the passage of this act, an additional Election Precinct be established at Yelverton's Mills, in the county of Marion, and that the elections to be held at said Precinct be conducted under the same regulations as the other Elections held at the Precincts heretofore established 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838.

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AN ACT, To establish an additional Election Precinct in the county of Twiggs; and also two additional Precincts in the county of Oglethorpe. 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 to hold Elections for Governor, Members of Congress, Electors of President and Vice President of the United States, Senators and Representatives to the State Legislature, and all County Officers, at Higgsville, the place of holding Justices' Court in and for the 354th Company District G. Militia, in the county of Twiggs; also at the store of Moses Wright, in the 230th District, G. M., and also at Arnold's store in the 226th District, G. M. in the county of Oglethorpe. Sec. 2. And be it further enacted by the authority aforesaid , That the Elections that may be held at the Precints established by this act, shall be conducted in the same way and governed by the same laws that are now in force in said counties. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 28th, 1838. 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 Madison. 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 consider the Returns according to law heretofore made and provided in such cases, for which services each of the above

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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 , That all laws and parts of laws militating against this act, be and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. FERRIES. AN ACT, To establish and make permanent, a Ferry across the Savannah River, in the county of Burke, to be known by the name of Griffin's Ferry, and to vest the right thereof to Joseph Griffin, and his heirs, and to establish the Ferry of Joseph Bond, in the counties of Gwinnett and Forsyth, 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 from and immediately after the passage of this act, Joseph Griffin, be, and he is hereby authorized to erect a Ferry across the Savannah River, in the county of Burke, on his own land, and that he be entitled to demand and receive the usual rates of toll on said River.

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Sec. 2. And be it further enacted by the authority aforesaid , That the said Joseph Griffin, shall be held liable for all losses and damages which may be sustained, in consequence of negligence or other improper conduct of said Ferry. Sec. 3. And be it further enacted , That the Ferry of Joseph Bond, in the counties of Gwinnett and Forsyth, on the Chattahoochee River, be established on his own land, upon the same terms. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To authorize and empower Thomas Hardin to establish a Ferry across Little River, on his own land, in the counties of Columbia and Lincoln, 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 from and after the passage of this act, Thomas Hardin of the county of Columbia, be, and he is hereby authorized and empowered to establish a Ferry across Little River, upon his own land in the counties of Lincoln and Columbia, at a place where the road leading from Lincolnton to Augusta, crosses said Little River, and to charge and receive the following rates of Toll, (viz:) all Road Wagons loaded, thirty-seven and a half cents, unloaded, twenty-five cents; all four wheel pleasure carriages, twenty-five cents; all two wheel carriages, ox carts, horse carts or light waggons, eighteen cents; man and horse, six and one fourth cents, stock of all kinds, three cents per head. Sec. 2. And be it further enacted by the authority aforesaid , That the said Ferry shall be subject to the same rules and regulations, hereby existing by the laws of this State in relation to Ferries, and to all the liabilities and rights, are by said laws enacted, all laws to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 29th December, 1838.

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AN ACT, To continue in force for ten years an act entitled an act for establishing a Ferry over the river Altamaha, at Fort Barrington, passed on the twenty-second day of December, one thousand eight hundred and eight, with the several acts amendatory 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 the act passed on the twenty-second day of December, one thousand eight hundred and eight, with the several acts amendatory of the same, to establish a Ferry over the river Altamaha at Fort Barrington, be and the same are hereby continued in force, for and during the term of ten years. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 29th December, 1838. AN ACT, To establish and affix the Rates of Ferriage, at the Ferry of Henry P. Jones, on Ogechee River, in Burke county, called Little Bluff Ferry. Section 1. Be it enacted by the General Assembly of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Henry P. Jones, of the county of Burke, be and he is hereby authorized to ask, demand and receive from all persons who may use his Ferry, on Ogechee River, in Burke county, called Little Bluff, the following Rates of Toll, viz: For a footman, six and one fourth cents; for a man and horse, twelve and a half cents; for a one horse waggon or a gig, twenty-five cents; for a four wheel carriage or four horse waggon, fifty cents. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 29th December, 1838.

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AN ACT, To establish the Ferry of Aristarchus Wood, Sen., across the Chattahoochee River, upon his own land, in the counties of Coweta and Carroll; and also to establish the Ferry of Christopher Bowen, of the county of Carroll. 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, Aristarchus Wood, Sen., of the county of Carroll, shall be authorized to establish a Ferry across the Chattahoochee River, upon his own land, at the place where he now has a Ferry, and shall be authorized to ask and receive the following Rates of Toll, to wit: Four wheeled wagons, fifty cents; four wheeled wagons loaded, fifty cents; two wheeled wagons, twenty-five cents; man and horse, twelve and a half cents; cattle per head, three cents; sheep and hogs per head, two cents; loose horse, six and a quarter cents, and no more, and shall be liable to make all damages good that any person may sustain in crossing said Ferry, by the neglect or misconduct of the owner or keeper of said Ferry, any law to the contrary notwithstanding. Sec. 2. And be it further enacted , That from and immediately after the passage of this act, Christopher Bowen, of the county of Carroll, be and he is hereby authorized to establish a Ferry across the Chattahoochee River, on his own land, at the place where he now has a Ferry, and shall be authorized to ask and receive the same rates of Toll as herein authorized to be received at Aristarchus Wood's Ferry, and shall be liable to make all damages good that any person may sustain in crossing said Ferry, by the neglect or misconduct of the owner or keeper of said Ferry, any law or usage to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. FRACTIONS. AN ACT, To authorize a grant to the Fraction number two hundred and seven, in the third District of Walton county, to be issued in favor of Frederick Thompson, the purchaser thereof. Whereas, Frederick Thompson, the purchaser of the above Fraction, has paid up the different instalments of the purchase

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money, but the certificate granted him shewing his said purchase and his payment of the first instalment, having been lost or mislaid, so that the same cannot be found: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened , That His Excellency the Governor, be and he is hereby requested to cause a grant to issue in favor of the said Frederick Thompson to the said Fraction number two hundred and seven, in the third District of Walton county. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838. AN ACT, To confirm and make valid a grant, issued for Fraction number three hundred and eleven, in the 16th District of Henry, dated 1st December, 1825. Whereas, a grant issued on the 1st December, 1825, to Millington Smith, for Fraction three hundred and eleven, in the 16th District of Henry county, which grant by omission, did not have the name of the then Governor of the State attached thereto, 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 grant issued to Millington Smith, for Fraction three hundred and eleven, in the sixteenth District of Henry, on the first day of December, eighteen hundred and twenty-five, and which grant has not the signature of the then Governor of the State, be, and the same is hereby confirmed and made valid, as fully and effectually as though the same had received the signature of the Governor, and it is hereby made evidence in Courts of Justice for all purposes, for which the same could have been used: Provided , the same had received the signature of the Governor. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838.

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GAMBLING WITH SLAVES. AN ACT, To amend an act entitled an act to punish white persons for Gambling with Negroes, passed on the 25th December, 1837. 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, or playing or betting with negroes, or free persons of color, at any game, with cards, dice, or five corns, for the purpose of betting upon, or winning or loosing money, or any other thing or things, article or articles of value of otherwise, 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 four years. Sec. 2. And be it enacted by the authority aforesaid , That all laws or parts of laws militating against this act, are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 27th December, 1838. GIFTS OF SLAVES. AN ACT, To prescribe the mode of making gifts of 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 no gift of any Slave or Slaves hereafter to be made, shall be good or available in law or in equity against the creditors of the donor, or subsequent purchasers from him, without actual notice,

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unless the same be made in writing, signed and sealed by the donor, attested by at least one subscribing witness, and shall be proved or acknowledged, and be recorded within twelve calendar months from the execution thereof. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. GLEBE LANDS. AN ACT, To authorize the sale of the Glebe Lands of Bryan County. Whereas there is a tract of land in said county, called the Glebe Lands, containing about two hundred acres, which is unprofitable to the institution to which it belongs, but cannot be sold by the Commissioners without authority from the Legislature: 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 Lewis Hines, Thomas Clay, and John P. Maxwell, Commissioners of, be and they are hereby authorized and empowered, after advertising said land for sale at least thirty days before the sale thereof, under the like rules and restrictions required by law for Sheriff's sales in the county of Bryan, proceed to the sale thereof, to the highest bidder. Sec. 2. And be it further enacted , That the said Lewis Hines, Thomas Clay, and John P. Maxwell, Commissioners aforesaid, be and they are hereby authorized and empowered to execute titles in fee simple, to the highest bidder, for said Glebe Lands at the time of the sale thereof.

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Sec. 3. And be it further enacted by the authority aforesaid , That the nett proceeds of said sale shall be paid over by said Commissioners, to the Commissioners of the Poor School Fund of said county. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. GRAND AND PETIT JURORS. AN ACT, To repeal an act entitled 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, passed on the 23d day of December, 1837, so far as relates to the county of 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 so much of the above recited act, as provides for the payment of the Grand and Petit Jurors of the county of Campbell, be, and the same is hereby repealed, any law, usage or custom repugnant to this act notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY. President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. AN ACT, To compensate the Grand and Petit Jurors of Monroe 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 Grand and Petit Jurors

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regularly drawn and summoned, or as Talisman, to attend the several Superior and Inferior Courts as aforesaid, and who shall attend and serve as Jurors aforesaid, shall each be entitled to receive from the Treasurer of said county, the sum of one dollar and twenty-five cents per day, for each and every day such Juror or Jurors may serve the said Courts. Provided , that to entitle a Juror to receive compensation as aforesaid, the said Juror or Jurors shall produce the certificate of attendance, signed by the Clerks of the Superior and Inferior Courts, specifying the number of days that such Juror or Jurors may have served, during each term of said Courts, which said certificate shall be a warrant for the same, and a voucher for the Treasurer for paying the same. Sec. 2. And be it further enacted , That the Inferior Courts of said county be, and they are hereby authorized and required to levy an extra tax, to be collected by the Tax Collector of said county, yearly, for the purposes aforesaid. Sec. 3. And be it further enacted , That the Clerks of the said Courts shall receive the pay, and confession fees paid at the time of taking verdicts or confessions, and pay the same over to the Treasurer of said county, which shall become a part of the Jury fund. Sec. 4. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. AN ACT, To compensate Grand and Petit Jurors for the county of Tatnall, 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 who shall be empannelled and sworn as such, shall be entitled to the sum of one dollar for each and every day he shall actually serve as a Grand or Petit Juror.

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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, not to exceed twenty-five per centum on the general Tax, for the compensation of 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 the said Court stating the number of days each Juror served, also the Term of said Court, be sufficient evidence for the County Treasurer to pay said Jurors. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To compensate Grand and Petit Jurors in the county of Macon, and to compensate the Petit Jurors of Jones 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 all persons summoned, and who may hereafter be summoned to attend the Superior and Inferior Courts of the county of Macon, as Grand and Petit Jurors, and who shall be sworn and empannelled as Jurors aforesaid, shall severally be entitled to receive from the County Treasurer, one dollar per day in addition to the usual Jury fees, for each and every day the said Jurors may attend the Courts as aforesaid, to be paid upon a presentation of a certificate of services, to the Treasurer or 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 , That the Petit Jurors of the Superior and Inferior Courts of the county of Jones, shall each be entitled to receive the sum of one dollar per day as a further compensation for their services, while actually engaged or detained on the business of the Courts, or either:

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Provided , that to entitle such Juror to receive such sum, he shall produce the certificate of the Sheriff, countersigned by the presiding Judge or Justices, specifying the time which such Juror has served, which certificate shall be a warrant on the County Treasurer, and which he is hereby required to pay out of the county funds. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. AN ACT, To amend the second section of an act passed the 23d day of December 1837, entitled an act to compensate the Grand and Petit Jurors of the Superior and Inferior Courts of the several counties therein named, so far as relates 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 after the passage of this act, the Clerks of the Superior and Inferior Courts of the county of Elbert, shall collect all fees hereafter to be paid on confessions and verdicts, on the signing or rendering of the same, and pay the same over to Jurors then attending on that Term, rateably; and should there not be a sufficiency to pay off their per diem allowance at the end of said Court, the aforesaid Clerks shall enter a credit on each of their certificates showing the amount paid, and the balance due each Juror shall be paid in the manner pointed out by the above recited 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838.

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AN ACT, To repeal so much of an act passed on the twenty-third day of December, 1837, entitled 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, as respects the county of Bryan. 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 relates to the county of Bryan, be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 27th December, 1838. GUARDIANS AND MINORS. AN ACT, To repeal the fifth section of an act entitled 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, passed the 25th December, 1837; and to extend the said act to the cases of Idiots. 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, and the same is hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That the benefits, advantages and provisions of the act hereby amended, and of this act, shall be extended to the Guardians of Idiots and Lunatics, when the Guardian and his Ward reside without the limits of this State, on the terms and conditions therein specified. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838.

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GEORGIA INFIRMARY. AN ACT, To amend an act to establish an Infirmary for the relief and protection of aged and afflicted negroes in the State of Georgia, passed the 24th day of December, 1832. Whereas, in and by the said act, no provision is made for the purpose of supplying and filling vacancies which may occur in the said corporation, by the death, resignation, or removal of its members: And whereas several vacancies in said Board do now exist, and others which have occurred have been filled by the existing members, who entertain doubts of their authority to do so, under their present charter: 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 the said incorporated body, or a majority of them, shall have full power, from time to time, to fill all vacancies which have occurred, or may occur in the said incorporated body, by the death, resignation, removal or otherwise, of any of its members; and that all appointments or elections already made by the said corporation, to supply vacancies heretofore existing, be, and the same are hereby confirmed and made valid and good, from the time of such appointments or elections, respectively. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 28th, 1838. INCORPORATIONS. AN ACT, To extend the corporate limits of the Town of Dahlonega, in the county of Lumpkin. 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 immediately after the passage of this act, the corporate authority and jurisdiction of the town of Dahlonega shall extend one quarter of a mile each way from the Court House in said Town. Sec. 2. And be it further enacted by the authority aforesaid , That the Commissioners of the town of Dahlonega, for the time being, and their successors in office, or a majority of them, shall have full power and authority at any time to convene and to pass all by-laws, rules and regulations which may be necessary for the good order and government of the same, and shall have full power and authority to appoint such officers as they may deem necessary to carry such laws, by-laws and regulations into effect: Provided , Such by-laws, rules and regulations, be not repugnant to the laws and constitution of this State. Sec. 3. And be it further enacted by the authority aforesaid , That on the first Saturday in January in each and every year, all free white males within the corporate limits of said town, who are entitled to vote for members of the General Assembly, shall assemble at the Court House, in said town, and choose by ballot five Commissioners, who shall continue in office for one year, and until their successors are elected, and shall be re-eligible; and that said election shall be held by any of the Justices of the Peace, or Justices of the Inferior Court of Lumpkin county; and on counting out the votes given, those having the highest number of votes shall be the Commissioners of said town. Sec. 4. And be it further enacted by the authority aforesaid , That in the event of there being no election held on the day and in the manner pointed out by this act, the Commissioners of said town, or any two of them, may, and they are hereby empowered to order an election for Commissioners to be held in the Court House or some other convenient place in said town, at any time, ten days notice by advertisement, being given of said election, upon the Court House door, and some other public places in said town; and all vacancies which may occur in said Board of Commissioners shall be filled in like manner, agreeable to the provisions of this act. Sec. 5. And be it further enacted by the authority aforesaid , That said Commissioners and their successors in office, shall be, and they are hereby empowered to use a common Seal, and to sue and be sued, plead and be impleaded in any Court of Law and Equity in this State. Sec. 6. And be it further enacted by the authority aforesaid , That said Commissioners shall have the entire control of the persons and hands within the limits of said corporation, so far as it regards road duty, and may apportion said hands to work on all streets and roads within one mile of said Court House of said town.

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Sec. 7. And be it further enacted , That it shall not be lawful for any of said Commissioners, so elected or appointed, to enter on the duties of his office until he shall have taken and subscribed the following oath: I, A. B., do solemnly swear, (or affirm, as the case may be,) that I will well and truly perform the duties of a Commissioner, by adopting such measures as shall in my judgment be best calculated to promote the general good of the citizens of the town of Dahlonega. Said oath to be administered by any Justice of the Peace, or Justice of the Inferior Court. Sec. 8. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor Assented to, 28th December, 1838. AN ACT, To alter and amend the several acts heretofore passed for the incorporation and regulation of the Town of Warrenton, in the county of Warren, and to extend the corporate limits of said Town, and to point out the duties of the said Commissioners, and for the appointment and regulation of Patrols, and for the preservation of public property, shade trees, and so forth; and for the prevention of encamping; and for the prevention and removal of nuisances; constituting Commissioners of said town Commissioners of Public Streets; citizens residing within said Town to elect to work upon roads or pay moneys; for the suppression of fights, affrays, riots, and disturbances of the public peace; Marshal to arrest affrays, c.; fines and penalties to be paid into the Town Treasury; for the regulation of the residence of Slaves, and for taxing Shows and Exhibitions; exempting Commissioners from road duty; requiring Commissioners to make report at the end of each year, 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 from and immediately after the passing of this act, the jurisdiction of the Commissioners of said Town be extended in such manner as to include a distance of six hundred yards in every direction from the Court House in said Town of Warrenton; and said Commissioners are hereby authorized to act as commissioners of the public roads to the distance of one mile from

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said Court House in every direction: Provided , That in no case shall they exercise jurisdiction beyond the district line. Sec. 2. And be it further enacted , That all white persons residing in said Town on the first day of February, eighteen hundred and thirty-nine, and the same day in each succedding year, who are subject by the laws of this State to the payment of a Poll Tax, shall pay a Poll Tax to said Town of one dollar every year; and all owners of slaves held or employed in said Town, and all owners of other taxable property of every description in said Town, shall pay a Tax on the same to the said Town equal in amount to one half of the State Tax upon the same. And all free persons of color residing, or who may hereafter reside in said Town, over the age of twenty-one years, shall in like manner pay a Town Tax of four dollars: Provided nevertheless , That if at any time the Commissioners of said Town shall think the monies arising from this taxation will be more than sufficient to defray the necessary expenses of the said Incorporation, it shall be the duty, and they are hereby authorized and required to lessen the same by abating in an equal proportion from the amount of Tax required to be paid by each individual by this act. Sec. 3. And be it further enacted , That the said Commissioners are hereby invested with authority to appoint a person to act as Tax Collector and Receiver of Tax Returns for said Town, and to make a reasonable compensation for his services, to be paid out of the Treasury of said Town; and the said Collector and Receiver of Tax Returns shall be appointed annually, and before entering upon the duties of his office, he shall be sworn faithfully to execute and discharge the same, and give bond and security for the same to said Commissioners, and their successors in office, for one thousand dollars. Sec. 4. And be it further enacted , That all persons who are by this act made subject to the payment of tax, shall at some time between the first day of February and the first day of March, in each year, make a true and just return, under oath, of all the taxable property held by them in the said corporate jurisdiction, with the fair valuation of the same, and of all their liability to taxation, to the receiver of Tax Returns for said Town, and the Tax Collector of said Town, shall proceed to collect the tax on the same, after the tenth day of March all of which shall be paid to him before the first day of April and if any person who is required by this act to pay tax, shall neglect or refuse to pay the same, or to make the return to the said receiver that they are required by this act to do, within the time specified in this act for doing the same, they shall be subject to the same penalties that they would by law, be subject to for refusing or neglecting to make a return of their taxable property to the County Receiver of tax returns, or for refusing to

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pay their State tax; and the said Town receiver of Tax Returns and Tax Collector, shall proceed against them, after the said time for making returns and paying taxes expires, in the same manner that is pointed out by law for County Receivers of tax Returns and Collectors of Taxes against defaulters. Sec. 5. And be it further enacted , That the said Receiver of returns and Tax Collectors shall attend two days at some convenient place in said Town, for the purpose of giving the citizens an opportunity of making their returns and paying their taxes, and they shall each give five days notice, by advertisement at the Court House, and three other public places in said Town, of the time and place of said attendance; and the said Receiver of tax returns shall furnish the Board of Commissioners, and the Treasurer of said Town, each with a copy of digest of the said returns, on or before the sixth day of March, each year; and the said Tax Collector shall pay over all money received by him for taxes, on or before the tenth day of April, each year. Sec. 6. And be it further enacted , That the said Commissioners, shall as soon as practicable, after the passing of this act, make out a list of the names of all persons in said Town, who are by the laws of this State, subject to the performance of Patrol duty, and they shall appoint, once in two months, from this list, two Companies of six men each, as Patrol Companies, to serve two months from the time of their appointment, and the said Commissioners shall make one member of each of the said Companies, Captain of the same, and shall furnish him with the names of the members of his Company, and it shall be the duty of said Captains to warn out their respective Companies at least once every week, and oftener if they shall think it necessary, and thoroughly Patrol the said Town, agreeable to the requirements of the patrol laws of this State; and if any person so appointed Captain of patrol, shall refuse or neglect to discharge the duties of the same, he shall forfeit and pay into the Treasury of said Town, a fine not exceeding ten dollars. And if any person who is required by this act to perform Patrol duty, shall refuse or neglect to do the same when required to do so by the Captain of the Company to which he belongs, he shall pay a fine of not exceeding five dollars for each offence, and it shall be the duty of the Captains of Patrol Companies, to return all defaulters to the said Commissioners, at their next meeting after such default, and to summon such defaulter at least two days before said meeting of the Commissioners, to appear before them to answer for his default, and for neglecting to do the same, he shall forfeit and pay a sum not exceeding five dollars for each offence, and one half of the money arrising from the aforesaid fines shall be paid into the corporation Treasury, and the other half to any person who shall inform against and prosecute the offenders before the said

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Commissioners to conviction, and the said Commissioners shall add to the list aforesaid, the names of all persons who shall hereafter become citizens of said Town, and who are subject to the performance of Patrol duty. Sec. 7. And be it further enacted , That if any person shall wantonly injure, remove, throw down any horse rack that ir or shall hereafter be erected in the streets, or in the public square of said town by the authority of the said Commissioners, or shall wantonly injure in any manner any public property in said town, or wantonly cut down or injure in any manner any tree in the streets or public square of said town, without authority from the said Commissioners for doing the same, they shall, upon conviction before the said Commissioners, be subject to the payment of all damages so done by them to the said public property, and shall, in addition, forfeit and pay a fine of not less than five, nor more than twenty dollars. Sec. 8. And be it further enacted , That no person shall encamp with any cart, wagon, or travelling vehicle of any kind, in the streets, or on the public grounds of said town, within six hundred yards of the Court house in said town, after being notified of the existence of this act, under a penalty of not less than two, nor more than five dollars for each offence, if a white man; and if a negro, of whipping, not more than fifteen stripes. Sec. 9. And be it further enacted , That if any person shall occupy or use in said town, a lot as a horse lot, or for any other purpose, shall permit manure, or putrid animal or vegetable matter to accumulate, or any other nuisance on said lot, so as to become offensive to those residing in the vicinity of the same, they shall be notified thereof by the said Commissioners, and required to remove the said offensive matter to some place where it shall not be offensive to the citizens of said town, and if after being so notified they shall refuse or neglect to remove the same until after the time which they shall be required to do so by said Commissioners, they shall forfeit and pay for every day after the expiration of the said time that they permit the said matter, or other nuisance to remain, a sum of not less than one, nor more than five dollars for each day: Provided , that in no case shall said the Commissioners have power to assess a fine exceeding thirty dollars. Sec. 10. And be it further enacted , That the said Commissioners are hereby made Commissioners of the public roads and streets of said Town, with all the authority and liability of Commissioners of roads, appointed by the Inferior Court; and the overseers of the roads who shall be appointed by the said Commissioners, are hereby invested with all the powers, and made subject to all the liabilities of overseers of the roads appointed under the laws of this State; and all persons within the said corporate jurisdiction, who are by the laws of this State

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required to work on the public roads, are hereby required to work on the public roads and streets within the said jurisdiction, under the direction and control of the said Commissioners and overseers, in the same manner and under the same regulations that are pointed out and specified in the Road Laws of this State; and they shall be subject to the same penalties for refusing to do the said work, when required to do so by the said overseers, that other citizens of this State are for refusing to work upon the public roads: Provided nevertheless , That any person who is required by this act to perform road duty shall be permitted to discharge the same by paying into the treasury of said Town one dollar for each day's work that he or they shall be required to perform, which shall be paid into the hands of the Treasurer of said Town, on or before the day that he or they shall be required to perform the same, for which the said Treasurer shall give a receipt; and the money so paid shall be applied by the said Commissioners to repairing the roads and bridges in said Town. Sec. 11. And be it further enacted , That all fines and penalties incurred by a violation of this act shall be adjudged by the said Commissioners, and shall be paid into the treasury of said Town; and the said fines and penalties shall be collected by execution against the property or body of the offenderis, suing from under the hand and seal of any one of the said Commissioners immediately after the same has been adjudged, directed to the Marshal of said Town, who is hereby authorized to levy and return the same, or to the sheriff or his deputy, or any lawful constable of said county. Sec. 12. And be it further enacted , That said Commissioners shall have full power and authority to enforce a tax upon all shows, exhibitions, and showmen performing in said town for the purpose of gain: Provided , that the tax so imposed shall not exceed ten dollars for each day's exhibition, or performance, to be adjudged by said Commissioners. Sec. 13. And be it further enacted , That the said Commissioners shall be exempt from the performance of labor on the public roads, in their own persons, while serving as Commissioners. Sec. 14. And be it further enacted , That the corporate funds, after defraying the charges incident to the levying and collecting thereof, shall be, by said Board of Commissioners, applied to the necessary expenses and improvement of said Town, in such manner as such Board may deem most advantageous; and the said Board of Commissioners shall publish annually, at the end of each year, an account of such corporate funds, exhibiting the amount received in that year, and the several objects, and amounts, and expenditures, including the balance either way, from the year preceding.

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Sec. 15. And be it further enacted , That all laws or parts of laws heretofore passed, which militate against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838. AN ACT, To extend and define the corporate limits of the town of West Point, passed the 26th of December, 1835, and to more effectually provide and sustain the Corporation in their acts. 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 the Intendant and Commissioners of the town of West Point, shall have full power to impose such fines and taxes, and collect the same, and every way to return such vices, and make such bylaws, rules, and ordinances, and carry the same into effect, as will promote the interest of the Incorporation, and the good and well being, and health of the town of West Point: Provided , such regulations be not repugnant to the Constitution and laws of the State, and of the United States. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To make permanent the county Site for the county of Macon, at the town of Lanier, and to incorporate said town. 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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the said town of Lanier shall be, and the same is hereby made the permanent county Site for the Courthouse and Jail, in and for said county. Sec. 2. And be it further enacted , The the inhabitants of said town, may on the fourth Saturday in January, 1839, and on the first Saturday in every January thereafter, elect five Commissioners for said town from among themselves; and the Commissioners so elected shall be a body corporate and politic, under the name and style of The Commissioners of the town of Lanier, and by that name they shall be able and capable in law, of sueing and being sued, pleading and being impleaded in any of the Courts of this State; and the said Commissioners shall have power and authority to make all by-laws, rules and regulations, necessary and proper for the government of said town, and which are not repugnant to the constitution or laws of this State or of the United States; and that the said Commissioners shall have power and authority to make all by-laws, rules and regulations, necessary and proper to carry into effect the general power hereby granted to them. Sec. 3. And be it further enacted , That if any vacancy should occur in said Board of Commissioners at any time previous to an election, the remaining Commissioners shall have power to fill such vacancy. Sec. 4. And be it further enacted , That the corporate limits of said town shall embrace all the land purchased by the Inferior Court of said county, for the said county Site. Sec. 5. And be it further enacted , That if the inhabitants of said town should fail or neglect to elect Commissioners as hereby provided, they may elect such Commissioners at any other time by any inhabitant, being a freeholder, or any Justice of the Peace, giving five days previous notice of their holding such election, by advertisement at the public places in said town. Sec. 6. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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AN ACT, To incorporate the town of Reidsville, in the county of Tattnall. 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 Shadrack Handcock, John A. Mattox, John Brazzell, William Rogers and John A. Rogers, Jr., be and they are hereby appointed Commissioners of the Town of Reidsville, in Tattnall 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 appoint a Clerk, and such other officers as they deem necessary to carry this act into effect. 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 by-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 by-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 first Monday in January, 1840, and until their successors shall be elected thereafter. Sec. 4. And be it further enacted by the authority aforesaid , That the Justices of the Inferior Court of the county aforesaid, or a majority of them, together with citizens of said Town, liable to vote for Members of the Legislature, be, and they have full power to elect biennially, Commissioners of said Town of Reidsville. Sec. 5. And be it further enacted by the authority aforesaid , That in case there should be no election held on the first Monday in January, 1840, for the Commissioners aforesaid, that said election may be held at any time thereafter, by giving ten days notice at the Court House in said Town. Sec. 6. And be it further enacted by the authority aforesaid , That the said Commissioners have full power to levy any tax on the said Town lots and property of stock, and other property of said Town, not to exceed fifty cents on the dollar for their general tax, and that the said tax so raised, be applied to the benefit of said Town's improvement, as the said Commissioners may think proper.

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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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838. AN ACT, To be entitled an act to incorporate the West Point Company, and to provide a more easy manner for the conveyance and execution of titles to the Real and Personal Property belonging to said Company, within the corporate limits of the town of West Point, and for other purposes therein named. Whereas, Charles T. Pollard, Abner McGehee, Justus Wyman, James E. Scott, Nimrod E. Benson, Francis M. Gilmer, John Scott, Sen., Charles K. Pearson, and John C. Webb, are the joint tenants of the most of the land within the corporate limits of the town of West Point; And whereas, it would add greatly to the convenience of said individuals, as well as others having an interest in property in said town, that said individuals should be incorporated into a Company: Section 1. Be it enacted by the Senate and House of Representatives and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, that Charles T. Pollard, Abner McGehee, Justus Wyman, James E. Scott, Nimrod E. Benson, Francis M. Gilmer, John Scott, Sen., Charles K. Pearson, John C. Webb, and their successors, be and they are hereby incorporated and made a body politic, by the name and style of the West Point Company, and by that name shall be, and are hereby made able and capable in law, to have, possess, enjoy and retain to them and their successors, lands, rents, tenements, hereditaments, goods, chattles and effects of whatsoever nature or quality; and the same to sell, rent, demise or dispose of, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended against, in any of the Courts of Record in this State; and also to make, have, and use a common Seal, the same to break, alter, and renew at their pleasure, and also to ordain and establish, and put in execution, such by-laws, ordinances and resolutions, as shall seem necessary and convenient for the government of said incorporation, not being contrary to the laws and constitution of this State or the United States, or the laws or ordinances of the town of West Point.

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Sec. 2. And be it further enacted , That the said Company shall elect one of their own members, a resident of Georgia, as President, in the month of January in each year, who shall hold his office for one year, and until his successor is appointed; and in case of death, resignation, or removal from office, or this State, the said company shall proceed to fill the vacancy by a new election for the remainder of the year, two thirds of said Company shall be necessary to constitute a choice, to be convened in the town of West Point. Sec. 3. Be it further enacted , That all deeds, conveyances, and other instruments of writing relating to the sale of property by said company, shall be signed by the President, and to which shall be fixed the seal of said Company, and shall be binding against said Company as fully and effectually as if the same had been signed and sealed by every member of said Company individually. Sec. 4. And be it further enacted , That the President of said Company shall be answerable to the Company for his conduct as their officer, and may by the concurrence of two thirds of said Company, convened in the town of West Point, be removed from office; Provided , That in every instance of accusation against said President, he shall be entitled to have said accusation placed in writing, and be notified thereof, and of the time and place of the meeting, one month before he shall be tried or removed. Sec. 5. And be it further enacted , That in the event of the death of either of the Company, the executor or administrator of said deceased member shall be entitled to all the privileges in said Company, and subject to all the liabilities of said Company, to which his testator or intestate was entitled and subject to during his lifetime. Sec. 6. And be it further enacted , That all bills, writs, processes, of whatsoever kind known to the laws of this State, may be served upon said Company by serving the same on the President, personally, or by leaving the same at his most notorious place of residence. Sec. 7. And be it further enacted , That this act shall not be of force or of any effect, unless within six months after its passage every person in interest, shall signify his, her, or their acceptance thereof, in writing, and the same be reported to his Excellency the Governor. Sec. 8. And be it further enacted , That the power and authority hereby granted, shall not continue longer than twenty one years from the date of this act; and also that nothing in this act contained, shall be so construed as to authorise said Company to increase their landed property by purchase or otherwise.

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Sec. 9. And be it further enacted , That all laws and parts of laws militating against this act shall be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To alter and amend an act passed the 14th day of December, 1837, 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 John Harris, Ado N. Vann, and Uriah Kemp, be and they are hereby appointed Commissioners of said town of Troupsville, in lieu of Jared Johnson, K. Jamison, and Francis McCall. Sec. 2. And be it further enacted by the authority aforesaid , That the third section of said act be so altered that the said Commissioners shall continue in office until the second Monday in January, 1839. Sec. 3. And be it further enacted by the authority aforesaid , That the fourth section of said act be so altered that any Justice of the Peace, or Justice of the Inferior Court and two freeholders, who shall take the usual oath for superintending elections, not being candidates themselves, are hereby authorized to preside at such elections for Commissioners as aforesaid. Sec. 4. And be it further enacted by the authority aforesaid , That said Commissioners and their successors in office, shall reside within the corporate limits of said town of Troupsville. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 27th December, 1838.

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AN ACT, To make permanent the site of the public buildings in the Town of Tazewell, in the county of Marion, and to incorporate 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 the public buildings in the Town of Tazewell, in the county of Marion, shall be, and remain permanently located on lot number two hundred and thirty, in the fourth district, of originally Muscogee, now Marion county. Sec. 2. And be it further enacted , That Arthur W. Battle, David N. Burkhalter, Randel W. Masten, Zachariah Wallace and Seaborn L. Collins, be, and they are hereby appointed Commissioners of the Town of Tazewell, and that they or a majority of them, and their successors in office shall have power and authority to pass all by-laws and ordinances, which they or a majority of them may deem necessary and expedient for the well government and good order of said Town: Provided , such by-laws and ordinances shall not be repugnant to the Constitution and laws of this State. Sec. 3. And be it further enacted , That the corporate authority and jurisdiction of said Commissioners, shall extend to, and be exercised over all lots which now are, or which may be hereafter laid out within said Town. Sec. 4. And be it further enacted , That on the first Saturday in January, eighteen hundred and forty, and on the first Saturday in January, in every year thereafter, all free male white persons in said Town, who are entitled to vote for Members of the General Assembly, shall assemble at the Court House in said Town, and by ballot, elect five Commissioners, who shall continue in office one year, and until their successors are elected, at which election one or more Justices of the Peace, or Justices of the Inferior Court, shall preside. Sec. 5. And be it further enacted , That if said election should not take place on the day pointed out by this act, it shall be lawful for it to take place on any other day, ten days notice of the same being given by a Justice of the Peace, and one of the Commissioners. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 27th December, 1838.

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AN ACT, To incorporate the town of Albany, in Baker county, and allow Tomlinson Fort, Nelson Tift, and J. C. Harris, and their associates, to erect a bridge across Flint River. Whereas, it has ever been an enlightened policy in the State of Georgia, to encourage the developement of her resources, and extend a liberal patronage to the improvement of all parts of the territory, and particularly to aid by judicious legislation the enterprize of her citizens in building up market towns in newly settled sections, where the produce of her soil may command prices that will amply compensate the labor and industry of her Planters. 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, the town of Albany, in Baker county, be incorporated, and the authority and jurisdiction of said town of Albany, shall extend to lots (323, 324, 333, and 334,) three hundred and twenty-three, three hundred and twenty-four, three hundred and thirty-three, and three hundred and thirty-four, in the first District of Baker county, according to the original survey of said county. Sec. 2. Be it further enacted by the authority aforesaid , That Hermon Mercer, Samuel Clayton, Mordecai Alexander, Nelson Tift, and J. C. Harris, be and they are hereby appointed Commissioners of said town of Albany, and they, or a majority of them, or of their successors in office shall have full power and authority at any time to convene and pass all by-laws, rules and regulations, which may be necessary for the good order and government of the same, and shall have full power and authority to appoint such officers as they may deem necessary to carry such by-laws, rules and regulations into effect: Provided , such by-laws be not repugnant to the laws and constitution of the State. Sec. 3. And be it further enacted . That said Commissioners shall continue in office until the first Saturday in January, one thousand eight hundred and forty, or until their successors are elected, on which day and on the first Saturday in January annually thereafter, all free white males within the corporate limits of said town, who are entitled to vote for members of the Legislature, shall be entitled to a vote for said Commissioners. Sec. 4. And be it further enacted , That Tomlinson Fort, Nelson Tift, and Jeptha C. Harris and associates, have the privilege of building and constructing a bridge over the Flint river, at or near said town of Albany, on their own land, at any point within three miles above or below said town, with power to

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establish, charge and receive the following rates of toll: for a four wheel carriage, or coach with two horses, fifty cents; for the like with four horses seventy-five cents; road wagon with four horses, thirty-seven and a half cents; for the like with two horses, twenty-five cents; light wagon, gig, or sulkey, twenty-five cents; Jersey wagons or cart, twelve and a half cents; person and horse, six and one fourth cents; every horse led or driven, three cents; every head of other stock, two cents; persons on foot to pass free. And provided , That said bridge be so constructed as not to obstruct the navigation of said river by steam boats, barges, or in any other way. Sec. 5. And be it further enacted , That the said Tomlinson Fort, Nelson Tift, and J. C. Harris and their associates, be and they are hereby declared a body corporate, with power to make all by-laws, rules and regulations of their government which they may deem proper: Provided , There be nothing in said by-laws, rules and regulations, repugnant to the constitution and laws of the United States or of the State of Georgia. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 27th, 1838. AN ACT, To incorporate Springville, at the Powder Springs, in the county of Cobb. Section 1. Be it enacted by the Senate and House of Representatives of the Siate of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That Wiley J. Keser, George W. Foot, John Anderson, Sen., John Anderson, Jun., E. B. Burnham, and Stephen Cole, and William Martin, be, and they are hereby constituted Commissioners of Springville, in the county of Cobb. Sec. 2. Be it further enacted by the authority aforesaid , That the said 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 visiters: 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 have full power to appoint such officers as may be necessary, for the purpose of carrying into effect the provisions of this act.

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Sec. 3. Be it further enacted , 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, at said village of Springville, which election shall be superintended by one Justice of the Peace, and a freeholder, or by two freeholders of the county of Cobb; and all persons shall be entitled to vote at said elections who may have lived within the corporate limits of Springville 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 , That said Commissioners shall have corporate jurisdiction over said place, to be designated and known as Springville, in said county, and said corporate limits to extend to, and embrace the entire lot of land, known as lot number eight hundred and seventy-five, in the nineteenth district of the second section of originally Cherokee, now Cobb county; and said Commissioners shall have power to issue executions for all penalties or fines by them assessed, and the same shall be collected by a bailiff of the district in which said Springville may be situated, in the same manner as fi fas from a Justices' Court. Sec. 5. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To incorporate the town of Springfield, in the county of Effingham, and to appoint Commissioners for the same, and other 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 from and after the passage of this act, John Charlton, J. W. Exley, S. Bourquine, J. M. Shellman, and W. W. Willson, are hereby appointed Commissioners for the town of Springfield, in the county of Effingham; and they, or a majority of them and their successors in office, shall have power and authority to pass all by-laws and ordinances, which they or a majority of them, may deem expedient and necessary for the improvement

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and repairing the streets and internal police of said town: Provided nevertheless , That such by-laws be not repugnant to the Constitution of the United States, and the Constitution and laws of this State. Sec. 2. And be it further enacted by the authority aforesaid , That said Commissioners, or a majority of them, shall have full power to convene at any time, and at any place within the corporate limits of said town, after the passage of this act, and proceed to the appointment of a clerk, and such other officers, as they, or a majority of them, may deem necessary to carry this act into execution. 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 boundary lines of the town lots on every side, and that the said Commissioners shall continue in office until the first Monday in September, 1839, on which day, and on the first Monday in September in every subsequent year thereafter, the Justices of the Inferior Court of Effingham county, shall choose five fit and discreet persons to succeed them as Commissioners of said town; and they are hereby vested with full power and authority to make such by-laws and regulations, and to inflict such pains, penalties and forfeitures, and do all other incorporate acts, as in their judgment may seem most conducive to the good order, correct morals, and good government of said town: And provided also , No poll tax shall exceed twenty-five cents in any one year, and that the punishment of slaves shall not extend to the affecting of life, limb, or member: And provided also , That nothing herein contained shall be construed so as to prevent the re-appointment of any Commissioner pursuant to this act. Sec. 4. And be it further enacted by the authority aforesaid , That should there be no appointment on the day pointed out by this act for that cause, it shall not be void, but an appointment may be made by the said Justices on any other day within three months thereafter; the said Commissioners exercising all the rights and powers herein granted, until such appointments are made as herein specified. Sec. 5. And be it further enacted by the authority aforesaid , That said Commissioners shall have power to grant to, or withhold from retailers, license to retail spirituous liquors within the corporate limits of said town, and to the extent of two hundred yards beyond the corporate limits of said town, on every side; and that no person or persons shall retail spirituous liquors within the corporate limits of said town, or two hundred yards beyond the limits as above stated, without a license from the Commissioners under the penalty of one hundred dollars, to be recovered by suit, by any person who shall sue for the

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same, in any Court of this State, having competent jurisdiction, one half to be paid to the informer, the other half to the Commissioners, for the use of said town. Sec. 6. And be it further enacted by the authority aforesaid , That all persons within the corporate limits of said town, are hereby exempted from working on all public roads or highways: And provided also , That nothing herein shall be so construed as to exempt persons residing within the corporate limits of said town, from working the streets thereof. Sec. 7. And be it further enacted by the authority aforesaid , That if any vacancy occur by death, resignation, or otherwise, of the said Commissioners, the said Commissioners shall have the power to fill such vacancy. Sec. 8. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 31st December, 1838. AN ACT, To incorpoate the town of Canton, in the county of Cherokee, and the town of Bristol, on Flint River, formerly known as Travellers Rest. 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 corporate limits of the town Canton, in the county of Cherokee, shall be as follows, including all the north half of lot number one hundred and sixty-six, all of one hundred and sixty-seven, lying southeast of the Hightower River, and all the west half of one hundred and ninety-four, that lies southeast of the Hightower River in the fourteenth district of the second section in said county. Sec. 2. And be it further enacted , That on the first Saturday in February, eighteen hundred and thirty-nine, and on the first Saturday in January, in every year thereafter, all the white male inhabitants of said Incorportion, who have arrived at the age of twenty-one years, shall meet at the Court House in said town, and elect five Commissioners for said town, which election shall be superintended by one Justice of the Inferior

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Court or one Justice of the Peace, and two freeholders, and the persons elected as aforesaid, shall each take an oath to discharge the duties of Commissioner of said town. Sec. 3. And be it further enacted , That the Commissioners elected as aforesaid, shall elect one of their number as President of said Board, and they shall have power to pass all by laws, rules and regulations which they or a majority of them, may deem necessary and expedient for the well government and good order of said town, to levy and collect a tax off of all the inhabtants and taxable property in said Incorporation for the support of said town, and all their laws, ordinances and precepts, shall be legal and binding, provided they are not repugnant to the Constitution of this State or of the United States. Sec. 4. And be it further enacted , That all laws and parts of laws heretofore passed incorporating the town of Canton, in the county of Cherokee, be and the same are hereby repealed. Sec. 5. And be it further enacted , That Martin Jenkins, Joseph B. Tull, David Jones, Micajah Bateman, and William S. Houghton, be, and they are hereby appointed Commissioners for the town of Bristol, on Flint River, formerly known as Travellers Rest, and shall continue in office until their successors are appointed agreeably to the provisions of this act. Sec. 6. And be it further enacted , That on the second Monday in January, 1840, and on the same day in each and every year thereafter, it shall be lawful for all persons inhabitants of said town, and who have been resident therein thirty days, to elect five Commissioners for said town, who shall continue in office for one year, and until their successors are elected, said election to be advertised ten days, and superintended by one of the Justices of the Peace, and two freeholders. The jurisdiction of said Commissioners shall extend one-half mile from the centre of said town, said centre being known as the corner immediately opposite the storehouse of J. Lampkin Co. Sec. 7. And be it further enacted , That the said Commissioners, and their successors in office, shall have full power and authority to pass all by-laws, rules and regulations, in relation to the police of said town, as shall seem to them conducive to the health, peace, and well-being of the inhabitants thereof: Provided , the same be not repugnant to the Constitution and laws of this State, or of the United States. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838.

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AN ACT, To amend an act, passed the 20th December, 1834, to incorporate the town of Canton, 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, all of the legal voters residing within the corporate limits of the town of Canton, in the county of Cherokee, on the first Saturday in January, in each year, to meet at the Courthouse, in said town, and by ballot elect five Commissioners for said town, who shall hold their offices until their successors are elected and qualified, and that said election shall be superintended by one or more Justices of the Peace, and two freeholders. Sec. 2. And be it further enacted , That the corporate jurisdiction of said town, shall extend over all persons residing within one mile of the Courthouse, and that the Commissioners shall have power to compel the persons residing therein, to work on the streets, and roads, c. Sec. 3. And be it enacted , That all laws repugnant to this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To incorporate the Relief Society of the Georgia Annual Conference of the Methodist Episcopal Church. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That Samuel J. Bryan, Caleb W. Key, Samuel K. Hodges, Lovick Pierce, Elijah Sinclair, Samuel Anthony, Lewis Myers, William J. Park, William Arnold, and George F. Pierce, be, and they are hereby appointed, with their successors in office, Trustees for the Relief Society of the Georgia Annual Conference of the Methodist Episcopal Church. Sec. 2. And be it further enacted by the authority aforesaid , That the aforesaid Trustees, with 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

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of said society: Provided , such laws and regulations be not repugnant to the laws and Constitution of this State. Sec. 3. And be it further enacted , That the said Trustees, and their successors in office, under the name and style of the Relief Society of the Georgia Annual Conference of the Methodist Episcopal Church, as aforesaid, may use a common seal, and are hereby declared to be capable of sueing and being sued, pleading and being impleaded, contracting and being contracted with, and of using all means, necessary and lawful, for securing and defending any money, property, debts, or demands, which do now, or may hereafter belong to said society. Sec. 4. And be it further enacted by the authority aforesaid , That the said Trustees, and their successors in office, shall be entitled to hold all manner of property, both real and personal, and all donations, gifts, grants, bequests, and legacies of money, or any other things, together with any privileges and immunities which do now belong to said society, or which may hereafter accrue to it; and no misnomer of the corporation, shall prevent its rights, wherever it appears, or it can be ascertained that it was the intention of the party, or parties, to sell, give, grant, or bequeath any property, real, or personal, or any right, or interest, to said corporation. Sec. 5. And be it further enacted , That the Trustees before named, their associates and successors in office, shall annually pay over to the Stewards of the Georgia Annual Conference of the Methodist Episcopal Church, all sums of money which they hold subject to distribution, according to their by-laws, which money shall be paid over to the said Stewards, for the express and only purpose of being distributed among the preachers deficient in their quarterage, connected with said Conference, and the widows, and orphans of travelling preachers therein, according to the regulations provided for such distribution, by the discipline of the Methodist Episcopal Church. Sec. 6. And be it further enacted by the authority aforesaid , That whenever a vacancy may occur in said Board of Trustees, by resignation, removal, or otherwise, the Ministers and Preachers of the Methodist Episcopal Church, composing the Georgia Annual Conference, while in Conference assembled, may have the privilege of filling such vacancy; and the certificate of the President of the Conference, (for the time being,) witnessed by the Secretary, shall be sufficient evidence of such appointment: Provided , the said corporation shall not enjoy the capacity of purchasing, owning or receiving any real estate which shall not be absolutely necessary for religious purposes. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 22nd December, 1838.

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AN ACT, To incorporate the Brunswick Insurance and Trust Company in the city of Brunswick, 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 Urbanus Dart, Henry A. Breed, Horatio Bent, Andrew L. King, Moses W. Wilson, James Moore, Chas. Davis, and their assigns, and all such persons as may become stockholders in said Company, shall be, and they are hereby constituted and declared, a body corporate, under and by the name and style of The Brunswick Insurance and Trust Company, for and during the term of twenty-one years, and by that name the said Brunswick Insurance and Trust Company may sue and be sued, plead and be impleaded, answer and be answered unto, purchase, and hold, or sell property, and do all acts and things in their corporate name, that natural persons may do, and may also have and use a common seal. Sec. 2. And be it further enacted by the authority aforesaid , That so soon as one hundred thousand dollars of the stock of said Company shall be subscribed in the manner hereinafter specified, the stockholders owning all, or a majority of the shares, shall elect by ballot seven Directors, a majority of whom shall form a quorum for the transaction of business; and the Directors shall choose one of their own number President of said Company, and they shall also appoint a Secretary, and such other assistants and agents as may be necessary, whose term of service they may prescribe; and the business of said Company shall be carried on and transacted by the President. Secretary, and other assistants and agents of said Company, under the directions and superintendence of the President and Directors, who shall hold their offices for one year and until their successors are elected and no longer; and the said President and Directors for the time being, shall appoint the time and place for the election of Directors, which election shall be held once a year, by a majority of the stockholders present, allowing one vote for each share of stock, and stockholders not present may vote by proxy; and in case of the death or resignation of the President, or any Director, such vacancy may be filled for the remainder of the year, by the Board of Directors; and in case of the absence of the President, the Board of Directors may appoint a President, protempore . Sec. 3. And be it further enacted by the authority aforesaid , That the President and Directors of said Company may make and establish by-laws and regulations for the management of the affairs and business, and for the disposition of the property and effects of said Company, and for all matters appertaining

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thereto, and for the purchase and sale of real and personal property, and for the assignment and transfer of the stock of said Company. Sec. 4. And be it further enacted by the authority aforesaid , That the said Company shall have full power to make insurance on all kinds of property, and upon vessels, steam and other boats, goods, wares, merchandize, freight, bottomry, respondentia, interest, transportation, and all kinds of marine, river, and other risks; also to insure and take risks against fire, and on lives, buy, sell, and grant annuities, and to receive money on trust, and on deposite, and to purchase property, so far as may be necessary for the convenient transaction of the business of said Company, and no further; lend and borrow money at a rate of interest not exceeding eight per cent, and give the bonds or notes of the said Company for the same, which may be signed by the President, and attested by the Secretary of said Company, and shall be binding upon said Company; and also to do and perform all necessary matters and things connected with the above objects, or any of them, and the said Company may also cause themselves to be insured against risks upon which they have made insurance, and upon the interest they may have in any property, matter, or thing: Provided , That nothing in this act shall be so construed as to admit of Banking privileges. Sec. 5. And be it further enacted by the authority aforesaid , That the capital stock of said Company shall be one hundred thousand dollars, in shares of one hundred dollars, which said capital stock may be increased in the same manner to fifteen hundred thousand dollars, in like shares, as soon, and at such time or times as the said President and Directors shall deem such a measure necessary and expedient. That after the organization of said Company, by the election of Directors, a President and Secretary, the stockholders, as soon as required by the said President and Directors, shall pay in fifty per cent. on the amount of stock subscribed, and shall pledge the said Company personal property, or real estate, by bond and mortgage, in value one fourth more than the fifty per cent. unpaid, and all the property pledged or mortgaged to said Company, shall at all times be liable and subject to be taken in execution and sold, if necessary, to pay the debts and liabilities of said Company. Sec. 6. And be it further enacted by the authority aforesaid , That the President and Directors of said Company may regulate and prescribe the terms and manner of payment for, and the amount to be paid upon the stock subscribed, and to be subscribed; and if any stockholder, or stockholders shall fail to pay any instalment as required by the by-laws of said Company, his, her, or their stock, as well as all and any sum or

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sums of money previously paid thereon, shall be forfeited to said Company: And provided always , That the by-laws of said Company shall not be contrary to the Constitution and laws of this State, or of the United States. Sec. 7. And be it further enacted by the authority aforesaid , That the business and operations of the said Company, of every kind and description, except that of Insurance, shall be restricted and confined to the city of Brunswick, where alone it shall have an office, for the transaction of business; and that any violation of the provisions of this section, shall work a forfeiture of this charter. Sec. 8. And be it further enacted by the authority aforesaid , That the stockholders of said Company shall be liable, in proportion to the stock held by them respectively, for all the contracts of said Company while they are stockholders, and for six months after they may have transferred their stock. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To incorporate the Muscogee Insurance 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 Mayor and Aldermen of the city of Columbus, in this State, be and they are hereby constituted a Board of Commissioners, whose duty it shall be to open a book at such time as they may advertise, to receive subscriptions of stock in the Muscogee Insurance Company. Sec. 2. And be it further enacted , That the stock and affairs of the said Company shall be managed and conducted by seven Directors; and the first election of Directors shall take place at such time as the Mayor and Aldermen of the city of Columbus may order, who shall continue in office until the first day of January thereafter, and all subsequent elections shall take place annually, at such time and place as the Board of Directors may appoint, and said Directors are hereby authorized to continue in office until their successors are elected.

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Sec. 3. And be it further enacted , That the election for Directors shall be made by ballot, by a plurality of stockholders present, allowing one vote for each share, and stockholders not present may vote by proxy, under such regulations as the Board of Directors may ordain. Sec. 4. And be it further enacted , That the Directors shall have power to choose out of their body, a person to be President, and to provide by by-laws for the appointment of all other officers, assistants and servants, necessary for the management of said Corporation, and to prescribe the duties and salaries, and declare and make dividends of the profits, establish rules for the management and disposition of the property and effects of the Company, and all matters appertaining thereto. Sec. 5. And be it further enacted , That the Corporation hereby created shall be known by the name of the Muscogee Insurance Company, and may have continued succession, and shall be capable in law of sueing and being sued, impleading and being impleaded, answering and being answered unto, in all courts and places whatsoever; and they and their successors may have a common seal, and may change and alter the same at their pleasure. Sec. 6. And be it further enacted , That the capital of said Company shall be one million of dollars, to be divided into shares of one hundred dollars each, and five dollars per share shall be paid to the Commissioners at the time of subscribing, and the privileges hereby granted shall be and continue in force for thirty years from the date of this act. Sec. 7. And be it further enacted , That it shall be lawful for the President and Directors of the said Company to regulate the terms of payment for the stock subscribed, or to be subscribed, and the stock of said Company shall be assignable and transferable according to such rules, and subject to such restrictions as the Board of Directors may establish. Sec. 8. And be it further enacted , That when any person shall fail to pay any instalment when called for by the President and Directors as aforesaid, it shall and may be lawful for the said Board of Directors to declare, by resolution, to be entered on their minutes, such share or shares forfeited, to the use and benefit of said corporation, to be disposed of as the President and Directors may determine. Sec. 9. And be it further enacted , That the Corporation hereby created shall have full power and authority to make insurance upon houses, vessels, goods, wares, and merchandize, freight, bottomry, respondentia, interest, inland navigation, and transportation, and all other marine and river risks; also to insure and take risks against fire, and on lives, to loan money, and to perform all necessary matters and things conected with the above objects, or any of them.

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Sec. 10. And be it further enacted , That all policies of Insurance, and other contracts and engagements which shall be made or entered into by the said Company, shall be subscribed by the President, and attested by the Secretary, and being so signed, executed, and attested, shall be binding and obligatory upon the said Corporation, according to the tenor, and intent, and meaning of this act, and of such policies and contracts. Sec. 11. And be it further enacted , That the property of the stockholders shall be bound for all contracts or liabilities made by said Company, the amount of their stock, so long as he, she, or they shall continue a stockholder, and for six months after he, she, or they shall have bona fide transferred the same. Sec. 12. And be it further enacted , That this act shall be, and is hereby declared to be a public act, and the same be construed in all courts and places benignly and favorably for every beneficial purpose herein mentioned. Sec. 13. And be it further enacted , That the said Company shall not be allowed to commence business until at least one hundred thousand dollars of the capital are actually paid in. Sec. 14. And be it further enacted , That the business and operations of the said Company, other than that of Insurance, shall be confined to the city of Columbus, where alone it shall have an office, and any violation of the provisions of this section of this act, shall operate and be a forfeiture of this charter. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 29th December, 1838. AN ACT, To incorporate the La Grange High School, in the county of Troup, appoint Trustees for the same, and make to said High School certain donations under certains conditions therein expressed, and confer on said Trustees certain powers. 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 N. N. Smith. Benjamin Cameron, William A. Redd, Jesse Bull, John E. Gage, Bennet M. Ware, Wilie Womack, Andrews Battle, J. K. Redd, and their successors in office, are

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hereby appointed and declared a body politic, under the name and style of the Trustees of the La Grange High School, and as such shall be authorized to use a common seal, with power to alter and amend the same at their pleasure, may sue and be sued, plead and be impleaded, in the several courts of Law and Equity in this State; that they, in their corporate capacity, may hold any personal property, land, tenements, and hereditaments, may receive any gift, donations or subscriptions, for the benefit and use of said High School, may do and perform all such acts that may best promote the object of said High School: Provided , they do not contravene the laws and constitution of this State. Sec. 2. And be it further enacted , That the said Trustees shall have power to fill any vacancy or vacancies that may occur in their Board: Provided , such vacancy or vacancies shall be supplied with persons of the same orthodox church with those whose death, resignation or removal, may have occasioned said vacancies. Sec. 3. And be it further enacted , That said Trustees shall have corporate jurisdiction over the tract or parcel of land upon which they may erect their School edifices: Provided , the same does not exceed in quantity one hundred acres: And provided also , said tract or parcel of land, or any part of it does not lie within the corporate limits of the town of La Grange. Sec. 4. And be it further enacted , That the said Trustees shall have power to prevent the vending or retailing of any spirituous liquors, wines, and cordials of any kind whatever, within their corporate jurisdiction, by assessing a tax not exceeding five hundred dollars upon any person or persons who may vend or retail any spirituous liquors, wines, and cordials of any kind whatever, within the limits of said corporate jurisdiction; and should any person or persons upon whom a tax may be levied through virtue of this act, refuse to pay said tax, then and in that event said Trustees shall have the right to sue for and recover the same in common actions of debt, in the Superior Court of this State. Sec. 5. And be it further enacted , That said Trustees shall have authority to take, keep, possess, or sell, the edifice of the County Academy, in the town of La Grange: Provided , the Trustees of said Academy will relinquish to the Trustees of said High School, their corporate interest in said edifice. Sec. 6. And be it further enacted , That the said Trustees shall be entitled to receive for the use of said High School, that part of the academic fund which may hereafter be due the said County Academy, in the town of La Grange, so long as the Trustees of the said County Academy shall fail to keep their School in operation.

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Sec. 7. And be it further enacted by the authority aforesaid , That all laws and parts of laws that militate against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 28th December, 1838. INDIAN SPRINGS RESERVE. AN ACT, To authorize the Commissioners of the Indian Springs Reserve to sell and dispose of such of the streets and public passways of the Indian Springs Reserve, in the county of Butts, as are not necessary for the public use, and to appropriate the money arising from such sale. Whereas, many of the streets and public passways of the Indian Springs Reserve in the county of Butts, are not used, and are not likely to be used as public streets and passways, at said Reserve: And whereas, the sale of said streets may be productive of a fund sufficient to improve said Reserve for the public use. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the Commissioners of the Indian Springs Reserve, in the county of Butts, be and they are hereby authorized to dispose of by sale, at public outcry, at the Indian Springs, in said county of Butts, such of the streets and public passways as are laid out in the plan of said Reserve, as they may deem not of public use for streets and passways, after advertising the same for sale in the public Gazette that the Sheriff sales are usually advertised, at least thirty days before said sale. Sec. 2. And be it further enacted , That the said Commissioners be, and they are hereby authorized and required to execute titles in fee simple to the highest bidder at said sale, upon the payment of the purchase money for streets and public passways. Sec. 3. Be it further enacted by the authority aforesaid , That the said Commissioners and their successors, be, and they

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are hereby authorized and required to appropriate the amount of money arising from the sale of said streets and passways contemplated to be sold by this act, to the improvement of said Reserve and Springs, as they may deem necessary for the public use and benefit. Sec. 4. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. ISLANDS. AN ACT, To authorize the Governor to appoint a Commissioner to survey and sell the Islands in the Chattahoochee River, in any wise belonging to the State, and to sell Lot number three hundred and eighty-three, in the 20th District of Early. 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 his Excellency the Governor to appoint some fit and proper person to act as a Commissioner, to survey and sell the Islands in the Chattahoochee river, such as have not been sold heretofore, reverted, or in any manner belonging to the State of Georgia. Sec. 2. And be it further enacted , That the said Commissioner shall proceed forthwith to make an accurate survey of the Islands, and after ninety days publication in the Gazettes of Milledgeville and Columbus, giving the number and quantity of acres in each, shall proceed to sell at public outcry, in the city of Columbus, said Islands. Sec. 3. And be it further enacted , That the terms of sale shall be one fourth cash, and the balance in three equal annual instalments.

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Sec. 4. And be it further enacted , That the said Commissioner is hereby authorized to issue to purchasers of said Islands, certificates, with the conditions of the third section, stating the number of the Island purchased, the quantity of acres, and the price agreed to be paid: Provided , said purchaser shall have paid to said Commissioner one fourth part of the purchase money in cash. Sec. 5. And be it further enacted , That upon the payment in full of the purchase money, agreeable to the provisions of this act, the purchaser, or his assigns shall be entitled to receive a grant from the State, in the usual form for each said Islands: Provided , the purchaser, or his assigns, shall pay into the Treasury of this State the sum of five dollars. Sec. 6. And be it further enacted , That upon the failure to pay the instalments, the payments which have been made shall be forfeited, and the Island shall be sold again: Provided , That any purchaser may at any time before said sale, put his note, with good and sufficient indorsers, into the Central Bank, for the balance due, and be entitled to take out the grant for the same; and if any person shall pay up any of said instalments before the same shall become due, or make his note as aforesaid, he shall be entitled to a deduction of six per centum from the amount of said instalment. Sec. 7. And be it further enacted , That the Commissioner shall, previous to the entering upon the discharge of his duty, take and subscribe the following oath: I do solemnly swear that I will faithfully and honestly discharge my duty, as Commissioner under this act, and will immediately after the sale, make a true return of my actings and doings to his Excellency the Governor, and pay into the Treasury the cash payments received from said sales. And said Commissioner shall be entitled to receive for his services five dollars per day, and his expenses in surveying, to be paid by the Governor out of any money in the Treasury. Sec. 8. And be it further enacted . That said instalments and notes, shall bear interest from the day of sale. Sec. 9. And be it further enacted , That the said Commissioner shall also sell Lot number three hundred and eighty-three, in 20th District of Early county, which appears not to have been drawn to any name. Sec. 10. And be it further enacted , That all laws or parts of laws, militating against the provisions of this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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JUDICIARY. AN ACT, To amend the thirty-second section of the Judiciary System of this State, passed the 16th day of February, 1799, so far as relates to illegality in 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, when any person against whom an execution shall issue illegally, shall make oath thereof, and shall state the causes of such illegality, the Sheriff shall return the same to the next term of the Court from which such execution issued: Provided , That the person alleging such illegality, shall also deliver to the Sheriff, or other lawful officer, a bond with good and sufficient security conditioned for the delivery of the property levied on, at the time and place of sale, in the event of the causes or grounds of the alleged illegality being overruled by the Court, and not otherwise; and in all cases it shall be the duty of the Sheriff, or other officers, to levy on property, where any can be found, before receiving such affidavit. Sec. 2. And be it further enacted by the authority aforesaid , That all laws or parts of laws, repugnant to this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. LUMBER COMPANY. AN ACT, To amend an act passed the 17th day of December, 1834, entitled an act to incorporate the Georgia 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

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from and after the passage of this act, it shall and may be lawful for the Georgia Lumber Company (by such style and name, and in such manner as a majority of the Board of Directors of said Company shall direct,) to establish credit in foreign markets, borrow money, sell, lend or exchange their credit, for the credit or property of others, at such rate of interest, not exceeding eight per centum per annum, as may be agreed upon by contract; and the said Company shall be liable to sue and be sued, by the style and name adopted by a majority of the Directors aforesaid; and on failure to fulfil any or all of their contracts by said Company, not only the property of said Company, but the individual property of each and every stockholder shall be bound and held liable in law to the amount of the stock they may at the time respectively hold in said Company, any law to the contrary notwithstanding. Sec. 2. And be it further enacted , That when said Company shall assume any new name or style, as provided in this act, the same shall thereafter be its corporate name and style, instead of its present name. Sec. 3. And be it further enacted , That all laws and parts of laws repugnant to this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. LUNATICS. AN ACT, To alter and amend the first section of an act, passed the 22nd December, 1834, to authorize the Courts of Ordinary of the different counties of this State to issue commissions of Lunacy, and to regulate proceedings thereon, so as to increase the number of persons to whom said commission shall issue. Whereas, said first section directs the issue of a commission, directed to any twelve discreet and proper persons; And whereas, it is often impracticable to procure the attendance of said twelve personsfor remedy whereof:

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Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same , That said commission shall be issued as mentioned in said act, directed to any eighteen discreet and proper persons, requiring them to attend at such time and place as shall be mentioned in said commission, within the county where said commission shall issue; and any twelve of them to examine by inspection the person alleged to be an idiot, lunatic, or insane person, and act upon said case as directed in said act. Sec. 2. And be it enacted by the authority aforesaid , That all laws and parts of laws militating against this act, are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To authorize the arrest and confinement of Lunatic or Insane persons, 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 upon the application of any of the good people of this State, under oath, that he, she, or they have reason to apprehend any injury to their persons or property, from any lunatic or insane person who is suffered to go at large, any Justice of the Peace to whom such application may be made, shall be, and he is hereby authorized to issue his warrant in the same way as in criminal cases, for the arrest of said lunatic or insane person, and to bring such person before himself, or any other Justice of the Peace, who shall proceed to inquire into all the circumstances of the case, and if he should be satisfied that the party making the application has just grounds to apprehend any injury to himself, or his property, from such lunatic or insane person going at large, to commit such person to the common jail of the county, and shall forthwith notify the clerk of the Inferior Court of the county, of such committal. Sec. 2. And be it further enacted , That it shall be the duty of the clerk of the Inferior Court of the county, upon being so notified, to call together the Judges of said Court, or a majority of them, who shall make such provisions for the confinement

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and detention of such lunatic or insane person, either in the common jail of the county or by placing such person in the custody and under the control of some suitable individual, as they or a majority of them may deem best; and such lunatic or insane person shall be confined and not permitted to go at large, without being under the immediate custody of such person. Sec. 3. And be it further enacted , That when said Court or a majority of them, may be satisfied that such lunatic or insane person, so committed as aforesaid, is destitute of property or other means to defray the expenses thus incurred for his, her, or their maintenance during such confinement, to order the same to be paid out of the county funds; and if said lunatic or insane person shall be able to defray the expenses aforesaid, such expenses shall be ordered to be paid out of his own funds, in such manner and at such time as said Court shall order. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. LAMBERT'S ESTATE. AN ACT, To authorize the Executors of Lambert's estate to sell said estate, and vest the proceeds in stock, and other property. Whereas, on the twenty-ninth day of September, in the year of our Lord, one thousand seven hundred and eighty-five, John Lambert, of Liberty county, in this State, departed this life testate, and, as he believed, without leaving any next of kin, capable of inberiting his estate:and the said testator, after having given off certain specific legacies, having bequeathed the whole residue, in trust, to his executors therein named, and their successors, for charitable uses; and it having become impossible, from the change in public opinion, and other causes, to execute literally, some of the provisions of the will, and the executors believing as they do, that humanity to the slaves, as well as regard to the benevolent purposes of the testator, require that the land and negroes be sold, and the money arising therefrom, be applied to the objects of the testator's bounty; for remedy whereof:

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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 executors of John Lambert, deceased, formerly of Liberty county, Georgia, be, and they are hereby authorized to sell the whole of the estate of their testator, both real and personal, and vest the fund arising therefrom in stocks, or such other property, as in their discretion they may deem best; due regard being had by them in making this substitution, to the intention of said deceased, as declared in his will. Sec. 2. And be it further enacted , That said executors may, and they are hereby authorized, by and with the consent of the Court of Ordinary, of said county, at any time they may think it best and advisable, to change the stocks in which said funds may be vested, and vest the same in such other or others as they, and said Court may think most conducive to the best interests of the trust of said will. Sec. 3. And be it further enacted , That if said executors shall sell or dispose of said property at public outcry, they shall give thirty days notice, previous to the day of sale, in one or more of the public Gazettes of the City of Savannah. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. LANDS. AN ACT, To sell certain Lands therein mentioned, and dispose of the proceeds arising from the sale thereof. Whereas, the whole of the country lately occupied by the Cherokee tribe of Indians, in Georgia, was at one time one county, and called the county of Cherokee; And whereas, a great many claims were presented to the Inferior Court of said county for payment; And whereas, the Court deeming them just and legal, passed their orders for the Treasurer to pay the same; And whereas, the Legislature did in the year eighteen hundred and thirty-two, lay off said county into the counties now composing the Cherokee Circuit, and thereby throwing

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the whole burthen of paying and disbursing all the accounts and orders passed as aforesaid on the Treasury of the present county of Cherokee, which has consumed a considerable portion of their county funds, and has thereby been the cause of keeping the county in debt for her public buildings; And whereas, it is the policy of the State to deal out Justice to her citizens, and believing there is no law to compel the other counties as aforesaid, to pay their proportionable part, or parts thereoffor 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 Sheriff of Cherokee county be required to give notice in one of the public Gazettes of this State, thirty days, that he will sell at public outery on a given day, before the Court House door in the town of Canton, Cherokee county, Lot of Land, number one hundred and twenty-two, in the 14th District of the second section, which was drawn by W. A. Crombie, and relinquished by him to the State, and also the State's interest in Lot number one hundred and fourteen, in the 14th District of the second section, which was drawn by one Nancy Holland, and which has been condemned as a fraudulent draw, and when so sold by said Sheriff, he shall pay the proceeds arising from the sale of said Land, after deducting two per cent. for selling and the advertisement, to the Treasurer of said county of Cherokee, and it shall become a part of the county fund. Sec. 2. And be it further enacted , That the Sheriff shall execute Deeds for the Lands sold as aforesaid, which shall be held good and valid in any Court of Law or Equity in this State, any law to the contrary notwithstanding; and the Sheriff of said county shall be liable to be ruled in the Superior Court of said county at the instance of the Solicitor General of Cherokee Circuit, upon his neglect or refusal to pay over the money arising from the sale of the Land herein mentioned. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838.

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LOTTERY. AN ACT, To appoint Brockman W. Henderson, Simon Green, and Samuel Gainer, Commissioners of the Fort Gaines Academy 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 Brockman W. Henderson, of Randolph, and Simon Green, and Samuel Gainer, of Early, be, and they are hereby appointed Commissioners of said Lottery, in the place of James B. Watkins, George W. Prescott, and Solomon V. Wilson; and that the present scheme for drawing said Lottery, shall complete said Lottery, and that the said Commissioners shall not draw or conduct said Lottery, under any other or subsequent scheme. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. MANUAL LABOR SCHOOLS. AN ACT, To amend an act entitled 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, passed 25th December, 1837. 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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the first section of the above recited act, be, and the same is hereby repealed, and the following be substituted in lieu thereof, that James O. Andrew, Samuel J. Bryan, G. F. Pierce, Wm. Arnold, E. Sinclair, C. W. Key, Samuel Anthony, J. A. Everit, A. Wiggins, Alexander Smith, A. S. Edgeworth, R. H. Luckey, and D. F. Wade, 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 , That the eighth section of the before recited act, be, and is hereby repealed, and the following adopted in lieu thereof: 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 that portion of the trust provided for by this act, and consisting of the first named seven members, viz., James O. Andrew, Samuel J. Bryan, G. F. Pierce, Wm. Arnold, E. Sinclair, C. W. Key, and Samuel Anthony, so that at all times seven of the thirteen 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 may fill up any vacancy that may occur in the remaining six incumbents of the trust. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To incorporate the Manual Labor School, near Talbotton, in the county of Talbot, denominated the Collinsworth Institute. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That Ignatius A. Few, Samuel K. Hodges, Lovick Pierce, Josiah Flournoy, Seaborn Jones, John Flournoy, Miranda Fort, Barnard Hill, Charles A. Brown, James D. Dismukes, James J. Tooke, and Jacob A. Clements, together with such person as shall be hereinafter specified, be, and they are hereby appointed Trustees for the Manual Labor School, near Talbotton, in the county of Talbot, denominated the Collinsworth Institute.

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Sec. 2. And be it further enacted , That the Principal Teacher employed in the management of said School, shall be for the time being, ex officio , a member of the Board of Trustees for said Institution. Sec. 3. And be it further enacted , That the aforesaid Trustees, and their successors in office, shall have power and authority to make such by-laws and regulations as may be necessary for their own government, as a Board of Trustees for said Institution, and for the government of said School: Provided , that such by-laws and regulations be not repugnant to the Constitution and laws of this State. Sec. 4. And be it further enacted , That the said Trustees, and their successors in office, shall be, and are hereby declared to be a body corporate, under the name and style of the Collinsworth Institute, and 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 of using all means necessary and lawful for securing and defending any money, property, debts, or demands, which do now, or may hereafter belong to said Institution, and for receiving all grants, gifts, bequests, devices, and conveyances of property of any, and all descriptions whatever. Sec. 5. And be it further enacted , That the said Trustees, and their successors in office, shall be entrusted with, and entitled to all manner of property, both real and personal, all donations, grants, gifts, bequests, legacies, privileges, and immunities whatever, which may now belong to said Institution, or may hereafter be made or conveyed to it, and no misnomer of the corporation shall prevent its rights from vesting wherever it appears, or can be ascertained that it was the intention of the party, or parties, to sell, give, bequeath, or devise any property, real, or personal, or any right, or interest to the said corporation. Sec. 6. And be it further enacted , That the said Trustees, and their successors in office, shall have power to receive, and be entrusted with, as a permanent fund, the donations made by Josiah Flournoy, Esq., of the county of Putnam, of the proceeds which shall arise from the sale of twelve half sections of land lying in the State of Alabama, by Ignatius A. Few, Samuel K. Hodges, Lovick Pierce, Seaborn Jones, Josiah Flournoy, James E. Glenn, and John Flournoy, and their successors, under a deed of trust made to them of the said lands, by the said Josiah Flournoy, in trust, for the sale of the same, and for the appropriation of the entire proceeds of such sale, for a permanent fund for the endowment of said Institution; and the Trustees of the said School, and their successors in office, shall have power to vest said fund in stock, or loan the same on interest, and to appropriate annually the interest, or nett annual

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proceeds arising from said vested fund, to the purposes of defraying the expenses of the education in said Institution of boys in indigent circumstances, and for such other purposes as may be in accordance with the intentions of said donor in said deed of trust expressed; and the Trustees of said School, and their successors in office, shall have power to elect and determine who shall be, from time to time, the recipients of the benefits arising from the interest, or nett annual proceeds of said fund, without regard to the religious faith of the applicant. Sec. 7. And be it further enacted , That the said Board of Trustees, and their successors in office, 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 the said Board of Trustees, and their successors in office, shall have power to remove any member of the Board for a violation of their by-laws: Provided , that no one shall be removed until he is sufficiently indemnified for all liabilities for the payment of money, which he may have incurred as Trustee as aforesaid. Sec. 8. And be it further enacted , That in all transactions of said Board of Trustees, and their successors in office, a majority of said Board shall govern, except in the appointment and removal of the Principal Teacher of said Institution, which shall require the concurrence of two-thirds of said Board. Sec. 9. And be it further enacted , That when any vacancy shall happen in the six first named Trustees, viz., Ignatius A. Few, Samuel K. Hodges, Lovick Pierce, Josiah Flournoy, Seaborn Jones, and John Flournoy, either by resignation, removal, or otherwise, the Ministers and Preachers of the Methodist Episcopal Church composing the Georgia Annual Conference, when in Conference assembled, shall have the privilege of filling such vacancy as may occur in the trust now filled by the said first six named Trustees, so that at all times hereafter, six of the thirteen members of the Board 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 that the said Board of Trustees, and their successors in office, shall have the power to fill up the vacancy now by this act occurring, and all such vacancies as may hereafter occur in the seven remaining trusts. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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MASTERS IN EQUITY. AN ACT, To appoint Masters in Equity for the counties of Burke and Monroe. Whereas, in causes in Equity, in the Superior Courts of said counties of Burke and Monroe, accounts are frequently presented embracing transactions of many years, voluminous, and referring to numerous vouchers for their proof, and which, by reason of the time and labor necessary to be spent in investigating, and the limited period appointed by law for the sessions of said Courts, cannot be carefully and correctly examined by a Court and Jury, and hence in practice are commonly referred to Auditors for examination: And whereas, experience has shown that it is extremely difficult to procure competent individuals for this purpose without compensation; and thereby great delays in suits in Equity frequently happen: 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 aforesaid , That the Judges of the Superior Courts for the counties of Burke and Monroe, for the time being, be, and they are hereby authorized and empowered to appoint a Master in Equity for said counties of Burke and Monroe whose duty it shall be to examine, audit and report upon all accounts, and vouchers relating to any suit pending, or which may hereafter be instituted in Equity, in the Superior Courts of said counties, which may be submitted to him under an order of said Court, and also to superintend under the discretion of the Court, all sales which may be made by order of the Court under decrees in Equity. Sec. 2. And be it further enacted by the authority aforesaid , That the said Masters in Equity shall be entitled to receive such compensation for their services in examining, auditing, and reporting upon accounts, as the Court and Jury trying the particular cause in which such Master's reports are made, and shall determine the amount of compensation there to be determined to be taxed in the Bill of Costs in the cause. Sec. 3. And be it further enacted by the authority aforesaid , That before entering upon the duties of his office, the said Master in Equity shall take and subscribe the following oath, to

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wit: I, A. B., do solemnly swear that I will faithfully discharge the duties of my appointment of Master in Equity, to the best of my knowledge: so help me God. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. MEDICAL COLLEGE. AN ACT, To establish and incorporate a Medical College in the city of Savannah. Whereas, the establishment of a Medical College in the city of Savannah is desired by the Physicians of that city, who for this purpose have presented their memorial to the Legislature, praying an act of incorporation of certain persons to be called The Savannah Medical College: And whereas, sound policy dictates the importance of such institutions as necessary to afford proper facilities in the acquisition of the interesting science of medicine. 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 Wm. R. Waring, Wm. C. Daniel, John M. Berrien, Robert M. Charlton, William T. Williams, Joseph W. Jackson, Wm. Law, and the Rev. Edward Neufville, all of the city of Savannah, in the county of Chatham, and their successors, be, and they are hereby constituted and appointed a body corporate, to be located in the city of Savannah, under the name of the Savannah Medical College, so far as to hold property both real and personal, keep a common seal, sue and be sued, and to keep a book of record for registering all licenses to be granted by them, under the provisions hereinafter made. Sec. 2. Be it further enacted , That the said corporate body be, and they are hereby authorized and empowered to elect all such officers, and frame all such by-laws as may be necessary to carry into effect the objects of their incorporation; and in case of the death, removal, or refusal to act, of any member of the said Board, the said body corporate or a majority of them, be and they are hereby empowered to fill up such vacancies.

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Sec. 3. Be it further enacted , That the said corporate body shall have, and they are hereby authorized and invested with power to establish a regular Medical School, for instruction in the science of Medicine, to prescribe the course of study, to deliver lectures, and to fix and establish such prices or compensation for instruction as they may think, to grant licenses and diplomas to their students and applicants, upon examination, to practice physic and surgery under such regulations as they shall adopt and establish. Sec. 4. Be it further enacted , That said corporation shall have power, and are hereby authorized to purchase lands, erect buildings, and make such other improvements as may be necessary for the various purposes of a Medical College, and to procure a suitable library, apparatus, and museum, for said institution, and such other things as may be necessary, to the proper and successful operation of the same. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838. MILITARY STOREKEEPERS. AN ACT, To regulate the appointment, define the duties, and fix the salaries of Military Storekeepers. 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 his Excellency the Governor to appoint some suitable person as Military Storekeeper in the city of Savannah, and some other proper person as Military Storekeeper in the city of Milledgeville, each of whom shall be annually appointed by the Executive; it shall be the duty of Military Storekeepers to take possession of the public arms, munitions, arsenals and such other public buildings and property therewith connected, as may properly belong to them as Military Storekeeper at their respective stations; and the same safely to keep, to clean, and keep in good order; to make annually a report to his Excellency the Governor, of the number and kind, the order and

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condition of the arms, munitions and other public property in their custody, to be by the Governor laid before the General Assembly, and to obey such orders and directions as may from time to time be given to them by the Governor. Sec. 2. And be it further enacted , That the salary of the Military Storekeeper at Savannah shall be three hundred dollars, and the salary of the Military Storekeeper at Milledgeville shall be four hundred dollars, to be paid annually after the report of said Storekeepers shall have been made to the Governor in terms of this act; and for that purpose the Governor is authorized to draw his warrant on the Treasury for the amount of the salaries herein fixed, to be paid out of any monies not otherwise appropriated; and all laws or parts of laws militating against this act are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838. MILITIA DISTRICTS. AN ACT, To authorize the Justices of the Inferior Court of the county of Lee, 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 Lee, 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838.

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AN ACT, To authorize the Justices of the Inferior Court of the county of Montgomery, to alter and regulate the Militia District lines 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 and may be lawful for the Justices of the Inferior Court of the county of Montgomery, or a majority of them, to alter and regulate the Militia District lines within the limits of said county. Sec. 2. And be it further enacted by the authority aforesaid , That all laws militating against this act, be, and they are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. NAMES CHANGED. AN ACT, To change the name of Jeremiah Shaw, of the county of Marion, to that of Jeremiah Jackson; that of Edwin R. Brown, of Hancock county, to that of Edwin R. Worthen; that of Robt. Henry Russell, of Muscogee, to that of Robert Henry Taylor; and that of Willis Pulaski, of Troup county, to that of Willis Pulaski Thomas, and to legitimatize the latter; 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, that the name of Jeremiah Shaw, of the county of Marion, be, and it is hereby changed to that of Jeremiah Jackson. Sec. 2. And be it further enacted by the authority aforesaid , That the name of Willis Pulaski, of Troup county, whose mother was a widow Ellis, and whose father was James Bentley, be changed from that of Willis Pulaski Ellis to that of Willis Pulaski Thomas.

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Sec. 3. And be it further enacted by the authority aforesaid , That the said Willis Pulaski Thomas be and he is hereby authorized to inherit property, both real and personal, and entitled to all the rights and privileges of citizens of this State, as if he had been born in lawful wedlock. Sec. 4. And be it further enacted by the authority aforesaid , That the name of Edwin R. Brown, of Hancock county, be changed to that of Edwin R. Worthen, and shall be known in law as such, any law, usage, or custom to the contrary notwithstanding. Sec. 5. And be it further enacted by the authority aforesaid , That the name of Robert Henry Russell, of Muscogee county, be changed to that of Robert Henry Taylor, and shall be known in law as such, any law, usage, or custom to the contrary notwithstanding. Sec. 6. And be it further enacted by the authority aforesaid , That Emanuel W. Wall, be, and the same is hereby changed to Emanuel W. Mosely; the name of William S. Silivert, be changed to William S. Mosely; the name of Susannah Moore, be changed to Polly Ann Mosely, 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 Clement T. Mosely, of Emanuel county, their reputed father; that the name of Polly Lovell be changed to that of Polly Gray, and as such shall be known and called in law; and the said Polly Gray is hereby declared to be fully and completely legitimatized and entitled to all the benefits rights and privileges that she would have been had she been born in lawful wedlock, and be fully capable of inheriting and receiving all manner of property by virtue of the statutes of distributions of this State, so far as the same relates to the real and personal estate of John Gray, of Columbia county, her reputed father: Provided , the same shall only be so construed as to place the said Polly on an equal footing and not to the exclusion of the other heirs of the said John Gray. Sec. 7. And be it further enacted by the authority aforesaid , That Charlotte Lewis, of Henry county, shall be called and known in law by the name of Charlotte Brumfield; that the name of Adolphus S. Holland, of Newton county, be and the same is hereby changed to the name of Adolphus S. Nelms; also the name of Elizabeth Turner to that of Elizabeth Johnson; also the name of George Ann Turner to that of George Ann Barber, both of Appling county; also the name of William Stotesberry, of Chatham county, to that of William Sobieski McFarland; also the name of Appilee Lake, of Newton

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county, to Appilee McCullers; and also the name of Noah Wheeler Lee, of the county of Twiggs, to that of George Washington Lee; that the name of Tempy Ann Jones, of Gwinnett county, be changed to that of Ann Austin. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 27th December, 1838. AN ACT, To change the name of certain persons therein named, 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 from and immediately after the passage of this act, the name of Sarah Ann Parker, of Burke county, be changed to that of Sarah Ann Byne, the reputed illegitimate child of Elijah Byne, of the county of Burke; the names of Ellington Johns, Caleb Johns, John Johns, Ezekiel Johns, and James Johns, of Burke county, be changed to that of Ellington Attaway, Caleb Attaway, John Attaway, Ezekiel Attaway, and James Attaway, the reputed illegitimate children of David Attaway, of the county of Burke; the name of Timothy C. Beasley, of Carroll county, be changed to that of Timothy C. Golding; and Nancy Beasley, (formerly) now Nancy Posey, the reputed illegitimate children of Caleb Golding, of said county of Carroll; the name of John P. Wise, of Bulloch county, be changed to that of John B. McElven, the reputed illegitimate child of William D. McElven, of Bulloch county; the name of Edmund Dukes of the county of Bulloch, to that of Edmund Burnside, the reputed illegitimate child of Edmund Dukes, of the county of Bulloch; the name of Jonathan Wootson Dregors, of Lowndes county, be changed to that of Jonathan Wootson Studestill, the reputed illegitimate child of John Studestill, of the said county of Lowndes; the name of Franklin McDaniel, of Talbot county, be changed to that of Franklin Scott, the reputed illegitimate child of Darius Scott, of the county of Talbot; the names of James Walton Whitehead, Martha Amanda Whitehead and Sarah Elizabeth Whitehead, of Clark county, be changed to that of

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James Walton Hudson, Martha Amanda Hudson, and Sarah Elizabeth Hudson, and that Sophia Thompson, wife of Robert Thompson, and Nancy Honge, wife of Darius Honge, being also the reputed illegitimate children of James Hudson, of the county of Clark; the name of William Stotesbury, of Chatham, to that of William Sobieski McFarland. Sec. 2. And be it further enacted , That the name of Tempy Ann Jones, of the county of Gwinnett, be changed to that of Ann Austin; and that the name of Robert Jackson Farcloth, of the county of Dooly, shall be, and the same is hereby altered and changed to that of Robert Jackson Weeks, and he is hereby made legitimate, and entitled to all the rights under the statutes of distributions that he would be entitled to, if he were the lawfully begotten child of his reputed father, Leonard Weeks. Sec. 3. And be it further enacted , That the name of Ann Mershon, of the county of Washington, shall be changed to that of Ann Guyton; the name of George Wilson Greenhow, of Floyd county, shall be changed to that of George Wilson Lloyd; the name of John Parker, of Franklin county, shall be changed to that of John Willmott; the names of Seaborn A. Colson, Samantha Colson, and Irwin J. Colson, of Tattnall county, shall be changed to that of Seaborn A. Hodge, Samantha Hodge, and Irwin J. Hodge; the name of Granville B. Mock, of Scriven county, to that of Granville B. Bivell; the name of Paul C. Anderson, of Scriven county, to that of Paul C. Farmer. Sec. 4. And be it further enacted , That they are respectively hereby fully and completely legitimatized, and entitled to all the rights and privileges that each are, or would have been entitled to, if they, and each of them had been born in lawful wedlock, in and to the estates of their respective reputed father's property, both real and personal, and made 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 their reputed father's estate. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY. President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838.

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PARDON. AN ACT, To pardon William Porter, of the county of Pike. Whereas, at the September term, eighteen hundred and thirty-eight, of the Superior Court of Pike county, William Porter was convicted of the offence of murder: And whereas, the Governor has respited him and postponed his execution, that the Legislature might act upon his application for pardon: 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 from and immediately after the passage of this act, the said William Porter be, and he is hereby declared to be, fully, freely, 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 30th December, 1838. AN ACT, To pardon John Gray. Whereas, John Gray was at the last January term of the Superior Court of Richmond county, convicted of the crime of murder, but recommended to mercy by the Jury who tried his cause, and the execution of the sentence pronounced, being respited until the fourteenth of December next, and it appearing that there are circumstances in his case which justify the interference recommended by the Jury: 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 ,

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That from and after the passage of this act, the said John Gray, be, and he is hereby freely, fully, and entirely, pardoned, exonerated and releived from the pains and penalties of his said conviction and sentence. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 27th, 1838. AN ACT, To pardon Jarvis Brook, of the county of Wilkes. Whereas, at the March term, eighteen hundred and thirty-eight, of the Superior Court of Wilkes county, Jarvis Brook was convicted of the crime of murder: And whereas, the Jury which tried him recommended him to mercy; and the Judge who presided in the case postponed the execution of the sentence of the law, until Friday, the twenty-third day of November inst., that the Legislature might act upon 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 immediately after the passage of this act, the said Jarvis Brook 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 12th December, 1838.

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PARTNERS. AN ACT, To authorize partners, or persons jointly interested, under certain circumstances, to execute sealed instruments. 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 all suits either in favor of, or against partners, or persons jointly interested; and in all cases when such partners or persons jointly interested, shall in any wise become connected with any suit or other matter, pending in any of the Courts of this State, in any way whatsoever, wherein it shall become necessary for said partners or persons jointly interested to give bond, it shall and may be lawful for any one of said partners or persons jointly interested, to execute the same by signing the names of all of said partners or persons jointly interested; and the same shall be obligatory, and binding upon every of said partners or persons interested; any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. PEDLER. AN ACT, To exempt Henry Darnell from the several provisions of the acts of the General Assembly, concerning Pedlers, and to authorize him to engage in that business without license. 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 Henry Darnell, of the county of Baldwin, shall, and is hereby authorized to pursue the business of a Pedler, without being subjected to the provisions of the several acts of the General

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Assembly heretofore passed: Provided always , that the business which he is hereby authorized to pursue, shall be for the exclusive benefit of himself and family. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. PENAL CODE. AN ACT, To amend the thirty-fifth section of the fourteenth division of the Penal Code 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 the time prescribed in the thirty-fifth section, and fourteenth division of the Penal Code of this State, within which indictments shall be filed and found, shall not extend to those cases in which the offender or offenders is or are unknown; and all laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838. AN ACT, To amend the ninth section of the thirteenth division of the Penal Code of this State. Whereas, the above named section is in the following words: Any person who shall conceal, harbor, or hide, or cause to be concealed, harbored or hidden, any slave, to the

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injury of the owner thereof, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine not exceeding the value of the slave, or imprisonment in the common jail of the county, or both, at the discretion of the court. And whereas, the above recited part of 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 the above recited clause of the ninth section of the thirteenth division of the Penal Code of this State, be, and the same is hereby repealed; and in lieu thereof the following be adopted and received: Any person who shall conceal, harbor, hide, or employ, in their own, or in the service of any other person or persons, any slave, to the injury of the owner thereof, shall be guilty of a high misdemeanor, and on conviction thereof, shall be punished by imprisonment and labor in the Penitentiary of this State, for a time not exceeding three years, nor less than one year, at the discretion of the Court. Sec. 2. And be it further enacted , That the proviso immediately next following the first recited clause in the ninth section of the thirteenth division of the Penal Code aforesaid, be, and the same is hereby declared in full force and virtue. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. PUBLIC ARMS, SALE OF. AN ACT, To sell and dispose of a portion of the Public Arms, and Military Stores, belonging to 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 his Excellency the Governor cause to be sold, at such places, and at such times as he may think fit, such of the Public Arms, and Military Stores, in the Public Arsenals, and elsewhere, which he may deem unnecessary to be retained by the State, and

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that he cause thirty days notice of such sales, to be given in some public Gazette, and that he cause them to be sold on a short credit, or for cash, as may seem best, and that he appoint the necessary agents to sell the same, and collect the proceeds thereof: Provided also , that should said Arms, and Military Stores be sold on a credit, that good and sufficient security be taken for the payment of the money. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. PUBLICATION OF BILLS, WRITS, c. AN ACT, To regulate the publication of Rules, Writs, Bills, Orders, and Precepts of Court, relative to cases in Equity, to fix the cost thereof, and to amend certain defects in the process of Writs, and to prescribe the time of filing Declarations in Attachments. 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 service of any Process, Writ, Bill, Order, or Rule of Court, relating to cases in Equity, shall be required to be made by publication in any of the public Gazettes of this State, the publication of the same as aforesaid, once a month for four months, shall be deemed, held, and taken to be sufficient, and the Clerk shall receive for such publication, the sum of five dollars. Sec. 2. And be it further enacted , That when any Process, or Writ shall bear test in the name of any Judge of the Superior Courts of this State, who shall have died before the issuing the same, said Writ, or Process shall not abate therefor, but the same shall at any time be amended, on motion, without delay, or costs. Sec. 3. And be it further enacted , That Declarations founded on Attachments, may he filed at the first term of the Court to which the same shall be returned.

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Sec. 4. And be it further enacted , 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. RAIL ROADS. AN ACT, Further to amend the act of the General Assembly of this State, for the location and construction of the Western and Atlantic Rail Road of the State of Georgia, passed December 21st, 1836, and the act amending the same, passed December 23d, 1837. 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 commissioners of the Western and Atlantic Rail Road of the State of Georgia, be authorized and required to make an examination of the country suitable for the north western termination of said Road, and to have the route surveyed during the ensuing year, and thereupon to fix upon and determine the point or place for said termination, which in their opinion may be most conducive to the prosperity and advantage of the State; and unless the point so determined shall be disapproved by his Excellency the Governor, it shall be held and considered the termination of said Road; and they are hereby authorized to make any and all contracts touching the land where said Road shall terminate, as they may conceive advantageous to the State. Sec. 2. And be it further enacted , That the commissioners of the Western and Atlantic Rail Road, be and they are hereby required to discharge from the service of the State, all the Engineers whose services are not absolutely necessary to the progress of the work on said Road: and that they hereafter discharge said Engineers, or any part of them, as their services on the Western and Atlantic Rail Road can be dispensed with. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 29th, 1838.

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AN ACT, To incorporate the Louisville 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 constructing and keeping up a Rail Road communication from the town of Louisville to some convenient point on the Central Rail Road, in the county of Jefferson, the subscribers for the capital stock hereinafter mentioned, and their assigns, shall forever hereafter, be a body politic and corporate, by the name and style of the Louisville Rail Road Company; and by the said corporate name, shall be capable in law to purchase, accept, hold, and sell and convey real and personal estate, make contracts, sue and be sued, to make bylaws, and to do all lawful acts properly incident to a corporation, and necessary and proper for the transaction of the business and construction of the work for which it is incorporated; and to have and use a common seal, and the same to alter and destroy at its pleasure. Sec. 2 And be it further enacted , That the capital stock of said Company shall be one hundred thousand dollars, divided into shares of one hundred dollars each, but may be invested from time to time, as may be deemed expedient by a majority of the Board of Directors of such corporation, for the time being, and by such sum or sums as such Board of Directors may order and determine: Provided , That said capital, when so increased, shall not in the whole exceed the sum of two hundred thousand dollars; and the Board of Directors for the time being, shall be authorized to prescribe the terms and conditions of subscriptions for such additional stock as may from time to time be required. Sec. 3. And be it further enacted , That the said corporation be, and it is hereby authorized and empowered, to make, construct, and maintain a Rail Road, for the transportation of produce, merchandize, and passengers, of suitable width and dimensions, in the most cheap, proper, and practicable course, to unite with the Central Rail Road, at some convenient point in the county of Jefferson aforesaid, to be designated by the Board of Directors of the said Company, and to unite with the said Central Rail Road, upon such terms and conditions as shall be agreed upon, by and between the Directors of the said Company and of the said Central Rail Road Company; paying to the owners of land through which the same may pass, a just indemnity, to be ascertained as hereinafter provided for, for the value of the land covered by the Railway, and for three hundred feet on each side of the same; and whenever a person shall own land on both sides of the Rail Road, at any point, the Company shall be bound to construct for his convenience,

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such bridge across the Rail Road, as may not obstruct or incommode the passage on or along the said Rail Road; but no person shall be at liberty to cross such Rail Road, except by such bridge or road, without the express permission of such corporation. Sec. 4. And be it further enacted by the authority aforesaid , That when any person shall feel himself aggrieved or injured by the said Rail Road, or when the said Company cannot agree with any person, through or on whose land the Rail Road shall be conducted, as to the damages sustained, the amount of such damage or injury shall be ascertained and determined by the written award of three sworn appraisers, to be chosen one by the Company, one by such owner, if he shall think proper, and one by the Inferior Court of Jefferson county; but if such owner shall decline to appoint an appraiser, then two appraisers to be appointed by the said Inferior Court, and one by the said Company, all of whom shall be disinterested freeholders of the said county, the award of whom shall operate as a judgment for the amount against the company, and shall be enforced by an execution from the said Inferior Court, with the right of appeal by either party, to be tried at the next term of the Superior Court of the said county, by a special Jury; and the decision shall vest in the Company the fee simple of the land in question; and to the other party a judgment for its value thus ascertained, which may be enforced by the ordinary process of the said Court. Sec. 5. And be it further enacted by the authority aforesaid , That whenever the said Rail Road shall intersect any public road, the Company shall be bound to build a safe and substantial bridge, to be afterwards maintained by the Company; and any public or private bridges may at any time be built across said Rail Road: Provided , such bridges shall not obstruct or incommode the use of the said Rail Road. Sec. 6. And be it further enacted , That the Directors for the time being shall have power to employ managers and laborers, and appoint such officers as may be necessary for executing the business of the Company, and to allow them reasonable compensation for their services, and shall be capable of exercising all such other powers and authorities for the well governing and ordering the affairs of the said Company, as to them shall seem fit for the interest of said Company. Sec. 7. And be it further enacted , That the said Rail Road, and the appurtenances of the same, shall not be subjected to be taxed higher than one half per cent. upon its annual net income. Sec. 8. And be it further enacted , That any person injuring the property of the said Company, or who shall throw earth, stones, trees, rubbish, logs, or any other matter or thing

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whatsoever, upon the said Rail Road, or its appurtenances, shall be punished by an indictment as for a misdemeanor, and on conviction may be fined and imprisoned at the discretion of the Court; and shall also be liable for such damages as may be occasioned thereby, to be recovered by action, at the suit of said Company, or of any person aggrieved, in any Court having jurisdiction in such cases. Sec. 9. And be it further enacted , That the said Company shall be entitled to the exclusive use of the said Rail Road with their cars, or other modes of conveyance; and if the said Company shall permit or suffer others to use the same, the said Company shall be entitled and empowered to receive and collect tolls on all vehicles of whatever character or denomination, and all other things which by the regulation of the said Company shall or may be allowed to pass on said Rail Road; and that for the collection of tolls, the said Company, or their proper officers, may stop and detain all vehicles, or produce, or merchandize, using the said Rail Road, until the owners or carriers thereof shall pay the toll which shall be fixed by the said Company. Sec. 10. And be it further enacted , That it shall not be lawful for any other Rail Road to be built or constructed in any way or manner, or by any authority whatsoever, connecting the town of Louisville with the said Central Rail Road, at any point or place, unless by the said Company, or with the consent of the Board of Directors thereof, for the time being. Sec. 11. And be it further enacted , That the corporation of the town of Louisville, shall be and they are hereby authorized to open books for subscription for the stock of the said Company at such times and in such places as the said corporation shall determine, and to require the payment in the first instance of such sum per share on subscription as that corporation shall determine. Sec. 12. And be it further enacted , That it shall be the duty of the said corporation, as soon as the sum of five hundred shares shall have been taken and paid for, or such part as the said corporation shall require, to cause to be elected by the stockholders, in the manner hereafter pointed out, from among the stockholders, seven Directors, who shall hold their seats until the first Monday in January thereafter; the Directors at their first meeting after such election, shall choose one of their number as President who shall hold his office for one year and may receive such compensation as the Directors shall deem reasonable; in case of his death, resignation, removal from the State, or other vacancy, the Board of Directors shall fill his place for the balance of the time by another election. Sec. 13. And be it further enacted , That a majority of the Directors shall constitute a board for the transaction of business,

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of whom the President shall always be one, save in case of sickness or necessary absence, in which case his place may be supplied by any Director appointed by the President. The said Board of Directors may call for further instalments on each share, when necessary for the interests of the Company, not to exceed one hundred dollars on each share in the whole, giving at least sixty days notice in some one of the public gazettes of this State, of such call, and any and all stockholders failing to pay any instalments so called for, for ten days after the time designated by such call, shall for ever forfeit his stock in the said Company, and all payments which he may have made theretofore, and the stock so forfeited, shall vest in and become the property of the said Company, to be disposed of as the Board of Directors thereof shall determine. Sec. 14. And be it further enacted , That the number of votes of each stockholder shall be according to the number of shares he shall hold, each share to be entitled to one vote; and in all cases the stockholders shall be allowed to vote in person or by proxy: Provided , That after the first election no share or shares shall confer a right of suffrage, which shall not have been holden for three calendar months previous to the day of election; and the transfer on the books of the Company shall be the only evidence of such holding. Sec. 15. And be it further enacted , That certificates of stock shall be issued to the stockholders on the payment of the sum required at the time of subscription, which shall be transferable on the books of the Company, only, and by personal entry of the stockholder, his legal attorney, or representative only, authorized for that purpose. Sec. 16. And be it further enacted , That the Directors shall keep fair and regular entries of their proceedings in a book provided for that purpose, and on every question, when any one Director shall require it, the yeas and nays of the Directors voting shall be duly entered on the minutes, and those minutes shall at all times on demand, be produced to the stockholders, when at a meeting thereof they shall be required. Sec. 17. And be it further enacted , That any number of stockholders, who together shall be proprietors of two hundred and fifty shares, shall have the power at any time to call a meeting of the stockholders of said Company for purposes relating to the interest of said Company; and of all meetings of stockholders sixty days previous notice shall be given in one of the public newspapers of this State, specifying therein the object of the meeting. Sec. 18. And be it further enacted , That the office of the said Company shall be located at Louisville, and that at all elections or meetings the stockholders shall vote and be represented by proxies or a proxy

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Sec. 19. And be it further enacted , That the said Company shall have full power and authority to carry such Rail Road over and across any river, creeks, waters or water courses, that may be in the route thereof, by any suitable bridges or other proper means: Provided , the same shall not be so constructed as to impede the navigation thereof. Sec. 20. And be it further enacted , That the Rail Road authorized by this act, shall be commenced within two years after the passage of this act, and shall be finished within four years after the time aforesaid; and on failure thereof, the charter hereby granted shall be forfeited. Sec. 21. And be it further enacted , That the exclusive right granted by this act, to the Louisville Rail Road Company, shall be and continue for and during the term of thirty years, to be computed from the time fixed by this act for the completion of the works authorized by said act; and after the expiration of the said thirty years, the Legislature may authorize the construction of other Rail Roads between the said places: Provided nevertheless , the said Louisville Rail Road Company shall, after the lapse of said thirty years, be and remain incorporate and vested as to their own works, with all the estates, rights, powers and privileges, by this act granted and secured, except the exclusive right aforesaid; but the Legislature may renew and extend that exclusive right, upon such terms as may be prescribed by law, and be accepted by the said incorporated Company. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To incorporate the Augusta and Waynesboro' Rail Road. 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 J. Lawson, Augustus A. Anderson, Ignatius P. Garvin, Mulford Marsh, James Whiteheal, and John C. Poythress, of the county of Burke, Gazaway B. Lamar, Joseph Washburn, and Edward Paddleford, of Chatham county, Amory Sibley, John McKinne, and Hays Bowdree, of Richmond county, and William Dearing, and Asbury Hull, of the county of Clarke, and their associates, successors, and assigns, shall be a body

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corporate, with perpetual succession, by the name and style of the Augusta and Waynesboro' Rail Road; and by said corporate name, shall be, and they are hereby made able and capable in law and equity, to have, purchase, receive, enjoy, hold, and retain to them, and their successors, all lands, rents, tenements, hereditaments, goods, chattels, and effects, of whatsoever kind, nature, or quality, the same may be sufficient for the construction of said Rail Road, and such ware houses, offices, and places of deposit as may be necessary for the use of said Company, and the same to sell, grant, devise, alien or dispose of; to sue, and be sued, plead, and be impleaded, answer, and be answered unto, defend, and be defended in any Court of Record; and also to make, have, and use a common seal, and the same to break, alter, or renew at their pleasure; and also, by and through a board of directors, to ordain, establish, and put in execution all such by-laws, rules, and regulations as shall be necessary and convenient for the governing of said corporation, as to them may, or shall appertain: Provided , that such by-laws, rules, and regulations shall not be contrary to the laws and Constitution of the United States, or of this State; and that said persons aforenamed, shall form and constitute a board of Commissioners, to continue as such until a board of directors shall be elected, as hereinafter provided. Sec. 2. And be it further enacted by the authority aforesaid , That the capital stock of said company shall consist of Fifteen Hundred Thousand Dollars, which may be increased from time to time, whenever the board of directors may think necessary, to an amount not exceeding Three Millions of Dollars; said stock shall consist of shares of one hundred dollars each; and it is also enacted, that the board of directors, for the time being, shall be authorized to prescribe the terms and conditions of subscriptions for such additional stock, as may be from time to time required. Sec. 3. And be it further enacted by the authority aforesaid , That for the original capital of fifteen hundred thousand dollars, books of subscription shall be opened in such places, and under such commissioners as the board of commissioners aforesaid may appoint, and a majority shall form a board for the transaction of business; the books of subscription shall be opened at each of the places appointed, on the first Monday in March next, and a majority of the commissioners at each place, shall be competent to do all acts incident to their office; and if any of the commissioners so appointed shall decline to act, their vacancies may be filled by the board of commissioners. Thirty days notice of the time and places of opening the books of subscription, shall be given in one of the Gazettes of Augusta, Savannah, Athens, and Milledgeville. Upon the books of subscription being opened as aforesaid, the commissioners shall receive from individuals, companies, and corporations, subscriptions for any number of shares;

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there shall be paid to said commissioners, at the time of subscribing, fifteen dollars on each and every share subscribed, for which the commissioners shall give a certificate, setting forth the number of shares taken by each individual, company, or corporation, and the amount paid per share thereon, and no share shall be subscribed for without the amount aforesaid be paid thereon. Sec. 4. And be it further enacted by the authority aforesaid , That the books shall be kept open for said subscription, at each of the appointed places, for the space of four days, and being closed, on the last day, each of the sets of commissioners shall transmit their subscription books, certified and signed, to the board of commissioners, and pay over to said board the sums of money received for subscriptions, which said sums shall be, by the board of commissioners, deposited in one or more of the Banks in the city of Augusta; the said board of commissioners shall, immediately thereafter, make out a list of all the subscribers, the number of shares taken by each, and the sum paid thereon; and if the sum of six hundred thousand dollars shall be subscribed, the said company may immediately go into operation; and in case the said sum of six hundred thousand dollars should not be subscribed when the books are closed, then the said board of commissioners are authorized to adopt such measures as they may deem best, to dispose of the balance of said stock, and to dispose of the same accordingly. Sec. 5. And be it further enacted by the authority aforesaid , That for the organization of the company, the said board of commissioners, immediately after the sum of six hundred thousand dollars of stock are subscribed, shall appoint some suitable place in the city of Augusta, for the meeting of the stockholders, giving at least thirty days notice in one of the Gazettes of the city of Augusta, Savannah, Athens, and Milledgeville, at which meeting, the stockholders, either in person, or by proxy, under the seal of the absent stockholders, attested by a Judge of the Superior Court, Justice of the Inferior Court, Justice of the Peace, or Notary Public, shall proceed, under the direction of the board of commissioners, to elect by ballot, nine directors to manage the affairs of the company until the first Monday in January next thereafter; and the same number of directors shall be elected annually thereafter, on the first Monday of January. And in case such election shall not take place, the directors in office shall hold their office until an election shall take place, which may, for the purpose aforesaid, in case of said failure, be held as the said company may by rule establish. In said election, and in every election by the stockholders, the following shall be the rules of voting:1st. For one share, one vote; for two shares, and not exceeding five, two votes; and for every five shares above five, one vote: Provided , that no person, or body politic shall be entitled in his, her, or their own right,

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to more than thirty votes; and no share shall confer the right of suffrage, unless it shall have been holden according to the rules of the company, at least thirty days previous to the election. Sec. 6. And be it further enacted by the authority aforesaid , That the board of directors shall, at their first meeting, and annually thereafter, at their first meeting after the election for directors, select by ballot, one of their own number for President, a majority of votes shall be necessary to elect; and in case of vacancies by death, resignation, or permanent removal from the State, or from the board of directors, the said directors shall proceed in like manner, to fill the vacancy by a new election for the remainder of the term for which he shall have been elected; and the President shall check for the money deposited in Banks by the commissioners, whether in one or more Banks. Sec. 7. And be it further enacted by the authority aforesaid , That none but a stockholder in his own right of at least ten shares, and being a resident of this State, and not being a director of any other Rail Road Company, shall be eligible as a director; and if at any time after being elected, any of the directors shall, during the time for which he was chosen, cease to be a stockholder for that number of shares, or cease to be a resident of this State, his seat shall therefrom become vacated. Not less than five directors shall form a board for the transaction of business, of whom the President shall always be one, except in case of sickness or necessary absence, in which case his seat shall be filled by any director present. Sec. 8. And be it further enacted by the authority aforesaid , That the said corporation shall be, and they are hereby authorized and empowered to make, construct, and forever maintain a Rail Road, for the transportation of merchandize, produce, lumber, and freight of all kinds, and passengers, of suitable width, depth, and dimensions, in the most cheap, practicable, and proper course, from the city of Augusta to Waynesboro', and thence to some suitable and proper point of junction with the Central Rail Road, paying to owners of lands through which the same may pass, a just indemnity for the value of the land covered by the Rail Road, and for three hundred feet on each side of the same, or so much of that quantity as said corporation may require for the procurement therefrom of timber, earth, stones, and other materials, and for the construction thereon of toll houses, ware houses, depots, wells, cisterns, pumps, and other necessary buildings, works, and purposes; and whenever any person shall own land on both sides of the Rail Road, at any point, the company shall be bound to suffer such person to construct for his own convenience, such bridge across the Rail Road as may not obstruct the passage, or free travel along the said Rail Road, but not person shall be at liberty to cross said Rail Road, except by such bridge, without the express permission of said corporation.

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Sec. 9. And be it further enacted by the authority aforesaid , That when said corporation and the owner of land through which the said Rail Road may pass, cannot agree as to the indemnity for the right of way, and the land necessary, then in that case the same shall be assessed in the manner and form pointed out in the fifteenth section of the act, entitled an act to amend an act entitled an act to incorporate the Central Rail Road and Canal Company of Georgia, to alter and change the name of said company, and to give to said company Banking powers and privileges, and that said fifteenth section constitute a part of this act, with all the provisions thereof. Sec. 10. And be it further enacted by the authority aforesaid , That whenever said Rail Road shall intersect any public road, the said corporation shall be bound to build a substantial bridge, or other means of crossing, to be afterwards kept up by said corporation, and any private or public bridge may at any time be built across said Rail Road: Provided , the same shall not obstruct, or in any way incommode the use of said Rail Road, or subject said corporation to any damage or expense. Sec. 11. And be it further enacted by the authority aforesaid , That the directors for the time being, shall have power to employ artists, managers, and laborers, and to appoint such officers and agents, as shall be necessary for the execution of the business of the company, and to allow them a reasonable compensation for their services, and shall be capable of exercising all such other powers as to them shall seem necessary for the well-governing and ordering the affairs of the company, and the interest of the same, and to sell and dispose of all unsold stock, or of any stock that may belong to said company, in such manner, and on such terms as to them may seem fit and proper. Sec. 12. And be it further enacted by the authority aforesaid , That the board of directors shall have power to call in such other and further instalments on the capital stock subscribed, as they may think proper, and the failure of any stockholder to pay any instalment so called in, within the time appointed for the payment thereof, shall operate as a forfeiture of the share or shares, on which said failure to pay shall have been incurred, which share or shares so forfeited, and all the payments thereon before made, shall accrue to the benefit of said corporation, to be disposed of as the directors shall order: Provided , that thirty days previous notice shall be given of such call, in one of the Gazettes of Augusta, Savannah, Athens, and Milledgeville, and that not more than ten dollars per share be called in, within any three months, and no call shall be made to take place between the first day of July, and the first day of November, in every year. Sec. 13. And be it further enacted by the authority aforesaid , That the said Rail Road, and the property of said company, shall not be subject to be taxed higher than one-half of one per

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centum, on its annual income; and no city or town corporation shall have power to tax the stock of said company, but may tax any property, real or personal, of said company, within the jurisdiction of said city or town, in the same ratio of taxation of like property. Sec. 14. And be it further enacted by the authority aforesaid , That any person or persons injuring the property of said company in any way, or who shall wilfully throw earth, stones, logs, rubbish, or any other matter or thing whatsoever, upon the Rail Road, or its appurtenances, shall be guilty of a misdemeanor, and on conviction, shall be fined or imprisoned, or both, at the discretion of the Court, and shall also be liable for any damage occasioned thereby, to the said company, or any person greived thereby, to be recovered in any Court having jurisdiction thereof: and for the second offence, be imprisoned in the Penitentiary for a time not less than one, nor more than four years, if a white person; and if a slave, or free person of color, to be punished at the discretion of the court, by whipping, branding, or banishment from the State, for the first offence, and for the second offence, by death, or such other punishment as the Court may think best calculated to prevent like offences. Sec. 15. And be it further enacted by the authority aforesaid , That said company shall have full power and authority to carry said Rail Road over and across all water courses that may be in the route thereof, by any suitable bridge, or other means: that said Rail Road shall be commenced in three years, and finished in ten years from the passage of this act, and no other Rail Road shall be made, to run from the city of Augusta, in the same direction, within twenty miles of this road, without the assent of said company. Sec. 16. And be it further enacted by the authority aforesaid , That said company shall at all times have the exclusive use of the said Rail Road, for the transportation or conveyance of merchandize, goods, wares, and freight of every kind, and passengers, over the said Rail Road, so long as they see fit to use this exclusive privilege, and said company shall be authorized to charge the same rates for freight or passage as are allowed in the charter of the Georgia Rail Road and Banking Company: Provided always , that said company may, when they see fit, rent or farm out all or any part of their exclusive right of transportation of freight, or conveyance of passengers, with the privilege, to any individual or individuals, or other company, and for such term as may be agreed upon. And the said company, in the exercise of their right of carriage or transportation of freight, or passengers, or the persons, or company so renting from said company, the right of transportation or conveyance shall, so far as they act on the same, be regarded as common carriers; and it shall be lawful for said company to use or employ any portion of said Rail Road, for the purposes of carriage or transportation of freight, or passengers,

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before the whole is finished, and the said company shall be authorized to receive at their store, or ware houses, which they may establish on, or annex to, said Rail Road, all goods, wares, merchandize, and produce of every kind, intended for conveyance or transportation, under such rules and regulations as they may adopt, and charge such reasonable compensation therefor, as they may by rules establish, (which rules they shall publish,) or as may be agreed upon by the owners, and the company, said compensation to be distinct from the rates of transportation. It shall be lawful for said company to detain and keep in their possession, any and all goods, wares, merchandize, and produce, transported or conveyed by them, until all the legal rates and charges are paid, and also the baggage of passengers, until the price of passage be paid. Sec. 17. And be it further enacted by the authority aforesaid , That certificates of stock shall be issued to stockholders, which shall be transferable on the books of the company, only by the owner in person, or by his legal attorney, or representative, authorized only for that purpose; and the directors shall keep fair and regular entries of their proceedings, in a book provided for that purpose; and on every question, the yeas and nays shall be recorded, when required by one director, and those minutes shall at times be produced at a meeting of the stockholders, if required, and any number of stockholders, who together shall be proprietors of one-fifth of the capital stock, shall have power at any time to call a meeting of the stockholders of said company: Provided , thirty days notice thereof be given in the papers of Augusta, Savannah, Athens and Milledgeville, specifying the object of such meeting. Sec. 18. And be it further enacted by the authority aforesaid , That the said company shall be authorized to contract and agree with the Central Rail Road and Banking Company, as to the union of the said Rail Road with the Central Rail Road, and for all other purposes relative to the interest of said company, and are authorized to purchase and hold, in the city of Savannah, such quantity of real estate as will enable said company to construct a Rail Road, or way, from the Central Rail Road at Savannah, to a suitable place for a depot, and also for all necessary buildings of offices, store and ware houses, and other necessary buildings, and yard room. Sec. 19. And be it further enacted by the authority aforesaid , That this act shall be taken, held, and deemed a public act, and be taken notice of as such, by the Courts of this State. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor Assented to, 31st December, 1838.

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AN ACT, To incorporate a Rail Road Company, to be called the Talbotton Rail Road Company, for the purpose of constructing a Rail Road communication from the city of Macon to Talbotton, in Talbot county, and thence to Columbus, or such other point on the Chattahoochee river as said Company may designate; also a Company for the construction of a Rail Road communication between the Flint and Ocmulgee Rivers, on or near the dividing line of Houston and Dooly 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 for the purpose of constructing, keeping, and using, a Rail Road, from the city of Macon to Talbotton, in Talbot county, and thence to Columbus, or to such other point on the Chattahoochee river as the Company may designate; the subscribers for the capital stock hereinafter mentioned, and their associates, successors and assigns, shall be a body corporate, with perpetual succession, by the name and style of the Talbotton Rail Road Company, and by said corporate name shall be, and they are hereby made able and capable in Law and Equity, to have, purchase, receive and convey, hold, and retain, to them and their successors, all lands, tenements, hereditaments, goods, chattels, and effects of whatsoever kind, nature, or quality the same may be, sufficient for the construction of said Rail Road and such warehouses, offices, and places of Deposite, as may be necessary for the use of said Company; and the same to sell, grant, demise, alien or dispose of, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in any court of Record; and also to make, have, and use, a common seal, and the same to break, alter or renew, at their pleasure; and also by and through a Board of Directors, to ordain, establish and put in execution, all such by-laws, rules, and regulations, as shall be necessary and convenient for the governing of said corporation, as to them may or shall appertain: Provided , That such by-laws, rules and regulations shall not be contrary to the laws and Constitution of the United States or of this State. Sec. 2. And be it further enacted by the authority aforesaid , That the capital stock of said Company shall consist of twelve hundred thousand dollars, which may be increased from time to time whenever the Board of Directors may think necessary, to an amount not exceeding thirty hundred thousand dollars; said stock shall consist of shares of one hundred dollars each. And be it also enacted , That the Board of Directors for the time being, shall be authorized to prescribe the terms and conditions of subscriptions of such additional stock as may be from time to time required.

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Sec. 3. And be it further enacted by the authority aforesaid , That for the original capital of twelve hundred thousand dollars, books of subscription shall be opened in such places, and under such commissioners, as is hereinafter provided, and a majority shall form a Board for the transaction of business; the books of subscription shall be opened at each of the places appointed, on the first Monday in March next, and a majority of the commissioners at each place, shall be competent to do all acts incident to their office; and if any of the commissioners hereinafter appointed, shall decline, their vacancy may be filled by the commissioners appointed at said place, for which said commissioner, so declining, was appointed; thirty days notice of the time and place of opening the books of subscription, shall be given in the public Gazettes, in the cities of Macon and Columbus; upon the books of subscription being opened as aforesaid, the commissioners hereinafter to be appointed, shall receive from individuals, companies, and corporations, subscriptions for any number of shares; there shall be paid to the said commissioners at the time of subscribing, the sum of fifteen dollars on each and every share subscribed, for which the commissioners shall give a certificate setting forth the number of shares taken by each individual, company, or corporation, and the amount paid per share thereon; and no share shall be subscribed for without the amount aforesaid be paid thereon. Sec. 4. And be it further enacted by the authority aforesaid , That Barnard Hill, William G. Little, Jesse Carter, Daniel C. Mound, William Stallings, John Neal, and Robert Fleming, of Talbot county; and John Lamar, Jr., Lewis A. Bond, Lewis L. Griffin, William Solomons, and Elias Beall, of the county of Bibb; and Grigsby E. Thomas, Joseph Sturgis, Wm. P. McKeen, Philip T. Schley, and Charles L. Bass, of the county of Muscogee; and Wm. A. Carr, Hiram Troutman, Jeremiah Harvey, and Joseph Bradford, for the county of Crawford, be and they are hereby, appointed commissioners to carry the provisions of this act into effect, and they, or a majority of them, are hereby authorized to open books of subscription at each of the above counties, where they may reside respectively. Sec. 5. And be it further enacted by the authority aforesaid , That the books shall be kept open for said subscription, at each of the places appointed, for the space of four days, and being closed on the last; each of the sets of commissioners in the counties of Bibb, Muscogee, and Crawford, shall transmit, their subscription books, certified and signed, to the set of commissioners appointed for the county of Talbot, and shall pay over to said set of commissioners the sums of money received by subscription, which said sums shall be by said set of commissioners, deposited in one or more of the Banks at Columbus or Macon. The said set of commissioners (for

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the county of Talbot.) shall immediately thereafter make out a list of the subscribers, the number of shares, taken by each, and the sum paid thereon; and if the sum of four hundred thousand dollars shall have been subscribed, the said Company may immediately go into operation; and in case the sum of four hundred thousand dollars should not have been subscribed when the books are closed, then the said board of commissioners are authorized to adopt such measures as they may deem best to dispose of the balance of said stock, and to dispose of the same accordingly. Sec. 6. And be it further enacted by the authority aforesaid , That for the organization of the Company, the said board of commissioners, immediately after the sum of four hundred thousand dollars of stock shall be subscribed, shall appoint some suitable place in the town of Talbotton, for the meeting of the stockholders, giving at least thirty days notice in the public Gazettes of Macon and Columbus, at which meeting the stockholders, either in person or by proxy, under the seal of the absent stockholders, attested by a Judge of the Superior Court, Justice of the Inferior Court, Justice of the Peace, or Notary Public, shall proceed under the direction of the board or set of commissioners for the county of Talbot, to elect by ballot, nine directors, to manage the affairs of the Company until the first Monday in January next thereafter; and the same number of Directors shall be elected annually thereafter on the first Monday in January; and in case said election shall not take place, the Directors in office shall hold their office until an election shall take place, which may for the purpose aforesaid, in case of said failure, be held as said Company may by rule establish; in said election, and in every election by the stockholders, the following shall be the rules of voting: For one share, one vote; for two shares and not exceeding five shares, two votes; and for every five shares above five, one vote: Provided , That no person or body politic shall be entitled in his or their own right to more than thirty votes, and no share shall confer the right of suffrage unless it shall have been holden according to the rules of the Company, at least thirty days previous to the election. Sec. 7. And be it further enacted by the authority aforesaid , That the Board of Directors shall at their first meeting, and annually thereafter, at their first meeting after their election for Directors, select by ballot one of their own number for President; a majority of votes shall be necessary to elect, and in case of vacancies, by death, resignation, or permanent removal from the State, or from the Board of Directors, the said Directors shall proceed in like manner to fill the vacancy by a new election, for the remainder of the term for which he shall have been elected; and the President shall check for the money deposited in Bank by the commissioners, whether in one or more Banks.

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Sec. 8. And be it further enacted by the authority aforesaid , That none but a stockholder, in his own right of at least ten shares, and being a resident of this State, and not being a Director in any other Rail Road Company, shall be eligible as a Director; and if at any time after being elected, any of the Directors shall during the time for which he was chosen, cease to be a stockholder for that number of shares, or cease to be a resident of this State, his seat shall therefrom be vacated; not less than five Directors shall form a Board for the transaction of business; of them the President shall always be one, except in case of sickness or necessary absence, in which case his seat may be filled by any Director present. Sec. 9. And be it further enacted by the authority aforesaid , That the said corporation shall be, and they are hereby authorized and empowered, to make, construct, and forever maintain a Rail Road, for the transportation of merchandize, produce, lumber, and freight of all kinds, and passengers, of suitable width, depth, and dimensions, in the most cheap, proper, and practicable course, from the town of Talbotton to the city of Macon, and from the town of Talbotton to the city of Columbus, or to such other point of the Chattahoochee river as said Company may designate, whenever the Directors of said Company may think it expedient, paying to owners of land through which the said Road may pass, a just mdemnity for the value of the lands through which said Road or Roads may pass, covered by said Road, and for three hundred feet on each side of said Road, or so much of that quantity, as said corporation may require, for the procurement therefrom of timber, earth, stones, and other materials, and for the constructions thereon of ware-houses, toll-houses, depots, wells, cisterns, pumps, and all other necessary buildings, works and purposes; and when any person shall own lands on both sides of the Rail Road, at any point, the Company shall be bound to suffer such person to construct for his own convenience, such bridge across the Rail Road, as may not obstruct the passage or free travel along the said Rail Road; but no person shall be at liberty to cross said Rail Road except by such bridge, without the express permission of said corporation. Sec. 10. And be it further enacted by the authority aforesaid , That when said corporation and the owner of land through which said Rail Road may pass, cannot agree as to the indemnity for the right of way and the land necessary; in that case the same shall be assessed in the manner and from pointed out in the fifteenth section of an act entitled An act to amend an act entitled an act to incorporate the Central Rail Road and Canal Company, of Georgia, to alter and change the name of said Company, and to give the said Company Banking powers and privileges, and that said fifteenth section constitute a part of this act, with all the provisions thereof.

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Sec. 11. And be it further enacted by the authority aforesaid , That whenever said Rail Road shall intersect any public road, the said corporation shall be bound to build a substantial bridge, or other means of crossing, to be afterwards kept up by said corporation; and any private or public bridge may at any time be built across said Rail Road: Provided , the same shall not obstruct, or in any way incommode the use of said Rail Road, or subject said corporation to any damage or expense. Sec. 12. And be it further enacted by the authority aforesaid , That the said Directors for the time being, shall have power to employ artists, managers, and laborers, and to appoint such officers and agents as shall be necessary for the execution of the business of the Company, and to allow them a reasonable compensation for their services, and shall be capable of exercising all such other powers as to them shall seem necessary for the well governing and ordering of the affairs of the Company, and the interest of the same, and to sell and dispose of all unsold stock, or of any stock that may belong to said Company, in such manner and on such terms as to them may seem fit and proper. Sec. 13. And be it further enacted by the authority aforesaid , That the Board of Directors shall have power to call in such other and further instalments, on the capital stock, as they may think proper; and the failure of any stockholder to pay any instalment so called in, within the time appointed for the payment thereof, shall operate as a forfeiture of such share or shares, on which such failure to pay shall have been incurred, which share or shares so forfeited, and all the payments thereon before made, shall accrue to the benefit of said corporation, to be disposed of as the Directors shall order: Provided , That thirty days previous notice shall be given of such call in one of the Gazettes of Macon and Columbus, and that not more than ten Dollars per share shall be called in within any three months; and no call shall be made to take place between the first day of July and the first day of November, in any year. Sec. 14. And be it further enacted by the authority aforesaid , That the said Rail Road, and the property of said Company, shall not be subject to be taxed higher than one fourth of one per centum on its annual income; and no city or town corporation, shall have power to tax the stock of said Company, but may tax any property, real or personal of said Company, within the jurisdiction of said city or town, in the same ratio of taxation of like property. Sec. 15. And be it further enacted by the authority aforesaid , That any person or persons injuring the property of said Company in any way, or who shall wilfully throw earth, stones, logs, or rubbish, or any other matter or things whatsoever, upon the Rail Road or its appurtenances, shall be guilty of a

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misdemeanor, and on conviction thereof shall be fined and imprisoned, both, at the discretion of the Court, and shall also be liable for any damage occasioned thereby to the said Company, or any person aggrieved thereby, to be recovered in any Court having jurisdiction thereof; and for the second offence, be imprisoned in the Penitentiary for a term not less than one nor more than five years, if a white person, and if a slave or free person of color, to be punished at the discretion of the Court, by whipping, branding, or banishment from the State, for the first offence, and for the second offence, by death, or by such other punishment as the Court may think best calculated to prevent like offences. Sec. 16. And be it further enacted by the authority aforesaid , That said Company shall have full power and authority to carry said Rail Road over and across all water courses that may be in the route thereof, by any suitable bridge, or other means, that said Rail Road shall be commenced in three years and finished in ten years after the passage of this act; and no other Rail Road charter shall hereafter be made to run from the town of Talbotton to the city of Macon, or to the city of Columbus, in the same direction within twenty miles of this Road without the consent of said Company. Sec. 17. And be it further enacted by the authority aforesaid , That the said Company shall at all times have the exclusive use of said Rail Road, for the transportation and conveyance of merchandize, goods, wares, and freight of every kind, and passengers, over the said Rail Road, so long as they see fit to use this exclusive privilege; and said Company shall be authorized to charge the same rates for freight or passage, as are allowed in the charter of the Georgia Rail Road and Banking Company: Provided always , That said Company may, when they see fit, rent or farm out all or any part of their exclusive right of transportation of freight, or conveyance of passengers, with the privilege to any individual or individuals, or other Company, and for such terms as may be agred upon; and the said Company, in the exercise of their right of carriage or transportation of freight or passengers, or the persons or Company, so renting from said Company the right of transportation or conveyance, shall so far as they act on the same, be regarded as common carriers; and it shall be lawful for said Company to use or employ and portion of said Rail Road before the whole is finished; and the said Company shall be authorized to receive at their stores or warehouses which they may establish on, or annex to, said Rail Road, all goods, wares, merchandize, and produce, of every kind, intended for conveyance or transportation, under such rules as they may adopt, and charge such reasonable compensation therefor as they may by rules establish, which rules they shall publish, or as may be agreed upon by the owners and the Company, such

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compensation to be distinct from the rates of transportation; it shall be lawful for said Company to detain and keep in their possession, any and all goods, wares, merchandize, and produce, transported or conveyed by them, until all the legal rates and charges are paid; and also the baggage of passengers, till the price of passage is paid. Sec. 18. And be it further enacted by the authority aforesaid , That certificates of stock shall be issued to stockholders, which shall be transferable on the books of the Company, only by the owner in person or by his legal attorney or representative, authorized only for that purpose; and the Directors shall keep fair and regular entries of their proceedings, in a book provided for that purpose, and on every question the yeas and nays shall be recorded, when required by one Director, and those meetings shall at all times be produced at a meeting of the stockholders, if required; and any number of stockholders, who, together, shall be proprietors of one fifth of the capital stock, shall have power at any time to call a meeting of the stockholders of said Company: Provided , thirty days notice thereof shall be given in the public Gazettes of Macon and Columbus, specifying the object of said meeting. Sec. 19. And be it further enacted , That for the purpose of encouraging the construction and opening of a Rail Road communication between the Flint and Ocmulgee rivers, on or near the original dividing lines of Houston and Dooly counties, David Jones, John S. Thomas, Miles R. Hammon, James M. Kelley, Martin Jenkins, William Smith, James Powell, Garnett W. Hunt, Robert Greer, Sparkman Bowen, and Jeremiah Lampkin, and their associates, successors and assigns, be, and they are hereby created, a corporate body politic, by the name and style of the Flint and Ocmulgee Rail Road Company, and by said corporate name and style shall be capable in law to purchase, accept, hold, and sell and convey, real and personal estate, make contracts, sue and be sued, to make by-laws, and to do all lawful acts properly incident and connected with the object of the said corporation, and necessary for the government and transaction of its business and the construction of the said Rail Road; and to make and use a common seal, and the same to alter and destroy at their pleasure: Provided , that their by-laws be not repugnant to the laws and Constitution of this State. Sec. 20. And be it further enacted , That the capital stock of the said Company shall be three hundred thousand dollars, divided into shares of one hundred dollars each, but may be increased one third should it be found necessary to complete the said Rail Road with all its appurtenances, and the Board of Directors shall prescribe the mode and conditions of the subscription for such additional stock should it be required.

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Sec. 21. And be it further enacted , That it shall and may be lawful for the said persons herein before named, or a majority of them, and they are hereby authorized and empowered to create the original stock of three hundred thousand dollars, or so much thereof as may be necessary to establish the aforesaid Company, upon the subscriptions of one hundred and fifty 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 prescribe such mode for the obtainment of the other one hundred and fifty thousand dollars of stock as they may deem best; and upon all subscriptions of the stock of said Company, the subscribers shall pay five per cent. upon each share, at the time of subscribing. Sec. 22. And be it further enacted , That immediately upon the subscription of the said one hundred and fifty thousand dollars aforesaid, the said Company shall be organized, and the persons heretofore named shall give thirty days notice in two of the public Gazettes of Macon, for an election of seven Directors, which shall be held at Bristol, on Flint River; each share shall be entitled to one vote; no person shall be eligible as a Director unless be shall hold thirty shares of the stock in his own right, or as Trustee, 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; the said seven Directors shall constitute a Board, one of whom they shall elect as President, and who shall be entitled to vote upon all questions before the same, and who, with the other Directors, shall hold their offices until the first Monday in February succeeding such first election, and annually thereafter on the first Monday in February, the stockholders in said Company shall, either by proxy or in person, elect seven Directors, to serve as aforesaid one year, or until successors be duly elected; in case of death, resignation, or removal from the Board, of the President or any of the Directors, the remaining Directors shall fill such vacancy until the regular election by the stockholders; not less than four Directors shall constitute a Board for the transaction of business, of whom the President shall always be one, except in case of sickness or necessary absence, in which case his place may be supplied by any Director, to be elected President pro tem . by a majority of the Board present; the said Board of Directors shall have power to call in such ratio of per cent. of the subscriptions of stock upon the books of said Company, from time to time as they may deem necessary to meet their arrangements and contracts, for the prompt progress and execution of the work of the said Rail Road, but

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giving notice in one of the public Gazettes of Macon sixty days previous to the time required for each payment of the instalments to be paid in; and in case any stockholder should fail to pay when called on in manner aforesaid, such share or shares shall be declared forfeited to the Company, and the said shares may be again offered for subscription; the Board of Directors, immediately upon their organization, shall appoint a Secretary and Treasurer, of whom they shall take good bond and security for the faithful performance of the duties of his office, and to whom the Board of Directors shall allow such salary, as well as to their President, as they may deem proper; the said Secretary and Treasurer, immediately upon his giving such bond, shall be authorized to receive from the persons herein before first named, all monies by them received for stock, and the same to keep, together with his books and accounts, always subject to the examination of the Board of Directors, and to whose order alone the funds of the Company shall be at all times subject; the said Board of Directors shall have power to make all contracts in their official capacity, which shall be binding the said Company, and to appoint Engineers and agents, and employ as many clerks and laborers, and shall allow to such, as well as to all their officers, such compensation as they may deem necessary and expedient. Sec. 23. And be it further enacted by the authority aforesaid , That the said corporation shall be and they are hereby authorized and empowered to make, construct, and forever maintain, a Rail Road, for the transportation of merchandize, produce, lumber, and freight of all kinds, and passengers, of suitable width, depth, and dimensions, in the most cheap, proper, and practicable course, from the Flint to the Ocmulgee river, not diverging south more than fifteen miles from the original line between Houston and Dooly counties; and after filing in the Executive office of the State, a Chart of their contemplated Rail Road, paying to owners of land through which the same may pass, covered by the said Road, and three hundred feet on each side of said Road, or so much of that quantity as said corporation may require for the procurement therefrom of timber, earth, stones, and other materials, and for the construction thereon, of ware-houses, depots, wells, cisterns, and all other necessary buildings, works, and purposes; and in relation to the disagreement between the owners of lands and said Company, as to the right of way, and as well as to private and public bridges, the same rules and regulations and enactments, shall be applicable to this incorporation, as are contained in the charter of the Central Rail Road and Banking Company. Sec. 24. And be it further enacted , That the same rights and privileges in regard to ungranted land as have been given by an act passed 23d December, 1835, to Thomas Spalding, be and the same are hereby given to this incorporation.

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Sec. 25. And be it further enacted , That the said Rail Road, and the property of said Company, shall not be subject to be taxed higher than one fourth of one per cent. on its annual income. Sec. 26. And be it further enacted , That as to injuries to the property of said Company, by evil disposed persons, the same provisions as have been made for the Central Rail Road and Banking Company, shall be and are they hereby made applicable to this Company. Sec. 27. And be it further enacted , That the said Company shall at all times have the exclusive use of said Rail Road, for the transportation and conveyance of merchandize, goods, wares, and freight of any kind, and passengers, over the said Rail Road, and the said Company shall be authorized to charge such rates for freight or passage, as are allowed to any of the incorporated Rail Road Companies of this State; and it shall be lawful for said Company, and said Company shall be authorized to receive at their store or ware-houses, which they may establish on, or annex to, said Road, all goods, wares, merchandize, and produce, of every kind, intended for conveyance or transportation, under such rules as they may adopt, and charge such reasonable compensation therefor, as they may deem just, and by rule establish, or as may be agreed on by the owners and the Company, said compensation to be distinct from the rates of transportation; it shall also be lawful for said Company, as common carriers, to restrain their liabilites as such: Provided , the same is distinctly asserted in their bills of lading or receipts; they shall also have power to detain and keep in their possession, any and all goods and produce, transported or conveyed by them, until all the legal rates and charges are paid, and also the baggage of passengers, until the price of passage be paid. Sec. 28. And be it further enacted , That this act shall be taken, held, and deemed, a public act, and as such taken notice of by the courts of this State. Sec. 29. And be it further enacted , That the said Company shall not be authorized to issue any notes or bills intended for circulation, as bank notes, or of the form or similitude of bank notes, and shall not be authorized to exercise, in any manner, the privilege of Banking. Sec. 30. And be it further enacted , That the said Company shall commence the said Road within two years, and complete the same within ten years from the date of this act, otherwise the privileges granted hereby shall be forfeited. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 1st January, 1839.

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AN ACT, To incorporate a company to construct a Rail Road from the town of Eatonton, to some point on the Central Rail Road. 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 company is hereby declared to be incorporated, to be known as the Eatonton Rail Road Company, for the purpose of constructing a Rail Road from Eatonton, in the county of Putnam, to the most eligible point on the Central Rail Road; with a capital of Four Hundred Thousand Dollars, to be divided into shares of one hundred dollars each, and that all the powers, rights, and privileges, which are conferred upon the Central Rail Road and Banking Company, shall be conferred on said company: Provided however , that nothing shall be construed to confer upon said company the monopoly of Banking privileges; two years to begin with, and ten years to finish. Sec. 2. And be it further enacted , That books for subscription to said Rail Road shall be so opened at such places, and times, and for such amounts, as the Commissioners of the town of Eatonton, or a majority, shall direct. Sec. 3. And be it further enacted by the authority aforesaid , That nothing contained in this act, shall be construed to constrain the provisions of the charter, to the Central Rail Road and Banking Company: Provided also , that nothing herein contained shall be construed to interfere with the privileges heretofore granted to the Milledgeville Rail Road Company. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 1st January, 1838. AN ACT, To appropriate a portion of the Extension Stock of the Monroe Rail Road and Banking Company, above Forsyth, to that portion of the Road below. Whereas, the chartered capital of said company, from Macon to Forsyth, in six hundred thousand dollars, one-half for the construction of the Road, and the other half for Banking purposes: And whereas the whole of said capital stock has

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been paid in, and that portion set apart for the Road appropriated, and found insufficient; And whereas, for the completion of said Road, and its appurtenance, one hundred and seventy thousand dollars has been provided by the stockholders, for the purpose of covering said excess of cost: 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 President and Directors of the Monroe Rail Road and Banking Company, shall, after giving twenty days notice in the Macon Gazettes, open books for subscription in Macon, to be kept open three days, the sale of thirty four hundred shares of the extension stock, above Forsyth, one-half for the Road, the other half for Banking purposes; one hundred dollars per share to be paid on subscribing; after the expiration of three days, the books to be closed, after which the said board shall be authorized to offer said stock at any other place they may think proper; and when sold, said stockholders shall be on a footing, in every respect, with present stockholders, from Macon to Forsyth. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. AN ACT, To incorporate The Washington Rail Road and Banking Company, with powers to construct a Rail Road, from the Georgia Rail Road, beginning at some convenient point in Taliaferro or Warren counties, to the town of Washington, in Wilkes county; to punish those who wilfully injure the same; to confer all corporate powers necessary to effect said objects. 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 laying, building, and making, a Rail Road communication from the town of Washington, in Wilkes county, to the Georgia Rail Road. at some convenient point on said last mentioned Road, either in the counties of Warren or Taliaferro, that Alexander Pope, Garnett Andrews, Adam L. Alexander, Charles L. Bolton, Samuel Barnett, John F. Pelot, Mark A. Love, Aaron A. Cleveland, James M. Smith, William H. Dyson, Edwin M. Burton, Joseph W. Robinson, and

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James Alexander, and such other persons as shall be associated with them and their assigns, shall be, and they are hereby made a body corporate, by the name and style of the Washington Rail Road Company, and by said corporate name shall be, and are hereby made capable and able in law, to have, purchase, receive, possess, enjoy, and retain, to them and their successors, lands, rents, tenements, hereditaments, goods, chattels, and effects, of whatsoever kind, nature, or quality the same may be, and the same to sell, grant, demise, alien, or dispose of; to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in Courts of Record; and also to make and have a common seal, and the same to break, alter or renew, at their pleasure; and also by and through their board of Directors, to ordain, establish, and put in execution, such by-laws, rules and regulations as shall be necessary and convenient for the governing of said corporation, and as to them may seem proper: Provided , that such by-laws, rules and regulations, shall not be contrary to the laws and Constitution of this State, or of the United States, nor to the rules, regulations, restrictions, and limitations herein prescribed. Sec. 2. And be it further enacted , That the stock of said Company shall consist of five hundred thousand dollars, in shares of one hundred dollars each, and that the Company be formed upon that capital. Sec. 3. And be further enacted , That books of subscription to the stock of said Company shall be opened at such time and places as shall be appointed by the corporators herein before mentioned, or a majority of them, and shall remain open at each place for the space of two days, giving at least thirty days notice in the Gazettes of Washington; and upon the opening of such books, the commissioners who shall be appointed, shall require from those who subscribe for stock in the said Company, the sum of ten dollars on each share subscribed for. Sec. 4. And be it further enacted , That for the well ordering the affairs of the said corporation, there shall be seven Directors, to be chosen by the stockholders or proprietors of the capital stock of said Company, at a time and place to be designated by the commissioners, after they shall have received ten per centum on the amount subscribed, and after thirty days notice shall have been given in the Gazettes of Washington, when a plurality of votes given in, shall be necessary to make a choice; and those who shall be chosen shall be capable of serving as Directors, until the first Monday in January next ensuing the time of such election, when, and on which day, in every ensuing year thereafter, a like election for Directors shall be had and held; and the said Directors, at their first meeting

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after such elections, shall choose, by a vote of at least a majority of the board of Directors, one of their number as President; and in case of his death, resignation, or permanent removal from the State, or from the board of Directors, the said Directors shall proceed in like manner to fill the vacancy by a new election for the remainder of the term for which he shall have been so elected; and if, from any cause, it should happen that an election of Directors should not be made on the day when, pursuant to this act, it ought to have been made, the same may be lawfully made on another day, to be provided for by the by-laws of said corporation; and in case of the death or resignation of a Director, or a vacancy in the board, from any other cause, such vacancy shall and may be filled up by an election to be had at the first meeting of the board after the occurrence of such vacancy, by the remaining Directors; and if, from any cause, the board of Directors shall be reduced in number less than four, it shall and may be lawful for the remaining Directors to order an election to be had, after thirty days notice, by the stockholders, to supply such vacancy, and make up a full board for the remainder of the term. Sec. 5. And be it further enacted , That the Directors who shall, in manner aforesaid, be elected, shall, so soon as said board shall be organized, receive from the commissioners, the money received by them from the stockholders, as aforesaid; and shall as soon thereafter as they shall deem expedient, in good faith, proceed to lay, build, and erect, a Rail Road communication, from the town of Washington to the Georgia Rail Road. Sec. 6. And be it further enacted , That the Directors for the time, shall have power to choose and appoint a subordinate board of Directors, to be called the board of works, to conduct the work on said Rail Road, and to supervise the accounts thereof; and to vest in such board, such powers as may be necessary to enable it to accomplish the objects of its appointment; and shall have further power to appoint a cashier, and such servants as shall be necessary for executing the business of the said corporation, and to allow to them and the President, (and, if deemed advisable, to the members of the board of works, aforesaid,) such compensation for their services respectively, as shall be reasonable; and the said principal board of Directors shall be capable of exercising such powers and authority, for the well governing and ordering the affairs of said corporation, as to them shall appear conductive to the interest of the same. Sec. 7. And be it further enacted , That the said board of Directors shall have power to call in such further, and other instalments on the capital stock subscribed, as it shall think proper; and the failure of any stockholder to pay any instalment

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so called in, within the time appointed for the payment thereof, shall operate as a forfeiture of the share or shares upon which such failure to pay occurred; which share or shares so forfeited, and all payments thereupon paid, shall accrue to the benefit of said corporation, to be disposed of as the Directors shall order or provide: Provided , that sixty days previous notice shall be given, and that not more than ten dollars upon each share shall be called in at one time, and that no more than one instalment shall be called in in any three months. Sec. 8. And be it further enacted , That the powers, rights, immunities and privileges herein confered and granted, shall be and continue for and during the term of thirty-six years, to be computed from the passage of this act. Sec. 9. And be it further enacted , That the board of directors of said Company, shall have power to select and take or receive as a donation, such strip or strips of land between the points selected for said Road, and of such width and shape as they may deem necessary for the construction of said Road, and in case that the owner or owners of said land and the said Company should disagree in regard to the damages and price of said land which may be necessary for the purposes aforesaid, it may and shall be lawful for the Company to appoint two disinterested freeholders, and the owner or owners of said land, shall appoint two competent and disinterested freeholders, all of whom shall be sworn by some judicial officer of this State, to do equal justice between the parties, and they shall then proceed upon the premises as a committee of arbitration and appraisment, 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 said land, and the fee simple thereof, shall vest in said Company forever, and the award shall be recorded in the office of the Superior Court of the county where the land lies, 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 of the county where the land lies, or a majority of them, shall appoint such referee or referees; and in case the committee last 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 said appeal is made and the decision in whichsoever way made by the special Jury, shall vest in the Washington Rail Road and Banking Company, the land in question, and in the

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other party a judgment for the value thereof thus ascertained and determined. Sec. 10. And be it further enacted , That if any person or persons shall wilfully and maliciously, injure, damage or obstruct, or in any manner destroy, or shall wilfully, and maliciously cause or aid and assist or counsel and advise, any other person or persons, to destroy or in any manner, hurt, damage, injure or obstruct the aforesaid Rail Road, or any bridge or appurtenance connected therewith, or any vehicle, edifice, or right granted by this act, such person or persons 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. 11. And be it further enacted , That the office of said Company shall be located at Washington, and all elections and meetings of the stockholders shall be held at such office, except when otherwise ordered by the directors. Sec. 12. And be it further enacted , That the following rules, regulations, limitations and provisions, shall form, and be the fundamental articles of the said corporation: Rule I. The number of votes to which each stockholder shall be entitled, shall be one vote for each share held by him or them. Rute II. The directors shall cause to be kept fair and regular entries, in a book to be kept for that purpose, of their proceedings, and on any question, when any one director shall require it, the yeas and nays of the directors voting shall be recorded in such book, and the minutes shall at all times, when demanded, be produced to the stockholders at their general meeting. Rule III. And be it further enacted , That five years from the passage of this act, shall be allowed for the completion of said Road. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 1st January, 1839.

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AN ACT, To amend an act entitled an act, to incorporate the Brunswick and Florida Rail Road Company, passed 22d December, 1835, and to authorize said company to hold certain vacant or ungranted lands. 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 lawful for the grantees in said Brunswick and Florida Rail Road charter, or for the board of directors, to deposite the money received in payment of the first instalment, and all subsequent instalments, on the stock of said Rail Road, in the Bank of Brunswick, or in such other Bank or place of safe keeping, as they may deem expedient for the interests of said company. Sec. 2. And be it further enacted , That it shall be lawful for the stockholders of said Brunswick and Florida Rail Road Company, to elect directors, and for the directors to elect other officers at such time and place as may be appointed for that purpose. Sec. 3. And be it further enacted , That it shall not be lawful for the grantees in said charter, or the officers of said company, to retain any money that may have been or may hereafter be received on stock subscribed for, as an instalment or instalments; but the same shall be faithfully expended on the works of said company. Sec. 4. Be it further enacted , That the said Brunswick and Florida Rail Road Company, shall be, and they are hereby authorized to construct one or more branch Rail Roads from their main trunk to the Florida line, and that all the rights, powers and privileges, which have been or may be granted to said company, for the construction of their main Rail Road, shall be, and the same are hereby granted and extended to said branch Road or Roads. Sec. 5. Be it further enacted , That it shall be lawful for the Board of Directors to direct their President and Secretary to issue Bonds of said company, which shall be binding on the property of said company, and on such other property belonging to the stockholders, as they may pledge to said company by mortgage, to meet their own engagements, or the engagements of said company. Sec. 6. Be it further enacted , That it shall be lawful for said company to establish credit in foreign markets, borrow money, sell or exchange their credit for the credit or property of others, at a rate of interest not exceeding eight per cent. per annum, as may be by contract agreed on.

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Sec. 7. Be it further enacted , That the said company shall have ten years from and after the passage of this act, to complete their work, and after the expiration of their exclusive privileges, shall continue a corporation for the transaction of their business. Sec. 8. And be it further enacted , That no difference or disagreement between the company and any land holder shall operate by injunction or otherwise, to suspend the progress of the works of said company, but the same shall in all cases be continued without interruption by injunction on adequate security being given by said company, to the land holder, to pay such damages as shall be assessed in the manner pointed out, in the act of which this act is amendatory. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 27th December, 1838. AN ACT, To alter, amend and explain the acts incorporating the Chat tahoochee Rail Road and Banking Company of Georgia. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That the stock of said Company shall consist of three millions of dollars, as provided for in the original act of incorporation, passed the 21st December, 1835, and as contemplated by the third section of the amendatory act, passed December 29th, 1836. Sec. 2. And be it further enacted , That the Rail Road authorized by said acts shall be commenced within one year, and finished within eight years from the passage of this act, and on failure thereof, the charter thereby granted shall be forfeited. Sec. 3. And be it further enacted , That the said Chattahoochee Rail Road and Banking Company of Georgia, shall have power, and are hereby authorized to construct a Rail Road upon such route as they may deem proper, from the city of Columbus, to terminate at some convenient point at or near the terminus of the Western and Atlantic Rail Road of the State of Georgia. Sec. 4. And be it further enacted , That the President and directors of the Chattahoochee Rail Road and Banking Company

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of Georgia are hereby authorized to secure the payment for the stock subscribed in said company, by mortgages upon unincumbered real estate, which said real estate shall be at least equal to double the amount of the stock, the value of said mortgaged property to be assessed at the expense of the company by a commissioner appointed by the Governor, who shall be sworn to value the property at cash prices, and after said valuation and approval, the said mortgages shall be deposited in the office of the Secretary of State, and upon the certificate of the said Secretary of State, that said mortgages have been thus deposited according to law, the President and directors of said company shall be authorized to issue their bonds for such amounts as they may think proper, not exceeding the amount of said stock, redeemable and payable at such times and places, and bearings such an interest as may be agreed upon. Sec. 5. And be it further enacted , That for the better securing the prompt payment of said bonds, and the interest upon the same, according to the contract which may be made with the person or persons, company or companies purchasing said bonds, it shall and may be lawful, whenever the principal or interest shall not have been paid according to contract, and upon the application of the holder of such bonds for the Comptroller General, and he is hereby directed to issue execution in favor of such applicant for such an amount as may be due and unpaid, together with all costs which have accrued, which executions may be levied by the sheriff residing in the county in which said real estate shall be situated, and the property sold in the same manner as property sold under other executions; Provided nevertheless , that said mortgagers shall have the privilege of relieving said property by paying up the whole amount for the securing of which said property had been mortgaged. Sec. 6. And be it further enacted , That for every execution issued by said Comptroller General, he shall be entitled to receive five dollars, to be paid by the defendant in execution, and collected by the sheriff. Sec. 7. And be it further enacted , That said mortgages shall be recorded in the manner and time now required by law, and that the State shall not be liable in any manner for the amount of said bonds or mortgages, or any part thereof. Sec. 8. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838.

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AN ACT, To amend an act, entitled an act to amend and consolidate the acts granting chartered rights and privileges to William B. Davis, and Urbanus Dart, and their associates, to establish a company to construct a Canal, or Railway, or both, from the Altamaha to Turtle River, in Glynn county, or to Brunswick, passed 20th December, 1826, and the 14th December, 1830; passed December 20th, 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 from and after the passing of this act, so much of the eighth section of the act of which this act is amendatory, as regulates the settlement of cases in which disagreement may exist, between the owners of property and the Brunswick Canal and Rail Road Company, be, and the same is hereby repealed; and that in all cases in which disagreement may exist, or may hereafter arise between individuals, or incorporations, and the Brunswick Canal and Rail Road Company, as to the right of way, or damages to property, the disagreement shall be settled as prescribed in the fifteenth section of an act to amend the act incorporating the Central Rail Road and Canal Company of Georgia, to alter and change the name of said company, and to give the said company Banking powers and privileges, approved the 14th December, 1835. Sec. 2. And be it further enacted , That so much of the fifteenth section of said act, to amend the act incorporating the Central Rail Road and Canal Company of Georgia, as relates to the settlement of disputes between the owners of land and the company, be, and the same is hereby enacted a part and parcel of the charter of the said Brunswick Canal and Rail Road Company. Sec. 3. And be it further enacted , That all laws or parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 28th December, 1838.

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RELIEF. AN ACT, For the relief and support of Widows and Orphans, out of the estates of their deceased husbands and parents. 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, when any person shall die, leaving a widow, and children, or a widow, or child, it shall and may be lawful for the executor or administrator thereof, to allow our of the effects of such deceased person, a reasonable support and maintenance for the space of twelve months next ensuing, immediately after the death of such testator, or intestate, notwithstanding any debts, dues, or obligations of said testator, or intestate. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 29th December, 1838. AN ACT, For the relief and benefit of Adeline Brodnax. 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, Adeline Brodnax, wife of William E. Brodnax, of Richmond county, be, and she is hereby authorized to contract, and be contracted with, to sue and be sued, as a feme sole , notwithstanding here coverture, and that all her future earnings, and acquisitions, shall be free from liability for the debts, or contracts of her said husband: Provided , that in any controversy with creditors of her husband, the burthen of proof shall be on the part of the said Adeline,

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Sec. 2. And be it further enacted , That all laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. AN ACT, For the relief of Elizabeth M. M. Greenwood, of Baker county. Whereas, at the last term of the Superior Court holden for the county of Baker, the final trial was had, and verdict rendered, in the case of Benjamin L. Greenwood, vs. Elizabeth M. M. Greenwood, in a libel for divorce: And whereas, under the existing laws, the defendant is under certain restraints, and disabilities, in that she is prohibited from again entering into the marriage state; 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 passage of this act, the said Elizabeth M. M. Greenwood shall be, and she is hereby fully exonerated, relieved and released from the restraints and disabilities by law incurred, and shall have full and complete authority to dispose of her person in marriage, as fully as though she had never entered into the marriage state with the said Benjamin L. Greenwood, any law or usage to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, For the relief of Darling Vickers. Whereas, at October term in the year eighteen hundred and thirty-seven, of the Superior Court of Troup county, Mary H. Vickers, the wife of said Darling, obtained a total divorce

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from him, in pursuance of law, whereby the said Darling, under the third section of an act passed on the fifth day of December, eighteen hundred and five, will become liable to the pains and penalties enacted against bigamy, if he shall marry during the lifetime of the said Mary H., and whereas, in consequence of unhappy differences between the said Mary H. and Darling, and their desire to be separated, he interposed no defence to the suit brought by her for a divorce, and it appearing that there are circumstances in his case which justify the interference of the legislature. 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 from and after the passage of this act, the said Darling be, and he is hereby entirely released and discharged from the pains and penalties imposed by the third section of the before mentioned act, in case he shall marry again during the lifetime of the said Mary H. Sec. 2. And be it further enacted , That all laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. RESIDENCE OF CITIZENS. AN ACT, To more fully define the legal residence of Citizens and Inhabtants of this State. Whereas, no small degree of embarrassment has arisen, and is likely to arise, from the indefinite manner in which the place of residence of citizens and inhabitants of this State is defined 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 from and after the passage of this act, the place where the family of any person shall permanently reside, in this State, and the place where any person having no family, shall generally lodge, shall be held and considered as the most notorious place of abode of such person, or persons respectively.

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Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws conflicting with this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th November, 1838. RETAIL LICENSE. AN ACT, Further to regulate the granting of Retail License and sale of spirituous liquors. 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, upon the application of any person for License to Retail spirituous liquors, the Clerk of the Inferior Court to whom such application may be made, shall, before the granting such License, require the applicant in whose name such License shall issue, to take and subscribe the following oath, to wit: I do solemnly swear that I will not during the next succeeding twelve months, sell, barter, give or furnish to any slave or slaves, or free person of color, any measure or quantity of distilled spirituous or intoxicating liquor, without the verbal or written consent of the owner, overseer or employer of such slave or slaves, or without the like consent of the guardian of such free person of color; and I do further swear that I will not suffer or allow any other person to do so for me by my approbation, knowledge or consent, so help me God. Sec. 2. And be it further enacted , That on or before the first day of June next, and annually thereafter, each ane every vender of any measure or quantity less than one gallon of distilled spirituous or intoxicating liquor, shall, and are hereby required to take and subscribe the above and foregoing oath. Sec. 3. And be it further enacted , That from and after the first day of June next, and annually thereafter, each and every person who may or shall become a vender of any measure or quantity less than one gallon of distilled spirituous or intoxicating

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liquor, shall, and are hereby required to take and subscribe the above and foregoing oath. Sec. 4. And be it further enacted , That upon the neglect or refusal of any person so required to take and subscribe the above and foregoing oath, each and every person so neglecting or refusing, shall be, and are hereby made liable and subject to all the pains and penalties which a person retailing without license is now subject to, by law. Sec. 5. And be it further enacted , That each and every oath so taken, shall be subscribed by the person taking the same, and attested by the Clerk of the Inferior Court, before whom the same shall be taken in a book to be kept by him for that purpose. Sec. 6. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. RIVERS AND CREEKS. AN ACT, To incorporate the Chattahoochee Company, for the purpose of improving the navigation of the Chattahoochee River, and affording a communication for transportation between Columbus and West Point. 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 W. Campbell, Burton Hepburn, J. J. Boswell, Seaborn Jones, Thos. Preston, P. A. Clayton, Samuel Boykin, Robert W. Carnes and Robert Ware, be, and they are hereby authorized to open a Book for the subscription of Stock in the Chattahoochee Company, at such place as they, or a majority of them may deem most advisable. Sec. 2. And be it further enacted by the authority aforesaid , That the capital of said company shall be three millions of dollars, ($3,000,000) to be divided into shares of one hundred dollars each, and five dollars per share shall be paid to the Commissioners, at the time of subscribing, and the residue at such times and in such instalments as the Board of Directors may deem proper; Provided , that not more than ten per cent, shall be called in at any time, and sixty days notice given.

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Sec. 3. And be it further enacted by the authority aforesaid , That the affairs of said company shall be conducted and managed by seven Directors, and the first election of Directors shall take place at such time, as said Commissioners may order and said Directors shall continue in office until the first of January thereafter, and all subsequent elections shall take place at such time and place as the Board of Directors may appoint, and said Directors shall continue in office until their successors shall be elected, and in all elections and other questions before the Stockholders, each share shall have one vote. Sec. 4. And be it further enacted by the authority aforesaid , That said company shall be liable and capable in law to sue and be sued, in their corporate name, to have and use a common seal, to have and hold property sufficient to effect the objects of the incorporation only, both real and personal, and to have all and singular the rights of a body corporate, with power to appoint and dismiss their officers, and to make and alter such by-laws and regulations as they may deem proper; Provided , such by-laws be not repugnant to the Constitution of the United States, and the Constitution and Laws of this State. Sec. 5. And be it further enacted by the authority aforesaid , That the President and Directors shall call in any instalment, as herein provided, and if the holder of any shares shall fail to pay the same, it shall and may be lawful for the President and Directors to declare the same forfeited, to the use of the company. Sec. 6. And be it further enacted by the authority aforesaid , That the stock of said company shall be assignable and transferable in such manner as the President and Directors may, by their by-laws and regulations prescribe and establish. Sec. 7. And be it further enacted by the authority aforesaid , That the Directors shall, at their first meeting after their election, select by ballot out of their own body a President, and the said President and Directors shall appoint a Treasurer and such other officers from time to time, as they may deem necessary, and have the power to dismiss the same at their pleasure. Sec. 8. And be it further enacted by the authority aforesaid , That the said Chattahoochee Company be, and they are hereby authorized and empowered to improve the navigation of the Chattahoochee river, from the City of Columbus to West Point, in Troup County, or such part thereof, as may be deemed most advisable, by constructing Dams and Locks, or a Canal or Canals, for opening a navigable communication on that river: Provided , that the said company shall not be permitted to obstruct the said river, so as to prevent the free passage of Fish. Sec. 9. And be it further enacted by the authority aforesaid , That the said company be, and they are hereby authorized and

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empowered to construct a Canal or Canals, of suitable width, depth and dimensions, at such places as they may deem best, for the purposes aforesaid, upon paying to the owners of the land through which said Canal or Canals may pass, a just compensation and indemnity, and also for one hundred feet on each side of the same, and of its artificial feeders, and for the construction of basins, toll houses, steps, locks, docks and other necessary and proper works, and to build dams across said river, and make locks into the same, whenever the same may be necessary for the accomplishment of the objects of this act: Provided , that when said Canal shall cross any public road, or any person shall own lands on both sides of the same, said company shall be bound to construct bridges at such places as the public roads may cross the same, and whenever they may be necessary for the persons owning lands on both sides of the samebut no person shall be at liberty to ford such Canal, without the permission of said company. Sec. 10. And be it further enacted by the authority aforesaid , That if said company shall elect, on the whole or any part of said river, to make the same navigable by dams and locks, they shall be empowered and authorized to make locks into any mill dams or other dams on the same, on making adequate compensation to the owners of the same, and to remove any other obstructions which may be necessary for the accomplishment of said object. Sec. 11. And be it further enacted by the authority aforesaid , That when any person shall feel himself aggrieved by reason of said Canal, or other works of said company, passing through his land, or for any other injury, or when the said company cannot agree with any person about the damages sustained, or value of the land, then the value of the land, or damages sustained, shall be assessed by three persons, one to be chosen by said company, one by the person complaining, and one by the Inferior Court of the County where the land lies, or the injury is doneand if the owner of the land, or person complaining, fail to choose such referee, then two to be chosen by the Inferior Court and one by the company, and their decision shall operate as a judgment for the amount against said company, for which execution shall issue from the Inferior Court aforesaid, and if either party be dissatisfied with the decision of the referees, he may enter an appeal from the same, to the next Inferior Court of the County, to be tried by a special Jury at the first term, as in other cases of appeal, and the judgment of such Court shall vest a title to the premises in question upon the payment into Court of such judgment within ten days after the adjournment of said Court. Sec. 12. And be it further enacted by the authority aforesaid , That the bills obligatory and of credit, notes and other contracts in behalf of said corporation, shall be binding and obligatory

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on said corporation: Provided , the same shall be signed by the President, and countersigned or attested by the Treasurer of the company, and the funds of the corporation shall in no case be liable for any contract or engagement, unless so signed and countersigned, or attested as aforesaid: Provided , that they shall not, by virtue of this act, be authorized to issue notes or bills of credit, intended for circulation as Bank notes, or of the form or similitude of Bank notes. Sec. 13. And be it further enacted by the authority aforesaid , That the said Company shall be entitled to the exclusive use of said improvements, and are hereby empowered to receive and collect tolls under such rules and regulations as they may adopt. Sec. 14. And be it further enacted by the authority aforesaid , That the President and Directors of the Chattahoochee Company are hereby authorized to secure the payment for the stock subscribed in said company, by mortgages upon unincumbered real estate, which said real estate shall be at least equal to double the amount of the stock, the value of said mortgaged property to be assessed, by a commissioner appointed by the Governor, who shall be sworn to value the property at cash prices, the said mortgages shall be deposited in the office of the Secretary of State, and upon the certificate of the said Secretary of State, that said mortgages have been thus deposited according to law, the President and Directors of said company shall be authorised to issue their bonds, for such amount as they may think proper, not exceeding the amount of said stock, redeemable and payable in such currency, and at such times and places, and bearing such interest as may be agreed upon. Sec. 15. And be it further enacted by the authority aforesaid , That for the better securing the prompt payment of said bonds and the interest upon the same, according to the contract which may be made with the person or persons, company or companies, purchasing said bonds, it shall and may be lawful, whenever the principal or interest shall not have been paid according to contract, and upon the application of the holder of such bonds, for the Comptroller General, and he is hereby directed to issue execution in favor of such applicant, for such an amount as may be due and unpaid, together with all costs which have accrued, which executions may be levied by the Sheriff residing in the county in which said real estate shall be situate, and the property sold in the same manner as property sold under other executions: Provided nevertheless , that said mortgagers shall have the privilege of relieving said property, by paying up the whole amount, for the securing of which said property had been mortgaged. Sec. 16. And be it further enacted by the authority aforesaid , That for every execution issued by said Comptroller General, he shall be entitled to receive five dollars, to be paid by the defendant in execution, and collected by the Sheriff.

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Sec. 17. And be it further enacted by the authority aforesaid , That the work authorized by this act, shall be commenced within twelve months, and completed within ten years from the date thereof, so as to render said river navigable between Columbus and West Point, and in case of a failure so to commence or complete said work, the privileges granted by this act shall be forfeited. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To appoint additional Commissioners on the Ohoopee and Canoochee Rivers, in the county of Tattnall. 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 William Joyce, Shadrack Hancock, Benjamin Alexander, Sen. and Joseph Collins, Jr., be, and they are hereby appointed Commissioners in addition to those already on the Ohoopee River, in Tattnall county. Sec. 2. And be it further enacted by the authority aforesaid , That William H. Edwards, David C. Baggs, Samuel Baker, and Joshta Everett, Sen., be appointed additional Commissioners on the Canoochee River; and the aforenamed Commissioners, to act with those already appointed under a previous act to govern the same. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 27th December, 1838.

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AN ACT, To amend an act entitled an act to keep open, remove and prevent obstructions to the free passage of fish, and the navigation of the Coosa river, from where the Alabama State line croosses the same, to the head thereof, and its branches, the Etowah, up to the old Federal road at Blackburn's; the Oostanallee to the Coosawattee town, and the Conesauga branch to the Tennessee line, and to punish offenders against the provisions of this act, passed the 24th December, 1833. 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 obstruct more than one third of the current of the Coosa river, from the Alabama State line, to the head of said stream, nor shall it be lawful for any person or persons to obstruct more than two thirds of the current of the Etowah river, from the head of Coosa river, to where the old Federal road crosses said river Etowah at Blackburn's old Ferry, nor shall any person obstruct more than two thirds of the current of the Oostanallee river, from the head of Coosa to the Coosawattee town, and the Conesauga river to the Tennessee south boundary line, by building of fish traps or mill dams, or throwing of any other obstruction in either of the rivers aforesaid, more than is hereby permitted. Sec. 2. And be it further enacted , That where any obstructions further than is hereby permitted shall be put in either of the rivers aforesaid, the Inferior Court of the county wherein the obstructions may be found, shall on the information of any person, issue an order, directed to the sheriff of the county, directing him to proceed within ten days after the date of said order, and cause said obstructions to be removed, according to the provisions of this act. Sec. 3. And be it further enacted , That should any person or persons resist or molest an officer in the discharge of the duties required by this act, they shall be liable to indictment in the Superior Court in the county where the offence was committed, and on conviction thereof shall be fined in a sum not less than twenty nor more than one hundred dollars, and imprisoned in the common Jail of the county not less than one nor more than three months. Sec. 4. And be it further enacted , That the sheriff shall make a return of said process to the Court from whence it issued, with his actings and doings thereon, and he shall be allowed three dollars for his fees, and one dollar and fifty cents per day, for each hand employed by him for the purposes herein mentioned, and the Court shall cause execution to issue against the parties so placing the obstructions in any of the rivers aforesaid, and so removed, to be collected by the sheriff, by levy and sale as in other cases.

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Sec. 5. And be it further enacted , That all laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 1st January, 1839. AN ACT, To alter and amend an act, entitled an act to appropriate a sum of money to remove obstructions to, and improve the navigation of Flint river, and to provide for the application and disbursement of the same; assented to, December 29th, 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 William Maxwell, of the county of Lee, John Young, of the county of Macon, and Thomas C. Sullivan, of the county of Sumter, be, and they are hereby appointed additional Commissioners for said river; and upon their, or either of them giving bond and security, in terms of the above recited act, it shall be the duty of his Excellency the Governor, to draw his warrant in favor of said Commissioner, or Commissioners giving such bond and security, for the unexpended balances of the appropriations heretofore made for said river, any thing in the before recited act to the contrary notwithstanding; and the Commissioner or Commissioners receiving the said balances, are hereby required to expend the same in the improvement of the navigation of said river, in conformity of the provisions of said recited act. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To authorize the opening of Upatoie Creek. 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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Henry Horton, Humphrey Rowell, Richard Rowell, Joshua R. McCook, Hiram Fuller, Jesse Hall, Prior Dozier, John Tooke, and Joseph Coleman, are hereby appointed Commissioners to superintend, at their own expense, the opening of the Upatoie Creek, in Muscogee county, from the Chattahoochee river, to the mouth of Pine Knot Creek, who shall have power, from the voluntary contributions of labor, or money, by the citizens in the neighborhood of said stream, to remove all obstructions of logs, or rocks, for the purpose of navigating the same with rafts, or small barges. Sec. 2. And be it further enacted by the authority aforesaid , That whenever the said Creek shall be opened, as contemplated by this act, it shall not be lawful for any person or persons to cut down trees in said stream, or otherwise obstruct the navigation of the same, under the same penalty which is prescribed for the punishment of persons for obstructing the navigation of the Chattahoochee river: Provided , nothing herein contained shall bar the right of building bridges across the same, or the right of any person to erect mills or factories on said stream. Sec. 3. And be it further enacted , That the said Commissioners shall have the power of making, at their own expense, such slide, or slides over any dam or dams which may be erected on said stream, so as to enable rafts to pass over such dam or dams, saving the rights of the proprietors of the lands over which the creek runs. Sec. 4. And be it further enacted , That the said Commissioners, or a majority of them, shall have power to fill all vacancies that may happen in the board. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY. President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. ROADS. AN ACT, To appropriate a sum of money for the improvement of the Unicoy Road, over the Blue Ridge, 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

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from and after the passing of this act, the sum of one thousand dollars, be, and the same is hereby appropriated for the purpose of improving and putting in good repair, the Unicoy Road, from Brown's Mill, on the Chattanhochee, in Habersham county, by the way of John Trammel's, thence over the Unicoy mountain to the base of said mountain in Union county. Sec. 2. And be it further enacted , That Edward Williams, Gabriel Sisk, James H. Brown, and Sampson Soseby, of the county of Habersham, and Martin England, of the county of Union, be, and they are hereby appointed commissioners of said Road, and they are hereby vested with full power and authority, to contract for, and superintend the improving and putting said Road in good repair, and before they enter on the discharge of said duty, they, and each of them shall enter into a bond, with good and sufficient security, to be approved of by a majority of the Judges of the county Court, of the said county; payable to the Governor for the time being, and his successors in office, in the sum of six thousand dollars for the faithful discharge of their duty, and for their faithful superintendence in the application of said funds, which bond is to be filed in the executive office. Sec. 3. And be it further enacted , That upon the receipt of the bond of the commissioners, executed in conformity to the above and foregoing section, it shall be the duty of the Governor, to issue his warrant in favor of the said commisioners, for the aforesaid sum of one thousand dollars. Sec. 4. And be it further enacted , That such commissioners appointed as aforesaid, shall be entitled to, and receive the sum of one dollar and fifty cents, for each and every day he shall attend on said Road, superintending the completion of the same: Provided , that no commissioner receive pay for a longer time than fifteen days. Sec. 5. And be it further enacted . That it shall be the duty of said commissioners, herein before mentioned, to divide the said Road into sections, and let the same out to the lowest bidder, at public outcry, giving twenty days public notice, of the time and place of said letting out. Sec. 6. And be it further enacted , That it shall be the duty of said commissioners, to report to the next Legislature the amount of said funds so expended, the character and nature of the improvements made, the amount of funds in hand, and every matter connected with their acts and doings in reference to the improvements of said Road.

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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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 29th, 1838. AN ACT, To appoint a commissioner for the Road leading from Loudsville, Habersham county, by way of Blairsville, to the State line. 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 commissioners appointed under an act entitled an act, to appropriate a sum of money to open and improve the Road leading from Loudsville, Habersham county, by way of Blairsville, Union county, to the State line, passed on the twenty-fourth day of December, eighteen hundred and thirty-six, be, and they are hereby authorized to lay out, and expend in the repairing of said Road, any unexpended ballance of said appropriation, which said commissioners may still have on hand. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838. AN ACT, To amend an act passed 25th December, 1837, concerning Road Laws, so far as respects the county of Camden. 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 sixth section of said act, be so amended as to read as follows, to wit: That the Road laws which were in force previous to the passing of the said act of the 23d December, 1831,

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be, and the same are hereby revived, and continue in full force, (except as therein by said act of the 25th December, 1837, is excepted) so far as respects the county of Camden. Sec. 2. And be it further enacted , That all fines, which shall be hereafter collected in said county, against the owner or owners, or agents of any, and all defaulting slaves, for nonperformance of road duty, in such district of road, where such slave or slaves shall be liable to work, shall not exceed the sum of seventy-five cents, nor less than fifty cents each per day, for each and any defaulter, at the discretion of the commissioners of said Roads, (except as is expected) any law or usage to the contrary notwithstanding. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. AN ACT, To amend the Road Laws of the State, so far as respects the county of McIntosh, so as to compel Road Commissioners to give public notice at what time they will employ hands to work on the roads, in their respective districts, and to prevent Commissioners from contracting to work 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 the Commissioners of Roads, in the several districts in the county of McIntosh, whenever they may have collected any monies arising [Illegible Text] fines for default in not working on the roads, and intend to apply the same to the hiring of hands to work on the roads, in the districts wherein the same is collected, shall give notice, in writing, at three or more of the most public places in the districts, that they desire to employ hands, and of the day that they intend to contract for the employment of the same, twenty days previous thereto; and it shall be the duty of the said Commissioners to employ such applicants as propose to work at the lowest rates or prices. Sec. 2. And be it further enacted , That no Commissioner shall be a contractor, either directly or indirectly, to work said

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road; and that all laws that militate against the provisions of this act, so far as they militate against the same, be, and they are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 28th, 1838. AN ACT, To amend an act entitled an act to amend the Road Laws of this State, so far as it respects the county of Union. Whereas, the first section of the above recited act requires amendment: 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 passing of this act, all fines and forfeitures collected from defaulting Road hands of this State, so far as it respects the county of Union, be paid over by the collecting officer to the County Treasurer of said county, to be applied to the building and repairing bridges and roads, in the several militia districts of said county where the same may have been so collected. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. AN ACT, To amend the Road Laws of this State, so far as to cause to be kept in good repair all places where any Rail Road which now is or may hereafter be chartered, crosses or may cross, any public highway 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

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it shall be the duty of all Rail Road Companies, which now are or may hereafter be incorporated, as well as all Rail Road and Banking Companies, which now are or may hereafter be incorporated, to put and keep in good travelling order and repair, the public Roads, at such point or points where the same may be crossed by their respective Rail Roads; and whenever any public road shall be obstructed at the point before mentioned, by any Rail Road, as contemplated in this act, or the same shall be neglected to be kept in good travelling order and repair, at the before mentioned points, it shall be the duty of the road commissioners, or a majority of them, residing in the district where the cause of complaint may arise, to notify the President of the Company, in writing, to cause the public road or roads to be worked on at the points before mentioned, removing therefrom all obstructions at those points, and putting them in good travelling order. Sec. 2. And be it further enacted , That whenever any obstructions, at the points herein before specified, or neglect to remove the same by the proper Company, shall come to the knowledge of the commissioners aforesaid, or any one of them; or whenever one or more of said commissioners may be notified by any citizen, of the existence of any such obstruction or neglect to remove the same, it shall be the duty of said commissioners forthwith to notify the President, as aforesaid, to cause such obstructions to be removed, and to put the public road, at the points herein contained, in good travelling order, within thirty days from the date of such notice; and in case such President of the Company complained of, shall not remove said obstructions and cause the public road to be put in good order, at the points herein contemplated, then it shall be the duty of the commissioners aforesaid, to cause the same to be done by the overseer of the public road, liable to work on that part of the road where such obstructions may exist; and said overseer, within five days after he shall have removed said obstruction, shall report under oath to the proper commissioners, the amount and value of the labor employed by him in removing such obstructions and putting the public road in good order, at the contemplated points; whereupon said commissioners shall issue execution under their hands and seals, directed to any lawful constable (if the amount does not exceed thirty dollars,) or to any lawful sheriff, (if the amount exceeds thirty dollars,) to be by him levied on, and collected out of any property of such defaulting Rail Road company, the same to be advertised and sold under the laws regulating constables and sheriff's sales; which money when collected, shall be paid over to the commissioners aforesaid, and by them applied to the payment for removing said obstructions and putting said road in good order: Provided , that said President of such defaulting Rail Road Company may stay execution for twenty days by making affidavit

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before any one of said commissioners, to such facts as do, in his opinion, constitute a good excuse and defence, which excuse and defence shall be heard and decided upon on a day to be mentioned by the commissioners, not exceeding ten days from the time such affidavit may be made; and on hearing the excuse and defence, the commissioners shall make such final order in the premises as to them may seem proper and just. Sec. 3. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838. SHERIFFS AND CLERKS. AN ACT, To authorize and empower John W. Bailey, a minor, of Camden county, to act as a Deputy Clerk in certain offices, and to make legal all his actings and doings therein, and Thomas Burch, a minor of Muscogee county, to act as Deputy Clerk in 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 John W. Bailey, a minor, residing in the county of Camden, be, and he is hereby authorized to act as a Deputy in the offices of the Clerk of the Superior and Inferior Courts of the said county of Camden, and to act as Deputy Clerk in the office of the Clerk of the Court of Ordinary, of said county of Camdenand all his actings 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 , That the said John W. Bailey, a minor as aforesaid, shall act only as Deputy in said offices aforesaid, and shall not be eligible to said offices while a minor. Sec. 3. And be it further enacted , That Thomas Burch, a minor residing in the county of Muscogee, be, and he is hereby authorized to act as a Deputy in the office of the Clerk of

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the Superior Court of said county, and that all acts shall be deemed and held to be legal and binding, as fully as if he had attained the age of twenty-one years. Sec. 4. And be it further enacted , 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. AN ACT, To compensate the Sheriff of Talliaferro county for his services in summoning 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 Sheriff of Taliaferro county shall be entitled to receive from the County Treasurer of said county, the sum of thirty-seven and a half cents for summoning each and every Juror, to attend the Superior and Inferior Courts of said county, as well in criminal as civil cases:- Provided , that to entitle him to receive the compensation aforesaid, said Sheriff shall make a full and just return of all summons he may have made, which return shall be authority sufficient for the said Treasurer, for the payment of the sum aforesaid. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838.

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AN ACT, To authorize the Sheriff and Clerks of the county of Dooly, to have all their advertising done in any of the newspapers published 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 from and after the passing of this act, the Sheriff and Clerks, and other officers of the county of Dooly, shall be, and they are hereby authorized to publish Sheriff's and Coroner's sales, and all other advertisements, which by law said officers, or any of them, are required to publish, in any of the newspapers published in the city of Macon, and not elsewhere: Provided , that all such advertisements shall be published in such newspaper published in Macon during the time required by law respectively. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R, GILMER, Governor. Assented to, 27th December, 1838. AN ACT, Authorizing the Sheriffs of Forsyth county to insert their advertisements in one of the newspapers published in Athens, or in one of the newspapers published in Milledgeville, or any other paper. 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 Clerks, Sheriffs, and other officers of the county of Forsyth, be, they are hereby authorized to insert their advertisements in one of the newspapers published in Athens, or in one of the newspapers published in Milledgeville, as they may deem best for the general interest of all concerned, or any other paper.

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Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 29th December, 1838. AN ACT, To compensate the Sheriffs of Camden, Lumpkin, and Liberty counties, for summoning Grand and Petit Jurors in said 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 passing of this act, the Sheriffs of Camden, and Liberty, and Lumpkin counties, shall respectively be entitled to receive from their County Treasurers, the sum of thirty-one and a quarter cents for each Grand and Petit Juror by them respectively summoned, or subpoenaed, and it shall be the duty of the Inferior Court of said counties, to audit the accounts for such services at least twice in each year, and to direct the payment thereof out of any monies in the county treasuries unappropriated. Sec. 2. And be it further enacted by the authority aforesaid , That the Justices of the Inferior Court of the county of Muscogee, be, and they are hereby authorized to pay to the Sheriff of said county, such a sum as they may deem proper, out of the county funds: Provided , said amount shall not exceed $200, as a compensation for summoning Jurors. Sec. 3. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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SILK CULTURE. AN ACT, To promote the culture of Silk, in this State. Whereas, it is desirable that the culture of Silk should be encouraged within 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 from and after the passage of this act, whenever any person or persons, either individually or collectively, shall raise any Silk, within the limits of this State, he, she, or they, shall be entitled to draw from the State treasury, a premium of fifty cents, for each and every pound of cocoons, so by him, her, or them, raised; and ten cents per pound, on each pound of good Silk, by him, her, or them, reeled from cocoons so raised. And the person or persons so claiming the premium aforesaid, shall first exhibit the cocoons raised, and the silk reeled as aforesaid, to one of the Justices of the Peace within the county where the same shall have been raised, and the said Justice shall thereupon examine the person or persons claiming the premiums as aforesaid, upon his, her, or their oath, or legal affirmation, and shall require the party so claiming the premiums, to swear, or affirm that the cocoons were raised in the State of Georgia, after the passage of this act, that the premium has not before been claimed by, or paid to any other person for said cocoons, or silk, and in relation to all other facts and circumstances as may, in the opinion of said Justice, be connected with the raising or reeling of the same, and upon such evidence proving satisfactory to his mind, he shall thereupon make out and sign a certificate, with his seal thereto annexed, which certificate shall be sufficient authority to his Excellency the Governor, and he is hereby required to receive in his department the same, to draw his warrant upon the State Treasury, in favor of the party to whom said certificate is granted, for the amount of said premiums as per said certificateto be paid out of any money not otherwise appropriated; this act shall be and continue in full force and effect, for and during the term of ten years from and after its final passage; all laws and parts of laws repugnant to this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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STATE SCRIP. AN ACT, To authorize the sale of Scrip or certificates of State debt, and to enlarge the duties of the Commissioners of the Western and Atlantic Rail Road, of Georgia. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly convened and it is hereby enacted by the authority thereof , That the commissioners of the Western and Atlantic and Rail Road of the State of Georgia, with the concurrence of his Excellency the Governor, are authorized to sell Scrip, on certificates of State debt, to the amount of one million and a half of dollars, to make said Scrip of such size, form and denomination as they may deem most advantageous to the State: Provided , the rate of interest does not exceed six per cent. per annum, and the reimbursement of the principal sum may not be required within a term of 30 (thirty) years after the date of sale. Sec. 2. Be it further enacted by the authority aforesaid , that said Scrip or certificates of State debt, shall be authenticated by the signature of the Governor, and of the President of the Board of Commissioners, and by such seal or stamp as may be directed by an act, passed at this session of the General Assembly. Sec. 3. Be it further enacted by the authority aforesaid , That the faith of the State of Georgia, is hereby solemnly pledged for the redemption of the entire debts, principal and interest, that may be incurred by the sale of said Scrip, and that for the purpose of insuring the punctual payment of the interest falling due on said Scrip, the income, dividends and profits of every description, arising from the funds, which the State holds in the Central Bank of Georgia, and from all other Bank stock belonging to the State, are hereby set apart and vested in said commissioners, except such as have heretofore been appropriated to Franklin College, and county Academies, and the general fund for common Schools. Sec. 4. Be it further enacted by the authority aforesaid , That said Board shall report to the General Assembly, during the first week of each session, a full account of the actings and doings of said Board in relation to all its fiscal transactions, the condition and progress of the road; and also furnish estimates, plans and all other information touching that branch of the public service, which it may be deemed proper to lay before the Legislature.

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Sec. 5. Be it further enacted by the authority aforesaid , That said Board shall apply the funds thus placed at their disposal, to the completion of the Western and Atlantic Rail Road, and such other work therewith connected as the General Assembly may direct, embracing every matter of expenditure on surveys, grades, rails, locomotives, vehicles, apparatus, concessions of way, offices and agencies, and shall make such periodical reports of its proceedings as may have been, or may hereafter be required by law: Provided , that no rails or locomotives, shall be purcharsed until the road is so far accomplished that the same are deemed necessary for the farther execution of the work. Sec. 6. Be it further enacted by the authority aforesaid , That the agent or commissioner, who shall procure the funds from the sale of said Scrip, shall deposit the same in the Central Bank, subject to the order of the commissioners, or the President thereof, to be applied as herein contemplated. Sec. 7. Be it further enacted by the authority aforesaid , That it shall be the duty of said Board to direct the location of any part of said road which may not, at this time be under contract, to adopt and use any devices, plans and improvements in the location, structure and equipment of said work, which may in their judgement conduce most extensively to the general interests of the people of Georgia. Sec. 8. Be it further enacted by the authority aforesaid , That said Board of Commissioners, should funds be needed, before a sale of Scrip can be effected, shall have authority to draw the same by the requisition of the President from the Central Bank, or procure them elsewhere on temporary loan, as the one step or the other may seem most expedient in reference to the progress of the work or economy of expenditure, and for this purpose, said Board are authorized to make a temporary pledge of said Scrip, or certificates of State debt. Sec. 9. Be it further enacted by the authority aforesaid , That every Superintendant, Commissioner, Chief Engineer, or Assistant Engineer, who now is, or may hereafter be engaged in the service of the State, shall as soon as the same can be done after the passage of this act, and before he enters upon the discharge of his duties take and subscribe the following oath, in addition to the oaths already required by law, to wit:Georgia, county.Personally appeared before me, who being duly sworn, deposeth and saith that he will not directly or indireatly, during his continuance in the service of the State, (as Superintendant, Commissioner, Engineer, or Assistant Engineer of the Western and Atlantic Rail Road,) or within six months thereafter, either by himself or others or in the name of any other person or persons or partnership, purchase or attempt to purchase any lands or real estate, or stock

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or interest therein, within three miles of the Western and Atlantic Rail Road, or within that distance of the route whict is, or may be determined upon as the route of said Road, or within that distance of any terminus of said Road, and that he will not attempt an evasion of the true interest and meaning of this oath; before some officer duly authorized to administer the same, and which said oath so taken, subscribed and attested by the officer administering the same, shall be filed in the executive office of this State. Sec. 10. Be it further enacted by the authority aforesaid , That should the funds set apart for the payment of interest accruing on any loans taken for the sale of Scrip or certificates of State debt, be found inadequate to that purpose, his Excellency the Governor, and said Board of Commissioners, shall have power, in aid of said Bank funds, to convert any part of the proceeds arising from the sale of said Scrip, into an interest paying fund, and to place the same in the Central Bank, to be loaned out at the best interest, not exceeding eight per cent. per annum, or less when at their discretion. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To provide for the authentication of State Scrip, or certificates of State debt, and to punish those who may counterfeit, or fraudulently use the same. Whereas, it is deemed expedient to use a stamp for the purpose of authenticating such Scrip, or other evidences of State debt, as the General Assembly has heretofore, or may hereafter direct to be issued, instead of the old seal of the State: Section 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly convened , That it shall be the duty of the Secretary of State, under the orders of the Governor for the time being, to stamp on each certificate of State debt, the issue of which has been, or may hereafter be authorized by law, a distinct and legible impression, with a die having the dimensions, form and inscriptions following, viz:a circular face or disc, two inches and a quarter in diamter, bearing the device of three Corinthian columns, emblematic of the three departments of Government, supporting

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an arch, beneath which is the figure of a man with a drawn swordthe arch inscribed with the word Constitution, and the three columns respectively, with the words Wisdom, Justice, Moderation, engraven on wreathsthe whole surrounded by the words State of Georgia and the Arabic figures 1799, expressing the date of its original adoption, being a fac simile of one side of the great seal of the State, provided by law in the year which the figures designate. Sec. 2. And be it further enacted , That said die or seal, with the necessary apparatus, be deposited and kept in the office of the Secretary of State, and for the purpose of authenticating said Scrip, or certificates of State debt, the stamp or impression made as aforesaid, shall be taken and respected in all Courts of Justice, and elsewhere, as the seal of the State. Sec. 3. And be it further enacted , That a brass die, now in the Executive Chamber, shall be used for the purposes herein designated, should it be found suitableand if not so found on trial, his Excellency the Governor is hereby authorized to procure one of the description contained in the first section of this act, with proper appliances for its use. Sec. 4. And be it further enacted by the authority aforesaid , That the false and fraudulent counterfeit, or use of said die or seal, shall subject the offender to all the pains and penalties which are directed by the penal or criminal laws of this State, to be inflicted on a person or persons who forge or counterfeit, or fraudulently use or apply the great, or any other public seal, whether the same is applied to instruments written, printed or engraved, in whole or in part. Sec. 5. And be it further enacted by the authority aforesaid , That any and all laws conflicting with the provisions of this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 18th December, 1838.

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STEAM BOATS AND MILLS. AN ACT, To incorporate the Washington Steam Boat 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 H. A. Crane, J. T. Rowland, H. Shotwell, C. Collins, A. Melrose, with their associates, and all such persons as now are, or may hereafter 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 Washington Steam Boat Company, of Macon, and by said name and style, may hold, purchase, receive, retain, enjoy, sell, and transfer real and personal property, may sue, and be sued, plead, and be impleaded, in any Court of law or equity, may have and use a common seal, and the same to break, alter, and renew at pleasure, may make such by-laws, rules, and regulations as the stockholders, and persons appointed by them to manage the concerns of said company, may deem necessary and expedient: Provided , that the same be not contrary to the constitution and laws of this State, or of the United States. Sec. 2. And be it further enacted , That the capital stock of said company shall consist of six hundred shares, of one hundred dollars each, which shall be held by the present members of the company, in the respective proportion already fixed among themselves, and for which the proper officer of said company shall issue certificates in the manner to be provided by their bylaws, 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. Sec. 3. And be it further enacted , That by a vote of the holders of two-thirds of the whole capital stock, at any meeting regularly called for the purpose, the stock of said company may, from time to time, be increased by the creation of new stock, of one hundred dollars per share, as said stockholders may find expedient: Provided , that the whole capital stock shall never exceed three hundred thousand dollars. Sec. 4. And be it further enacted , That the said company shall have power and authority to charge, ask, and receive of and from all such persons as they may transport merchandize or produce for, or carry as passengers, such compensation therefor as the said company, or its agents, or officers may deem fit, or

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as may be specified in the bills of lading; and the said company may define, restrain, and limit their liability as carriers: Provided , such restraints and limits be embodied in the receipts, or bills of lading. Sec. 5. And be it further enacted , That the affairs of said company shall be managed either by a board of directors, or an agent or agents, as the stockholders may determine, the same to be appointed by said stockholders, each share of stock to entitle the holder thereof to one vote for the same, and 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 interests of the company. Sec. 6. And be it further enacted , That the said company shall be authorized to insure against loss or damage by fire, or by any and all risks whatever, by sea or inland navigation, and also insure on lives of slaves employed by them, and that the privileges granted by this act, shall continue for and during the term of twenty years, and no longer. Sec. 7. And be it further enacted , That the persons and property of the stockholders for the time being, shall be responsible for the debts and liabilities of said company, incurred while they are stockholders, in proportion to the amount held by them. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838. AN ACT, To establish a Company in the county of Camden, and State of Georgia, under the name and style of the Satilla Steam Saw Mill 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 J. M. Tison, Hugh Brown, G. Percival Cohen, John Bailey, and Jonathan Narcross, and such other persons as may become members thereof, their associates and assigns, be, and are hereby declared a body corporate and politic, by the name and style of the Satilla Steam Saw Mill Company, with a capital of Twenty Thousand Dollars, and the right to increase the same to One Hundred Thousand Dollars, to be divided into shares

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of five hundred dollars each, for the purpose of holding land, and building and erecting a Steam Saw Mill or Mills, in the county of Camden, in the State of Georgia, and to do all lawful acts properly incident to a corporation, and necessary and proper to the transaction of the business for which said company is incorporated. Sec. 2. Be it enacted by the authority aforesaid , That the said company shall have such number and succession of officers and members, as shall be ordained and chosen by the rules and by-laws to be made for their government and direction, and shall have power and authority to make all rules and by-laws for the same, not repugnant to the laws of the land, to have and keep a common seal, and the same to alter at will, to sue and be sued, plead and be impleaded in any Court of law or equity in this State, and shall have and enjoy all and every right and privilege incidental and belonging to corporate bodies, according to the laws of this State. Sec. 3. And be it further enacted by the authority aforesaid , That in all elections, and upon any other subject or question, each stockholder whose stock shall amount to one share, shall be entitled to one vote; each stockholder whose stock shall amount to three shares, shall be entitled to two votes; each stockholder whose stock shall amount to five shares, shall be entitled to three votes; each stockholder whose stock shall amount to eight shares, shall be entitled to four votes; each stockholder whose stock shall amount to ten shares, shall be entitled to five votes; each stockholder whose stock shall amount to fifteen shares, shall be entitled to seven votes; each stockholder whose stock shall amount to twenty shares, shall be entitled to eight votes; each stockholder whose stock shall amount to thirty shares, shall be entitled to ten votes; each stockholder whose stock shall amount to forty shares, shall be entitled to twelve votes; and each stockholder whose stock shall amount to sixty shares, shall be entitled to fifteen votes; but no share or shares shall entitle the holder thereof to vote, unless the same shall have been transferred and held in the name of such stockholder on the books of said company, at least three months previous to the time of voting. Sec. 4. And be it further enacted by the authority aforesaid , That Jonathan Narcross, R. Hazlehurst, John Bailey, Joseph Thomas, Edmund Atkinson, and Hugh Brown, shall be, and are hereby constituted directors of the said company, and to do all acts for the management of the concerns of the same, until an election can take place under the charter; and they are further authorized to open books for the subscription to the stock of said company, either for the whole or any part of said capital as they may deem most expedient, and the subscribers shall in no event be bound for the payment of a larger sum than the amount of their subscription, and their private property shall

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be exempt from all liability on account of any claims against the said company, beyond the amount of its corporate assets; and they are further authorized, so soon as twenty thousand dollars shall have been subscribed for shares of the stock of said company, to call a general meeting of the stockholders of the same, for the purpose of making rules and by-laws for the government of the said company. Sec. 5. And be it further enacted by the authority aforesaid , That the said company shall have the power and capacity to purchase, take, enjoy, sell, and alien lands and tenements, hereditaments, goods, chattels, rights, and credits, which may be connected with, or in any manner conducive to the purpose for which said company is established. Sec. 6. And be it further enacted by the authority aforesaid , That this act shall be and continue of force for twenty years, from and after the passing of the same. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838. AN ACT, To incorporate the Hancock Steam Saw Mill 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 Bell, Reuben J. Battle, John Rudisill, Charles M. Irwin, William R. Battle, John W. Rabun, and Levin E. Culver, and such others as may hereafter be concerned with them, and their successors, heirs, and assigns, be, and they are hereby created a body corporate and politic, by the name and style of the Hancock Steam Saw Mill Company, and that as such they may be capable of sueing and being sued, may plead and be impleaded, contract and be contracted with, and may establish and use a common seal. Sec. 2. And be it further enacted by the authority aforesaid , That said company may appoint a competent number of Directors for conducting its affairs, and that any rules or regulations established by said company, or under their authority, shall be good, valid and binding: Provided , they be not contrary to the laws of this State, or of the United States.

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Sec. 3. And be it further enacted by the authority aforesaid , That said Company shall be capable in law, of purchasing, holding, and conveying any estate, real and personal, necessary for their Milling purposes, and no other. Sec. 4. And be it further enacted by the authority aforesaid , That the persons and property of the stockholders shall be held and deemed liable for all contracts, or debts due, or owed by said company, to the amount of the value of each share or shares that they may severally subscribe for, or hold in said company. Sec. 5. And be it further enacted by the authority aforesaid , That said act of incorporation shall be and remain in full force for the space of twenty years, from and after the passage of this act. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838. AN ACT, To incorporate the Doboy Steam Mills and 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 Armand Lefils, Caleb Earle, Isaiah Rogers, Clark Sayles, Charles Richmond, and John Williams and their associates, and such other persons as are now, or who may hereafter be associased with them, be, and are hereby declared to be a body corporate and politic in law, and in fact under the name, and by the style of the Doboy Steam Mills and Lumber Company; and the persons so incorporated, are hereby authorized and empowered to have and use a common seal, and the same to alter and renew at pleasure, and by their corporate name aforesaid, to have perpetual succession, to sue and be sued, plead and be impleaded, answer and be answered unto, in any Court of law and equity in this State, 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 by-laws and ordinances for their own government, as to them shall seem necessary and expedient: Provided ,

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the same are not repugnant to the constitution and laws of this State, or the provisions of this act, and that the said company shall have power and be capable of receiving and holding by purchase, gift, grant or otherwise all such lands, tenements, mills, wharves, docks and other real or personal property as may be necessary and convenient for the proper conduct and management of their business, with sufficient capital to carry on the same. Sec. 3. And be it further enacted by the authority aforesaid , That the company aforesaid, shall at all times employ and keep an authorized agent or clerk of said company, who shall reside within the limits of McIntosh county, and that Armand Lefils, Clark Sayles, Charles Richmond, and John Williams, or any two of them be authorized to call a meeting of share holders, by giving sixty days notice to each share holder of the time and place of such meeting in writing, directed to their last known place of residence. Sec. 4. And be it further enacted by the authority aforesaid , That the powers and privileges herein granted, shall continue during the space of twenty years. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. STEAM BOATS AND PACKETS. AN ACT, To incorporate the Georgia Steam Packet 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 Robert Habersham, Frederick A. Tupper, Joseph S. Fay, Nowman Wallace, Elias Reed, and such other persons as are or may become stockholders in said company, be, and they are hereby declared to be a body corporate and politic by the name

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and style of the Georgia Steam Packet Company, with a capital of one hundred and twenty thousand dollars, and the right to increase the same to three hundred thousand dollars, to be divided into shares of one hundred dollars each, for the purpose of conveying passengers and transporting goods, wares, and merchandize by Steam Packets, between the city of Savannab, in the State of Georgia, and the city of Charleston, in the State of South Carolina, or between the said city of Savannah, and any other port in the United States, at the election from time to time of the directors of the said company. Sec. 2. And be it further enacted , That the said company shall have such succession of officers and members as shall be ordained and chosen by the rules and by-laws, to be made for their government and direction, and shall have power and authority to make all rules and by-laws, not repugnant to the laws of the land, to have and keep a common seal, and the same to alter at will, to sue and be sued, plead and be impleaded in any Court of law or equity in this State, and shall have and enjoy every right and privilege incidental and belonging to corporate bodies, according to the laws of this State. Sec. 3. And be it further enacted , That in all elections, and upon any other subject or question, each stockholder shall be entitled to vote as follows, viz: one vote for each share, not exceeding five shares, and one vote for each additional five shares which he may hold, and stockholders absent from any meeting shall be entitled to vote by proxy. Sec. 4. And be it further enacted . That the persons above named, shall be, and they are hereby constituted directors of the said company, with power to appoint all agents and officers, to make contracts and to do all other acts for the management of the concerns of the said company until an election can take place under this charter, which shall be on the first Monday of January, in each year, and they are further authorized to take up by subscription in such manner as they may deem expedient, either the whole or any part of the said capital, and the subscribers shall in no event be bound for the payment of a larger sum than the amount of their subscription, and their private property shall be exempt from all liabilities on account of any claim or claims against the company beyond the amount of its corporate assets. Sec. 5. And be it further enacted , That the said company shall have power and capacity to purchase, take, enjoy, sell and alien lands and termements, hereditaments, goods and chattels, rights and credits, which may be connected with, or in any manner conductive to the purposes for which said company is established.

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Sec. 6. And be it further enacted , That the directors shall have power to call on the stockholders to pay in, to the person appointed to receive the same, the amount of their subscriptions in such instalments as they may deem proper, and any stockholder who shall refuse to pay any instalment so called for, shall forfeit to the company all payments which he may have made previous to such refusal. Sec. 7. And be it further enacted , That this act shall be deemed and taken a public act, and shall be and continue of force for the term of twenty years, and shall not be construed to confer any exclusive privilege. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. AN ACT, To incorporate the Fort Gaines Steam Boat 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 William P. Ford, James P. Holmes, John Dill, John R. Anderson, Bolling H. Robinson, Josiah S. Patterson, S. Scarborough, John W. Sutlive, Anthony Hutchins, Elias Simpson, Orin W. Wakefield, and Robert A. Toombs, with their associates, and all such persons as now, 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 Fort Gaines Steam Boat Company of Fort Gaines, and by that name and style may hold, purchase, receive, retain enjoy, sell and transfer real and personal property may, sue and be sued, plead and be impleaded in any Court of law or equity, may have and use a common seal, and the same to break, alter and renew at pleasure, may make such by-laws, rules and regulations as the stockholders and persons appointed by them, to manage the concerns of said company, may deem necessary and expedient: Provided , 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 five hundred dollars each, which shall be held

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by the present members of the company, in the respective proportions fixed upon among themselves and for which the proper officers of said company shall issue certificates in the manner to be provided by their by laws, and said company may commence business and enjoy the benefits of this act, when thirty 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 the 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 five hundred dollars per share, as said stockholders may find expedient: Provided , that the capital stock shall never exceed one 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. 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 directors or agents, elected 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 persons and property of the stockholders for the time being, shall be responsible for the debts and liabilities of said company incurred while they are stockholders, in proportion to the amount held by them, and the privileges granted said company by this act, shall continue for, and during the term of twenty years, and no longer: Provided , that the company shall be bound as in cases of copartnership for their contracts. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 27th December, 1838.

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TAXESCOLLECTORS, AND RECEIVERS. AN ACT, To impose, levy, and collect a Tax for the political year 1839, on property both real and personal, and to inflict penalties for refusing, or neglecting to comply with the provisions 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 Tax act assented to on the twenty-fifth day of December, 1837, together with all acts and parts of acts which said act revives and continues in force, shall be, and the same is hereby revived and continued in force, as the Tax act for the political year one thousand eight hundred and thirty-nine. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor Assented to, 29th December, 1838. AN ACT, To authorize the Justices of the Inferior Court for the county of Butts, to levy and collect an extra tax for the political year one thousand eight hundred and thirty-nine, to compensate Grand and Petit Jurors of the Superior and Inferior Courts of the county of Butts, 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 passing of this act, that if there is not a sufficient sum of money now in the hands of the Treasurer of the county aforesaid, under the existing laws of this State, for the payment of Grand and Petit Jurors for the Superior and Inferior Courts for said county of Butts, for services to be rendered as Jurors in said Courts, for and during the year eighteen hundred and thirty-nine, the said Justices of the Inferior Court be,

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and they are hereby authorized to levy an extra tax to the amount, for the payment of said Jurors, on the general and State Tax for said county. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To authorize the Justices of the Inferior Court of the county of Wayne, to impose and levy an extra Tax, for the support of the 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 Justices of the Inferior Court of the county of Wayne, be, and they are hereby authorized to levy an extra Tax, not to exceed fifty per centum on the general Tax of said county, for the purpose of supporting the poor of said county, at any time that the said Justices of the Inferior Court may deem it expedient. Sec. 2. And be it further enacted , That it shall be the duty of the Justices aforesaid, to secure the collection of the said Tax in the same manner as is provided by law for the securing of 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 27th December, 1838.

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AN ACT, To authorize and require the Justices of the Inferior Court of the county of Montgomery to levy an extra Tax on the citizens of said county, for the years eighteen hundred and thirty seven, eight, and nine, 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 Montgomery, or a majority of them, be, and they are hereby authorized and required to levy an extra tax on the citizens of said county, for the political years one thousand eight hundred and thirty-seven, thirty-eight, and thirty-nine, not to exceed one hundred per cent. on the general tax of said county, for the purpose of raising funds to build a new Jail, and repair the Court House in said county. Sec. 2. And be it further enacted by the authority aforesaid , That it shall be the duty of the Justices of the Inferior Court of said county to secure the collection of said tax, in the same manner as is provided by law for the collection of the general tax of said county, and the Tax Collector of said county shall be allowed the same per centage as is allowed by law for collecting the general tax of said county, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. AN ACT, To repeal an act entitled an act, authorizing the Justices of the Inferior Court of Burke county, to levy an extra Tax, to be applied to the repairing and keeping in order the public roads of said county. Whereas, the Legislature did in the year eighteen hundred and thirty-six, enact a law authorizing the Justices of the Inferior Court of the county of Burke, to levy an extra Tax on the inhabitants of said county subject to Taxation, which extra Tax when collected, was required to be applied to the repairing and keeping in order the public roads of said county, and whereas, said law has been found to be inconvenient, and oppressive to the citizens of said county, without any corresponding benefit, for remedy thereof,

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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 said law be repealed in all its parts. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838. AN ACT, To authorize the Inferior Court of the counties of Hancock and Muscogee to levy an extra tax in said 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 the Inferior Court of the county of Hancock be authorized to levy and collect in said county annually hereafter, upon property and subjects taxable by law, a sum sufficient to answer the public exigencies, by assessment, not exceeding one hundred per cent. on the amount of the general tax in said county; and that said Court be authorized to take a sufficient bond of the Collector, for such additional assessment. Sec. 2. And be it further enacted by the authority aforesaid , That the Inferior Court of the county of Muscogee be authorized to levy and collect in said county annually hereafter, from property and subjects taxable by law in Muscogee county, a sum sufficient to answer the public exigencies, by assessment not exceeding one hundred per cent. on the amount of the general tax in said county, and that said Court last mentioned be authorized to take a sufficient bond of the Collector, for such additional assessment. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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AN ACT, To exempt from taxes, the property of the Georgia Female College, 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 from and after the passage of this act, the Georgia Female College in the City of Macon, in said State, together with the real estate held by the same, and all appurtenances appertaining thereto, for the purpose of College and out buildings, within the corporate limits of said City, be and the same are hereby exempt from all taxes whatsoever. Sec. 2. And be it further enacted by the authority aforesaid , That the Tax Collector in the county of Bibb, be, and he is hereby authorised to enter a release for all taxes heretofore returned by the said Georgia Female College to the same, or to the Trustees thereof. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. AN ACT, To authorize the Justices of the Inferior Court of Bibb county, or a majority of them, to fix the amount of the bond of the Tax Collector of said 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 , That from and after the passage of this act, the Justices of the Inferior Court of the county of Bibb, or a majority of them, shall and may fix the amount of the bond of the Tax Collector of said county of Bibb: Provided , the amount of the bond so required, shall not exceed an amount double that of the amount of the tax for the year immediately preceding that for which the Tax Collector may hereafter be elected. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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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-eight and nine, not to exceed one hundred per centum, on the general tax of said county, for the purpose of repairing the bridges of said county, and for other county purposes; and the said Court is hereby empowered to cause the collection of said tax for eighteen hundred and thirty-eight, at any time within four 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 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 29th, 1838. AN ACT, To authorize and require the Clerk of the Inferior Court of the county of Walker, to furnish the Tax Collector of the county of Dade, with a Digest for 1837, of the taxable property of that portion of the citizens of Walker, who were subsequently included in the county of Dade. 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 who may be next hereafter elected and commissioned for the county of Dade, be and he is hereby authorized and required to call upon the Clerk of the Inferior Court of the county of Walker, for a Digest for 1837, of the taxable

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property of that portion of the citizens of Walker who were subsequently included in the aforesaid county of Dade. Sec. 2. And be it further enacted by the authority aforesaid , That it shall be the duty of the Clerk of the Inferior Court aforesaid, to furnish said Digest: Provided , the Tax Collector aforesaid, shall first pay to such Clerk, whatever compensation the Inferior Court of the county of Walker may allow him, for said service: And provided further , that said Tax Collector shall pay Wm. Catlett, Receiver of Tax Returns, for the year 1837, his respective commission for said service, and the balance of the sum which said Tax Collector shall receive for the taxes aforesaid, shall be paid by him, to the Clerk of the Inferior Court of said county of Dade, after having deducted his own commissions for collecting said Taxes. Sec. 3. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act be and and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To regulate and equalize the fees between the officers of Tax Collector, and that of the Receiver of Tax Returns, so far as relates to the county of Decatur. 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 receiver of tax returns of said county of Decatur, to demand and receive of the county Treasury, of the said county the same rate per cent. on the amount of funds that may hereafter be levied and collected for county purposes, as they are now allowed by law on the amount of State tax in such manner as the Inferior Court may order and direct, so as to make the fee of the receiver of tax returns of said county of Decatur, equal with that of the tax collector of said county. Sec. 2. And be it further enacted , That it shall be the duty of the Inferior Court of said county of Decatur, on application of the receiver of tax returns, to order and direct the

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Treasury of said county, to pay to such applicant the same rate per cent. on the amount of county tax that may hereafter be collected for county purposes: Provided , that no such compensation shall be allowed to be extended to any person or persons for services already rendered, but only to be demanded on the tax digest hereafter to be made out for said county of Decatur, any law, usage or custom to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838. AN ACT, To consolidate the offices of Tax Collector and Receiver of Tax Returns of the counties of Forsyth, Carroll, Madison, Habersham and Ware. 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 offices of tax collector and receiver of tax returns, so far as respects the counties of Forsyth, Carroll, Madison, Habersham and Ware, shall be, and are hereby consolidated, and the person elected to fill such office shall receive as compensation for his 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 27th December, 1838.

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AN ACT, To authorize and require the Receiver of Tax Returns for the county of Fayette, to allow in his digest for the present year, eighteen hundred and thirty-eight, to persons over-taxed in said county during the past year, such surplus; and to authorize and require the Justices of the Inferior Court for said county to refund the same, by receiving in such cases from the Tax Collector a diminished Tax, and to refund, if necessary, the difference between the legal tax, and that assessed by said Receiver. Whereas, the Receiver of Tax Returns for said county did, in his digest of the general tax, for the year eighteen hundred and thirty seven, assess in certain cases, a higher tax on certain lands than that authorized by law: And whereas said increased Tax was collected by the Tax Collector of said county, and paid over to the Treasurer 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 Receiver of Tax Returns for said county be, and he is hereby authorized and required to allow in his digest for the present year, to persons whose lands or other property have been assessed during the past year with a higher tax than that required by law, such surplus so assessed: Provided , that it such surplus exceed the tax on said lands, or other property, required to be paid for the present year, that said persons be allowed said exces in the payment of other taxes, and if any portion, after such allowance, shall remain overpaid, that the Treasurer of said county be, and he is hereby authorized and required to refund such portion to said person or persons so overtaxed. Sec. 2. And be it further enacted by the authority aforesaid , That the Justices of the Inferior Court of said county, be, and they are hereby authorized and required to receive from the Tax Collector of said county, in his payment to the County Treasurer of the general tax for the present year, eighteen hundred and thirty-eight, the respective sums diminished by the allowance by the Receiver in his digest, of said surplus of tax so assessed, and to allow any portion remaining overpaid, after the surplus or excess allowed in the digest for the present year, to be refunded to said person or persons so overtaxed. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838.

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AN ACT, To compel Steam and Thompsonian Doctors, to pay the annual Tax of regular Medical Doctors and Lawyers 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 all practitioners of the Steam and Thompsonian system, shall pay the annual tax paid by regular Medical Doctors of this State. Sec. 2. And be it further enacted , That after the passing of this act, any Steam or Thompsonian practitioner, who shall be found practicing without paying the annual tax of Medical Doctors, shall be fined five hundred dollars for every such offence. Sec. 3. And be it further enacted , 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. TESTIMONY. AN ACT, To amend an act to regulate the mode of taking Testimony by commission and de bene esse within this State, and to alter and amend the several laws relating thoreto, approved 20th December, 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 the act (for which this is amendatory) more effectually to ensure the testimony of witnesses going beyond sea, and aged and infirm persons, passed on the 8th day of April, 1806, which had been repealed, and again re-enacted, and declared to be operative and effective in all cases pending, or which may be brought in the several Courts of this State, by act of 20th December, 1823, be amended as to read as follows, to-wit: that in case either

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plaintiff or defendant may deem any witness or witnesses material in any cause or causes pending in any of the Courts of law and equity, of this State, and who are going beyond seas, removing without the county, or beyond the jurisdiction of the State, or whose official or other business would require his absence from the county, at the term of trial of said cause,) or from age, or other bodily infirmity may be unable to attend Court, it shall and may be lawful to examine any such witness or witnesses under commission, or serving and filing interrogatories in the manner prescribed by law, in case where witnesses reside out of the county: Provided , that in case the person or persons whose testimony shall have been taken, return or be able to attend, that then and in that case, such written testimony shall not be received or read. Sec. 2. And be it further enacted by the authority aforesaid , That all laws, or parts, or amendments of laws militating against this amendatory act, be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. THEATRE. AN ACT, To incorporate the Savannah Theatre 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 Elias Reed, J. P. Henry, G. B. Lamar, Edward Paddleford, and Robert Habersham, and such other persons as are now proprietors of the lot and building in the city of Savannah, known as the Theatre, and their successors and assigns, be, and they are hereby made a body corporate, by the name and style of the Savannah Theatre Company, and under such name shall have authority to have and use a common seal, make by-laws, elect officers, have perpetual succession, have and enjoy real estate, and exercise all such powers and privileges, and be subject to all such liabilities and restrictions as are incident to a body corporate. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 27th December, 1838.

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VOLUNTEERS. AN ACT, To provide for the payment of the Militia of this State, who were called into the public service by the proper authorities, and to provide for the payment of provisions and other necessaries furnished, either by themselves or others, and other expenses legally incident to such service, and also to provide for the payment of any unorganized body of men, who upon any sudden emergency acted with the troops regularly in service, in repelling the said Indians, and for the payment of supplies furnished them, and for the payment of men who acted independently of regular troops, and to appoint a commissioner to audit the accounts 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 accounts for the pay due the Militia, called into the service of the State by the proper authority during the present year, to repel the invasion of the Indians in the Okefinokee Swamp, and the accounts for the provisions and other necessary supplies furnished, and expenses legally incurred by them, and also the accounts for the pay of any unorganized bodies of men, who, upon any sudden emergency, and the men and officers, who acted under commission or appointment from a higher officer, or appointed to the command by the members of the company, shall be paid at and after the same rate that officers and men are paid for like service in the United States service, who actually performed service in repelling said Indians, and the accounts for provisions and other necessary supplies furnished and expenses incurred by them, and also the accounts for pay and provisions furnished any organized companies, who upon like emergency acted independently of the troops regularly in service, shall be examined, audited and paid by a competent person to be appointed by the Governor, who shall give bond and security for the faithful performance of his duty in double the amount received by him from the Treasury. Sec. 2. And be it further enacted , That the person so appointed shall have power to administer oaths and take affidavits of witnesses for the purpose of ascertaining the rectitudes of demands, to be by him allowed and paid over to each officer who commanded a company, the amount, on his producing sufficient testimony of the rectitude of his roll, and his giving bond and security to his Excellency the Governor, in double the amount he may receive, to pay each individual the amount due him for his services, and expenses under this act, he shall be paid out of the Treasury such sums as shall be deemed by the Governor to be [Illegible Text] [Illegible Text]

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Sec. 3. And be it further enacted , That the sum of fifty thousand dollars, or so much thereof as may be necessary, be, and the same is hereby specially appropriated to be paid out of any monies in the Treasury not otherwise appropriated, for the purpose of carrying into effect the provisions of this act. Sec. 4. And be it further enacted , That his Excellency the Governor, be, and he is hereby authorized and requested to take the necessary measures to cause the amount so audited and paid out, to be reimbursed by the Government of the Unied States. Sec. 5. And be it further enacted , That his Excellency the Governor, is hereby authorized and requested to appoint two competent persons, to one or other of whom all accounts shall be rendered for claims on account of provisions furnished to any troops or services rendered by persons, who were in the service of the State, in the campaign against the Creek Indians, and in the Cherokee country, who had been ordered out under the command of the Governor, or the commanding Officer of the Brigade or Division, or the Colonel of the county, and in the several expeditions into the Territory of Florida, whether mustered into service or not, and for clothing and necessaries furnished to them, and the persons so appointed do receive such accounts, and the evidence in support thereof, and report the same to the Governor, and that the Governor be requested to pay the amount of the claims as just and well founded by warrant on the Treasury from the military fund: Provided , that said commissioner shall before he audits any of said accounts, shall receive satisfactory evidence that the articles of provisions, clothing and necessaries for which pay is claimed, were necessary, were purchased in good faith, and applied to the use of said troops, and that they were furnished at reasonable and customary prices, and that said articles were procured by the order of the Governor. Sec. 6. And be it further enacted , That the several accounts shall be supported by the oath of the claimant, and such other evidence in writing as he may be able to adduce, and in all cases the commissioner shall be satisfied of the truth and accuracy of the accounts and the reasonableness of the charges, and that so much thereof as may be chargeable to the Government of the United States, shall be transmitted to that Government for reimbursement. Sec. 7. And be it further enacted , That one commissioner shall be appointed for the Cherokee country, and middle Georgia, and one for the counties west of the Ocmulgee river, and south of the road leading from the seat of Government to Columbus, each of whom shall receive for his services, such compensation as shall be deemed proper by the Government.

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Sec. 8. And be it further enacted , That the commissioners hereby directed to be appointed, shall give thirty days notice in one or more of the Gazettes published in Milledgeville, of the time and place, when and where he will receive and audit accounts. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 1st January, 1839. VOLUNTEER COMPANIES. AN ACT, To incorporate a Volunteer Corps of Infantry in the City of Milledgeville, and to grant unto it certain privileges. 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 Volunteer Corps of Infantry now existing in the City of Milledgeville, under the name of Metropolitan Greys, be, and the same are hereby incorporated and made a body politic and corporate, by the above name, and by that name, or any other which a majority of said Corps shall select, be, and they are hereby made capable in law to sue and be sued, plead and be impleaded, and to have a common seal, and to hold such property, real and personal, by gift or purchase, as may be found necessary for the convenient and beneficial administration of the affairs of the said corps, with authority to establish bylaws for the government thereof: Provided , said by-laws shall not infringe the Constitution and Laws of this State, or of the United States,and that the Governor, on the requisition of the Captain, be requested to furnish the said corps with arms. Sec. 2. And be it further enacted , That the officers of said company shall be as follows, that is to say, for forty rank and file; including non-commissioned officers, one Captain, one first Lieutenant, one second Lieutenant, and one Ensign; for sixty-four rank and file, including non-commissioned officers, one additional Lieutenant. And said officers shall constitute a Court of Enquiry, to hear and determine on all cases of delinquency or breach of the by-laws of said corps, as well as all trials for

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unmilitary and ungentlemanly conduct, and to award suitable punishment there for, from whose decision there may be an appeal to a Division Court Martial, convened by the Maj. General of the third Division of Georgia Militia, and in case of no appeal within ten days after the award of judgment by said Court of Enquiry, the said judgment shall be final and enforced as decrees of Courts of Enquiry are directed to be enforced by the Laws of this State. Sec. 3. And be it further enacted , That all persons enrolled as members of said corps, or who may hereafter enrol themselves members thereof, shall be exempt, and they are hereby declared to be exempted from all Militia duty, excepting what shall be required of them as members of said corps, and from all road, patrol and jury duties, so long as they faithfully continue in the service of said corps, and do and discharge all the duties required of them as members thereof: Provided , said exemptions shall not, and they are hereby declared not to excuse or exhonerate the members of said corps from doing Militia duty in times of invasion, insurrection, rebellion or actual war: And provided furthermore , it shall be the duty of the commanding officer of said corps, and he is hereby expressly required to report to the proper civil authorities, the names of all such member or members who may, or shall at any time be dismissed, or who may or shall withdraw from said corps, in order that said exemptions or privileges hereby extended, may in such cases cease and be determined. Sec. 4. And be it further enacted , That a certificate of the commanding officer, specifying the names of the members of said corps, shall be made out and delivered to the Inferior Court of Baldwin county, and all other civil authorities, exercising control over the road, patrol and jury duties, in and for said county, while said certificate shall be deemed and held sufficient evidence to exempt the persons therein named, from doing road or patrol duty, or serving on any of the juries in and for said county, during the time that such persons shall belong to said corps. Sec. 5. And be it further enacted , That the said corps shall be annexed to the third Division of Georgia Militia, and be subject to the annual drills and inspection usually ordered for such Division; and that all laws or parts of laws militating against the true intent and meaning of this act, be, and they are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 31st December, 1838.

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AN ACT, To incorporate a Volunteer Company of Cavalry, in the County of Wayne, to be known by the name and style of Wayne Volunteer Guards, and to give to them certain privileges and exemptions. 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 soon as any number of citizens of the county of Wayne, liable to do Militia duty, shall associate themselves together to the number of twenty five or more, first having chosen their officers, and notify the commanding officer of the regiment to which they are liable to perform Militia duty, that it is their desire to form a Volunteer Company, it shall be the duty of the commanding officer, to transmit to his Excellency the Governor, the number of men comprising said company, together with the names of the persons chosen as officers to command the Volunteer Company of Cavalry for said county, to be known by the name and style of the Wayne Voluteer Guards, and by and under that name, to be vested with all corporate powers, to pass all by-laws, rules and regulations for the government of said company, not contrary to the Constitution of this State, or the laws thereof. Sec. 2. And be it further enacted 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 Enquiry, and try and fine defaulters or 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 Enquiry in this State. Sec. 3. Be it further enacted by the authority aforesaid , That so long as said company shall contain the aforesaid number of members in uniform, they shall be exempt from all other Military duty, except in case of invasion or war. Sec. 4. And be it further enacted by the authority aforesaid , That said company shall enforce and exercise the corporate powers and privileges with which it shall be invested by virtue of this act, so long as said company shall contain twenty-five members in uniform. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 31st December, 1838.

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AN ACT, To incorporate a Volunteer Rifle Company in Pike county, to be called and known by the name of the Van Buren Rifle Company, composed of part of the citizens of Monroe and Pike 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 the company of Riflemen at Van Buren, in Pike county, composed of a part of the citizens of Monroe and Pike counties, known by the name of the Van Buren Rifle Company, commanded by Captain William H. Gunn, be, and are hereby incorporated under the name and style of the Van Buren Rifle Company, and that the members thereof, are hereby authorized and empowered to form such rules and regulations, and pass such by-laws for their own government and regulations as they may think proper; which by-laws and regulations when formed and passed shall be binding on the members of such company to all intents and purposes: Provided , that such by-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 Officers of said company, of three or more, two of whom shall be commissioned officers, shall be competent to form a Court of Inquiry, and to try and fine delinquents for non-attendance or other defaults, or misconduct, as members of said company, which Court shall be governed by the laws and rules regulating company Courts of Inquiry in this State. Sec. 3. And be it further enacted by the authority aforesaid , That that part of said company which may reside in the county of Monroe, shall be required to perform their military duty in the county of Pike, and shall be exempt from military duty in the county of Monroe. Sec. 4. And be it further enacted by the authority aforesaid , That his Excellency the Governor, shall commission the officers of said company, as soon as he shall be officially notified that said company has enrolled as many as sixty privates besides those which may be nominated by said company as officers, which persons so nominated as officers, his Excellency is hereby required to commission. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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AN ACT, To incorporate a Volunteer Company in the county of Jasper, to be known as the Jasper Guards. 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 volunteer company in the county of Jasper, known as the Jasper Guards, be, and the same is hereby declared to be incorporated, and to be attached to, and become a part of the Georgia Guards; and that the several persons and members of said company, and others who shall hereafter become such, and the succession of officers and members thereof, shall under said name and style, have perpetual succession of officers and members, with power to make, alter, change or amend such by-laws and regulations as may be agreed on and adopted by the officers and members of said company for the government thereof: Provided , the same be not contrary to the laws and constitution of this State and the United States. Sec. 2. And be it further enacted , That said company may pass such by-laws in reference to the time of muster and Courts of Inquiry, as they may think fit and proper, and that they shall in all respects be placed on the same footing with all the rights, privileges, immunities and exemptions, as were conferred on other cavalry companies, which were authorized to be formed by an act of the General Assembly, creating the Georgia Guards. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838. AN ACT, To incorporate a Volunteer Company in the county of Marion, known as the Marion Dragoons. 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 Volunteer Company now commanded by Captain Daniel Hightower, be, and they are hereby incorporated under the name of the Marion Dragoons.

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Sec. 2. And be it further enacted , That the members of said Company shall have power and authority to pass all by-laws that they may deem necessary for their own government: Provided , such by-laws shall not be repugnant to the Constitution and laws of this State, and of the United States. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to 27th December, 1838. AN ACT, To incorporate a Volunteer Company in the town of West Point, by the name and style of West Point Guards. 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 the volunteer company of West Point, be, and is hereby incorporated, by the name and style of the West Point Guards, which shall be authorized to pass such rules, regulations, and by-laws for the government of said company, as a majority of said company may agree upon. Sec. 2. Be it further enacted , That the West Point Guards shall be composed of at least sixty-four privates, besides legal officers elected under the provisions of the law, made and provided in such cases. Sec. 3. Be it further enacted by the authority aforesaid , That on an official report of the organization of said company, by the superintendents of said election, to his Excellency the Governor, he shall be authorized to transport to the town of West Point, a sufficient number of Muskets, Bayonets, Belts and Cartridge Boxes, to equip said company. Sec. 4. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, December 29th, 1838.

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WILLS. AN ACT, To authorize the probate of Wills in certain cases, in the county where the testator died or may die. 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 any person shall depart or has departed this life testate, and when without the limits of the county of the citizenship of said testator, it shall and may be lawful for the Will of the said testator to be admitted to probate in the county of the residence of the witnesses to the Will of any testator as aforesaid: Provided , said witnesses shall reside at the time of the probate of the Will, in the county where said testator died or may die. Sec. 2. And be it further enacted by the authority aforesaid , That the certificate under the hand and official seal of the Clerk of the Court, where such probate may be made, shall be sufficient authority and evidence of probate, to authorize the granting of letters testamentary, or administration, with the Will annexed, and in the proper county, and ueder legal restrictions by proper authority. Sec. 3. And be it further enacted , That the Clerk of the Court where such Will may be proven as aforesaid, shall transmit the original Will, together with the certificate aforesaid, to the Clerk of the Court of the county where letters testamentary or administration are, or may be granted, and it shall be the duty of the Clerk of the Court last aforesaid, to record said Will, as is now provided by law, and when a caveate shall be filed to said Will, the same shall be tried in the county where such letters testamentary or administration are or may be granted. Sec. 4. 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. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 29th December, 1838.

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AN ACT, To mark the dividing line between the Counties of Appling and Ware. Whereas, the dividing line between the counties of Appling and Ware has never been run, and whereas, it is impossible that the citizens living near what is understood to be the dividing line, can know in which county they reside, and great inconvenience and confusion is constantly arising therefrom, 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 Inferior Courts of Appling and Ware counties be, and each of them are hereby authorised to appoint and employ a Commissioner to run, and mark out the dividing line between the counties of Appling and Ware, agreeable to an act passed the 15th December 1824, organizing the county of Ware, and that the expences be paid by the Inferior Courts of said counties. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838. AN ACT, To amend the 2nd section of the 3d Article of the Constitution Whereas, the second Section of the third 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 continuation in office, but shall not receive any other perquisites or emoluments whatever, from parties or other, 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 repuisitions 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 other, 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. CHARLES DOUGHERTY, President of the Senate.

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EXECUTIVE DEPARTMENT, Geo. [UNK] Milledgeville, 22nd March 1839. Whereas, the seventh section of an act to amend an act to establish a general system of Education by Common Schools, assented to, 26th December, 1837, passed at the last session of the Legislature, requires that the Governor cause to be printed in the Acts of 1838, so much of the above recited act as this act does not repeal. It is Ordered, that P. L. Robinson, Esquire , State Printer, cause to be printed in the Acts of the year 1838, the first, fourth, fifth, sixth, seventh, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, seventeenth, eighteenth, and nineteenth sections of the Act to establish a general system of Education by Common Schools, assented to 26th December, 1837. By order of the Governor, JOHN H. STEELE, S. E. D. 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 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

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vacancies happen in such Board of Commissioners, by death, resignation or otherwise, the same shall be filled by the Board itself. Sec. 3. 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. 4. 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. 5. 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 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. 6. 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

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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. 7. 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. 8. 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 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. 9. 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 stationary for children, whose parents are unble to furnish the same. Sec. 10. 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 preceeding, or then ending. Sec. 11. 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. 12. 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 of damages so receovered, shall be collected out of the private property of such Commissioners, and [Illegible Text] [Illegible Text] of the School.

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Sec. 13. 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. 14. 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 same into school districts, but they shall employ a suitable number of Teachers who shall, under their directoins, 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. 15. 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. JOSEPH DAY, Speaker of the House of Representatives. CHARLES DOUGHERTY, President of the Senate. GEORGE R. GILMER, Governor. Assented to, 28th December, 1838.

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RESOLUTIONS which ORIGINATED IN SENATE. IN SENATE. Resolved , That both branches of the General Assembly of the State of Georgia, convene in the House of Representatives on this day, at 3 o'ciock P. M., for the purpose of electing a Major General in the second and ninth divisions of the State of Georgia, and a Brigadier General in the second brigade of the second division, and a Brigadier General in the second brigade of the sixth division, and a Brigadier General of the second brigade of the eighth division, and a Brigadier of the second brigade of the eleventh division, and a Brigadier General in the first brigade of the seventh division. In Senate, read and agreed to, 8th Nov. 1838. CHARLES DOUGHERTY, President of the Senate. AttestRobert W. Carnes, Secretary pro tem . In House of Representatives, concurred in, 8th Nov. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. GEORGE R. GILMER, Governor. Approved, 8th November, 1838. IN SENATE. Resolved , That Moody Burt, of Columbia county, be, and he is hereby appointed a Commissioner on that part of Savannah river, between the city of Augusta and town of Petersburg, in place of Humphrey Evans, who declines serving, and that his Excellency the Governor be and he is hereby authorized to

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draw his warrant in favor of said Commissioner heretofore appointed, with the one now appointed, for the amount appropriated to that part of said river, on which they appointed Commissioners, the said Commissioners first depositing their bond with his Excellency the Governor, in double the amount of the appropriation, with a provision for the faithful disbursement thereof, and reporting their proceedings as required by law, annually to the Governor, to be communicated to the Legislature. In Senate, agreed to, 12th Dec. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. In House of Representatives, concurred in, 21st Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. GEORGE R. GILMER, Governor. Approved, 24th December, 1838. IN SENATE. Whereas, the Legislature of this State, did on the 15th day of December, 1828, pass a resolution requiring the Governor to have the true line run between the Creek and Cherokee tribe of Indians; and Col. Samuel A. Wales, being appointed by the Governor, to ascertain and run the same, did during the year 1829, run and mark a line from Suwanee old town on the Hightower, and thence down said stream to the mouth of Wills' creek on the Coosa. And whereas, in consequence of said line being run as the true line between the State of Georgia, and the Cherokee tribe, many of our citizens were induced to settle on the lands lying south of said line, as on the lands of the State of Georgia, and after having planted crops of corn and cultivated the same to maturity, had the same destroyed by a detachment of United States troops, under the command of a United States Officer, and whereas it is not, and never has been the policy of the State of Georgia, to permit aggressions to be made upon her soil, and the right of her citizens without having redress made for the same. Resolved by the Senate and House of Representatives of the State of Georgia , That our Senators in Congress, are instructed, and our Representatives requested to exert themselves to have compensation made to such persons as had their crops burned and their property destroyed by the United States troops, south of Wales' line.

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Resolved , That his Excellency the Governor, be requested to transmit one copy of this Resolution to each of our Senators and Representatives in Congress. In Senate, agreed to, 28th Nov. 1838. CHARLES DOUGHERTY, President of the Senate. AttestRobert W. Carnes, Secretary pro tem . In House of Representatives, concurred in, 25th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. GEORGE R. GILMER, Governor. Approved, 26th December, 1838. IN SENATE. Resolved by the Senate and House of Representatives of the States of Georgia in General Assembly met , That our Senators and Representatives in Congress be respectfully and earnestly solicited to use their exertions to cause to be established and carried into effect, as soon as practicable, a mail route from the City of Augusta, via Waynesboro', Swainsboro,' Mount Vernon, McMillan's Mills, Lumber City, Jacksonville, Irwinville, Troupville, and Thomasville, Georgia, to Tallahassee, Florida. And be it further Resolved , That his Excellency the Governor be requested to forward to each of our Senators and Representatives in Congress a copy of these Resolutions. In Senate, agreed to, 12th December, 1838. CHARLES DOUGHERTY, President of the Senate. TestR. W. Carnes, Secretary pro. tem . In House of Representatives, concurred in, 26th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. GEORGE R. GILMER, Governor. Approved, 27th December, 1838. IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the Governor be, and he is hereby authorized to employ, in behalf of the

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State, suitable counsel to defend the actions now pending in the Superior Court of Habersham county, in favor of the heirs and representatives of Samuel Ward and Walter Adair, against George D. Phillips and others. In Senate, agreed to, 24th December, 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. In House of Repesentatives, concurred in, 26th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. GEORGE R. GILMER, Governor. Approved, 27th December, 1838. IN SENATE. Resolved by the Senate and House of Representatives , That the persons to be appointed by the Governor under a concurred Resolution, to inquire into, and report upon the claims of Peter Trezevant and others, before they shall enter upon the discharge of that duty, shall take and subscribe the following oath:I, A. B., do solemnly swear or affirm, that I am not concerned, and will not become concerned in, or in any wise interested, either directly or indirectly, in the said claims of Peter Trezevant and others against the State of GeorgiaSo help me God. Which oath shall be filed in the Executive Office. In Senate, agreed to, 26th December, 1838. CHARLES DOUGHERTY, President of the Senate. AttestRobert W. Carnes, Secretary pro. tem . In House of Representatives, concurred in, 26th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. GEORGE R. GILMER, Governor. Approved, 28th December, 1838. IN SENATE. Whereas, General Nelson's Brigade during its late tour of duty in Florida, was exposed to much hardship and suffering, and many of the patriotic citizens composing that Brigade

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lost horses provided by themselves, and are not in circumstances to await longer the compensation therefor, provided by an Act of Congress, but still withheld. And Whereas, the said Brigade was composed of twenty-two companies, in each of which there was one Captain, two Lieutenants, and one Ensign; and when said Brigade was mustered into the service of the United States, each company was mustered with that compliment of officers, and did duty accordingly; and when afterwards said Brigade was mustered out of service, the same mustering officer allowed but three commissioned officers instead of four, whereby each Ensign of each company was considered only as a private, and paid accordingly, to their manifest injury; inasmuch during the whole campaign they had respectively been considered as officers, done and performed duty as such, and as such were necessarily subjected to a greater expense to maintain the dignity of their offices, than as privates they would have incurred; and the said Ensigns were led to this expense, believing that they would be paid accordingly: Be it therefore Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That our Senators in Congress be instructed, and our Representatives be requested, to urge the immediate adjustment and settlement of those claims for horses, (property of volunteer soldiers of Nelson's Brigade,) lost in the campaign of that Brigade in Florida, and in its marches to and from Florida. And be it further Resolved , That our Senators be instructed, and Representatives requested, to obtain an appropriation from Congress, which shall do justice to those persons of said Brigade who did actually do duty during that campaign as Ensigns or Lieutenants, and shall provide for the pay to which, in such capacity, they were entitled. In Senate, agreed to, 7th December, 1838. CHARLES DOUGHERTY, President of the Senate. AttestRobert W. Carnes, Secretary pro. tem . In House of Representatives, concurred in, 26th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. GEORGE R. GILMER, Governor. Approved, 27th December, 1838.

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IN SENATE. Whereas, the time of letters and papers from Milledgeville to Rossville, and in that direction, is about ten days to the hundred miles. And whereas, this slow and tardy communication arises entirely from the fact that there is no direct and continuous mail route, but that letters and papers are conveyed to and from the North-west part of the State by numerous and badly arranged cross-routes. Wherefore, Resolved , That our Senators and Representatives in Congress be, and they are hereby requested, to procure the establishment of a direct mail route from Milledgeville, via Monticello, McDonough, Fayetteville, Campbellton, Villa Rica, Van Wert, Rome and La Fayette, to Rossville. Resolved , That his Excellency be, and he is hereby requested, to transmit a copy of these resolutions to our Senators and Representatives in Congress. Be it further Resolved by the authority aforesaid , That the Representatives and Senators of this State in the Congress of the United States, be, and they are hereby requested, to use their best exertions to have a mail route declared by law from a point on the Georgia Railroad in Warren county, known as the Double Wells, to Washington, in Wikes county, thence to Elberton, Carnesville, and Clarkesville, in such manner that the mails may be carried on said route tri-weekly in four horse post coaches. Be it further Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That our Senators and Representatives in Congress be requested to use their best endeavors to have established, a mail route from Clarksville, Habersham, to Clayton, in Rabun county, to be carried twice a week, in two horse stages, and to be formed by an extension or continuaton of the present two horse stage route, from Athens in this State, to the said village of Clarksville. Also, to have a mail route from Perry's Mills, in Tatnall county, to Eden, in Effingham county, by Reidsville and Bull Creek. Also, a mail route from Hawkinsville to Troupville, in Lowndes county, through Irwin county. In Senate, agreed to, 30th November, 1838. CHARLES DOUGHERTY, President of the Senate. AttestRobert W. Carnns, Secretary pro. tem . In House of Representatives, concurred in, 25th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. GEORGE R. GILMER, Governor. Approved, 28th December, 1838.

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IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia , That his Excellency the Governor be, and he is hereby requested to forward to the Judges of the Inferior Court of the county of Marion, sixteen copies of Green Lumpkin's Georgia Justice, for the use of the Justices of the Peace of said county, and four copies for the county of Sumter. In Senate, agreed to, 14th November, 1838. CHARLES DOUGHERTY, President of the Senate. AttestRobert W. Carnes, Secretary, pro. tem . In House of Representatives, concurred in, 26th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. GEORGE R. GILMER, Governor. Approved, 29th December, 1838. IN SENATE. Be it resolved by the Senate and House of Representatives of Representatives in General Assembly met, and it is hereby resolved , That our Senators in Congress be, and they are hereby required, and that our Representatives be requested to apply to the proper authorities, to have established as soon as convenient to the Department, a mail rout, three times a week, each way, from Augusta to Tuscaloosa, Alabama; the mail to be carried on the Georgia Rail Road as far as its Western terminus, thence by four horse post coaches to Tuscaloosa, and back, three times a week, to go by the following places: Madison, Morgan county; Covington, Newton county; McDonough, Henry county; Fayetteville, Fayette county; Newnan, Coweta county; Rotherwood and Carrollton, Carroll county; thence by Ookfurkee, Talladega, Kimulgee, and thence take the Stage road to Tuscaloosa. In Senate, agreed to, 27th Dec. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. In House of Representatives, concurred in, 28th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. GEORGE R. GILMER, Governor. Approved 29th December, 1838.

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IN SENATE. Whereas, the law organizing and specifying the duties of the Commissioners of the Western and Atlantic Rail Road, does not clothe the Commissioners with the power to locate the terminus of said Road: And whereas the interest of the State requires that said terminus be located at such eligible point, and under such circumstances as to secure all the advantages to be derived from a continuous communication with the trade of the West, and North-West: And whereas, it is to be presumed that the said Board of Commissioners have not sufficient information at the present, to settle definitely the location of said terminus: Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the Board of Commissioners for the Western and Atlantic Rail Road, be required to examine the country upon the Tennessee river, with the view of locating the terminus of said Road, and after such reconnoisance and examination, they the said Board of Commissioners, by and with the concurrence of the Executive of the State, shall, as soon as they may deem the public interest to require, make the permanent location of the North-western terminus of the said Western and Atlantic Rail Road. Resolved , That the Commissioners aforesaid be, and they are horeby instructed to enquire whether any Engineer, or assistant Engineers, employed on the Western and Atlantic Rail Road, has been, or hereafter may be, or is concerned directly or indirectly in the purchase of land, at any point on the Tennessee river proposed as a terminus of said Rail Road, or elsewhere on said Road before the rout was fixed, and especially at or near the mouth of Chickamaugee creek,; and if the said Commissioners shall be satisfied that any Engineer, or Assistant Engineer in the employ of the State, is, or has been, or hereafter may be engaged, or concerned, directly or indirectly, in the purchase of land, at or near the mouth of said creek, that they forthwith discharge said Engineer, or Assistant Engineer from the service of the State. In Senate, agreed to, 10th Dec. 1838. CHARLES DOUGHERTY, President of the Senate. AttestRobert W Carnes, Secretary pro tem . In House of Representatives, concurred in, 26th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. GEORGE R. GILMER, Governor. Approved, 29th December, 1838.

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IN SENATE. Whereas, a dispensation of Divine Providence has removed from among us, a brother Senator, in the decease of Robert Brown, late the Representative of Murray county, in the Senate of this State, and the impending adjournment of the General Assembly, after a protracted Session, prevents the performance of the usual melancholy duties of attending his interment. Be it Resolved by the Senate and House of Representatives , That this General Assembly deplore the loss which it has sustained in its deceased member, and sincerely condole with his bereaved family. Resolved , That a suitable and permanent monument be erected to his memory in the Cemetry of this city, and that his Excellency the Governor be authorized and required to defray the expenses of such monument, and the expenses of his interment, out of the contingent fund. Resolved , That the members of the General Assembly will wear crape on the left arm for thirty days, in testimony of their respect for the deceased. Resolved , That a copy of these Resolutions be transmitted to the widow of the deceased. In Senate, agreed to, 29th December 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. In House of Representatives, concurred in, 29th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. GEORGE R. GILMER, Governor. Approved, 29th December, 1838. IN SENATE. Be it Resolved by the Senate and House of Representatives , That a Committee of five be, and they are hereby appointed to examine into, and report to the next Session of the Legislature, the condition of the Penitentiary, in relation to its debts, and the amount due said Institution. Also, the expenditures and receipts of all monies connected with said Institution, for the last three years, and that said Committee report to the next Legislature a system of police for said Institution, and that said Committee consist of two on the part of the Senate, and

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three on the part of the House of Representatives, appointed by the presiding officers of both branches of the Assembly respectively. Resolved , That in raising the above Committee, no reflection is intended to be made on the character or conduct of the Principal Keeper or Inspectors of the present year, or of previous years. Committee on the part of the Senate, Messrs. Baily and Hansel; on the part of the House, Messrs. Brown, Harris and Turner. In Senate, agreed to, 29th December, 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. In House of Representatives, concurred in, 29th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. GEORGE R. GILMER, Governor. Approved, 31st December, 1838.

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RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES. HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly convene in the Representative Chamber on Friday next, at the hour of 11 o'clock, A. M., for the purpose of proceeding to the election of a Judge of the Superior Court, for the Chattahoochee Circuit; a Judge for the Cherokee Circuit, and a Judge for the Oemulgee Circuit, to fill the vacancy occasioned by the death of the Hon. John G. Polhill, deceased. Also, a Judge of the Court of Common Pleas, for the City of Augusta, and a Judge of the Common Pleas of Oyer and Terminer, for the City of Savannah, and a Solicitor-General for the Eastern District. In House of Representatives, agreed to, 7th Nov. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJno. H. Dyson, Clerk. In Senate, concurred in 7th Nov. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, 8th November, 1838. HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly convene in the Representative Chamber, on Saturday next, at 11 o'clock A. M., for the purpose of electing a Solicitor-General for the Ocmulgee Circuit. Also, a Solicitor-General for the Chattahoochee Circuit, and a Solicitor-General for the Cherokee

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Circuit, of the Superior Courts of this State, and a State Printer, in pursuance of an act of the General Assembly, assented to, the 23d day of December, 1836. In House of Representatives, agreed to, 9th Nov. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJno. H. Dyson, Clerk. In Senate, concurred in, 9th Nov. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Aproved, 10th November, 1838. HOUSE OF REPRESENTATIVES. Resolved , That his Excellency the Governor be, and he is hereby authorized to furnish the Clinch Riflemen, of the City of Augusta, with one hundred Rifles. In House of Representatives, agreed to, 13th Nov. 1838. LEWIS S. BROWN, Speaker pro tem. of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, 15th Nov. 1838. CHARLES DOUGHERTY, President of the Senate. AttestRobert W. Carnes, Secretary pro tem. GEORGE R. GILMER, Governor. Approved, 16th November, 1838. HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives in General Assembly met , That three hundred copies of the last semi-annual Reports of the several Banks of this State, be printed for the use of the two Houses of the General Assembly. In House of Representatives, agreed to, 29th Nov. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, 30th Nov. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved 1st December, 1838.

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HOUSE OF REPRESENTATIVES. Resolved , That his Excellency the Governor be authorized to send an express to the county of Pike, to notify the Sheriff of said county, that the respite in the case of the State vs. William Porter, for murder, has been prolonged. In House of Representatives, agreed to, 11th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, 11th Dec. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, 11th December, 1838. HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly meet in the Representative Hall, on Tuesday, the 18th instant, at 3 o'clock, P. M., for the purpose of electing three Rail Road Commissioners for the State of Georgia, and seven Directors for the Bank of Darien, and four for the Bank of the State of Georgia, and two for the Planters Bank. In House of Representatives, agreed to, 15th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, 17th Dec. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, 17th December, 1838. HOUSE OF REPRESENTATIVES. The Committee to whom was referred so much of the Governor's Message as relates to the Census, have, in discharge of the duties imposed on them, had the returns of the Census from the several counties, before them, to the extent of what are herewith

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submitted, there being no returns from the counties of Scriven and Montgomery, they have carefully examined the same, and from the informality of some of the returns, have been compelled to consume more time than they would otherwise have been obliged to expend. They now submit to the consideration of the General Assembly, the accompanying list, as furnishing an accurate detail of the persons appointed, the number of heads of families, and the amount due them, at the rate of compensation agreeable to the provisions of the act of December 23d, 1837, providing for taking the census of the State, in pursuance of the Constitution thereof. Your Committee therefore recommend the following resolutions: 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 of the same , That his Excellency the Governor be requested to draw upon the Treasurer, in favor of the persons who have been engaged in taking the Census of this year, for the amount which appears to be due them, agreeably to the list hereby furnished, and those that may hereafter return the census so taken by them, at the rate of compensation allowed by the law of last sessioo. And be it further resolved , Tat his Excellency the Governor be, and he is hereby authorized to correct any inaccuracy, (if any should exist) in fixing the amount due to the person so engaged in taking the Census as aforesaid, by a reference to the returns made. In House of Representatives, agreed to, 12th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, 13th Dec. 1838. CHARLES DOUGHERTY, President of the Senate. AttestRobert W. Carnes, Secretary pro tem . GEORGE R. GILMER, Governor. Approved, 14th December, 1838. HOUSE OF REPRESENTATIVES. The State of Georgia having heretofore relied chiefly for the means of meeting the ordinary expenses of the Government, of Public Education, and of the Public Works undertaken by her, on the revenue derived from her Public Lands and her Bank Stock; and one source of this revenue being now at an end in consequence of the disposition of the whole of the public

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domain; and the State having, to promote the best interest of posterity, as well as of the present generation, undertaken a large part of a great public work, namely: the connection of the waters of the Mississippi with the Atlantic Ocean through her own territory by Railroad, the completion of which connection will raise her to her proper standing among the other States, and be of immense utility, for all time to come to her own people; and as the said work will require a heavy expenditure of money to complete it at an early day and in an efficient manner; and the funds to meet the said expenditure having to be procured in part from abroad; and it being understood that the success of all negotiations for capital with foreigners depends, in a great degree on the system of finance adopted at home, to provide for the certain and punctual payment on the day appointed, of the interest engaged to be paid, as well as for the ultimate payment of the principal; and the State of Georgia being at present altogether without such system: Be it Resolved , That his Excellency the Governor be, and he is hereby requested to appoint forthwith, three Commissioners, whose duty it shall be to take the whole subject of the State's finances in hand, arrange, digest, and report, at the earliest possible day of the next session of the Legislature, a system of finance for the State, which calling into action all her resources, shall afford ample and efficient means to sustain, as in the present age they should be sustained, the great interests of Public Education and Internal Improvement. And be it further Resolved , That the Commissioners to be appointed under the foregoing resolution be, and they are hereby authorized to call upon his Excellency the Governor, the Secretary of State, the Treasurer, the Comptroller General, and the Officers of the Central Bank, for any information necessary or proper in the discharge of the duties hereby assigned them. In the House of Representatives, agreed to, 21st Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, Dec. 22, 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, 24th December, 1838.

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HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives , That his Excelleney the Governor be requested to forward by express, to the Sheriff of the county of Pike, the act for the pardon of William Porter. In House of Representatives, agreed to, 24th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, 24th Dec. 1838. CHARLES DOUGHERTY. President of the Senate. AttestRobert W. Carnes, Secretary pro tem . GEORGE R. GILMER, Governor. Approved, 25th December, 1838. HOUSE OF REPRESENTATIVES. Whereas, several claims upon the State of Georgia have been presented to the present session of the Legislature, which claims have been dormant for many years: And whereas the policy of the State, as declared by the acts of past Legislatures, (which run nearly cotemporaneous with their creation) has prevented the authorities thereof from discharging and paying of the same; and inasmuch as it is impossible that the Legislature can, through any of its Committees, investigate the same during its session; and public justice never requiring the refusal of a just debt, nor the payment of one of such antiquated existence, without a due investigation of the same: To the end that justice may be done the claimants and the State: Be it resolved by the Senate and House of Representatives, in General Assembly met , That his Excellency the Governor appoint three fit and proper pessons to investigate fully the claims of Peter Trezevant, R. M. D. J. Elliott, and Milledge Gaulphin, in behalf of himself and others, and that said persons report to the next session of the Legislature, the entire facts connected with the same, the liability of the State to pay them, or any part of them, and whether interest is allowable upon the same, together with such facts, if any exist, showing the discharge of the State from such liability, and all other facts connected with each of said claims, as shall be useful in determining ther validity, and that the Clerk of this House deliver to such persons, the papers relating to said claims, when they shall be required, which papers shall be returned with their report to this House, and that the Commissioners be instructed to enquire particularly,

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if any demand was made for the payment of the amount due Farquhar, between the years 1777, and 1789, and at what time Stone and Davis became insolvent, and whether Farquhar or his representatives, had any notice that the State had placed funds in the hands of Stone and Davis, to settle the debt on which said certificates were founded. In House of Representatives, agreed to, 24th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn M. Dyson, Clerk. In Senate, concurred in, 24th December, 1838. CHARLES DOUGHERTY, President of the Senate. AttestRobert W. Carnes, Secretary pro tem . GEORGE R. GILMER, Governor. Approved, 25th December, 1838. HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly be convened in the Representative Chamber, on Thursday evening at 3 o'clock, P. M., for the purpose of electing two Commissioners, as provided by the act, entitled an act to authorize the business of Banking, and to regulate the same. In House of Representatives, agreed to, 26th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJ. H. Dyson, Clerk. In Senate, concurred in, 27th Dec. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, 27th December, 1838. HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia , That his Excellency the Governor be requested to transmit to each member of the Legislature, a copy of

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the Laws and Journals of this Session, and that he have such laws as are of a public nature, published in the public Gazettes of Milledgeville. In House of Representatives, agreed to 26th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, 27th Dec. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJ. T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, 27th December, 1838. HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That our Senators and Representatives in Congress be requested to procure the establishment of a weekly mail route, to be carried on horseback between Blairsville, in the county of Union, and Dahlonega, in the county of Lumpkin, by the way of Cooper's Gap in the Blue Ridge; and that his Excellency the Governor be requested to forward copies of this resolution to our Senators and Representatives in Congress. In House of Representatives, agreed to, 26th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, 27th Dec. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, 27th December, 1838. HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That the Committee appointed to superintend the construction of the Executive Mansion be, and they are hereby authorized to rent a house in

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the City of Milledgeville for the use of his Excellency the Governor, until the Executive Mansion be sufficiently finished for a residence. In House of Representatives, agreed to, 25th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, 28th Dec. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, 28th December, 1838. HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia , That his Excellency the Governor be, and he is hereby required to employ Counsel to defend the titles granted by the State to the persons in possession of the lots of land Nos. 1, 24, 25, and 26, in the 12th District, and Nos. 1, 45, 2, 3, 44, and 84, in the 11th District; and Nos. 1 and 19, in the 10th District, all in the county of Habersham, in the suits now pending for the recovery of said land under alleged titles adverse to the grants of the State. In House of Representatives, agreed to, 27th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, 29th Dec. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, 29th December, 1838. HOUSE OF REPRESENTATIVES. The Joint Standing Committee on Finance, to whom was referred the Report of the Treasury, beg leave to make the following Report:

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That so far as the Committee have examined into the state and situation of the Treasury, the same has been conducted with ability and correctness by the head of that Department. Your Committee also further report, that the Warrants on the Treasury during the last political year, agrees with the entries on the Books of the Treasury so far as they have been presented. They recommend that the Documents presented to the Legislature in the early part of the session by the Treasurer, be considered as a part of their report. They have also had under consideration, the report of the Comptroller General referred to them, and beg leave to make the following Report: That they have examined the Books, Receipts, and Accounts, and find them all agreeing, the same being neatly and correctly kept. In House of Representatives, agreed to, 27th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, 29th Dec. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, 29th December, 1838. HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives , That his Excellency the Governor be requested to allow to the Inferior Court of Baldwin county the use of the Senate Chamber, for the purpose of holding the sessions of the Superior and Inferior Courts of said county, until the Court-house of said county shall be finished. In House of Representatives, agreed to, 29th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, 29th Dec. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, 29th December, 1838.

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HOUSE OF REPRESENTATIVES. The Select Committee, to whom was referred so much of the Governor's Annual Message, as relates to the connection of the Western and Atlantic Rail Road, with Hiwassee Rail Road, submit the following Report: That the Hiwassee Rail Road is an enterprize located in the State of Tennessee, commencing at Knoxville in that State, and extending to Red Clay Council Ground, on the Georgia line. The length of Road is ninety eight miles, all of which is now under contract, and in a state of construction. Twenty miles have already been graded, and about four hundred laborers are now engaged in active and constant employment upon the work. The Road has been graded for a double track, but laid only with a single one for the present. The capital of this company amounts to thirteen hundred thousand dollars, with the privilege of an increase of two hundred thousand dollars more; one half of the original amount has been subscribed for, by responsible individuals, and the other half by the State, authorizing the enterprize. The character of the stockholders, and the zeal and energy which the work is prosecuted, give an earnest that it will not be abandoned, but prosecuted to a successful completion. The design of this Road in its undertaking, was to afford to East Tennessee, an outlet to the Atlantic Ocean, for its productions through the works of Internal Improvement, which Georgia had undertaken, in the North-West of her Territory. South Carolina satisfied of the importance of the trade of this section of Tennessee, has long since conceived the idea of obtaining it, through the great Charleston and Cincinnatti Rail Road, the scheme of which the intelligence of her citizens had projected. But many of the citizens of Tennessee, regarding that enterprize as perhaps speculative, and many men esteeming the route through Georgia, more advantageous to them, determined so soon as our own State had rendered certain the construction of the Western and Atlantic Rail Road, to commence that of the Hiwassee Rail Road. That work has been undertaken, and thus far, has progressed with energy and zeal. How far this attempt on the part of Tennessee to connect her works of Internal Improvement, with those of the State of Georgia and thus in our own ports, to find an Atlantic market, in preference to a connection with the works of South Carolina, deserves a corresponding effort on our part, to perfect the connection, is a question to be settled alone by the interest we have at stake. That portion of Tennessee, known as East Tennessee, embraces twenty five counties, covering an area of 16,000 square miles, and containing at this time, near 250,000 inhabitants, with a soil capable of sustaining as dense a population as any

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section of the Union, of like size. It is not only well adapted to the culture of grain and raising of stock, but abounds in inexhaustible beds of iron ore, stone coal and other valuable minerals. No country of equal extent perhaps presents a surface more equally and advantageously intersected by water courses, which now are, or by appropriations made by the Legislature of that State, will be rendered navigable; nine of the upper or Eastern counties of this State, not only furnishing large quantities of iron ore, but being extensive grain growing, and stock raising counties, border on rivers which unite a short distance East of Knoxville, the commencement of the Hiwassee Rail Road. Six other counties lying on Clinch and Tennessee Rivers, can transport their produce to the point where the Road crosses the Tennessee and Hiwassee Rivers, while five other counties, and perhaps the most productive of any in East Tennessee, lie either immediately along the line of the Road, or convenient thereto. Thus from the location of the Hiwassee Rail Road, and the position of the several rivers, twenty counties of East Tennessee can conveniently reach some point of that Road by water, and from which, all the imports of those counties, can be transported by the same medium of conveyance to their respective destinations. What are the amounts of imports and exports of East Tennessee, the Committee have no means of ascertaining correctly, but from the limited information afforded them, they are satisfied they are very great. The trade confined to Knoxville alone, in merchandize during the last year (a year of great mercantile depression,) equalled two millions of dollars. Reflecting for a moment upon the advantages of the trade of this large and fertile region, to our own State, the profits resulting to one State Road, from the travel and transportation which the Hiwassee enterprize will bring to it, the expediency and propriety of a connection between the two, becomes a question too clear to admit of doubt. The nearest point of approach between them, or the route and terminus of the two, have been surveyed, is said to be but fifteen miles, over a valley every way favorable to the location and construction of a Road. Without this connection, should South Carolina prosecute her enterprize no further than Knoxville, Georgia must undoubtedly be cut off from all the trade of East Tennessee, lying to the East of that city. And should that enterprize be carried to the Ohio, we need hope for no share of the trade from Kentucky and Ohio. It would seem then, that much depends upon the connection proposed, whether Georgia shall receive that trade from the West, which her natural position and enterprize justly entitle her. From every fact thus presented, it seems manifest to your Committee, that the vast interests involved, will sooner or later and at no distant day, perfect that much desired connection.

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And the Committee most heartily respond to the sentiment advanced by his Excellency, that this connection should be made. The Legislature of 1836, not then having the authority to enter upon the territory of Tennessee, ordered a survey of the Western and Atlantic road, as far as the State line. From the report of the Engineer in chief, to the last Legislature of his acts under that authority, it appears that upon reaching the neighborhood of the State line, a point beyond the termination of the present contracts was assumed, from which three routes were surveyed to that boundary. One of them reached it at Red Clay, the terminus of the Hiwassee road, and the other two, at points to the west of that. The first was shorter than the middle route, by four miles and of less cost by one hundred and twenty-two thousand dollars, and shorter than the western route by twelve miles, and of less cost by one hundred and seventy-three thousand dollars. The Legislature having regarded the commencement of this great enterprise of primary importance, and having no certainty of the construction of the Hiwassee Railroad, has never thought proper hitherto, to direct its attention to the connection of its own work, with that of any other State, and hence has never required any surveys, which looked to the practicability of such a scheme. The absolute certainty of the completion of the Hiwassee Railroad and the advantages and benefits which must result to us from its connection with the State road, suggest to the committee the propriety of such surveys beyond the point at which the contracts now let, terminate, to the Tennessee river by Red Clay, and by such other points as may be deemed advisable, having reference to the termination of the State road, on that river and its connection with the Hiwassee road. The committee are now fully strengthened in the correctness of his opinion from the fact, that there is no material difference in the length from the point assumed to the Tennessee river as now surveyed, and that leading by Red Clay. The committee therefore present the following Resolutions. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That the connection of the Western and Atlantic Railroad, with the Hiwassee Railroad, is an enterprise very much to be desired by the State of Georgia, and that in due time she will perfect the same. Resolved , That with a view to faciliate said connection, the Chief Engineer be instructed to cause the necessary surveys to be made, in order to show the practicability of the same at a point nearer to the southern terminus of said Hiwassee Railroad, than that indicated in his late report, and that he cause a route to be surveyed by Red Clay to the Tennessee river, from some proper point on the Western and Atlantic Railroad, and upon finding such connection practicable in either way without too gaeat a sacrifice [Illegible Text] or cost of construction,

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he is further authorized, and instructed, to make such a location of the Western and Atlantic Railroad, as will be best calculated to subserve the purposes herein contemplated: Provided , such change of route shall not conflict with the interest of the main work. In House of Representatives, agreed to, 26th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, 29th Dec. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar. Secretary. GEORGE R. GILMER, Governor. Approved, 29th December, 1838. HOUSE OF REPRESENTATIVES. The Committee to whom was referred the Report of the Commissioners of the Lunatic Asylum, beg leave to Report: That they have had the same under consideration, and regard the subject of providing for this unfortunate portion of our fellow-citizens, as a sacred duty on the part of the General Assembly. It has been ascertained that the proportion of insane persons is about one in one thousand of the entire population. This important fact, as stated by the Commissioners, calls loudly upon the Legislature to have constituted, within this State, a Lunatic Asylum for those who have been deprived, of their reason. It is believed by medical men, and stated by the Commissioners, that a suitable treatment of insane persons in an Asylum, has frequently tended to restore the unfortunate victims of insanity to their reason. During the last session of the General Assembly, the benevolent plan was commenced to provide, within our own State, an Asylum for the Insane, and the sum of twenty thousand dollars appropriated. Of this sum, four thousand dollars were expended in the purchase of a suitable site for the necessary buildings, by the Committeethe balance is deemed too small to complete the buildings necessary for the object the Legislature had in view. The reasons why no further progress has been made in the work, as stated in the Report of the Commissioners, which your Committee ask leave to make a part of this Report. Your Committee would recommend a vigorous prosecution of the enterprize by the Commissioners. To that end, they present the following resolutions:

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Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby Resolved by the authority of the same , That the Commissioners of the Lunatic Asylum be, and they are hereby authorized and required, to make the necessary arrangements to have constructed upon the site selected, the necessary buildings for a Lunatic Asylum, upon the most convenient plan consistent with the nature of the object to be attained. Resolved further , That the said Commissioners report their proceedings to the next General Assembly. Resolved , That the Senator and Representatives of the county of Baldwin, to-wit: William Y. Hansell, Samuel Rockwell, and Richard K. Hines, be added as Commissioners to those heretofore appointed. In House of Representatives, agreed to, 27th Dec. 1838. JOSEPH DAY, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, 29th Dec. 1838. CHARLES DOUGHERTY, President of the Senate. AttestJohn T. Lamar, Secretary. GEORGE R. GILMER, Governor. Approved, 31st December, 1838.

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APPENDIX. TREASURER'S REPORT. TREASURY DEPARTMENT, GEORGIA, [UNK] Milledgeville, 5th November, 1838. 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, 1837, to the first day of October, 1838, both days inclusive. Respectfully submitted by T. HAYNES, Treasurer. A Statement of the Receipts and Payments at the Treasury of the State of Georgia, from the 1 st day of November , 1837, to the 31 st day of October , 1838, both days inclusive. DR. CASH. For amount receoived from the first day of November, 1837, to the thirty-first day of October, 1838, both days inclusive, and placed to the credit of the following accounts: State Stock, $492,016 81 Dividend on Bank Stock, 68,550 00 Tax on Bank Stock, 10,059 76 General Tax of 1834, 24 20 Sale of Fraudulent Lots, 778 10 Sale of Islands, 120 00 Funds for Grant Fecs on Gold Lots, 7,897 50 Funds for Grant Fecs on Cherokee Land Lots, 8,140 00 Funds for Grant Fecs on Lottery of 1827, 4,590 00 Funds for Grant Fecs on Lottery of 1821, 985 00 Funds for Grant Fecs on Lottery of 1820, 3,270 00 Funds for Grant Fecs on Head Righis, 1,686 00 Funds for Grant Fecs on Cherokee Fractions, 212 50 Funds for Grant Fecs on Fractions of 1827, 162 00 Funds for Grant Fecs on Fractions of 1822, 102 00 Funds for Grant Fecs on Columbus Lots, 265 50 Funds for Grant Fecs on Macon Lots and Reserves, 22 50 Funds for Grant Fecs on Fraudulent Lots, 48 00 Funds for Grant Fecs on Lots 10 and 100, 8 00 Funds for Grant Fecs on Lots sold in Appling, now Ware, 22 50 Funds for Grant Fecs on Testimonials, 215 00 Funds for Grant Fecs on Copy Grants, 351 00 $599,526 49 Balance in the Treasury on the 31st October, 1837, 43,517 88 $643,044 37

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CR. By amount of Governor's Warrants, and President and Speaker's Warrants, paid from the first day of November, 1837, to the thirty-first day of October, 1838, both days inclusive: Civil Establishment of 1837, $10,224 25 Civil Establishment of 1838, 28,704 36 Special Appropriation of 1834, 27 12 Special Appropriation of 1835, 8,220 00 Special Appropriation of 1836, 11,803 40 Special Appropriation of 1837, 200,017 86 Special Appropriation of 1838, 167,390 86 Contingent Fund of 1836, 25 00 Contingent Fund of 1837, 1,779 14 Contingent Fund of 1838, 14,063 02 Printing Fund of 1834, 22 00 Printing Fund of 1837, 515 37 Printing Fund of 1838, 19,287 48 Military Fund of 18367, 3,362 30 Military Fund of 1838, 1,533 00 Penitentiary Fund, 15,000 00 Fund for the redemption of the Public Debt, 3,372 81 Appropriation for County Academies, 20,260 21 Poor Sehool Fund, 18,525 44 President and Speaker's Warrants for the expenses of the Legislature for the Session of 1837, 88,906 80 $613,040 42 To meet which Balance, 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 Cash, 16,063 22 30,003 95 $30,003 95 $643,044 37 Respectfully submitted, by T. HAYNES, Treasurer. COMPTROLLER GENERAL'S REPORT. COMPTROLLER GENERAL'S OFFICE, [UNK] Milledgeville, 8th November, 1838. I have the honor herewith to present to the Senate, a Statement of the receipts and disbursements at the Treasury, during the political year 1838, which is most respectfully submitted. JOHN G. PARK, Compt. Gen. Thomas Haynes, Esquire, Treasurer, in account with the State of Georgia, for Receipts and Disbursements at the Treasury, during the politibal year 1838, viz: from the first day of November , 1837, to the 31 st day of October 1838, inclusive . DR. For amounts received on the following accounts, to-wit: To Balance on hand 1st Nov. 1837, $20,411 75 To General Tax of 1834, 24 20 To State Stock, 492,016 81 To Dividend on Bank Stock, 68,550 00 To Tax on Bank Stock, 10,059 76 To Sale of Islands, 120 00 To Sale of Fraudulent Lots, 778 12 To Fees on GrantsGold Lots, 7,897 50 To Fees on GrantsCherokee Land Lots, 8,140 00 To Fees on GrantsLottery of 1827, 4,590 00 To Foes on GrantsLottery of 1821, 985 00 To Fees on GrantsLottery of 1820, 3,270 00 To Fees on Head Rights, 1,686 00 Amount Carried over, $618,529 14 Amount brought forward, $618,529 14 To Fees on Fractions in Cherokee, 212 50 To Fees on Fractions of 1822, 102 00 To Fees on Fractions of 1827, 162 00 Columbus Lots, 265 50 Macon Lots, 22 50 Fraudulent Lots, 48 00 Lots 10 and 100, 8 00 Lots undrawn in Appling, now Ware, 22 50 Testimonials, 215 00 Copy Grants, 351 25 $619,938 39 Unexpended Balances of Appropriations, remaining at the close of the political year 1838, viz: Contingent Fund for 1838, 35,936 98 Civil Establishment for 1838, 11,495 64 Military Fund for 1838, 8,467 00 Printing Fund for 1838, 712 52 Some special appropriations for 1838, being indefinite, the Balances cannot be ascertained.

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By amounts paid on the following Accounts, viz: By President's and Speaker's Warrants for Session of 1837, $88,906 80 By Appropriation for County Academies, 20,260 21 By Poor School Fund, 18,525 44 By Contingent Fund for 1836, 25 00 By Special Appropriation for 1836, 11,803 40 By Special Appropriation for 1835, 8,220 00 By Special Appropriation for 1837, 200,017 86 By Contingent Fund for 1837, 1,779 14 By Military Fund for 18367, 3,362 30 By Printing Fund for 1837, 515 37 By Civil Establishment for 1837, 10,224 25 By Special Appropriation for 1834, 27 12 By Special Appropriation for 1338, 167,390 86 By Military Fund for 1838, 1,533 00 By Contingent Fund for 1838, 14,063 02 By Appropriation for Penitentiary, 15,000 00 By Printing Fund for 1838, 19,287 48 By Printing Fund for 1834, 22 00 By Civil Establishment for 1838, 28,704 36 By Fund for redemption of Public Debt, 3,372 81 $613,040 42 Balance, 6,897 97 $619,938 39 A STATEMENT OF WARRANTS Drawn on the Treasurer during the political year eighteen hundred and thirty-eight, or between the first Monday in November, eighteen hundred and thirty-seven, and the Monday in November, eighteen hundred and thirty-eight. APPROPRIATION FOR COUNTY ACADEMIES. Date. No. In Whose favor drawn. For What Purpose drawn, and to what fund chargeable. Amount. 1837. $ Cts. Nov. 7 4 Trustees Carrollton Academy, Carroll co. For amount due said Academy on the 30th June, 1837. 148 00 Nov. 8 6 Jackson Acad. Butts, For amount due said Academy on the 30th June, 1837. 383 00 Nov. 8 12 Concord Acad. Butts, For amount due said Academy on the 30th June, 1837. 46 00 Nov. 8 13 Jefferson Ac. Twiggs, For amount due said Academy on the 30th June, 1837. 124 59 Nov. 6 1 Wilkinson A. Wilkinson, For amount due said Academy on the 30th June, 1837. 218 30 Nov. 6 2 Warrenton A. Warren, For amount due said Academy on the 30th June, 1837. 165 93 Nov. 9 19 Mt. Zion Ac. Hancock, For amount due said Academy on the 30th June, 1837. 54 45 Amount carried over, $1,140 27 Amount brought forward, $1,140 27 Nov. 10 24 Camden Ac. Camden, For amount due said Academy on the 30th June, 1837. 149 00 Nov. 13 38 Harmony Ac. Putnam For amount due said Academy on the 30th June, 1837. 74 52 Nov. 13 37 Burke Acad'y Burke, For amount due said Academy on the 30th June, 1837. 170 24 Nov. 13 38 Pleasant Grove Ac. Burke, For amount due said Academy on the 30th June, 1837. 230 76 Nov. 18 70 Blakely Acad., Early, For amount due said Academy on the 30th June, 1837. 82 00 Nov. 21 76 Franklin A. Franklin, For amount due said Academy on the 30th June, 1837. 403 00 Nov. 22 81 Clinton Acad., Jones, For amount due said Academy on the 30th June, 1837. 72 82 Nov. 22 82 West Point A. Troup, For amount due said Academy on the 30th June, 1837. 31 67 Nov. 24 86 Coweta Ac'y. Coweta, For amount due said Academy on the 30th June, 1837. 227 00 Nov. 24 87 Blountsville A. Jones, For amount due said Academy on the 30th June, 1837. 27 32 Nov. 25 88 Greenville Academy, Meriwether county, For amount due said Academy on the 30th June, 1837. 209 00 Nov. 28 93 Pleasant Grove Academy, Decatur co. For amount due said Academy on the 30th June, 1837. 163 00 Nov. 29 94 Union Acad'y. Upson, For amount due said Academy on the 30th June, 1837. 74 19 Nov. 29 95 Union Acad'y. Upson, For amount due said Academy on the 30th June, 1837. 8 00 Nov. 29 96 Jenkins' Ac'y. Harris, For amount due said Academy on the 30th June, 1837. 54 45 Nov. 30 100 Social Circle Academy, Walton county, For amount due said Academy on the 30th June, 1837. 140 69 Dec. 1 104 Walthourville Academy, Liberty, co., For amount due said Academy on the 30th June, 1837. 91 69 Dec. 1 105 Tranquil Institute, Liberty co., For amount due said Academy on the 30th June, 1837. 27 30 Dec. 2 112 LaGrange Ac. Troup, For amount due said Academy on the 30th June, 1837. 274 33 Dec. 6 126 Madison County Academy, Madison co. For amount due said Academy on the 30th June, 1837. 185 00 Dec. 8 131 Fayetteville Adademy, Fayette co. For amount due said Academy on the 30th June, 1837. 241 00 Dec. 9 132 Telfair Ac'y., Telfair, For amount due said Academy on the 30th June, 1837. 83 00 Dec. 12 141 Rabun Ac'y., Rabun, For amount due said Academy on the 30th June, 1837. 137 00 Dec. 13 150 Irwin Acad'y., Irwin, For amount due said Academy on the 30th June, 1837. 51 00 Dec. 14 157 Lincoln co A. Lincoln For amount due said Academy on the 30th June, 1837. 213 00 Dec. 14 158 Bryan co. Ac. Bryan, For amount due said Academy on the 30th June, 1837. 294 00 Dec. 14 164 Constitutional Hall Academy, Jasper, co. For amount due said Academy on the 30th June, 1837. 105 37 Dec. 16 169 Lumpkin County Academy, Lumpkin, For amount due said Academy on the 30th June, 1837. 396 00 Dec. 16 170 Pike Acade'y., Pike, For amount due said Academy on the 30th June, 1837. 264 00 Dec. 16 171 Stone Creek Academy, Twiggs co. For amount due said Academy on the 30th June, 1837. 91 38 Dec. 16 172 Centreville Academy, Talbot county, For amount due said Academy on the 30th June, 1837. 72 86 Dec. 16 173 Union Hill A. Upson, For amount due said Academy on the 30th June, 1837. 43 04 Dec. 18 184 Thomasville Academy, Thomas county, For amount due said Academy on the 30th June, 1837. 288 00 Dec. 19 186 Jackson Acad. Monroe, For amount due said Academy on the 30th June, 1837. 69 00 Dec. 20 193 Ware Academy, Ware, For amount due said Academy from 30th June 1832, to 30th June, 1837. 684 88 Dec. 21 202 Planters Ac. Twiggs, For amount due said Academy from 30th June 1832, to 30th June, 1837. 93 03 Dec. 22 208 Cass Academy, Cass, For amount due said Academy from 30th June 1832, to 30th June, 1837. 58 00 Dec. 25 217 Prospect A. Oglethr'pe, For amount due said Academy from 30th June 1832, to 30th June, 1837. 124 79 1838. Jan'y. 12 258 Farmers Ac. Hancock, For amount due said Academy from 30th June 1832, to 30th June, 1837. 39 62 Jan'y. 13 259 Buckhead Ac. Morgan, For amount due said Academy from 30th June 1832, to 30th June, 1837. 45 99 Jan'y. 24 271 Franklin Acad. Upson, For amount due said Academy from 30th June 1832, to 30th June, 1837. 27 89 Jan'y. 26 277 Forsyth Male and Fem. Academy, Monroe, For amount due said Academy from 30th June 1832, to 30th June, 1837. 116 00 Feb'y. 1 280 Watkinsville Academy, Clark county, For amount due said Academy from 30th June 1832, to 30th June, 1837. 214 63 Feb'y. 7 342 Union Acady. Harris, For amount due said Academy from 30th June 1832, to 30th June, 1837. 86 85 Feb'y. 14 350 Chappel Hill Acady. Monroe county, For amount due said Academy from 30th June 1832, to 30th June, 1837. 81 07 Feb'y. 16 353 Jefferson Ac. Jefferson, For amount due said Academy from 30th June 1832, to 30th June, 1837. 258 00 Feb'y. 26 367 Jefferson Ac. Newton, For amount due said Academy from 30th June 1832, to 30th June, 1837. 174 65 March 27 405 Marion Acad. Marion, For amount due said Academy from 30th June 1832, to 30th June, 1837. 82 00 March 28 406 Floyd Acad. Floyd, For amount due said Academy from 30th June 1832, to 30th June, 1837. 138 00 April 30 450 Paulding A. Paulding, For amount due said Academy from 30th June 1832, to 30th June, 1837. 41 00 May 7 512 Evansville A. Morgan, For amount due said Academy from 30th June 1832, to 30th June, 1837. 100 00 May 7 516 Pleasant Acad. Talbot, For amount due said Academy from 30th June 1832, to 30th June, 1837. 50 60 May 7 517 Marion Acad. Twiggs, For amount due said Academy from 30th June 1832, to 30th June, 1837. 43 22 May 22 575 Seriven Ac. Seriven, For amount due said Academy from 30th June 1832, to 30th June, 1837. 320 00 June 7 595 Greene Ac. Greene, For amount due said Academy from 30th June 1832, to 30th June, 1837. 830 00 June 20 604 Taylor's Creek Acad., Liberty county, For amount due said Academy from 30th June 1832, to 30th June, 1837. 35 71 Amount carried over, $8,690 56 Amount brought forward, $8,690 56 June 21 605 Hillsboro' Ac. Jasper, For amount due said Academy from 30th June 1832, to 30th June, 1837. 121 01 July 3 614 Jefferson Ac. Monroe, For amount due said Academy from 30th June 1832, to 30th June, 1837. 58 96 July 3 616 Hamilton Ac. Harris, For amount due said Academy from 30th June 1832, to 30th June, 1837. 135 56 July 7 620 Fortville Acad. Jones, For amount due said Academy from 30th June 1832, to 30th June, 1837. 147 01 July 11 621 Chatham Ac. Chatham, For amount due said Academy from 30th June 1832, to 30th June, 1837. 534 00 July 13 623 Washington Ac. Wash. For amount due said Academy from 30th June 1832, to 30th June, 1837. 151 76 July 16 625 Effingham Ac. Ef'ham, For amount due said Academy from 30th June 1832, to 30th June, 1837. 110 00 July 18 628 Houston co A. Houston, For amount due said Academy from 30th June 1832, to 30th June, 1837. 318 00 July 21 630 Blountsville Ac. Jones, For amount due said Academy from 30th June 1832, to 30th June, 1837. 116 50 July 25 636 Newton M F Newton, For amount due said Academy from 30th June 1832, to 30th June, 1837. 202 27 July 25 637 Madison Acad. Morgan, For amount due said Academy from 30th June 1832, to 30th June, 1837. 153 31 July 26 639 Meson Ac. Oglethorpe, For amount due said Academy from 30th June 1832, to 30th June, 1837. 443 00 August 6 641 Farmers Ac. Hancock, For amount due said Academy from 30th June 1832, to 30th June, 1837. 84 54 August 7 686 Hall co. Acad. Hall, For amount due said Academy from 30th June 1832, to 30th June, 1837. 543 00 August 8 690 Hab. Ac. Habersham, For amount due said Academy from 30th June 1832, to 30th June, 1837. 493 00 August 8 691 Mallerysville A. Wilkes, For amount due said Academy from 30th June 1832, to 30th June, 1837. 141 38 August 8 692 Washinton A., Wilkes, For amount due said Academy from 30th June 1832, to 30th June, 1837. 336 62 August 8 695 LaFayette Ac. Upson, For amount due said Academy from 30th June 1832, to 30th June, 1837. 52 75 August 8 696 Thomaston Ac. Upson, For amount due said Academy from 30th June 1832, to 30th June, 1837. 85 03 August 10 701 Baldwin Ac. Baldwin. For amount due said Academy from 30th June 1832, to 30th June, 1837. 259 00 August 10 704 McIntosh Ac. McIntosh, For amount due said Academy from 30th June 1832, to 30th June, 1837. 154 00 August 10 705 Harmony Ac. Newton, For amount due said Academy from 30th June 1832, to 30th June, 1837. 242 73 August 13 706 Carroll Acad. Carroll, For amount due said Academy from 30th June 1832, to 30th June, 1837. 74 83 August 15 710 Vineville Acad. Bibb, For amount due said Academy from 30th June 1832, to 30th June, 1837. 285 00 August 15 711 Black Creek A. Wilk'sn, For amount due said Academy from 30th June 1832, to 30th June, 1837. 32 75 August 17 713 Bethlehem A. Wash'gn, For amount due said Academy from 30th June 1832, to 30th June, 1837. 118 66 August 20 717 Clinton Acad. Jones, For amount due said Academy from 30th June 1832, to 30th June, 1837. 83 21 August 25 720 Buck Eye A. Laurens, For amount due said Academy from 30th June 1832, to 30th June, 1837. 120 34 August 25 721 Cullodensville A. Mon. For amount due said Academy from 30th June 1832, to 30th June, 1837. 197 25 August 25 722 Heard Acad. Heard, For amount due said Academy from 30th June 1832, to 30th June, 1837. 83 00 August 27 723 Union Hill Acad. Jones, For amount due said Academy from 30th June 1832, to 30th June, 1837. 119 28 August 27 724 Jefferson Ac. Putnam, For amount due said Academy from 30th June 1832, to 30th June, 1837. 91 22 August 28 725 Pleas'nt Green A. Wal'r, For amount due said Academy from 30th June 1832, to 30th June, 1837. 28 00 August 30 726 Henry Acad. Henry, For amount due said Academy from 30th June 1832, to 30th June, 1837. 322 22 August 30 727 Eatontonton Male and Female A. Putnam, For amount due said Academy from 30th June 1832, to 30th June, 1837. 197 23 Sept. 4 729 Crawfordville A. Tal'ro. For amount due said Academy from 30th June 1832, to 30th June, 1837. 212 00 Sept. 5 730 County Line A. Monroe, For amount due said Academy from 30th June 1832, to 30th June, 1837. 22 51 Sept. 5 732 Lawrenceville A Gwin't. For amount due said Academy from 30th June 1832, to 30th June, 1837. 237 43 Sept. 5 734 Jackson A. Jackson, For amount due said Academy from 30th June 1832, to 30th June, 1837. 380 00 Sept. 5 736 Hopewell A. Crawford, For amount due said Academy from 30th June 1832, to 30th June, 1837. 60 49 Sept. 5 737 Constitutional Hall Academy, Jasper, For amount due said Academy from 30th June 1832, to 30th June, 1837. 98 93 Sept. 5 738 Mt. Carmel A. Crawf'd. For amount due said Academy from 30th June 1832, to 30th June, 1837. 34 90 Sept. 7 740 DeKalb A. DeKalb, For amount due said Academy from 30th June 1832, to 30th June, 1837. 336 00 Sept. 7 741 Summerville A. DeKalb, For amount due said Academy from 30th June 1832, to 30th June, 1837. 120 00 Sept. 7 742 Cool Spring A. Butts, For amount due said Academy from 30th June 1832, to 30th June, 1837. 79 47 Sept. 7 743 Fayette Acad. Fayette, For amount due said Academy from 30th June 1832, to 30th June, 1837. 241 00 Sept. 8 745 Camden Acad. Camden, For amount due said Academy from 30th June 1832, to 30th June, 1837. 149 00 Sept. 11 746 Palmyra Acad. Jasper, For amount due said Academy from 30th June 1832, to 30th June, 1837. 138 50 Sept. 13 747 Mt. Zion A. Hancock, For amount due said Academy from 30th June 1832, to 30th June, 1837. 95 37 Sept. 15 748 Monticello Union Academy, Jasper, For amount due said Academy from 30th June 1832, to 30th June, 1837. 98 93 Sept. 20 752 Jackson Acad. Forsyth, For amount due said Academy from 30th June 1832, to 30th June, 1837. 40 75 Oct. 4 757 Jefferson A. Jefferson, For amount due said Academy from 30th June 1832, to 30th June, 1837. 258 00 Oct. 6 760 Warrenton A. Warren, For amount due said Academy from 30th June 1832, to 30th June, 1837. 192 65 Oct. 9 764 Harmony A. Putnam, For amount due said Academy from 30th June 1832, to 30th June, 1837. 49 30 Oct. 12 766 Petaula Acad. Stewart, For amount due said Academy from 30th June 1832, to 30th June, 1837. 21 21 Oct. 18 772 Lafayette A. Monroe, For amount due said Academy from 30th June 1832, to 30th June, 1837. 69 68 Oct. 18 773 Jackson Acad. Monroe, For amount due said Academy from 30th June 1832, to 30th June, 1837. 53 60 Oct. 18 775 Mt. Vernon A. Monroe, For amount due said Academy from 30th June 1832, to 30th June, 1837. 40 73 Oct. 18 776 Concord Acad. Monroe, For amount due said Academy from 30th June 1832, to 30th June, 1837. 45 03 Oct. 22 778 Marion co. A. Marion, For amount due said Academy from 30th June 1832, to 30th June, 1837. 82 00 Oct. 27 782 Campbellton Academy, Campbell, For amount due said Academy from 30th June 1832, to 30th June, 1837. 174 00 $19,801 73

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POOR SCHOOL FUND. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1837. Nov. 7 3 Trustee Pike county, For amount of Poor School Fund due said county on the 30th June, 1837, $282 78 Nov. 7 8 Trustee Forsyth, county, For amount of Poor School Fund due said county on the 30th June, 1837, 144 73 Nov. 13 35 Trustee Laurens, county, For amount of Poor School Fund due said county on the 30th June, 1837, 180 30 Nov. 15 45 Trustee Marion, county, For amount of Poor School Fund due said county on the 30th June, 1837, 125 71 Nov. 20 73 Trustee Rabun, county, For amount of Poor School Fund due said county on the 30th June, 1837, 178 92 Nov. 21 75 Trustee Effingham, county, For amount of Poor School Fund due said county on the 30th June, 1837, 102 66 Nov. 21 77 Trustee Franklin, county, For amount of Poor School Fund due said county on the 30th June, 1837, 451 02 Nov. 21 80 Trustee Decatur, county, For amount of Poor School Fund due said county on the 30th June, 1837, 319 00 Nov. 22 83 Trustee Monroe, county, For amount of Poor School Fund due said county on the 30th June, 1837, 583 38 Dec. 2 113 Trustee Troup, county, For amount of Poor School Fund due said county on the 30th June, 1837, 302 10 Dec. 7 127 Trustee Oglethorpe, county, For amount of Poor School Fund due said county on the 30th June, 1837, 318 78 Dec. 11 134 Trustee Elbert, county, For amount of Poor School Fund due said county on the 30th June, 1837, 383 34 Dec. 11 135 Trustee Madison, county, For amount of Poor School Fund due said county on the 30th June, 1837, 201 90 Dec. 12 143 Trustee Walton, county, For amount of Poor School Fund due said county on the 30th June, 1837, 424 68 Dec. 13 149 Trustee Irwin, county, For amount of Poor School Fund due said county on the 30th June, 1837, 63 96 Dec. 13 152 Trustee Bryan, county, For amount of Poor School Fund due said county on the 30th June, 1837, 124 36 Dec. 13 154 Trustee Lincoln, county, For amount of Poor School Fund due said county on the 30th June, 1837, 167 10 Dec. 13 176 Trustee Habersham, county, For amount of Poor School Fund due said county on the 30th June, 1837, 615 72 Dec. 18 180 Trustee Crawford, county, For amount of Poor School Fund due said county on the 30th June, 1837, 165 84 Dec. 18 182 Trustee Butts, county, For amount of Poor School Fund due said county on the 30th June, 1837, 202 02 Dec. 18 183 Trustee Stewart, county, For amount of Poor School Fund due said county on the 30th June, 1837, 104 23 Dec. 20 191 Trustee Coweta, county, For amount of Poor School Fund due said county on the 30th June, 1837, 263 73 Dec. 20 192 Trustee Lumpkin, county, For amount of Poor School Fund due said county on the 30th June, 1837, 278 13 Dec. 20 194 Trustee Ware, county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1837, 246 62 Dec. 22 204 Trustee Paulding, county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1837, 75 97 Dec. 23 205 Trustee Scriven, county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1837, 132 96 Dec. 25 216 Trustee Bulloch, county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1837, 110 84 Dec. 27 225 Trustee Putnam county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1837, 317 64 1838. Jan. 11 256 Trustee Jasper county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1837, 391 86 Jan. 25 276 Trustee Washington county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1837, 348 72 Feb. 10 346 Trustee Burke county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1837, 311 58 Feb. 13 391 Trustee Merriwether county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1837, 238 15 April 18 432 Trustee Columbia county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1837, 259 02 May 5 463 Trustee Telfair county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1837, 89 22 May 7 515 Trustee Union county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1837, 76 15 July 3 615 Trustee Heard county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 88 86 July 12 622 Trustee Bibb county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 268 50 July 18 627 Trustee Houston county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 336 06 July 19 629 Trustee Fayette county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 275 35 July 26 640 Trustee Wilkes county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 312 60 Aug. 7 687 Trustee Hall county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 670 62 Aug. 8 689 Trustee Jefferson county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 210 84 Aug. 8 697 Trustee Upson county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 235 26 Aug. 8 698 Trustee Newton county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 486 06 Aug. 10 699 Trustee Greene county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 291 90 Aug. 10 700 Trustee Murray county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 67 75 Aug. 10 702 Trustee Chatham county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1839. 300 24 Aug. 10 703 Trustee Chatham county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 300 24 Aug. 13 707 Trustee Carroll county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 184 02 Aug. 13 708 Trustee Talbot county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 283 47 Aug. 13 712 Trustee DeKalb county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 541 20 Aug. 20 716 Trustee Hancock county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 301 32 Aug. 22 718 Trustee Henry county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 503 22 Sept. 4 728 Trustee Taliaferro county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 186 30 Sept. 5 733 Trustee Cherokee county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 211 94 Sept. 5 735 Trustee Jackson county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 404 04 Sept. 8 744 Trustee Richmond county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 333 48 Sept. 17 749 Trustee Warren county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 302 58 Sept. 20 751 Trustee Gwinnett county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 655 74 Oct. 16 768 Trustee Jasper county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 391 86 Oct. 17 771 Trustee Morgan county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 896 37 Oct. 27 783 Trustee Washington county, For amount of Poor School Fund due said county from 30th June, 1834, to 30th June, 1838. 348 72 $7,961 66

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SPECIAL APPROPRIATION1834. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1838. Dec. 23 211 N. Hall, For amount due him for taking the Census of Paulding county, $27 12 SPECIAL APPROPRIATION, 1836. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1837. Nov. 8 17 Lewis Tumlin, For costs due him as Sheriff of Cass county in cases of criminal prosecution against Cherokee Indians, $172 96 Nov. 9 20 Lewis Tumlin, For costs due him as Sheriff of Cass county in cases of criminal prosecution against Cherokee Indians, 319 07 Nov. 11 31 M. J. Camden, agent, For costs due him in cases of criminal prosecution against Cherokee Indians, 31 41 Nov. 14 40 John Jolly, For costs due him as Sheriff of Forsyth county in cases of criminal prosecution against Cherokee Indians, 76 25 Nov. 16 52 Yonng J. Long, For costs due him as Solicitor General in cases of criminal prosecution against Cherokee Indians 40 00 Nov. 18 69 Henry L. Sims, For cost due him as Solicitor General in cases of criminal prosecution against Cherokee Indians 305 00 Nov. 18 71 W. H. Ray, For costs due him as Clerk of the Court in cases of criminal prosecution against Cherokee Indians, 4 06 Nov. 18 72 H. K. Quillian, For costs due him as Clerk of the Court of Gilmer county, in cases of criminal prosecution against Cherokee Indians, 12 00 Nov. 27 89 John Richards, For costs due him as Jailer in cases of criminal prosecution against Cherokee Indians, 66 33 Nov. 30 101 J. Winston, For costs due him as Constable in cases of criminal prosecution against Cherokee Indians, 38 01 Dec. 1 106 Jesse Lamberth, For costs due him as Sheriff in cases of criminal prosecution a gainst Cherokee Indians, 27 50 Dec. 12 147 John Caldwell, For costs due him as Clerk in cases of criminal prosecution against Cherokee Indians, 242 74 Dec. 14 159 D. Tattnall, For costs due him as Clerk in cases of criminal prosecution against Cherokee Indians, 6 75 Dec. 14 163 M. J. Camden, agent, For costs due Officers of Cherokee, in cases of criminal prosecution against Cherokee Indians, 118 55 Dec. 18 177 J. Goodson, For costs due him as Constable in cases of criminal prosecution against Cherokee Indians, 10 77 Dec. 21 200 R. J. Johnson, For costs due him as Clerk in cases of criminal prosecution against Cherokee Indians, 16 56 $1,487 96 1838. Feb. 3 285 J. Hamett, For costs due in cases of criminal prosecution against Cherokee Indians, 19 50 Feb. 27 372 Lewis Tumlin, For costs due him as Sheriff in cases of criminal prosecution against Cherokee Indians, 558 78 March 1 378 Inferior Court of Henry county,[UNK] For expenses incurred by them in arresting the spread of small pox, 1,013 19 March 17 395 J. G. Park, agent, For costs due officer in arresting and guarding Cherokee Indians, 21 10 Amount carried over, $1,612 57 Amount brought forward, $1,612 57 March 21 400 J. A. Maddox, For costs due him in arresting and guarding Cherokee Indians, 52 00 April 6 412 Henry L. Sims, For costs due him as Solicitor General in cases of criminal prosecution against Cherokee indians, 65 00 May 7 521 John Caldwell, For costs due him as Clerk in cases of criminal prosecution against Cherokee Indians, 36 57 Oct. 26 781 Benj. T. Bethune, For the purpose of paying for pistols ordered for the use of the State under an Act passed in 1835, 5,548 80 $8,802 90

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MILITARY FUND1836. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1837. Nov. 11 29 Joseph Sutton, For his services as Div. Inspector, 144 00 1838. Feb. 26 369 Robert O. Usher, For his services as Brig. Inspector, 100 00 April 18 430 C. Cox, For his services as Brig. Inspector, 52 00 May 7 511 Daniel Newnan, For his 4th quarter's salary 1837, as Adjutant General, 400 00 May 7 519 James Thompson, For his riding Express, 28 56 May 11 546 Daniel Newnan, For his 1st quarter's salary 1838, as Ass't. Adjutant General, 22 00 May 12 551 William Beall, For his 1st quarter's salary 1838, as Adjutant General, 400 00 May 12 552 Daniel Newnan, For his expenses in procuring music, 28 56 $1,402 56 MILITARY FUND, 1838. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1838. Feb. 25 287 John H. Currie, For that part of the first quarter's salary due him as Military Store Keeper at Milledgeville, 100 00 Feb. 25 333 Francis M. Stone, For his 1st quarter's salary as Military Store Keeper at Savannah, 60 00 Feb. 25 334 I. T. Cushing, sen. For the balance of 1st quarter's salary due him as Military Store Keeper at Milledgeville, from his appointment, 50 00 Feb. 9 345 I. T. Cushing, sen. For articles furnished for the use of the Arsenal at Milledgeville, 40 00 May 7 504 Francis M. Stone, For his 2d quarter's salary as Military Store Keeper at Savannah, 60 00 May 7 505 I. T. Cushing, sen. For his 2d quarter's salary as Military Store Keeper at Milledgeville 150 00 Aug. 6 678 Francis M. Stone, For his 3d quarter's salary as Military Store Keeper at Savannah, 60 00 Aug. 6 679 I. T. Cushing, sen. For his 3d quarter's salary as Military Store Keeper at Milledgeville 150 00 Aug. 6 684 Daniel Newnan, For his 2d quarter's salary as Adjutant General, 400 00 Aug. 23 719 William Beall, For his 2d quarter's salary as Assistant Adjutant General, 400 00 Oct. 1 755 J. B. Barnes, For amount paid him as drummer, 308 00 Oct. 1 756 Samuel Rigshy, For amount paid him as fifer, 305 00 Nov. 5 821 Francis M. Stone, For his 4th quarter's salary as Military Store Keeper at Savannah, 60 00 Nov. 5 822 I. T. Cushing, sen. For his fourth quarter's salary as Military Store Keeper at Milledgeville, 150 00 1837. Nov. 10 27 R. D. Cannon, For his services as fifer of 2d Grand Division, 498 37 Nov. 10 11 B. H. Darden, For his services as Brig. Inspector, 48 00 Nov. 13 36 John Rigsby, For his services as drummer 2d grand Division, 511 37 Nov. 30 102 Daniel Newnan, For expenses incurred in procuring music for 1st Division, 20 00 Dec. 1 103 Solomon D. Betton, For services as Brigade Inspector, 32 00 Dec. 20 197 G. W. Chatfield, For services as Brigade Inspector, 36 00 Dec. 23 206 W. Beall, For his 4th quarter's salary as Assistant Adjutant General, 400 00 $1,545 74

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SPECIAL APPROPRIATION1837. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1837. Nov. 8 14 Asa Bates, For second instalment ef the appropriation for the improvement of Chattahoochee river, $10,000 00 Nov. 10 15 Commissioners Lopaha river, [UNK] For improvement of said river, 800 00 Nov. 10 25 S. H. Long, For carrying on the construction of Western Atlantic Railroad, 4,000 00 Nov. 15 46 Thomas J. Wray, For articles furnished Professor Cotting for Geological Survey, 145 00 Nov. 21 78 Timothy Porter, For an advance to him in building Government House, 1,000 00 Dec. 4 115 N. M. Crawford, For purchasing articles of furniture for Government House, 1,000 00 Dec. 5 125 Pryor Wright, For lumber furnished for building Government House, 550 00 Dec. 8 129 John Bates, For that part of the salary of Principal Keeper of Penitentiary, to his resignation, 375 00 Dec. 12 142 L. Witcher, For services as Indian Agent, 186 00 Dec. 19 188 John W. L. Daniel, For an advance to him as Contractor for fencing in State House square, 1,000 00 Dec. 20 190 Abram Borland, For the purchase of lot in town of Milledgeville on which to erect Government House, 2,000 00 Dec. 21 198 Inf. court Laurens co. For expenses incurred in suppressing small pox, 100 00 Dec. 21 199 S. H. Long, For carrying on the construction of Western and Atlantic Railroad, 7,518 39 Dec. 28 230 S. H. Long, For carrying on the construction of Western and Atlantic Railroad, 9,000 00 1838. Jan. 2 236 Timothy Porter, For defraying expenses in erecting Government House, 3,000 00 Jan. 3 239 John R. Cotting, For defraying expenses incurred in Geological Survey, 186 37 Jan. 5 244 John W. L. Daniel, For enclosing the State House square 1,100 00 Jan. 5 245 Wms. Rutherford, For brick furnished by him for building Government House, 2,500 00 Jan. 6 248 John R. Cotting, For his fourth quarter's salary as State Geologist, 625 00 Feb. 9 344 Nichols Deming, For articles furnished for building and furnishing house for Principal Keeper Penitentiary, 327 50 Feb. 12 348 Farish Carter, For lumber furnished for building and furnishing house for Princicipal Keeper Penitentiary, 88 72 Feb. 28 373 Timothy Porter, For defraying expenses in erecting Government House, 3,000 00 March 13 390 John R. Cotting, For defraying expenses in Geological Survey, 400 00 March 19 397 S. H. Long, For defraying expenses on Western and Atlantic Railroad, 10,300 00 April 2 407 Road Commissioners, For improvement of road from Dahlonega to Murray county, 2,000 00 April 19 435 John R. Cotting, For his first quarter's salary as State Geologist, 625 00 April 24 442 Timothy Porter, For defraying expenses in erecting Government House, 4,000 00 May 2 457 Samuel Tucker, For work done on house for Principal Keeper Penitentiary, 20 00 May 7 520 A. H. Caldwell, For riding Express, 45 75 May 21 572 Timothy Porter, For defraying expenses in erecting Government House, 3,000 00 May 31 586 Nichols Deming, For articles furnished for house for Principal Keeper Penitentiary, 51 00 June 14 599 John W. L. Daniel, For balance due him for fencing in State House square, 1,626 85 June 19 603 Timothy Porter, For defraying expenses in erecting Government House, 3,000 00 July 6 618 John R. Cotting, For second quarter's salary as State Geologist, 625 00 Amount carried $74,195 53 Amount brought forward, $74,195 53 July 6 642 S. H. Long, For defraying expenses in erecting Western and Atlantic Railroad, 10,000 00 Aug. 17 714 Timothy Porter, For defraying expenses in erecting Government House, 2,900 00 Oct. 6 759 John R. Cotting, For his third quarter's salary as State Geologist, 625 00 $87,720 58

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SPECIAL APPROPRIATION OF 1837OR, VOLUNTER LAW OF 26TH DECEMBER, 1836. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1837. Nov. 7 5 L. D. Minter, For audited accounts paid him as Agent, under the Act of 26th December, 1836, 78 81 Nov. 7 7 Absalom Bishop, For audited accounts paid him as Agent, under the Act of 26th December, 1836, 77 79 Nov. 8 9 R. Tucker, For audited accounts paid him on his muster roll, 85 36 Nov. 8 10 J. McMillon, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 61 69 Nov. 8 11 C. Tyson, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 22 84 Nov. 9 21 S. B. Tarver, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 126 75 Nov. 9 22 J. Paulk, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 30 92 Nov. 9 23 L. Church, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 168 00 Nov. 10 26 Fentriss Butler, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 16 00 Nov. 10 28 J. M. Calhoun, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 140 00 Nov. 11 30 J. B. Collins, For audited accounts paid him on Nelson's, under the Act of 26th December, 1836, 150 00 Nov. 13 34 A. B. Reece, For audited accounts paid him on Nelson's, under the Act of 26th December, 1836, 100 00 Nov. 14 39 William Moseley, For audited accounts paid him on Nelson's, under the Act of 26th December, 1836, 103 87 Nov. 14 41 T. J. W. Hill, For audited accounts paid him on Nelson's, under the Act of 26th December, 1836, 6 25 Nov. 14 42 C. Woodruff Co. For audited accounts paid him on Nelson's, under the Act of 26th December, 1836, 877 18 Nov. 14 43 Thomas J. Winston, For audited accounts paid him on Nelson's, under the Act of 26th December, 1836, 9 50 Nov. 15 44 N. McDuffie, For audited accounts paid him on Nelson's, under the Act of 26th December, 1836, 14 87 Nov. 16 47 J. H. Persons, For audited accounts paid him on Nelson's, under the Act of 26th December, 1836, 27 12 Nov. 16 48 R. Blalock, For audited accounts paid him on Nelson's, under the Act of 26th December, 1836, 34 75 Nov. 16 49 N. McDuffie, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 243 86 Nov. 16 50 N. McDuffie, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 338 50 Nov. 16 51 A. Casey, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 73 00 Nov. 17 53 T. J. Stell, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 151 00 Nov. 17 54 James McBride, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 32 75 Nov. 17 55 G. B. Ball, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 133 00 Nov. 17 56 Rose Keen, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 28 00 Nov. 17 62 M. Wilcox, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 75 50 Nov. 17 63 J. B. McCarter, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 1,254 86 Nov. 17 64 S. D. Hadley, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 37 50 Nov. 17 65 B. Bird, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 159 91 Nov. 18 66 T. J. Holmes, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 378 10 Nov. 18 67 W. H. Reynolds, For audited accounts paid him as agent, on his muster roll, under the Act of 26th December, 1836, 219 30 Nov. 21 79 H. J. Shotwell, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 337 54 Nov. 22 84 N. G. Foster, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 21 81 Nov. 22 85 C. J. Malone, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 150 00 Nov. 27 90 D. W. Varner, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 84 25 Nov. 27 91 A. Horrod, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 10 00 Nov. 29 97 John H. McMath, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 60 12 Nov. 30 99 B. Meritt, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 5 62 Dec. 2 107 Thomas Kimberly, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 115 40 Dec. 2 108 James Ramsey, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 221 20 Dec. 2 109 E. Hightower, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 116 60 Dec. 2 110 J. P. Moon, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 45 00 Dec. 2 111 J. Gastings, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 35 50 Dec. 2 114 D. Burks, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 182 00 Dec. 2 117 W. J. Ronaldson, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 49 47 Dec. 5 119 A. Hendry, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 69 25 Dec. 5 120 William Morgan, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 42 18 Dec. 5 122 B. Haynes, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 427 40 Dec. 5 123 J. Kelley, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 25 00 Dec. 5 128 D. H. Byrd, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 606 13 Dec. 9 133 E. Lasseter, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 200 97 Dec. 11 136 J. J. Johnson, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 906 24 Dec. 11 137 S. P. Burnett, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 18 75 Dec. 11 138 L. Jeffries, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 252 60 Dec. 11 139 H. J. Wash, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 35 75 Dec. 11 140 R. Mathias, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 1,779 50 Dec. 12 144 J. Anderson, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 41 75 Amount carried over, $10,313 26 Amount brought forward, $10,313 26 Dec. 12 145 Jesse Smith, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 40 00 Dec. 12 146 J. Holden, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 25 00 Dec. 12 148 W. K. Briars, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 4 37 Dec. 12 151 L. Griffin, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 209 95 Dec. 12 155 G. B. Ball, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 56 25 Dec. 14 160 J. Ward, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 22 70 Dec. 14 161 H. Tomlinson, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 5 00 Dec. 14 162 J. Gordon. For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 4 90 Dec. 15 165 J. W. Cato, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 131 50 Dec. 15 166 N. Hutchinson, For audited accounts paid him on his muster roll, under the Act of 26th December, 1836, 327 30 Dec. 15 167 J. L. Seward, agent, For various audited accounts presented by him,[UNK] 150 00 Dec. 16 174 R. McDonald, For am't of audited accounts paid him, 199 00 Dec. 16 175 T. J. Johnson, 11 60 Dec. 18 179 Samuel Farriss, For balance due him on his muster roll, 329 00 Dec. 18 181 A. S. Williams, For am't. of audited account due him, 3 00 Dec. 19 187 Thos. Hilliard, agent, For various audited accounts presented by him,[UNK] 149 31 Dec. 19 189 H. E. Dennard, For amount allowed him on his muster roll,[UNK] 125 00 Dec. 20 195 J. Simmons, For am't. of audited account paid him, 370 48 Dec. 20 196 James A. Meriwether, For am't. of audited account paid him, 30 00 Dec. 21 201 J. Slater, For am't. of audited account paid him, 195 00 Dec. 23 207 James A. Newman, For balance due on his muster roll, 35 00 Dec. 23 214 Bedell Durden, For balance of audited acc'ts. pd. them, 636 50 Dec. 23 215 J. Rowe, For balance paid on his muster roll, 120 00 1838. Jan'y. 9 251 Hamilton B. Gaither, For balance of audited acc't. pd. him, 44 50 Jan'y. 10 254 G. B. Sevell, For balance of acc't. pd. on muster roll, 150 00 Jan'y. 15 261 L. W. Cone, For balance paid on muster roll, 75 00 Jan'y. 16 262 H. Davis, For amount paid him on muster roll, 79 16 Jan'y. 16 265 John Kirkpatrick, For amount paid him on muster roll, 125 00 Jan'y. 24 272 E. Dasher, For amount paid him, 280 00 Jan'y. 24 273 J. T. Warren, For amount paid him, 159 23 Jan'y. 24 274 J. Smith, For amount paid him on muster roll, 91 60 Jan'y. 24 275 J. A. Dasher, For amount paid him on muster roll, 354 00 Feb. 1 279 Joseph Ligon, For amount paid him on muster roll, 103 03 Feb. 1 281 J. L. Harris, agent, For various accounts paid him under act of 26th December, 1836.[UNK] 440 00 Feb. 6 340 J. Phillips, For amt. of acc's. pd. him on must. roll, 150 00 Feb. 14 351 B. Weems, For amt. of acc's. pd. him on must. roll, 90 00 Feb. 15 352 Zachariah Roe, For amt. of acc's. pd. him on must. roll, 81 10 Feb. 17 355 W. Fain, For amt. of acc's. pd. him on must. roll, 44 00 Feb. 21 361 Joel Cook, For amt. of acc's. pd. him on must. roll, 10 00 Feb. 27 370 J. Davis, For amt. of acc's. pd. him on must. roll, 53 00 Feb. 27 371 J. S. Wills, For amt. of acc's. pd. him on must. roll, 289 00 March 1 376 B. A. Sorsby, For amt. of acc's. pd. him on must. roll, 576 00 March 2 379 Benjamin Cleveland, For amt. of acc's. pd. him on must. roll, 152 80 March 26 403 J. Fillingin, For amt. of acc's. pd. him on must. roll, 182 51 March 26 404 J. Fillingin, For amt. of acc's. pd. him on must. roll, 67 50 April 5 408 B. T. Bethune, agent, For amt. of acc's. various on must. roll, 421 09 April 11 419 George Bates, For amt. of acc's. various on must. roll, 10 50 April 14 423 Thomas Williams, For amt. of acc's. various on must. roll, 47 00 April 17 426 John G. Park, agent, For amount paid him on muster roll, 325 00 April 18 428 Asa Bates, For amount paid him on muster roll, 52 00 April 18 431 O. P. Cheatham, For amount paid him on muster roll, 182 25 April 18 436 Franklin Cosoun, a'gt. For amount various on muster roll, 2,310 90 April 18 437 J. D. Bloodworth, For amount various on muster roll, 229 75 April 20 438 D. M. Lasieure, For amount various on muster roll, 411 63 April 21 440 W. Peabody, For amount various on muster roll, 16 00 April 21 441 A. Simmons, For amount various on muster roll, 504 00 April 26 444 G. B. Alien, For amount various on muster roll, 65 33 April 27 446 Joshua Lee, For amount various on muster roll, 11 27 April 30 449 Allen Gay, For amount various on muster roll, 182 25 May 1 452 W. Berry, For amount various on muster roll, 487 56 May 3 458 O. Scoggins, For amount various on muster roll, 47 50 May 3 459 H. F. Erwin, For amount various on muster roll, 9 68 May 3 460 B. T. Bethune, agent, For amount various on muster roll, 229 22 May 4 461 W. King, For amount various on muster roll, 31 50 May 5 464 Asa Bates, For amount various on muster roll, 100 48 May 7 513 N. Clifton, For amount various on muster roll, 19 87 Amount carried over, $23,600 88 Amount brought forward, $23,600 88 May 7 518 T. G. Riley, For amount pd. him on his muster roll, 34 50 May 7 522 James Caldwell, For amount of account 26th Dec. 1836, 9 42 May 8 524 John G. Park, agent, For amount of various 26 th Dec. 1836, 43 50 May 8 525 Neill Robinson, For amount paid him on muster roll, 240 77 May 8 526 George W. Scott, For amount paid him on muster roll, 80 13 May 8 527 W. Cooper, For amount paid him on muster roll, 72 33 May 8 528 John C. Reese, For amount paid him on muster roll, 65 50 May 8 530 John Walker, For amount paid him on muster roll, 22 50 May 5 531 Jennings Palmer, For amount paid him on muster roll, 9 50 May 10 540 G. B. Allen, For amount paid him on muster roll, 32 78 May 10 541 Daniel J. Blackburn, For amount paid him on muster roll, 106 50 May 11 547 John Dunn, For amount paid him on muster roll, 30 25 May 12 550 John A. Urquhart, For am't of acc't pd. him on must. roll 1,501 73 May 15 556 L. Wells, For am't of acc't pd. him on must. roll 331 25 May 15 557 John Campbell, For am't paid him on his muster roll, 548 25 May 16 564 Daniel Earp, For account of 26th December, 1836, 13 68 May 17 565 Wm. B. Stephens, For amonnt of account paid him on 26th December, 1836,[UNK] 59 00 May 19 569 A. De Laperriere, For amount of account paid him on his muster roll,[UNK] 815 00 May 21 571 S. S. Traywick, For amount of account paid him on his muster roll, 30 00 May 21 573 E. B. Weed, For amount of account paid him on his muster roll, 41 50 May 22 576 Joshua Clark, agent, For amount of various accounts paid him on his muster roll, 267 75 May 22 577 Joshua Clark, agent, For amount of various accounts paid him on his muster roll, 353 50 May 24 580 J. Grimsley, For balance due him on his muster roll, 102 00 May 26 584 L. M. Bragg, agent, For balance various acounts of 26th December, 1836,[UNK] 269 60 June 5 593 J. R. Horn, For am't of audited acc't paid him, 300 00 June 16 600 C. Harris, For am't of audited acc't paid him, 207 85 June 16 601 W. S. Whitfield Co. For am't of audited acc't paid him, 101 87 June 16 602 E. T. Shepherd, For am't of audited acc't paid him, 41 25 29,331 79

Page 12

PRINTING FUND-1837. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1837. Nov. 17 57 Cline Iverson, For printing done for the State, $ 20 50 17 59 William E. Jones, For printing done for the State, 8 12 17 60 James W. Jones, For printing done for the State, 14 00 17 61 Marks, Flournoy Jeter, For printing done for the State, 22 50 20 74 Cornelius McArdell, For printing done for the State, 394 00 28 92 James T. Hay, For printing done for the State, 12 75 Dec. 4 116 John A. Cuthbert, For printing done for the State, 22 00 4 118 Cornelius Mc Ardell, For printing done for the State, 18 00 5 124 Myron Bartlett, For printing done for the State, 19 50 1838. May 8 533 J. G. Mc Whorter, For printing done for the State, 6 00 $537 37 PRINTING FUND-1838. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1838. Jan'y. 6 247 Patrick L. Robinson, For printing done for State House Officers and Legislature, $2,363 91 Feb. 2 283 Patrick L. Robinson, For an advance to him as pub. printer, 1,500 00 March 1 377 Park Rodgers, For printing done for State House Officers, advertising, c. 1,058 22 17 393 Wm. S. Rockwell, For printing done for State House Officers, advertising, c. 459 06 May 7 514 Myron Bartlett, For printing done for State House Officers, advertising, c. 11 00 14 555 Patrick L. Robinson, For balance due him for printing laws and journals, 7,518 00 17 566 Wm. S. Rockwell, For printing Bank reports, adv. c. 561 02 31 588 Park Rodgers, For printing Bank reports, adv. c. 656 50 June 5 592 James W. Jones, For printing Bank reports, adv. c. 531 00 21 606 Iverson Webb, For printing done for the State, 27 00 23 607 W. H. Bulloch, For printing Bank Reports, 522 00 25 608 S. Rose Co. For printing Bank Reports, 540 00 28 610 William E. Jones, For printing Bank reports, 525 00 30 611 Grieve Orme, For printing blanks, advertising, c. 1,140 49 Amount carried over, $17,413 20 Amount brought forward, $17,413 20 30 612 Grieve Orme, For printing done for State Geologist, 14 37 July 25 633 Delamotta Delyon For printing Bank Reports, 301 62 Aug. 8 694 P. L. Robinson, For printing done for State House Officers, 215 54 Sept. 18 750 Park Rodgers, For printing done for State House Officers, 219 00 28 754 Wm. S. Rockwell, For printing done for the State, 40 37 Oct 24 780 Guieu Thompson, For printing Bank Reports, c. for the State, 537 35 29 784 Marks, Flournoy Chapman, For printing Bank Reports, c. for the State, 569 00 $19,310 75

Page 13

SPECIAL APPROPRIATION 1838. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1837. Dec. 23 208 John Brewster, For recording ungranted head right plats in Surveyor General's office, 173 43 23 210 Obadiah Echols, For recording ungranted head right plats in Surveyor General's office, 57 25 25 218 Wm. A. Tennille, For superintending and examining proof sheets in printing laws and journals of 1836, 200 00 25 219 B. H. Robinson, For amount appropriated for him as Clerk to a Committee, 100 00 25 220 T. F. Gordon, For amount appropriated for him as Clerk to a Committee, 36 25 25 221 Ins. Bank Columbus, For amount advanced by said Bank for the support of Ga. Volunteers assembled at Columbus, 3,057 93 27 226 John G. Park, For clerk hire during the session of the Legislature, 300 00 27 227 John G. Park, For clerk hire during the session of the Legislature, year 1837, 750 00 27 228 John G. Park, For extra services in auditing acc'ts. 250 00 28 229 Insp'rs Penitentiary, For part of amount due them per Appropriation Act, 9,000 00 1838. Jan. 2 238 Wm. A. Tennille, For extra clerk hire during the session of the Legislature, 900 00 2 242 Jesse Cox, For extra clerk hire during the session of the Legislature, 1,338 00 6 249 Bank of Columbus, For amount advanced by said Bank for the support of Ga. Volunteers assembled at Columbus, 3,057 93 16 264 Thos. W. Alexander, For that part of his salary as Principal Keeper of the Penitentiary from date of his appointment, 54 70 20 267 William L. Mitchell, For amount appropriated to him as compensation for examining Prince's Digest, 500 00 20 268 Junius Hillyer, For amount appropriated to him as compensation for examining Prince's Digest, 500 00 22 222 Samuel Passmore, For amount appropriated to him for a wagon and team lost during Creek disturbances, 1,000 00 23 270 M. Sheftall, For services, expenses, c. as agent on the part of Georgia, to demand Philbrook and Kelleran, fugitives from justice, 250 00 Feb. 1 282 Insp'rs. Penitentiary, For balance due them as per Appropriation Act, 6,000 00 5 324 Wm. A. Tennille, For first quarter's pay for Clerk, 200 00 5 325 Obadiah Echols, For part of first quarter's pay for Clerk, 39 45 5 326 Jesse Cox, For balance first quarter's pay for Clerk, 160 55 5 327 Otis Childs, For 1st qr. pay attending to clock, 31 25 5 328 Henry Darnell, For 1st qr. pay for attending to the State House, airing rooms c. 31 25 5 329 Henry Darnell, For part of 1st qr. pay attending to the State House Guard, 224 59 5 330 Anthony Newsom, For balance 1st qr. pay for attending to the State House Guard, 142 91 5 335 Alfred M. Horton, For part of 1st qr. pay for attending to the as Inspector Penitentiary, 41 66 5 336 Robert Micklejohn, For balance of 1st qr. pay for attending to the as Inspector Penitentiary, 41 66 Amount carried over, $28,438 81 Amount brought forward, $28,438 81 5 337 Benjamin A. White, For balance of 1st qr. pay for attending to the as Inspector Penitentiary, 62 50 5 338 E. Bails, For balance of 1st qr. pay for attending to the as Inspector Penitentiary, 20 84 5 339 Charles J. Paine, For balance of 1st qr. pay for attending to the as Inspector Penitentiary, 20 84 17 356 Heirs of J. Wingfield, For amount allowed them in Appropriation Act, 765 22 19 358 James McMurray A. G. LaTaste, [UNK] For amount awarded them by the Committee for compiling an Index to Books in Surveyor General's Office, 2,000 00 20 359 W. Poe, adm'r of O. H. Prince, [UNK] For 3000 copies of Prince's Digest, 10,500 00 21 360 W. Poe, adm'r of O. H. Prince, [UNK] For balance due for Prince's Dig. 1,950 00 21 362 William Ezzard, For amount allowed him in Appropriation Act for Professional services, 50 00 22 363 Chatham Artillery, For amount appr'd. for their relief, 350 00 March 19 399 Augustus J. Abbott, For amount paid him for services in accompanying arms and ammunition to Cherokee, 26 31 April 6 411 W. R. H. Mosely, For amount 1st qr. salary as Chaplain for the Peni. entiary, 37 50 10 415 Charles W. Howard, For amount paid him as Agent of the State to repair to London to procure Colonial records in relation to history of Georgia, 4,000 00 11 417 Thomas B. Stubbs, For hauling arms and ammunition to the Cherokee country, 175 44 13 421 Inf. court Stewart co. For expenses incurred in the prosecution of Dave Hardage and other Creek Indians, 287 48 13 422 Murch Judd, For accompanying arms and ammunition to Cherokee, 32 00 16 424 Augustin H. Hansell, For his 1st qr. pay as extra Clerk in Executive Department, 312 50 19 433 S. H. Long, For the construction of Western and Atlantic Rail road, 100,000 00 30 447 Inf. courtStewartco. For balance of appropriation for expenses in prosecution of Dave Hardage and other Creek Indians, 212 52 30 451 T. C. Dunlap, For hauling arms from Fort Buffington to Cedar town, 28 12 May 7 498 William A. Tennille, For 2d quarter pay of Clerk hire, 200 00 7 499 Jesse Cox, For 2d quarter pay of Clerk hire, 200 00 7 500 Otis Childs, For attending and Keeping in repair the clock, 31 00 7 501 Henry Darnell, For 2d quarter pay for taking care of State House, airing rooms c. 31 25 7 506 Benjamin A. White, For 2d quarter salary as Inspector of Penitentiary, 62 50 7 507 Charles J. Paine, For 2d quarter salary as Inspector of Penitentiary, 62 50 7 508 Emor Bails, For 2d quarter salary as Inspector of Penitentiary, 62 50 8 535 Benjamin T. Bethune, For purchasing furniture for Government House, 5,000 00 11 549 Daniel Newnan, For amount paid him as Agent to proceed to Tennessee to procure right of way for Western and Atlantic Rail road, 359 37 July 17 626 Augustin H. Hansell, For his 2d quarter pay as Clerk in Executive Department, 312 50 24 631 Com. W. A. R. Road, For construction of W. A. R. R. 100,000 00 24 632 Andrew J. Hansell, For amount paid by him for freight on arms and ammunition to Cherokee, 253 87 25 635 Penitentiary, For finishing and furnishing house for Principal Keeper, 392 06 Aug. 6 673 William A. Tennille, For 3d quarter salary of Clerk, 200 00 6 674 Jesse Cox, For 3d quarter salary of Clerk, 200 00 6 675 Otis Childs, For 3d quarter pay for attending to the clock, 31 25 Amount carried over, $256,669 11 Amount brought forward, $256,669 11 6 676 Henry Darnell, For 3d qr. pay for attending to State House, airing rooms, c. 31 25 6 680 Benjamin A. White, For 3d quarter salary as Inspector of Penitentiary, 62 50 6 681 Charles J. Paine, For 3d quarter salary as Inspector of Penitentiary, 62 50 6 682 Emor Bails, For 3d quarter salary as Inspector of Penitentiary, 62 50 Oct. 8 762 Comm's. Lun. Asylum, For the purpose of proceeding to the ereetion of an Asylum, 4,000 00 10 765 W. R. H. Moseley, For his 3d quarter salary as Chaplain of the Penitentiary, 37 50 20 777 Augustin H. Hansell, For his 3d quarter salary as Clerk in the Executive Department, 312 50 Nov. 5 816 William A. Tennille, For his 4th quarter salary for Clerk in Sec'ry. of State's Office, 200 00 5 817 Jesse Cox, For his 4th quarter salary for Clerk in Surveyor General's Office, 200 00 5 818 Otis Childs, For his 4th quarter salary for winding up clock, 31 25 5 819 Henry Darnell, For his 4th quarter salary for airing and attending to Senate and Representative Halls, 31 25 5 823 Benjamin A. White, For 4th quarter salary as Inspector of Penitentiary, 62 50 5 824 Charles J. Paine, For 4th quarter salary as Inspector of Penitentiary, 62 50 5 825 Emor Bails, For 4th quarter salary as Inspector of Penitentiary, 62 50 $261,887 86

Page 15

CONTIGENT FUND1838. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1837. Dec. 23 209 William Martin, For services in carrying desks, c. from Penitentiary to Representative Hall, $ 2 00 23 212 Wiliam C. Powell, For various articles of Stationary furnished for State House Officers, 53 87 23 213 Thomas B. stubbs, For various articles of Stationary furnished for State House Officers, 17 37 27 224 Shahan, Beall Reynolds, For various articles of Stationary furnished for State House Officers, 160 35 28 231 Charles A. Ells, For various articles of Stationary furnished for State House Officers, 54 83 28 232 Benjamin T. Bethune, For amount paid by him for testimonials for Gen. Newnan when going to Tennessee, 5 50 29 233 Isaac T. Cushing, For tools purchased for the Arsenal, 4 50 30 334 William McAll, For repairs done on State House, 4 00 1838. Jan. 1 235 Horace R. Ward, For rent of house for the Governor, 600 00 2 237 Jacob T. Choate, For articles furnished from the Penitentiary, 120 37 3 240 Ezra Daggett, For postage of Executive from 24th October to 1st January, 157 21 3 241 Otis Childs, For articles of Stationary furnished for State House Officers, 25 63 4 243 John W. L. Daniel, For fire wood as per contract, 264 00 6 246 Elijah St. Clair, For services as Agent of the State in superintending education of Deaf and Dumb. 600 00 9 250 B. B. Bostwick Co. For various articles of Stationary furnished for State House Officers, 74 93 10 252 Henry Darnell, For hire of servant, 47 00 10 253 James T. Lane, For various articlos of Stationary furnished for State House Officers, 182 72 11 255 Albert H. Root, For articles of Stationary furnished for State House Officers, 35 86 11 257 D. N. Mayo, For riding Express, 11 38 15 260 G. Root Son, For repairs done upon State House, 5 50 16 263 Stovall Simmons, For Commissions and forwarding merchandize, 3 00 19 266 William B. Davis, For glazing done in Treasurer's Office, 1 00 Amount carried over, $2,430 97 Amount brought forward, $2,430 97 22 269 Charles A. Ells, For various articles of Stationary furnished for State H. officers, 68 00 27 278 John L. Baringer, For building show case for Cabinet of Minerals, 172 00 Feb. 3 284 Edwards Dixon, For stationary furnished for State House Officers, 8 50 5 331 Sherod McCarty, For 1st quarter pay as Messenger Executive Department, 125 00 5 332 Governor's Sec'rys. For fees due them on grants passed during 1st quarter, 363 90 6 341 E. M. Cowles Co. For stationary furnished for State House, 1 75 8 343 Ezra Daggett, For postage due him from Executive Department for January, 388 41 16 354 Isaac T. Cushing, For work done on arms in Arsenal, 166 50 28 374 Augustus J. Abbott, For services in repairing arms in Arsenal, 14 25 28 375 Allen Little, For fire wood, 36 00 March 7 383 Pleasant H. Gumm, For work done in the Arsenal, 30 00 12 388 James Walker, For reward for apprehending delivering to Jailor of Dooly co. the body of Silas Bromberloo, 200 00 12 389 Caleb W. Key, For hymn books for Convicts in Penitentiary, 81 04 17 394 Joseph Leonard, For lightwood furnished for the use of the State, 38 00 17 398 Nichols Deming, For freight on books, 9 39 22 401 Isaac T. Cushing, For repairs done on arms in the Arsenal, 136 12 24 402 Joseph N. Miller, For lumber for smiths shop for Arsenal, 55 00 April 6 410 Ezra Daggett, For postage of Executive from 1st February, 295 01 6 413 Thos. W. Alexander, For hauling arms to Lawrenceville, 60 00 11 416 Thomas B. Stubbs, For various articles of Stationary for the State House, 16 75 11 418 Alex. Morrison, For binding done by him for State, 95 87 11 420 Charles J. Malone, For hauling arms from Washington county, 15 00 18 429 J. B. Merell, For binding done by him for State, 93 25 21 439 Egbert B. Beall, For money advanced by him in purchasing ammunition, commissions c. on forwarding arms, 257 42 25 443 Sherod McCarty, For amount paid by him for freight, 17 31 26 445 Isaac T. Cushing, For amount paid by him to workmen in Arsenal, 47 85 May 1 453 James Gladen, For repairs done by him on arms, 72 50 1 454 George C. Millen, For amount paid him as Agent to proceed to Maine to demand Philbrook and Kelleran, 250 00 2 455 Wm. A. Scandrett, For amount paid him as Agent to proceed to Maine to demand Philbrook and Kelleran, for riding Express, 57 50 2 456 Pleasant H. Gumm, For amount paid him as Agent to proceed to Maine to demand Philbrook and Kelleran, for riding Express, 55 00 4 462 Sherod McCarty, For amount paid him for binding up and arranging laws and journals for distribution, 50 00 7 502 Sherod McCarty, For 2d quarter salary as Messenger Executive Department, 125 00 7 503 Governor's Sec'rys. For fees due them on grants passed during 2d quarter, 81 38 7 509 Anthony Newsom, For 2d quarter pay of State House Guard, 285 00 8 529 Benjamin T. Bethune, For defraying contingent expenses against the Government, 150 00 8 534 F. V. Delaunay, For hauling arms and ammunition to Covington, c. 246 00 9 536 Isaac T. Cushing, For articles purchased for Arsenal, 75 15 10 542 F. V. Delaunay, For fire wood, 46 50 10 543 Sandess Hamlett, For hauling arms to McDonough, 51 09 10 545 Henry Darnell, For pay as day guard at State House 158 25 14 554 John Geno, For hauling arms c., from columbus, 84 00 Amount carried over, $7,011 57 Amount brought forward, $7,011 57 15 525 George D. Case, For medical attention to case of small pox in Baldwin county, 178 00 15 560 T. A. Youngblood and W. Curry,[UNK] For guarding house in case of small pox in Baldwin county, 60 00 15 561 Arthur Youngblood, For furniture destroyed in case of small pox in Baldwin county, 56 00 16 562 Shahan, Beall Reynolds,[UNK] For amount paid them to purchase Stationary for the use of the State, 1,567 98 16 563 Marcus D. Huson, For hauling arms from Telfair co. 78 00 19 568 Benjamin T. Bethune, For paying a negro woman for nursing case of small pox in Baldwin county, 52 00 24 578 W. R. H. Moseley, For bibles for Convicts in Penitentiary, 72 73 24 579 James Jolly, For distributing laws and journals per contract No.10, 164 00 24 581 George W. Jennings, For distributing laws and journals per contract No.4, 80 00 26 582 Chappel Boutwell, For distributing laws and journals per contract No. 1, 2, and 3, 318 00 26 583 S. Dixon, For distributing laws and journals per contract No.5 and hauling arms from Telfair, 125 00 28 585 R. Hudgins, For guarding house in case of small pox in Baldwin county, 30 00 31 587 Nichols Deming, For articles furnished for the Arsenal, 27 85 June 4 589 Hugh Knox, For distributing laws and journals as per contract No.8, 110 00 5 590 Isaac T. Cushing, For work done in Arsenal, 50 00 5 591 James Gladin, For work done in Arsenal, 95 00 5 594 John Kirkpatrick, For distributing laws and journals as per contract No.7, 121 00 9 596 J. S. Henderson, For riding Express, 37 87 12 597 Comm'rs. Greensboro, For suppressing small pox, 253 18 14 598 Egbert B. Beall, For ammunition purchased by him, 54 43 July 5 617 Ezra Daggett, For Postage of Executive from April to July, 487 56 6 619 W. R. H. Moseley, For 2d quarter salary as Chaplain of Penitentiary, 37 50 15 624 L. W. Cowles, For articles furnished for the State, 29 13 25 634 Penitentiary, For articles furnished for the Arsenal, 154 75 25 638 D. H. Cone, For riding Express, 56 00 Aug. 6 677 Sherod McCarty, For 3d quarter salary as Messenger Executive Department, 125 00 6 683 Anthony Newsom, For 3d quarter pay of State House guard, 285 00 6 685 Governor's Sec'rys. For fees due them on grants passed during 3d quarter, 73 84 7 688 Henry Darnell, For pay as day guard, 126 75 8 693 James Gladen, For repairs done on arms in the Arsenal, 166 81 13 709 Nathan C. Keel, For work done in offices in StateHouse, 153 55 20 715 Isaac T. Cushing, For work done in Arsenal, 84 87 Sept. 5 731 Joshua Covey, For work done in Arsenal, 34 37 5 739 John L. Barringer, For work done in State House, 34 25 25 753 B. P. Stubbs, For fire wood for the use of the State, 348 00 Oct. 5 758 Isaac T. Cushing, For articles purchased for the use of the Arsenal, 18 62 8 761 E. Daggett, For postage of Executive Department from 1st July to 1st Oct. 362 50 9 763 A. J. Martin, For bringing election returns from Rabun county, 40 00 13 767 Samuel Tucker, For repairs done in the different Offices in the State House, 68 50 16 769 Joshua Covey, For services performed in the Arsenal at Milledgeville, 21 25 17 770 James Gladen, For services performed in the Arsenal at Milledgeville, 130 00 Amount carried over, $13,379 96 Amount brought forward, $13,379 96 18 774 Rhesa Bostwick, For distributing laws and journals as per contracts, 278 00 23 779 S. McCarty, For selecting and arranging laws for binding, 50 00 Nov. 5 820 S. McCarty, For his 4th quarter pay as Messenger to Executive Department, 125 00 5 826 Anthony Newsom, For the 4th quarter pay of State House Guard, 285 00 5 827 Governor's Sec'rys. For their fees on grants passed during 4th quarter, 53 16 $14,171 12

Page 18

SPECIAL APPROPRIATION1838(VOLUNTEER LAW.) Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1838. Feb. 3 286 J. B. Greene Co. For amount of audited account allowed him, 220 00 12 347 Clement Forbes, For amount appropriated him for lost property, 150 00 13 349 John Dillingham, For amount of audited account allowed him, 357 62 19 357 Moore Tarver, For amount of audited account allowed them, 232 50 24 364 Luther Blake, For amount of audited account allowed him, 66 00 24 365 W. H. Boynton, For amount of audited account allowed them, 453 00 24 366 Joseph Glenn, For amount of audited account allowed him, 24 00 26 368 N. R. Bryan, For amount of audited account allowed him, 268 20 March 3 380 James Morris, agent, For amount of various audited accounts, 811 68 3 381 James Morris, agent, For amount of various audited accounts, 400 00 6 382 Abednego McGinty, For amount of an audited account allowed him, 424 25 7 384 Samuel Epperson, For amount of an audited account allowed him, 15 00 9 385 W. GreenwoodCo. For amount of an audited account allowed them, 50 00 9 386 Jacob M. Johnson, For amount of an audited account allowed him, 64 00 10 387 F. Cowan, agent, For amount of various audited accounts presented by him, 805 45 13 392 William Rogers, For amount of various audited accounts alllowed him, 310 00 17 396 J. Caldwell, For amount of various audited accounts allowed him, 43 75 April 5 409 T. R. Gould, For amount of various audited accounts allowed him, 419 00 16 425 M. N. Clarke, For amount of various audited accounts allowed him, 46 44 17 427 John G. Park, agent, For amount of various audited accounts presented by him, 418 97 30 443 Selden S. Walkley, For amount of various audited accounts presented by him, 54 68 May 5 465 G. W. Dillard, For amount of various audited accounts presented by him, 45 00 8 523 J. W. Conyers, For amount of various audited accounts presented by him, 66 00 8 532 Joseph Grimsley, For amount of various audited accounts presented by him, 228 36 10 537 E. H. Baker, For amount of various audited accounts presented by him, 60 00 10 538 James Pace, For amount of various audited accounts presented by him, 60 00 10 539 F. Sharpe, For amount of various audited accounts presented by him, 60 00 10 544 E. A. Mitchell, For amount of various audited accounts presented by him, 16 50 Amount carried over, $6,170 00 Amount brought forward, $6,170 00 May 10 548 J. J. Johnson, For amount of various audited accounts presented by him, 52 00 14 553 J. J. Lamar, For amount of various audited accounts presented by him, 173 53 15 558 P. S. Lemlie, For amount of various audited accounts presented by him, 145 00 19 567 W. Cooper, For amount of various audited accounts presented by him, 28 00 21 570 J. M. Calhoun, For amount of various audited accounts presented by him, 140 00 21 574 J. C. Holland, For amount of various audited accounts presented by him, 43 00 June 27 609 T. W. Alexander, Agent for Garmany's Company, [UNK] For amount of various audited accounts presented by him, 280 00 $7,031 93

Page 19

CONTINGENT FUND1837. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1837. Nov. 8 16 Thomas C. Evans, For expenses incurred by him as Agent of the State in conveying Jim Henry from Alabama to Columbus jail, $135 00 8 18 Edwards Dixon, For articles of Stationary furnished the Executive Department, 6 00 17 58 W. O. Pratt, For apprehending John Candler as per proclamation, 200 00 18 68 Francis Bacon, For services as Commissioner of Flint River, 25 00 29 98 A. H. Brown and J. Mathews, [UNK] For selling and surveying Islands in Flint River, 27 57 Dec. 5 121 J. M. Patrick, For his insolvent list as Tax Collector of Muscogee county, 64 88 8 130 W. Jones, For riding Express 128 miles, 16 90 13 153 T. Payne, For his insolvent list as Tax Collector of Franklin county, 9 71 13 156 J. Brewster, For postage paid by him on official letters 3 25 18 178 Samuel Farriss, agent, For expenses incurred in suppressing small pox in Walker co. 64 00 18 185 W. Knowles, For riding Express, 13 71 25 223 D. Gortman, For services in suppressing small pox, 24 00 1838. July 2 613 Cowles Ward, For articles furnished for the State House, 4 50 $594 52 SPECIAL APPROPRIATION1835. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1137. Dec. 15 168 Commissioners of road from Columbus to St. Mary's, [UNK] For the purpose of opening a road from Columbus to St. Mary's, $7,400 00 FUND FOR THE REDEMPTION OF THE PUBLIC DEBT. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1838. April 10 414 James Gardner, For an audited certificate under an act of 2d February, 1798, $3,269 46 19 434 Nathan McGehee, For an audited certificate under an act of 2d February, 1798, 103 35 $3,372 81 CIVIL ESTABLISHMENT1838. Date. No. In whose favor drawn. For what purpose drawn, and to what fund chargeable. Amount. 1838. Feb. 5 288 George R. Gilmer, For his 1st quarter salary as Governor of the State, 1,000 00 5 289 David W. Lewis, For his 1st quarter salary as Secretary of Ex. Department, 312 50 5 290 Benjamin T. Bethune, For his 1st quarter salary as Secretary of Ex. Department, 312 50 Amount carried over, $1,626 00 Amount brought forward $1,626 00 5 291 N. M. Crawford, For part of his 1st quarter salary as Secretary of Executive Department to date of his resignation, 243 61 5 292 William A. Tennille, For part of his 1st quarter salary as Secretary of State, 500 00 5 293 Thomas Haynes, For his 1st qr. salary as Treasurer, 500 00 5 294 John G. Park, For his 1st quarter salary as Comptroller General, 500 00 5 295 Obadiah Echols, For part of his 1st quarter salary as Surveyor General to 25th of November, 1837, 100 69 5 296 John T. Lamar, For his 1st quarter salary as Secretary of Senate, 150 00 5 297 Joseph Sturgis, For his 1st quarter salary as Clerk of House of Representatives, 150 00 5 298 John G. Polhill, For his 1st quarter salary as Judge of Ocmulgee Circuit, 525 00 5 299 Garnett Andrews, For his 1st quarter salary as Judge of Northern Circuit, 525 00 5 300 Thomas W. Harris, For his 1st quarter salary as Judge of Western Circuit, 525 00 5 301 Owen H. Kenan, For his 1st quarter salary as Judge of Cherokee Circuit, 525 00 5 302 John Shly, For his 1st quarter salary as Judge of Middle Circuit, 525 00 5 303 Charles S. Henry, For his 1st quarter salary as Judge of Eastern Circuit, 525 00 5 304 Hiram Warner, For his 1st quarter salary as Judge of Coweta Circuit, 525 00 5 305 Angus M. D. King, For his 1st quarter salary as Judge of Flint Circuit, 525 00 5 307 Carleton B. Cole, For his 1st quarter salary as Judge of Southern Circuit, 525 00 5 308 Joseph Sturgis, For that part of his 1st quarter salary as Judge of Chattahoochee Circuit, due him from date of his commission, 212 87 5 309 Alfred Iverson, For that part of his 1st quarter salary as Judge of Chattahoochee Circuit to date of his resignation, 312 13 5 310 Jesse Cox, For balance of his 1st quarter salary as Surveyor General from 25th November, 1837, 399 31 5 311 Ebenezer Starnes, For his 1st quarter salary as Attorney General Middle Circuit, 56 25 5 312 William W. Wiggins, For his 1st quarter salary as Solicitor General Southern Circuit, 56 25 5 313 James H. Stark, For his 1st quarter salary as Solicitor General Flint Circuit, 56 25 5 314 George D. Anderson, For his 1st quarter salary as Solicitor General Coweta Circuit, 56 25 5 315 Henry L. Sims, For his 1st quarter salary as Solicitor General Cherokee Circuit, 56 25 5 316 Junius Hillyer, For part of his 1st quarter salary as Solicitor General Northern Circuit, due him, 18 75 5 317 Howell Cobb, For balance of his 1st quarter salary as Solicitor General Northern Circuit, from date of his commission, 37 50 5 318 John E. Ward, For his 1st quarter salary as Solicitor Gen'l. of Eastern Circuit, 56 25 5 319 Richard O. Davidson, For part of his 1st quarter salary as Solicitor General of Ocmulgee Circuit, due him, 8 46 5 320 William G. Smith, For balance of his 1st quarter salary as Solicitor General of Ocmulgee Circuit due him from date of his commission, 47 79 Amount carried over, $9,868 81 Amount brought forward, $9,868 81 5 321 Franklin A. Nesbit, For part of his 1st quarter salary as Solicitor General of Western Circuit, due him, 8 46 5 322 Upton S. Heath, For balance of his 1st quarter salary as Solicitor Gen'l of Western Circuit from date of his commission, 47 79 5 323 Henry L. Benning, For his 1st quarter salary as Solicitor General of Chattahoochee Circuit, 56 25 May 7 466 George R. Gilmer, For his 2d quarter salary as Governor of the State, 1,000 00 7 467 Benj. T. Bethune, For his 2d quarter salary as Secretary Executive Department, 312 50 7 468 David W. Lewis, For his 2d quarter salary as Secretary Executive Department, 312 50 7 469 John A. Breedlove, For his 2d quarter salary as Secretary Executive Department, 312 50 7 470 Wm. A. Tennille, For his 2d quarter salary as Secretary of State, 500 00 7 471 Thomas Haynes, For his 2d quarter salary as Treasurer, 500 00 7 472 John G. Park, For his 2d quarter salary as Comptroller General, 500 00 7 473 Jesse Cox, For his 2d quarter salary as Surveyor General, 500 00 7 474 John T. Lamar, For his 2d quarter salary as Secretary of Senate, 150 00 7 475 Joseph Sturgis, For his 2d quarter salary as Clerk of House of Representatives, 150 00 7 476 John G. Polhill, For his 2d quarter salary as Judge of Ocmulgee circuit, 525 00 7 477 Garnett Andrews, For his 2d quarter salary as Judge of Northern Circuit, 525 00 7 478 Thomas W. Harris, For his 2d quarter salary as Judge of Western Circuit, 525 00 7 479 Owen H. Kenan, For his 2d quarter salary as Judge of Cherokee Circuit, 525 00 7 480 John Shly, For his 2d quarter salary as Judge of Middle Circuit, 525 00 7 481 Charles S. Henry, For his 2d quarter salary as Judge of Eastern Circuit, 525 00 7 482 Hiram Warner, For his 2d quarter salary as Judge of Coweta Circuit, 525 00 7 483 Angus M. D. King, For his 2d quarter salary as Judge of Flint Circuit, 525 00 7 484 Carleton B. Cole, For his 2d quarter salary as Judge of Southern Circuit, 525 00 7 485 Joseph Sturgis, For his 2d quarter salary as Judge of Chattahoochee Circuit, 525 00 7 486 Ebenezer Starnes, For his 2d quarter salary as Attorney Gen'l. Middle Circuit, 56 25 7 487 William W. Wiggins, For his 2d quarter salary as Solicitor Gen'l. Southern Circuit, 56 25 7 488 James H. Stark, For his 2d quarter salary as Solicitor General Flint Circuit, 56 25 7 489 George D. Anderson, For his 2d quarter salary as Solicitor General Coweta Circuit, 56 25 7 490 Henry L. Sims, For his 2d quarter salary as Solicitor Gen'l. Cherokee Circuit, 56 25 7 491 Howell Cobb, For his 2d quarter salary as Solicitor Gen'l. Northern Circuit, 56 25 7 492 Upton S. Heath, For his 2d quarter salary as Solicitor Gen'l. Western Circuit, 56 25 7 493 Henry L. Benning, For His 2d quarter salary as Solicitor General Chattahoochee Circuit, 56 25 7 494 William G. Smith, For amount of his 2d quarter salary as Solicitor General Ocmulgee Circuit, due him to date of resignation, 6 79 Amount carried over, $19,982 40 Amount brought forward, $19,982 40 7 495 N. G. Foster, For balance of his 2d quarter salary as Solicitor General Ocmulgee Circuit, from date of appointment, 49 46 7 496 John E. Ward, For amount of his 2d quarter salary as Solicitor General Eastern Circuit, due him to date of resignation, 27 16 7 497 Edward J. Hardin, For balance of his 2d quarter salary as Solicitor General Eastern Circuit, due him from date of appointment, 29 09 7 510 John A. Breedlove, For amount of his 1st quarter salary as Sec'ry. of Executive Department from date of appointment, 45 11 Aug. 6 643 George R. Gilmer, For his 3d quarter salary as Governor of State, 1,000 00 6 644 John H. Steele, For his 3d quarter salary as Secretary of Executive Department, 312 50 6 645 Benj. T. Bethune, For his 3d quarter salary as Secretary Executive Department, 312 50 6 646 David W. Lewis, For his 3d quarter salary as Secretary Executive Department, 312 50 6 647 William A. Tennille, For his 3d quarter salary as Secretary of State, 500 00 6 648 Thomas Haynes, For his 3d quarter salary as Treasurer, 500 00 6 649 John G. Park, For his 3d quarter salary as Comptroller General, 500 00 6 650 Jesse Cox, For his 3d quarter salary as Surveyor General, 500 00 6 651 John T. Lamar, For his 3d quarter salary as Secretary of Senate, 150 00 6 652 Joseph Sturgis, For his 3d quarter salary as Clerk of House of Representatives, 150 00 6 653 John G. Polhill, For his 3d quarter salary as Judge of Ocmulgee Circuit, 525 00 6 654 Garnett Andrews, For his 3d quarter salary as Judge of Northern Circuit, 525 00 6 655 Thomas W. Harris, For his 3d quarter salary as Judge of Western Circuit, 525 00 6 656 Owen H. Kenan, For his 3d quarter salary as Judge of Cherokee Circuit, 525 00 6 657 John Shly, For his 3d quarter salary as Judge of Middle Circuit, 525 00 6 658 Charles S. Henry For his quarter salary as Judge of Eastern Circuit, 525 00 6 659 Hiram Warner, For his 3d quarter salary as Judge of Coweta Circuit, 525 00 6 660 Angus M. D. King, For his 3d quarter salary as Judge of Flint Circuit, 525 00 6 661 Carleton B. Cole, For his 3d quarter salary as Judge of Southern Circuit, 525 00 6 662 Joseph Sturgis, For his 3d quarter salary as Judge of Chattahoochee Circuit, 525 00 6 663 Ebenezer Starnes, For his 3d quarter salary as Attorney Gen. Middle Circuit, 56 25 6 664 Wm. W. Wiggms, For his 3d quarter salary as Solicitor Gen. Southern Circuit, 56 25 6 665 James H. Stark, For his 3d quarter salary as Solicitor Gen. Flint Circuit, 56 25 6 666 George D. Anderson, For his 3d quarter salary as Solicitor Gen. Coweta Circuit, 56 25 6 667 Henry L. Sims, For his 3d quarter salary as Solicitor Gen. Cherokee Circuit, 56 25 6 668 Howell Cobb, For his 3d quarter salary as Solicitor Cen. Northern Circuit, 56 25 6 669 Upton S. Heath, For his 3d quarter salary as Solicitor General of Western Circuit, 56 25 Amount carried over, $29,957 47 Amount brought forward, $29,957 47 6 670 Henry L. Benning, For his 3d qr. salary as Sol. Gen'l. Chattahoochee Circuit, 56 25 6 671 N. G. Foster, For his 3d quarter salary as Solicitor Gen. Ocmulgee Circuit, 56 25 6 672 Edward J. Hardin, For his 3d quarter salary as Solicitor Gen. Eastern Circuit, 56 25 Nov. 5 785 George R. Gilmer, For his 4th qunrter salary as Governor of the State, 1,000 00 5 786 John H. Steele, For his 4th quarter salary as Sec'ry of the Executive Department, 312 50 5 787 Benj. T. Bethune, For his 4th quarter salary as Sec'ry of the Executive Department, 312 50 5 788 David W. Lewis, For his 4th quarter salary as Sec'ry of the Executive Department, 312 50 5 789 Thomas Haynes, For his 4th qr. salary as Treasurer, 500 00 5 790 William A. Tennille, For his 4th quarter salary as Secretary of State, 500 00 5 791 John G. Park, For his 4th quarter salary as Comptraller General, 500 00 5 792 Jesse Cox, For his 4th qr. salary as Sur. Gen'l. 500 00 5 793 John T. Lamar, For his 4th qr. salary as Sec. Senate, 150 00 5 794 Joseph Sturgis, For his 4th quarter salary as Clerk House of Representatives, 150 00 5 795 John G. Polhill, For that part of his 4th qr. salary as Judge S. C. Ocmulgee Circuit, to his decease, 175 00 5 796 Adam G. Saffold, For balance of his 4th qr. salary as Judge S. C. Ocmulgee circuit from his appointment, 350 00 5 797 Garnet Andrews, For balence of his 4th qr. salary as Judge S. C. Northern Circuit, from his appointment, 525 00 5 798 Thomas W. Harris, For his 4th qr. salary as Judge S. C. Western Circuit, from his appointment, 525 00 5 799 Owen H. Kenan, For his 4th qr. salary as Judge S. C. Cherokee Circuit, from his appointment, 525 00 5 800 John Shly, For his 4th qr. salary as Judge S. C. Middle Circuit, from his appointment, 525 00 5 801 Charles S. Henry, For his 4th qr. salary as Judge S. C. Eastern Circuit, 525 00 5 802 Hiram Warner, For his 4th qr. salary as Judge S. C. Coweta Circuit, 525 00 5 803 A. M. D. King, For his 4th qr. salary as Judge S. C. Flint Circuit, 525 00 5 804 Carleton B. Cole, For his 4th qr. salary as Judge S. C. Southern Circuit, 525 00 5 805 Joseph Sturgis, For his 4th qr. salary as Judge S. C. Chattahoochee Circuit, 525 00 5 806 Ebenezer Starnes, For his 4th qr. salary as Attorney General Middle Circuit, 56 25 5 807 William W. Wiggins, For his 4th qr. salary as Solicitor General Southern Circuit, 56 25 5 808 James H. Stark, For his 4th qr. salary as Solicitor General Flint Circuit, 56 25 5 809 George D. Anderson, For his 4th qr. salary as Solicitor General Coweta Circuit, 56 25 5 810 Henry L. Sims, For his 4th qr. salary as Solicitor General Cnerokee Circuit, 56 25 5 811 Howell Cobb, For his 4th qr. salary as Solicitor General Western Circuit, 56 25 5 812 Upton S. Heath, For his 4th qr. salary as Solicitor General Northern Circuit, 56 25 5 813 Henry L. Benning, For his 4th qr. salary as Solicitor Gen. Chattahoochee Circuit, 56 25 5 814 N. G. Foster, For his 4th qr. salary as Solicitor General Ocmulgee Circuit, 56 25 5 815 Edward J. Hardin, For his 4th qr. salary as Solicitor General Eastern Circuit, 56 25 $40,176 22

Page 24

RECAPITULATION. Appropriation for County Academies, $ 19,801 73 Appropriation for Poor School Fund, 17,961 66 Appropriation for Special Appropriation, 1834, 27 12 Appropriation for Special Appropriation, 1836, 8,802 90 Appropriation for Military Fund, 1836, 144 00 Appropriation for Military Fund, 18367, 1,402 56 Appropriation for Military Fund, 1838, 2,293 00 Appropriation for Special Appropriation, 1837, 87,720 58 Appropriation for Special Appropriation, Volunteer Law, 1837, 29,331 79 Appropriation for Printing Fund, 1837, 537 37 Appropriation for Printing Fund, 1838, 19,310 75 Appropriation for Special Appropriation, 1838, 261,687 86 Appropriation for Contingent Fund, 1838, 14,171 12 Appropriation for Special Appropriation, 1838, (Volunteer Law,) 7,031 93 Appropriation for Civil Establishment, 1838, 40,176 22 Appropriation for Contingent Fund, 1837, 594 52 Appropriation for Special Appropriation, 1835, 7,400 00 Appropriation for Fund for redemption of Public Debt, 3,372 81 Appropriation for Military Fund, 1837, 1,545 74 $523,513 66 EXECUTIVE DEPARTMENT, GEORGIA, [UNK] Milledgeville, 3d November, 1838. [UNK] Certified by BENJAMIN T. BETHUNE, Secretary Executive Department .

Page 25

CONDITION OF ACADEMIES. Counties. Academies. Brs. of Educa. Number of Students. Receipts. Expend'rs. On hand. Remarks. Male. Female. Total. Appling, Baker, Albany, Just organized. Baldwin, County M. F. Various, 32 48 80 410 45 $237 47 $127 47 Baldwin, Corinth M. F. Various, 17 12 29 129 50 129 50 Baldwin, Midway Female, Various, 20 49 99 49 99 Bibb, County, Various, 9 46 54 117 51 145 04 Bibb, Vineville, Various, 75 45 120 369 19 369 19 Flourishing. Bryan, Bulloch, No increase or diminution since last reportThe funds remain in good hands. Burke, Waynesborough, Various, 29 20 49 No receipts or expenditures reported. Burke, Pleasant Grove, English, 36 11 47 230 00 525 25 Burke, Bark Camp, English, 22 11 33 000 00 000 00 Butts, Jackson, Various, 74 55 129 000 00 000 00 91 63 Camden, County, Various, 8 4 12 413 00 657 00 Property and funds on hand to the amount of six thousand eight hundred and eighty dollars. Campbell, Campbellton, English, 25 22 47 174 00 100 00 74 00 Carroll, Cass, Cassville, Various, 60 7 00 No expenditures reported. Cherokee, Canton, Various, 38 27 65 No receipts or expenditures reported. The receipts heretofore has been expended towards the building of the Edifice. [See the report of last year. Clarke, County, Various, 40 80 120 214 68 104 08 Clarke, Salem, Various, 30 24 54 Receipts and expenditures none reported. Clarke, Farmers, Various, 63 This Academy has been raised by individual subsubscription, and has not received any funds from the State. Cobb, Marietta, Various, 79 69 148 71 00 Expenditures none reported. Columbia, Oak Hill, Various, 25 none none Columbia, Argins, Various, 40 none none Chatham, County Free School, Various, 50 25 75 806 11 697 67 108 44 Coweta, Newnan Female, Various, 52 Receipts and expenditures none reported. Coweta, Newnan Male, Various, 45 Receipts and expenditures, none reported. Crawford, Clayton, Various, 40 29 69 Receipts and expenditures, none reported. Crawford, Hopewell Female, Various, 54 Receipts and expenditures, none reported. Crawford, Union, English, 38 13 51 none. none. Flourishing. Dade, Decatur, Pleasant Grove, 53 none. none. Decatur, Bainbridge, Lower, 9 15 24 100 00 50 00 The receipts from subscription. DeKalb, County, Various, 32 49 81 335 00 335 00 Dooly, Traveller's Rest, Various, 39 31 70 11 88 Early, Blakely, English, 18 10 28 No expenditures for the last year. Effingham, County, English, 35 5 35 3,344 81 3,344 81 Elbert, Philomatia, Various, 33 19 52 The funds heretofore received have been expended. None received in eightenn hundred and thirty-seven. Elbert, Elberton Male, Various, 31 31 none. none. Elbert, Elberton Female, Various, 3 22 25 163 10 163 10 Emanuel, Fayette, Floyd, Forsyth, Franklin, County, Various, 49 34 83 723 00 587 00 135 99 Flourishing. Gilmer, Glynn, County, 740 84 Expenditure for three years. Greene, Thornton, Various, 31 15 46 No receipts and expenditures reported. Greene, Greenesborough, Various, 50 50 100 2,005 79 1,908 66 97 13 Flourishing. Gwinnett, Lawrenceville F Various, 32 none. none. Gwinnett, Lawrenceville Male, Various, 66 20 86 237 43 221 12 16 31 Habersham, Hall, County, Various, 24 21 43 599 92 475 00 124 92 Hancock, Mount Zion, Various, 45 24 69 Eleven poor children taught in this School. Hancock, Powelton, Various, 28 18 46 63 75 63 75 Hancock, Sparta, Various, 30 12 42 247 09 247 09 Hancock, Sparta, Various, 13 19 32 In the same Academy under the instruction of Miss Fears. Hancock, Sparta F. Model Sc. Various, 82 none. none. Hancock, Farmer's, Various, 48 27 75 none. 84 64 Five children taught out of Poor School Fund. Harris, Republican, Various, 50 Harris, Hamilton, Various, 40 50 90 $135 50 $135 50 Flourishing. Harris, Jenkins, Various, 36 20 56 301 20 176 20 125 00 Flourishing. Heard, Franklin, Various, 33 29 62 none. 74 12 98 20 Debts dne the Institution to the amount of three hundred and five dollars. Henry, County, Various, 46 49 95 1,457 77 1,129 96 327 81 Flourishing. Henry, Mount Pleasant, Various, 47 35 82 This Institution has not received any funds from the State. Houston, Irwin, Jasper, Pleasant Hill, Various, 44 30 74 Jasper, Monticello Male, Various, 57 57 322 36 117 17 205 19 Jasper, Shady Dale, English, 105 125 11 125 11 Flourishing. Jasper, Monticello Female, Various, 46 The amount of funds received has been expended for Apparatus. Jasper, Constitution Hall, English, 18 15 33 98 93 98 93 Jasper, Hillsborough, Various, 48 52 100 121 01 121 01 Paid necessary expenses. Jasper, Palmyra, Various, 65 No returns of receipts and expenditures. Jackson, County, Various, 41 38 79 592 31 615 50 Notes on interest, $1,762 17. Jefferson, County, Various, 49 9 58 258 00 188 56 69 44 Jones, Clinton, Various, 32 1,206 37 13 50 1,192 87 Jones, Fortville, English, 27 22 49 149 01 149 01 40 00 Former dividend. Jones, Union Hill, Various, 23 15 38 254 50 253 89 61 Jones, Blountsville, Various, 18 27 45 $116 00 116 00 Jones, Union, Various, 66 46 112 Flourishing. Laurens, Dublin, 31 $100 00 Laurens, Buckeye, English, 24 18 42 396 95 424 00 Lee, Palmyra, English, 31 none. none. Edifice built by subscription. Lee, Starkville, Various, 18 14 32 $1,786 00 $1,795 00 Liberty, Walthour, Various, 45 48 93 98 68[UNK] 98 68[UNK] No funds in hand, and Institution in debt. Liberty, Sunbury, Various, 13 7 20 none. 200 00 Liberty, Institute, Various, 27 13 40 No returns of receipts and expenditures. Liberty, Taylors creek Union, Various, 21 19 40 35 00 19 60 15 40 Lincoln, Lincolnton Female, Various, 55 53 25 53 25 Flourishing. Lincoln, Goshen, Various, 30 to 4 none. none. Report not satisfactory. Lincoln, Double Branch, Various, 48 27 75 189 29 197 87 Madison, County, Various, 185 00 No school this year, consequently nothing expended. Macon, Flint River, Various, 31 9 40 none. none. Flourishing. Marion, Hazewell, Various, 20 8 28 1,280 95 426 93 654 02 At interest. McIntosh, Merriwether, Greenville Male, Various, 45 none. none. Merriwether, Greenville Female, Various, 55 55 none. none. Monroe, Hill, Various, 56 none. none. Funds used in defraying necessary expenses. Monroe, Culloden M. F. Various, 90 87 177 197 25 197 25 Appropriated to Academy buildings. Monroe, Farmers, Various, 28 23 51 none. none. Flourishing. Monroe, Gulletsville, Various, 32 36 68 none. none. Flourishing. Monroe, Mount Vernon, Various, 32 11 43 40 75 40 75 Monroe, Jackson, Various, 45 16 61 180 00 180 00 3 18 Monroe, Jefferson, Various, 54 225 73 225 73 Monroe, Cicero, Various, 35 17 52 55 35 No receipts returned. Monroe, La Fayette, Various, 35 38 73 Flourishing. Monroe, Montpelier, Various, 25 11 36 Flourishing. Monroe, Chappel Hill, Various, 42 33 75 81 07 35 50 45 77 Montgomery, Morgan, Evansville, Various, 31 5 36 100 06 100 06 This am't was due for 1836 not drawn'till last year. Morgan, Oak Grove, Various, 35 11 46 218 70 155 87 62 82 Morgan, Madison M. F. Various, 65 75 140 153 00 153 00 Expended for Apparatns. Morgan, Rehobothville, Various, 37 63 100 none. none. Flourishing. Murray, Muscogee, County, Various, 50 none. none. Newton, Starrsville, Various, 37 38 75 none. none. Five Scholars entitled to the Poor School Fund. Newton, Farmers, Various, 38 17 55 none. $400 00 Newton, Jefferson, Various, 24 41 65 none. $400 00 $ 45 00 No return made last year, consequently no funds received. Newton, Harmony, Various, 53 27 80 none. none. Amount received in 1837. Paid Teacher and purchase of buildings. Newton, County, Various, 51 60 111 $472 62 1,103 45 Oglethorpe, Meson, Various, 39 44 83 948 45 987 00 Oglethorpe, Prospect, Various, 23 15 38 none. none. Paulding, Pike, Red Oak, Various, 58 No receipts and expenditures reported. Pike, Friendship, Various, 29 27 56 400 00 pd. teacher Flourishing. Pike, Union, Various, 30 24 54 85 80 55 80 30 00 Putnam, Eatonton, Various, 42 101 143 607 63 262 29 344 83 Prosperous. Putnam, Franklin, Various, 43 none. none. No funds received from the State. Putnam, Hearville, Various, 37 22 59 none. none. Putnam, Harmony, Various, 40 123 82 123 82 Flourishing. Putnam, Jefferson, Various, 30 22 52 217 84 217 84 Putnam, Pace, Various, 32 No Academic Fund received by this Institution. Putnam, Salem, Various, 27 27 54 none. none. Pulaski, Rabun, Randolph, County, Various, 53 none. none. Richmond, County, Various, 251 5,357 00 5,403 00 Report for 1836. Richmond, County, Various, 241 4,071 69 4,352 86 Report for 1837. Richmond, At Summerville, Various, 112 Scriven, County, Reports $4,956 69, at interest, due 1st January, in good hands. Stewart, County Female, Various, 51 none. none. Stewart, County Male, Various, 100 51 151 none. none. Stewart, Vanwert, Various, 21 14 35 none. none. This Academy went into operation 1st January. No fund received. Sumter, County, Various, 50 $1,265 95 $685 32 $580 63 Talbot, Franklin, Various, 62 36 98 none. none. This Academy incorporated last year. Talbot, Oak Ridge, English, 42 19 61 none. none. Flourishing. Talbot, Prattsburg, English, 31 23 54 none. none. Talbot, Centreville, Various, 82 none. none. Tattnall, Taliaferro, Crawfordville, Various, 91 42 132 1,299 18[UNK] 1,716 81 Talieferro, Raytown, Various, 18 25 43 This Academy wasincorporated last session. Has not received any fund; consequently none expended. Thomas, Thomasville, Various, 29 22 51 $2,942 10 $2,648 00 294 10 Flourishing. Fifty-eight dollars of Magnolia Bank, (Florida,) on hand. Troup, West Point, Various, 14 10 24 31 67 31 67 Troup, Lagrange Female, Various, 30 33 63 none. none. Twiggs, Richland, Various, 32 24 56 none. none. Incorporated 1837. Twiggs, Pleasant Grove, Various, 46 none. none. Twiggs, Union Hill, Various, 22 18 40 none. none. Twiggs, Marion, Various, 53 none. none. Twiggs, Ocmulgee, Various, 50 23 73 Seven poor children, six Males and one Female taught in this Academy. Twiggs, Planters, Various, 44 26 70 93 00 93 00 Upson, Union, Various, 38 15 53 97 68 Upson, Occhumpa, Various, 35 20 55 38 85 38 85 Upson, Union Hill, English, 32 25 57 none. none. Upson, Thomaston, Various, 42 41 83 85 03 85 03 Upson, Franklin, Various, 31 14 45 none. none. Union, Walker, Pleasant Green, Various, 40 28 00 28 00 A suitable Building in a state of forwardness. Walker, Chattooga, Various, 15 37 52 84 93 84 93 Walton, Pleasant Green, Various, 22 8 30 none. none. Walton, Farmers, Various, 18 12 30 Balance of Fifty-four dollars on hand of last year, services of Teacher. Walton, Monroe, Various, 55 51 106 The Academic Fund received by this Academy has been expended in appropriate repairs. Walton, Rehoboth, Various, 35 17 52 none. none. Walton, Social Circle, Various, 28 15 43 140 59 140 59 Ware, Warren, Warrenton, Various, 21 26 47 158 09 82 92 Warren, Birdsville, Various, 22 24 46 none. none. Incorporated last year. Warren, Monaghan, Various, 49 19 68 180 70 183 37 294 41 On hand at last report. Washington, Bethlehem, Various, 21 22 43 118 66 194 45 167 00 Loaned at interest $283 60. Washington, Dees', Various, 32 18 50 none. none. Washington, County, Various, 19 35 54 151 76 151 76 Appropriated to repairs on Edifice. Washington, County Union, Various, 39 none. none. Washington, Gum Spring, Various, 25 10 35 This Academy went into operation in 1836, and has not received any thing from the State. Washington, Davisboro', Various, 21 9 30 none. none. Washington, Farmer's School, Various, 28 22 50 none. none. Wayne, Wilkes, Danburg, Various, 11 38 49 none. none. Wilkes, Rehoboth, Various, 36 23 59 none. none. Wilkes, Mallorysville, Various, 25 20 45 315 10 178 50 130 60 Wilkes, Washington, Various, 87 101 188 362 62 243 45 119 17 Wilkinson, County, Various, 19 8 27 1,067 53 514 60 552 93 3,559 3,742

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CONDITION OF POOR SCHOOLS. Counties. Trustees. Number Instructed. Brs. of Educa. Receipts. Expend'rs. On hand. Remarks. Male. Female. Total. Appling, Wm. A. Studivant, 41 29 70 Not reported. $152 70 670 08 Balance in the fund. The ages of a part of the pupils not returned. Baker, Bibb, Baldwin, B. P. Stubbs, 17 11 28 $890 19 890 19 Bulloch, Bryan, Reubin English, 37 35 72 Lower, 1,051 86 319 18[UNK] $723 67 Burke, J. W. Blount, 65 51 116 Various, 477 79 477 79 Balance due by Trustee, $123 17[UNK]. Butts, Charles Bailey, 84 Various, 447 46 282 91[UNK] 164 54 The ages and sexes not reported. Camden, Campbell, E. P. Bomar, 66 33 99 Various, 336 85 No receipts reported. Carroli, Wm. L. Parr, 59 53 112 English, 186 93[UNK] 186 93[UNK] none. Cass, George B. Russell, 24 26 50 English, 217 78 98 81 118 96 Balance on hand in 1837, was $217 78. Chatham, Cherokee, Thomas Sansom, 451 90 105 86[UNK] 346 03 This is the state of the fund at the death of Col. Ligon. No fund drawn by the present Trustee. Columbia, John Cartledge, 40 47 87 English, 558 58 367 45 191 12 Coweta, David Mosely, 263 75 263 75 The number, ages, and sexes of pupils not returned; also, accounts unpaid, $217 54. Crawford, P. M. Calhoun, 19 6 25 165 84 163 50 9 19 Balance on hand from last report,$6 85. Dade, Decatur, DeKalb, E. B. Reynolds, 102 89 191 541 20 Which will be paid to Teacher on the 1st of Jan'y. Dooly, Thomas H. Key, 31 25 56 187 15 241 85 Considered good $157 06, on broken Banks. Early, Effingham, John Charlton, 23 11 34 354 72 128 13 226 59 The ages of pupils not returned. Eibert, Wm. B. Nelms, 138 99 237 384 38[UNK] 368 75 15 63 Of which $3 63, is balance of fund of 1837. Emanuel, John Love, 134 44 No report of children or receipts. Fayette, Wm. McBride, 32 46 78 275 34 275 34 Floyd, Forsyth, D. McCoy, 56 39 95 144 74 146 76 Trustees commissions included in expenditures. Franklin, Thomas King, 220 168 388 451 00 457 55 Trust. com. included in expend. Due Trust. $29 10[UNK]. Gilmer, Glynn, S. M. Burnett, 96 00 100 00 This is the fund of 1830, and the Poor Schools have drawn since that time from Academic Fund. Greene, Thomas W. Grimes, 81 71 152 752 95 200 53 552 42 Gwinnett, Wm. Maltbie, 132 1,027 10 470 98 556 12 Of which $317 36 balance of 1837. Habersham, J. F. Carter, 32 27 59 Lower, 621 25 623 44 2 19 Hall, E. M. Johnson, 124 110 234 Lower, 670 62 600 32 70 32 The ages of a part of the pupils not returned. Hancock, Henry Rogers, 64 45 109 351 22 322 26 13 39 Ages of children not returned. Harris, 109 10 109 10 Number of children not returned. Heard, Bailey Bledsoe, Henry, A. G. Murray, 96 69 163 English, 585 43 585 97 Fifty-six cents due Trustee. The ages of children not returned. Houston, C. H. Rice, 336 06 159 87 176 18 Number of children not returned. Irwin, John McDormice, 22 20 42 English, 907 00 161 96 128 03 Notes at interest, $617 00. Jackson, Jackson Beall, 47 26 73 English, 404 00 159 33 244 67 Ages of children not reported, and returns have been received from the Districts. Jasper, Jones, C. Macarthy, 161 120 281 522 83 395 34 157 49 Report for 1837 and 1838. Jefferson, Laurens, Lee, Liberty, Lincoln, E. Frazer, 217 00 257 92 The number, ages, and sexes of children not returned. Lowndes, Lumpkin, Madison, Wm. Sanders, 50 32 82 188 44 154 22 34 22 Macon, Marion, McIntosh, Merriwether, C. F. Jay, 59 50 109 Lower, 258 15 196 03 42 11 Ages not returned. Report for 1836 and 1837. Monroe, E. G. Cabaness, 82 54 136 English, 591 91 591 91 Montgomery, Jesse Higgs, 20 12 32 3,170 00 123 70[UNK] 79 25 And $3,063 50, in notes. Morgan, J. W. Porter, 1,188 63 352 69 835 94 Number, ages, and sexes, not returned. Murray, B. McGehee, 34 13 47 Lower, 93 37 77 80 15 57 The ages of children not returned. Muscogee, H. A. Thornton, 25 24 49 120 29 373 03 No account of receipts in report. Newton, H. Burge, 26 27 53 Lower, 486 06 486 06 The ages of children not returned. Oglethorpe, H. Brittain, 36 18 54 Lower, 317 78 248 38 70 48 Paulding, Pike, Thomas B. Daniel, 282 78 282 78 Paid out for tuition of poor children. Pulaski, Putnam, W. B. Carter, 403 13 380 25 22 88[UNK] No return of children taught. Rabun, Randolph, Richmond, Scriven, Stewart, J. S. Yarbrough, 13 8 21 181 00 61 35 119 64[UNK] Sumter, Talbot, Taliaferro, Q. O'Neal., 58 41 99 193 71 202 33 The ages of children not returned. Tattnall, Report from this county informal throughout. Troup, Wiley Wilson, 39 29 68 no receipts 229 84 283 54 Names, ages, and sexes, not returned. Twiggs, Thomas Dozier, 51 50 101 609 64 608 00 1 51 Names and ages not returned. Union, Upson, Walker, Jesse Mitchell, 703 67 503 60 200 07 Number, names, ages, and sexes, not returned. Ware, Wilkes, J. H. Dyson, 29 35 64 312 60 218 96 93 64 Mostly due to Teachers. Warren, Washington, Wayne, M. H. Harris, 22 20 42 English, 316 34 139 99 176 35 Wilkinson, C. C. Beall, 651 43 342 93 308 11[UNK] Report of 1837 and 1838; names, number, and ages of children not set forth. 2,139 1,669

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RECAPITULATION. Aggregate of Females taught in Academies, 3,793 Aggregate of Males taught in Academies, 3,646 PARTICIPANTS OF POOR SCHOOL FUND. Aggregate number of Females, 1,669 Aggregate number of Males, 2,139 ERRATA. In the Act to alter and fix the times of holding the Superior Courts of the Southern Circuit and for other purpose, at page 89, at top line, should read: In the county of Dooly, on the third Monday in April and October.

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INDEX TO THE LAWS. A. ACADEMIES Baker Albany Academy incorporated, and trustees appointed for, 5 Bulloch Bulloch County Academy, commissioners appointed for, 7 Burke Waynesborough Academy, commissioners to exercise privilege over the Town common, 10 Carroll Liberty Plains Academy incorporated, and trustees appointed for, 5 Cherokee Hickory Flat Academy incorporated, and trustees appointed for, 9 Columbia Kiokee Academy incorporated and trustees appointed for, 4 County Line Academy, trustees appointed for, 8 Coweta Edisco Academy, trustees appointed for, 9 Newnan Academy incorporated, and trustees appointed for, 10 Crawford County Line Academy incorporated, and trustees appointed, 4 Dade Dade County Academy incorporated, and trustees appointed for, 9 Larkin Hendricks, one of the trustees to receive Academy funds for said county, 9 Decatur Decatur County Academy, trustees appointed for, 10 Dooly Bristol Male and Female Institute incorporated, and to receive one half of the Academic Fund apportioned said county for the education of poor children, 10 Travellers Rest Academy, act of incorporation repealed, 10 DeKalb Stone Mountain Academy, trustees appointed for, 10 Early Fort Gaines Female Inst. incorporated, and trustees appointed for, 4 Floyd Rome Academy, trustees appointed for, 11 Silver Creek Academy, trustees appointed for, 8 Glynn Brunswick Academy incorporated, and trustees appointed for, 11 Act incorporating Glynn County Academy repealed, 11 Trustees of Glynn County Academy to pay over and transfer to the Trustees of Brunswick Academy, all funds, monies, stock, and property in their possession, 11 Academy of Glynn county Trustees added, 7 Hancock County Line Academy, trustees appointed for, 9 Harris Shoal Academy, trustees appointed for, 9 Houston Haynesville Academy incorporated, and trustees appointed for Constitution of the Stockholders to be entered upon the minutes, and to be the fundamental law of said Corporation, 12 Minerva Academy Trustees appointed, 8 Laurens Laurens Hill Academy incorprated, and trustees appointed for, 4 5 Liberty Malmaison Academy incorporated, and trustees appointed for, 4 Lumpkin Lumpkin County Academy, trustees appointed for, 10 Macon Flint River Academy incorporated, and trustees appointed for, 4 Lanier Male and Female Academies incorporated, and trustees appointed, 4 Merriwether Fellowship Academy, additional trustees appointed for, 6 Monroe Culloden Male and Female Academy incorporated, and trustees appointed for, 5 Male and Female Academy of Forsyth, trustees to be elected annually, 6 Rum Creek Academy incorporated, and trustees appointed for, 12 Muscogee Ebenezer Academy incorporated, and trustees appointed for, 7 Newton Rock Dale Academy incorporated, and trustees appointed for, 5 Paulding Williams Academy incorporated, and trustees appointed for, 14 Randolph Union Academy, trustees appointed for, 15

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Stewart Florence Female Academy incorporated, and trustees appointed for, 4 Centreville Academy, trustees appointed for, 7 Talbot Union Academy incorporated, and trustees appointed for, 4 Mount Pleasant Grove Academy, trustees appointed for, 9 Dion Academy incorporated, and trustees appointed, 9 Belle Vue Academy, trustees appointed, 7 Taliaferro South Liberty Academy, trustees appointed for, 8 Ebenezer Academy, trustees appointed for, 8 Fairfield Academy, trustees appointed for, 9 10 Troup Home Academy, trustees appointed for, 8 Twiggs Marion Academy, trustees appointed for, 7 Richland Academy, trustees appointed for, 7 Upson Franklin Academy, additional trustees appointed, 7 Washington Washington County Academy, Board of Trustees to be reduced to the number of five, 6 Keg Creek Academy, trustees appointed for, 9 Wilkes Danburg Fe. Academy incorporated, and trustees appointed, 4 Presbyterian Church Washington Female Seminary incorporated, 13 Powers of the trustees, 13 ACADEMIES OF FINE ARTS Incorporated in the City of Augusta, 15 Privileges conferred, 15 16 Columbus Lyceum incorporated, 16 Privileges granted, 16 ACADEMY AND POOR SCHOOL FUNDS Baker The Governor to pay over to the proper authority all arrearages due said county as its part of the Academic fund, 17 Camden The Governor to pay over to Alexander Atkinson all arrearages of the Poor School fund due said county, 19 Cobb The Governor to pay all arrearages of the Poor School fund to the Senator of said county, 19 Lee Trustees of Lee County Academy, to receive all arrearages of the Academic funds of said county, 19 Randolph Trustees of Randolph Co. Academy and the Trustee of the Poor School Fund to draw for all arrearages due, 19 Richmond Alexander Cunningham to draw for all arrearages of the Academic fund due Richmond County Academy, 19 APPORTIONMENT OF REPRESENTATIVES Act of Apportionment, 20 APPROPRIATIONS For the support of Government for the political year 1839. For the Governor, 21 For the Secretary of State, 22 For the Treasurer, 22 For the Surveyor General, 22 For the Comptroller General, 22 For the Secretaries of the Executive Department, 22 For the Secretary of the Senate, 22 For the Clerk of the House of Representatives, 22 For the Judges of the Superior Court, 22 For the Attorney General, 23 For the Solicitors General, 23 For the Compensation of the Members of the Legislature, 22 For the Compensation of President of Senate, 22 For the Compensation of Speaker of the House of Representatives, 22 For the Clerks and Assistant Clerks of the two Houses, 22 For the Engrossing Clerks of the Senate and H. of Representatives, 23 For the Enrolling Clerks of the Senate and H. of Representatives, 23 For the Clerk of the Committee on Education and Free Schools, 23 For the Clerk of the Committee on Internal Improvement, 23 For the Clerk of the Committee on Banks, 23 For the Clerk of the Committee on the Penitentiary, 23 For the Clerk of the Committee on the Census, 23 For the Messengers and Door Keepers, 23 For the Printing Fund, 22 For the Contingent Fund, 22 For the Military Fund, 22 For Thomas Carroll, 23 For Daniel Newnan, 23 For N. M. Robinson, 23 For Asa Bates, 23 For William Y. Hansell, 24 For George R. Clayton, 24 For Thomas Stocks, 24

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For John T. Lamar, 24 For Henry Darnell, 24 For James Austin, 24 For Boswell Y. Evans, 24 For Seth Strange, 24 For Robert G. Brown, 24 For James S. Blackwell, 24 For Green B. Ball, 24 For Benjamin Laughridge, 25 For The Government House, 25 For Adolphus S. Rutherford, 25 For Isaac McCrary, 25 For Joel Crawford, 25 For Charles L. Bolton, 25 For Samuel Faris, 25 For Patrick L. Robinson, 25 For Clerk in the Treasurer's Office, 25 For Clerk in the Comptroller's Office, 25 For Charles W. Howard, 26 For Improving the navigation of the Great Ogeechee River, 26 For Penitentiary Fund, 26 For Jesse C. Farrar, 26 For Andrew J. Hansell, 26 For The Commissioners of the Indigent Deaf and Dumb, 26 For An additional Clerk in the Surveyor General's Office, 26 For Commissioners of Western and Atlantic Rail Road, 26 For Clerk in the Secretary of State's Office, 26 For Clerk in the Surveyor General's Office, 26 For Repairing the State House, 27 For Central Bank to pay Appropriations, 27 For Christopher F. Fickling, 27 For Expenses of the Convention of May 1839, 27 For Insuring the Public Buildings in Milledgeville, 27 For The Inspectors of the Penitentiary, 27 For Otis Childs, 27 For Jeremiah Shaw, 27 For James Fulwood, 28 For Basil Dawsey, (by Special Act,) 92 For Salary of Comm'r. of Indigent Deaf Dumb, (by Special Act,) 92 For Indigent Deaf and Dumb, 93 For Military Store Keepers, 158 For The improvement of the Unicoy Road, and for other purposes, 212 ARSENAL For Repairing the Public Arsenal at Milledgeville, 28 For Repairing the Public Arms at the Arsenal, 28 For Appropriation for, 28 ASYLUM FOR THE POOR Oglethorpe To establish an Asylum for the Invalid Poor of said co. 29 Pike To establish an Asylum for the Invalid Poor of said county, 89 90 ATTORNEYS The following persons authorized to plead and practice Law: John S. Murray, 29 John A. Carey, 29 William H. Gibson, 29 Thomas C. Hatchet, 29 Jared E. Kirby, 29 Amelius Torrance, 29 Isaiah T. Irwin, 29 Stephen W. Harris, 29 Richard F. Brantley, 29 William B. Shelton, 29 Sidney B Payne, 29 William R. McLaws, 29 Cuyler W. Young, 29 Alexander H. Cooper, 29 William B. Guerry, 29 William Payne, 29 Charles A. Redd, Jun. 29 Martin J. Crawford, 30 AUDITING ACCOUNTS Act pointing out the mode of Auditing Accounts, 31 32 B. BAIL To regulate the proceedings [Illegible Text] certain cases, 33

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BANKING Act to authorize the business of Banking, and to regulate the same, 33 To regulate settlements between Banks, 44 To define the liability of Stockholders, 44 CENTRAL BANK To extend the loan made by them, or to borrow a sum of money, 44 45 Money borrowed to pay appropriations made by the Legislature, 45 To extend the Charter of, and increase the Capital thereof, 45 INSURANCE BANK OF COLUMBUS To remove its principal Office to the City of Macon, 46 BRIDGES Joseph Collins, Jun. to build a Bridge across the Ohoopie River, 47 Rate of Toll established, 47 M. Hall McAllister, William Law, Frederick Densler, Wm. B. Bulloch, J. McPherson Berrien, and their associates, to build a Bridge across Savanvah River, or establish a Ferry by Steam or Team Boats, at the City of Savannah, or within four miles thereof, 48 To authorize Alexander Burnett, Thomas Gardner, M. J. Lawrence, John D. Pitts, Samuel Tompkins, James B. Brown, A. P. Rood, and the Florence Company, to erect a Bridge across the Chattahoochee River, at Florence, in Stewart county, 50 Tomlinson Fort, Nelson Tift, and John C. Harris, to erect a Bridge across Flint River, 128 C. CAVALRY COMPANIES To repeal the 6th Section of Act authorizing the formation of Cavalry Companies, passed 22d December, 1835, so far as relates to the county of Lincoln, 52 CENSUS Act to compensate persons taking the Census for 1838, 53 CERTIORARIS No Certiorari to issue unless applied for within six months after the case has been determined, 54 CHURCHES Burke Botsford Baptist Church incorporated, and trustees appointed, 57 Cass Bethel Church incorporated, and trustees appointed, 56 Effingham Wesleyan Methodist Episcopal Church at Springfield, in said county, incorporated, and trustees appointed, 55 58 Tuckaseeking Episcopal Wesleyan Church in said county, incorporated, and trustees appointed, 58 Goshen Wesleyan Episcopal Church incorporated, and trustees appointed, 55 Habersham Baptist Church at Salem incorporated, and trustees appointed, 55 Hancock Beulah Church incorporated, and trustees appointed, 54 Horeb Baptist Church incorporated, and trust, appointed, 56 Blue Creek Baptist Church incorp. trust. appointed, 55 Heard Baptist Church at Bethel incorporated, and trustees appointed, 62 Merriwether Greenville Baptist Church incorporated, and trustees appointed, 55 Troup Antioch Church incorporated, and trustees appointed, 55 Upson Emmans Baptist Church incorporated, and trustees appointed, 55 Warren Fountain Camp Ground incorporated, and trustees appointed, 60 Wilkes Shiloah Christian Church iacorp'd and trustees appointed, 56 Cherokees Certain individuals of the Cherokee Tribe of Indians admitted to the rights of Citizenship, 68 69 CITIES Savannah Authorized to borrow money for works of Internal Improvement, 63 Corporate limits of, extended, 63 64 Jurisdiction of the Court of Common Pleas and Oyer and Terminer equally extended, 64 Augusta To amend the several acts in relation to the City of Augusta, and the Court of Common Pleas of said City, c. 64 Judge of the Court of Common Pleas to be elected by the City Council, 64 Defendants in said Court may plead as many pleas as they may think necessary to their defence, 65 Relating to sets-off in said Court, 65 Relating to Jurors, 65 Fire Company of said City exempt from Jury duty, 65 Horses, cattle, or other stock levied on in said city, by any officer, he may retain his charge for keeping said property out of the sale thereof, 65 Justices of the Peace of said city to authorize the payment of costs before commencing suit, 65 66

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Macon Mayor and Council of said city may contract for loans of money not exceeding two hundred thousand dollars 66 Council shall elect a Mayor annually, to remove him at their discretion, and fix his salary, 66 67 Mayor to obtain the consent of Council before leaving the State, 67 To extend the corporate limits of said city, 67 Exclusive power to regulate the Patrol Laws of this State within the corporate limits of said city, and to appoint a Guard, 68 Columbus To extend the corporate limits of said city; exclusive power to regulate the Patrol Laws of this State within its corporate limits, and to appoint a Guard, 68 CITIZENSHIP To grant the right of Citizenship to certain Cherokee Indians and their descendants, 68 COMPILATION OF LAWS Postponed until 1846, 69 70 COMPUTATION OF TIME By the Calendar, and not by the Lunar month, 70 CONSTABLES Justices of the Peace to appoint Constables in certain cases, 71 CONTRACTS IN WRITING To declare the force and effect of, 72 To define what shall constitute an instrument under seal, 72 CONVENTION To provide for the call of, to reduce the number of the Gen. Assembly, 73 Election of Delegates 1st Monday in April, 1839, 73 Convention to meet 1st Monday in May, 1839, 73 COUNTY SITES Floyd To remove the County Site from the Town of Livingston to Rome, in said county, and to incorporate the same, 76 Marion To establish the Public Site of, 127 Paulding To make permanent the site of the Public Buildings at the Town of Van Wert, in said county, and to incorporate the same, 75 Macon To make permanent the county site of, at Lanier, 121 COUNTIES To organize a new County, from the counties of Floyd and Walker, to be called Chattooga, and to organize the same, 77 78 Lowndes To amend and alter the Acts passed 20th December, 1834, to appoint Commissioners, to build a Court-House and Jail in said county, and also the Act of 23d December, 1835, relative to the same, 79 COUNTY LINES To define the line between Murray and Gilmer, 79 To define the line between Rabun and Habersham, 80 To add Lot No. 159, in the 13th District Wilkinson, now Laurens, to the county of Montgomery, 81 COUNTY SURVEYORS To administer oaths in certain cases, 81 COUNTY TREASURERS To define their duties and liabilities, 82 COURTS Morgan To legalize the adjournment of the Superior Court of, 83 Muscogee To legalize the adjournment of the Superior Court of, 83 Bibb To legalize the adjournment of the Superior Court of, at the Fall Term, 1838, 84 Columbia Time of holding Inferior Courts of, changed, 84 Richmond Time of holding the Superior and Inf. Courts of, changed, 84 Franklin Time of holding the Superior Courts of, changed, 85 Habersham Time of holding the Superior Courts of, changed, 85 Rabun Time of holding the Superior Courts of, changed, 85 Macon Time of holding the Superior and Inferior Courts of, changed, 85 Baldwin To legalize the adjournment of the Superior Court of, 85 Baldwin To change the times of holding the Sup. and Inf. Courts of, 86 Harris To alter the times of holding the Superior and Inf. Courts of, 86 Houston To change the time of holding the Inferior Courts of, 86 Wilkes To alter the time of holding the Superior and Inf. Courts of, 87 Stewart To alter the time of holding the Inferior Courts of, 88 SOUTHERN CIRCUIT To alter the times of holding the Superior Courts of, in the following Counties: Pulaski, Irwin, Telfair, Decatur, Thomas, Lowndes, Ware, Appling, and Laurens, 89 For the County of Dooly, ( See Appendix ,) 235

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Forsyth To alter the times of holding the Inferior Courts of, 89 Pike Inferior Court of, to appropriate funds for the support of the poor, 89 Macon Inferior Court of, to employ some competent person to assist the County Surveyor, to mark out and define the limits of said county, and to compensate them for the same, 90 Muscogee Inferior Court of, to pay the Sheriff of said county a sum not to exceed $200, for summoning Jurors, 221 CRIMES AND MISDEMEANORS To define the punishment of a Crime or Misdemeanor, committed by a Slave, by the counsel, persuasion, or procurement of Free White Persons, 91 D. BASIL DAWSEY To compensate for carrying an Express, 92 DEAF AND DUMB To provide for the Indigent Deaf and Dumb of this State, 92 For the appointment of a Commissioner, to regulate his duties, and fix his salary, 92 To appropriate money for the same, 93 Appropriation for Deaf and Dumb, 93 DEEDS AND BILLS OF SALE How to be proven and recorded, 94 To admit them, or copies thereof, in evidence in the Courts of Law and Equity in this State, 94 DOBOY ISLAND Masters of Vessels in Doboy Harbor to provide for their sick crews or seamen, 95 To extend the Harbor rules and regulations of Darien to said Island, 96 E. EDUCATION To amend the Act to establish a General System of Education by Common Schools, passed 20th December, 1837, 96 To establish a General System of, 257 ELECTION PRECINCTS Talbot To change the Precinct from Rushin's, to the house of Richard A. Hall, known as Liberty Hill, 98 Stewart To change the Precinet from Roanoke to the Town of Florence, 99 Jones To repeal the Act of 26th December, 1826, so far as relates to holding Elections at the Old Fortification, 100 Marion To establish a Precinct at Yelverton's Mills in said county, 100 Twiggs To establish a Precinct at Higgsville in said county, 101 Oglethorpe Precincts established at the Store of Moses Wright, and at Arnold's Store in said county, 101 Madison To compensate the Justices who superintend the Elections at the Election Precincts in said county, 101 F. FERRIES Joseph Griffin, to establish a Ferry across Savannah River, in Burke county, 102 Joseph Bond, to establish a Ferry across the Chattahoochee River, in Gwinnett and Forsyth counties, 102 Thomas Hardin, to establish a Ferry across Little River, in Columbia and Lincoln counties, 103 The Act to establish a Ferry over the Altamaha, at Fort Barrington, passed 22d December, 1808, with the several amendments thereto, continned in force for 10 years, 104 To establish the rates of ferriage at Little Bluff Ferry in Burke county, 104 Aristarchus Wood, Sen`r. to establish a Ferry across the Chattahoochee River, in Coweta and Carroll counties, and the Ferry of Christopher Bowen of the county of Carroll, across said River, 105 FRACTIONS Frederick Thompson, to receive a Grant for Fraction No. 207, in the 3d District of Walton county, 105 Millington Smith, Grant in his favor for Fraction 311, 16th District of Henry, made valid, 106 G. GAMBLING WITH SLAVES To punish White Persons for gambling with, 107

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GIFTS OF SLAVES To prescribe the mode of making Gifts of Slaves, 107 GLEBE LANDS To authorize the sale of, in Bryan county, 108 GRAND AND PETIT JURORS Campbell To repeal An Act to compensate Grand and Petit Jurors, passed 23d Dec. 1837, so far as relates to the county of Campbell, 109 Monroe To compensate the Grand and Petit Jurors of, 109 Tattnall To compensate the Grand and Petit Jurors of, and to levy an extra tax for that purpose, 110 Jones To compensate the Petit Jurors of, 111 Macon To compensate the Grand and Petit Jurors of, 111 Elbert To amend the 2d Section of An Act, passed 23d Dec. 1837, to compensate the Grand and Petit Jurors of the Superior and Inferior Courts of the counties therein named, so far as relates to the county of Elbert, 112 Bryan To repeal so much of the aforesaid Act, as relates to the county of Bryan, 113 GUARDIANS AND MINORS To repeal the 5th Section of An Act authorizing Guardians of Minors to receive, recover, and remove from the State of Georgia, in cases where such Guardian and Minor both reside out of the State, the property of their Wards, passed 25th December, 1837, and to extend the same to cases of Idiots, 113 GEORGIA INFIRMARY To amend An Act to establish an Infirmary for the relief and protection of aged and infirm negroes of the State of Georgia, 114 I. INCORPORATIONS Dahlonega To extend the corporate limits of the Town of, in the county of Lumpkin, 114 Warrenton To alter and amend the several Acts heretofore passed for the incorporation and regulation of the Town of Warrenton, in the county of Warren; to extend the corporate limits, c. 116 West Point To extend and define the corporate limits thereof, c. 121 Lanier To make permanent the county site of Macon at Lanier, and to incorporate the same, 121 Reidsville To incorporate the Town of, in Tattnall county, 123 West Point Company Incorporated, c. 125 Troupville To amend the Act passed 14th Dec. 1837, to incorporate the Town of Troupville, in the county of Lowndes, 126 Tazewell To make permanent the site of Public Buildings in the county of Marion, and to incorporate the same, 127 Albany To incorporate the Town of, in the county of Baker, 128 Springville To incorporate the Town of, in the county of Cobb, 129 Springfield To incorporate the Town of, in Effingham county, 130 Canton To incorporate the Town of, in the county of Cherokee, 132 Amendatory Act, 134 Bristol To incorporate the Town of, on Flint River, formerly known as Traveller's Rest, 132 Relief Society of the Georgia Annual Conference of the Methodist Episcopal Church, incorporated, 134 Brunswick Insurance and Trust Company, incorporated, 136 Muscogee Insurance Company, incorporated, 138 La Grange High School in the county of Troup, incorporated, 140 INDIAN SPRINGS RESERVE To authorize the Commissioners to sell such of the streets and passways as are not necessary for public use, 142 ISLANDS The Governor to appoint a Commissioner to survey and sell the Islands in the Chattahoochee, 143 Also, to sell Lot No. 83, in the 20th District of Early, 143 J. JUDICIARY To amend the 32d Section of the Judiciary of this State, passed 16th February, 1799, as relates to illegality in executions, 145 L. LUMBER COMPANY To amend the Act passed 17th December 1834, to incorporate the Georgia Lumber Company, 145

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LUMATICS To increase the number of persons to whom commissions of Lunacy shall issue, 146 Lunatics and Insane Persons to be arrested in certain cases, 147 LAMBERT'S ESTATE To authorize the Executors of, to sell said estate, and vest the proceeds in stock and other property, 143 LANDS To authorize the sale of certain Lands in Cherokee county, and the disposition of the proceeds thereof, 149 To authorize the sale of Lot No. 83, in 20th District of Early, 143 LOTTERY Fort Gaines Academy Lottery, Commissioners appointed for, 151 M. MANUAL LABOR SCHOOLS Houston To amend the Act to incorporate the Wesley Manual Labor School, and appoint Trustees for the same, 151 Talbotton To incorporate the Manual Labor School near Talbotton, known as the Collingsworth Institute, and appoint Trustees for the same, 152 MASTERS IN EQUITY To appoint a Master in Equity for Burke and Monroe counties, 155 MEDICAL, COLLEGE Savannah To incorporate tho Medical College of, 156 MILITARY STORE KEEPERS To regulate the appointment, and define the duties, and fix the salaries of Military Store Keepers, 157 MILITIA DISTRICTS Lee The Inferior Court to form new Militia Districts in said county, 158 Montgomery The Inferior Court of, to alter and regulate the District Lines of said county, 159 N. NAMES CHANGED Willis Pulaski to Willis Pulaski Thomas, 159 Jeremiah Shaw to Jeremiah Jackson, 159 Edwin R. Brown to Edwin R. Worthen, 160 Robert Henry Russell to Robert Henry Taylor, 160 Emanuel W. Wall, to Emanuel W. Mosely, 160 William S. Silivert to William S. Moseley, 160 Susannah, Moore to Polly Ann Moseley, 160 Polly Lovel to Polly Gray, 160 Charlotte Lewis to Charlotte Brumfield, 160 Adolphus S. Holland to Adolphus S. Nelms, 160 Elizabeth Turner to Elizabeth Johnson, 160 George Ann Turner to George Ann Barber, 160 William Stotesberry to William Sobieski McFarland, 160 Appilee Lake to Appilee McCullers, 161 Noah Wheeler Lee to George Washington Lee, 161 Tempy Ann Jones to Ann Austin, 161 Sarah Ann Parker to Sarah Ann Byne, 161 Ellington Johns, Caleb Johns, John Johns, Ezekiel Johns, and James Johns, to Ellington Attaway, Caleb Attaway, John Attaway, Ezekiel Attaway, and James Attaway, 161 Timothy C. Beasley to Timothy C. Golding, and Nancy Beasley, (formerly), now Nancy Posey,) 161 John P. Wise to John B. McElven, 161 Edmund Dukes to Edmund Burnside, 161 Jonaihan Wootson Pregors to Jonathan Wootson Studestill, 161 Franklin McDaniel to Franklin Scott, 161 James Walton Whitehead, Martha Amanda Whitehead, and Sarah Elizabeth Whitehead, to James Walton Hudson, Martha Amanda Hudson, and Sarah Elizabeth Hudson, 161 Sophia Thompson, wife of Robert Thompson, and Nancy Honge, wife of Darius Houge, being the reputed illegitimates of James Hudson, of Clark county, 162 William Stotesbury to William Sobieski McFarland, 162 Tempy Ann Jones to Ann Austin, 162 Robert Jackson Fareloth to Robert Jackson Weeks, 162 Ann Mershon to Ann Guyton, 162 George Wilson Greenhow to George Wilson Lloyd, 162 John Parker to John Willmot, 162 Seaborn A. Colson, Samantha Colson, and Irwin J. Colson, to Seaborn A., Samantha, and Irwin J. Hodge, 162

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Granville B. Mock to Granville B. Bivell, 162 Paul C. Anderson to Paul C. Farmer, 162 P. PARDON Of William Porter, 163 Of John Gray, 163 Of Jarvis Brooks, 141 PARTNERS To authorize Partners, or Persons jointly interested, under certain circumstances, to execute sealed instruments, 165 PEDLERS To exempt Henry Darnell from the Acts concerning, 165 PENAL CODE To amend the 35th Section of the 14th Division of the, 166 To amend the 9th Section of the 13th Division of the, 166 PUBLIC ARMS To sell and dispose of a portion of the Public Arms and Military Stores belonging to the State, 167 PUBLICATION OF BILLS, WRITS, c. To regulate the publication of, c. 168 R. RAIL ROADS To amend the Act for the location and construction of the Western and Atlantic Rail Road, passed 21st December, 1836, and the Act amending the same, passed December 23d, 1837, 169 To incorporate the Louisville Rail Road Company, 170 To incorporate the Augusta and Waynesborough Rail Road, 174 To incorporate the Talbotton Rail Road Company; and also to incorporate a Company for the construction of a Rail Road Communication between the Flint and Ocmulgee Rivers, on or near the Dividing Line of Houston and Dooly counties, 181 To incorporate a Company to construct a Rail Road from the Town of Eatonton, to some point on the Central Rail Road, 191 To appropriate a portion of the Extension Stock of the Monroe Rail Road and Banking Company, above Forsyth, to that portion of the Road below, 191 To incorporate the Washington Rail Road and Banking Company, 192 To amend the Act incorporating the Brunswick and Florida Rail Road Company, passed 22d December, 1835, and to authorize said Company to hold certain vacant or ungranted lands, 197 To alter, amend and explain the Acts incorporating the Chattahoohoochee Rail Road and Banking Company of Georgia, 198 To amend and consolidate the Acts granting chartered privileges to William B. Davis aud Urbanus Dart, and their associates, to construct a Canal or Railway, or both, from the Altamaha to Turtle River, in Glynn county, or to Brunswick, passed 20th December, 1826, and the 14th December, 1830passed December 20th, 1834, 200 RELIEF For the relief and support of Widows and Orphans out of the Estates of their deceased Husbands and Parents, 201 For the relief and benefit of Adeline Brodnax, 201 For the relief of Elizabeth M. M. Greenwood, 202 For the relief of Darling Vickers, 202 RESIDENCE OF CITIZENS To more fully define the legal residence of citizens and inhabitants of this State, 203 RETAIL LICENSE Further to regulate the granting of, 204 RIVERS AND CREEKS To incorporate the Chattahoochee Company, for the improvement of the navigation of said River, 205 To appoint additional Commissioners on the Ohoopee and Canoochee Rivers, in the county of Tattnall, 209 To keep open, remove, and prevent obstructions of the Coosa River, from the Alabama Line, to the head thereof, and its Branches, the Etowah, Oostanallee, and the Conesauga, to the Tennessee Line, 210 To amend the Act appropriating a sum of money to remove obstructions, and improve the navigation of Flint River, c., assented to, December 29th, 1836, 211 To authorize the opening of Upatoie creek, 211 ROADS To appropriate money for the improvement of the Unicoy Road, and for other purposes, 212

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To appoint a Commissioner for the Road leading from Loudsville, Habersham county, by Blairsville, to the State Line, 214 To amend An Act passed 25th December, 1837, concerning Road Laws, so far as respects the county of Camden, 214 To amend the Road Laws, so far as respects the county of McIntosh, 215 To amend the same, so far as respects the county of Union, 215 To amend the same, so far as to be kept in good repair all places where any Rail Road which now is, or may hereafter be chartered, crossing any public highway in this State 216 S. SHERIFFS AND CLERKS Camden John W. Bailey, a minor, to act as Deputy Clerk in certain Offices, and to legalize his acts, 218 To compensate the Sheriff of, for summoning Grand and Petit Jurors, 221 Muscogee Thomas Burch, a minor, to act as Deputy Clerk in the Superior Court of said county, and to legalize his acts, 218 Sheriff of, to receive a sum not exceeding $200, for summoning Jurors, 221 Taliaferro To compensate the Sheriff of, for summoning Jurors, 219 Dooly To authorize the Sheriff and Clerk of, to have their advertising done in any of the newspapers published in the City of Macon, 220 Forsyth Sheriffs of, to advertise in one of the newspapers published in Athens, Milledgeville, or any other paper, 220 Liberty To compensate the Sheriff of, for summoning Grand and Petit Jurors, 221 Lumpkin To compensate the Sheriff of, for summoning Grand and Petit Jurors, 221 SILK CULTURE To promote the culture of Silk, 222 STATE SCRIP To authorize the sale of Scrip, or certificates of State Debt, and to enlarge the duties of the Western and Atlantic Rail Road of Ceorgia, 223 To provide for the authentication of, and to punish those who may counterfeit or fraudulently use the same, 225 STEAM BOATS AND MILLS Washington Steam Boat Company of Macon incorporated, 227 Satilla Steam Saw Mill Company incorporated, 228 Hancock Steam Saw Mill Company incorporated, 230 Doboy Steam Mills and Lumber Company incorporated, 231 STEAM BOATS AND PACKETS Georgia Steam Packet Company incorporated, 232 Fort Gaines Steam Boat Company incorporated, 234 T. TAXES COLLECTORS AND RECEIVERS To impose, levy and collect a Tax for the political year 1839, 236 Butts Inferior Court of, to levy and collect an extra tax for 1839, 236 Wayne Inferior Court of, to levy an extra tax for the support of the poor of said county, 237 Montgomery Inferior Court to levy an extra tax for the years 1837, 1838, and 1839, not to exceed 100 per cent. on the general tax, to build a Jail and repair the Court-House in said county, 238 Burke Act authorizing the Justices of the Inferior Court of, to levy an extra tax for repairing the roads of said counry, repealed, 238 Hancock Inferior Court of, to levy an extra tax, 239 Muscogee Inferior Court of, to levy an extra tax, 239 Georgia Female College, in the city of Macon, exempt from taxes, 240 Bibb Justices of the Inferior Court of, to fix the amount of the bond of the Tax Collector, 240 Jefferson Inferior Court of, to levy an extra tax, 241 Walker Inferior Court of, to require the Clerk to furnish the Tax Collector of Dade county, with a Digest of the taxable property of the citizens of Dade, formerly Walkercounty, 241 Decatur To equalize the fees of the Receiver and Collector of, the county of, 242 To consolidate the offices of Tax Collector and Receiver of Tax Returns of the counties of Forsyth, Carroll, Madison, Habersham, and Ware, 243 To authorize and require the Receiver of Tax Returns of Fayette county to allow in his Digest of 1838, to persons over-taxed in said county, such surplus; and to authorize the Inferior Conrt to refund the same, c., 244

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STEAM AND THOMPSONIAN DOCTORS To pay the annual tax of regular Medical Doctors and Lawyers of this State, 245 TESTIMONY To amend an Act to regulate the taking Testimony by commission and do bene esse, and to alter and amend the several laws relating thereto, approved 20th December, 1823, 245 THEATRE Savannah Theatre Company incorporated, 246 V. VOLUNTEERS To provide for the payment of the Militia of this State, who were called into service by the proper authorities; for the payment of provisions and other necessaries furnished them, and other expenses incident to such service; and for the payment of other Troops therein named, c., 247 Volunteer Corps in the City of Milledgeville incorporated and certain privileges granted it, 249 Volunteer Company of Cavalry in the county of Wayne, known as Wayne Volunteer Guards, with certain privileges and exemptions, incorporated, 251 Van Buren Rifle Company of Pike county, incorporated, 252 Jasper Guards of Jasper county, incorporated, 253 Marion Dragoons of Marion county, incorporated, 253 West Point Guards in the Town of West Point, incorporated, 254 W. WILLS To authorize the Probate of Wills in certain cases, in the county where the Testator died, or may die, 225

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INDEX TO THE RESOLUTIONS. B. BROWN, ROBERT Resolutions relative to, Senator from Murray county, 269 BANKS Three hundred copies of the Semi-annual Reports of, to be printed for the use of the General Assembly, 272 C. CENSUS Resolutions relative to persons who took the Census of 1838, 274 CONGRESS Senators and Representatives in, instructed and requested to have compensation made for the destruction of property South of Wales' Line, by the United States' Troops, 262 Solicited to use their exertions to have a Mail Route established from Augusta to Tallahassee, 263 Requested to procare the establishment of a Mail Route from Milledgeville to Rossville., 266 From Double Wells, in Warren county, by Washington, Elberton, Carnesville and Clarksville, tri-weekly, in four-horse post coaches, 266 From Clarksville, to Clayton in Rabun county, in two-horse stages, twice a week, 266 From Perry's Mills in Tattnall county, to Eden in Effingham county, 266 From Hawkinsville, to Troupville in Lowndes county, 266 From Augusta, to Tuscaloosa, Alabama, by way of Georgia Rail Road to its North-western terminus, thence to Tuscaloosa in fourhorse post coaches, 267 Instructed to urge the immediate adjustment of claims of Nelson's Brigade, for horses lost in the Florida campaign, 265 To procure an appropriation from Congress, for pay of persons serving in the capacity of Lieutenants and Ensigns, 265 COMMISSIONER Moody Burt appointed, on Savannah River, between Augusta and Petersburg, 261 E. ELECTIONS For a Major General and five Brigadier Generals, 261 For a Judge of the Superior Court for the Chattahoochee Circuit, 271 For a Judge of the Superior Court for the Cherokee Circuit, 271 For a Judge of the Superior Court for the Ocmulgee Circuit, 271 For a Judge of the Court of Common Pleas for the City of Augusta, 271 For a Judge of the Court of Common Pleas of Oyer and Terminer for the City of Savannah, 271 For a Solicitor General for the Eastern District, 271 For a Solicitor General for the Ocmulgee Circuit, 271 For a Solicitor General for the Chattahoochee Circuit, 271 For a Solicitor General for the Cherokee Circuit, 271 For a Public Printer, 272 For three Rail Road Commissioners; seven Directors for the Bank of Darien; four for the State Bank; two for the Planters' Bank, 273 For two Commissioners as provided by the Act, to authorize the business of Banking, and to regulate the same, 277 EXECUTIVE MANSION Committee appointed to superintend the construction of, to rent a house for the Governor, until said Mansion is ready for his reception, 278

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G. GOVERNOR To transmit copies of Resolution to Members in Congress, to have compensation made for destruction of crops and other property destroyed south of Wales' Line, by United States Troops, 262 To transmit copies of Resolution to the same, to procure the establishment of a Mail Route from the City of Augusta to Tallahassee, 263 To transmit copies of Resolution to the same, to procure the establishment of a Mail Route from Blairsville, in Union county, by way of Cooper's Gap, in the Blue Ridge, by way of Dahlonega, 278 To transmit copies of Resolutions to the same, to procure the establishment of certain Mail Routes therein named, 266 To employ Counsel to defend certain Actions in the Superior Court of Habersham county, 263 To appoint three suitable persons to investigate the claims of Peter Trezevant, R. M. D. J. Elliott, and Milledge Gaulphin, against the State of Georgia, 276 Said persons to subscribe an oath, before entering on their duties, 264 To forward to the Inferior Court of Marion county, sixteen copies of Green and Lumpkin's Georgia Justice, 267 To furnish the Clinch Riflemen of the City of Augusta with one hundred Rifles, 272 To send an Express to the Sheriff of Pike county, that William Porter's respite is prolonged, 273 To draw upon the Treasury in favor of the persons who took the Census of 1838, 274 To correct any inaccuracy which may exist in the amounts due, 274 To appoint three Commissioners to take the subject of the State's Finances into hand, and arrange, digest, and report to the next Legislature, 275 To forward to the Sheriff of Pike county, the Act for the pardon of William Porter, 276 To transmit to each Member of the Legislature, one copy of the Laws and Journals of the present Session, 277 To have published the Laws of a public nature, in the Gazettes of Milledgeville, 278 To employ Counsel to defend the Titles of the State to certain individuals in possession of certain Lots of Land in the 10th, 11th, and 12th districts of Habersham county, 279 To allow the use of the Senate Chamber for holding the Superior and Inferior Courts of Baldwin county, 280 To have a Monument erected to the memory of Robert Brown, Senator of Murray county, 269 L. LUNATIC ASYLUM Report and Resolutions relative to, 284 P. PENITENTIARY Committee appointed by the Legislature to examine into the condition of, and report of the next Legislature, a system of Police for said Institution, 269 T. TREASURY Report of the Committee of Finance on, 280 W. WESTERN AND ATLANTIC RAIL ROAD Commissioners of, to examine and fix the location at the North-western Terminus of said Road on the Tennessee River, with the concurrence of the Governor, 268 Commissioners to enquire whether any Engineer, or Assistant Engineer is interested in the purchase of Land at the proposed Terminus, or on any part of said Road before its location; and if satisfied of that fact, to discharge from the service of the State, such Engineer or Assistant Engineer, 268 Report and Resolutions relative to the connection of, with the Hiwassee Rail Road, 281