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: GRIEVE ORME 18391100 English

Page 1

ACTS OF THE GENERAL ASSEMBLY, OF THE STATE OF GEORGIA, PASSED IN MILLEDGEVILLE. AT AN ANNUAL SESSION IN NOVEMBER AND DECEMBER, 1839. 18391100 18391200 [PUBLISHED BY AUTHORITY] MILLEDGEVILLE : GRIEVE ORME, STATE PRINTERS. 1840.

Page 3

ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. PASSED IN NOVEMBER AND DECEMBER, 1839. ACADEMIES. AN ACT to be entitled an act to incorporate certain Academies therein named; appoint trustees for the same, and confer upon said trustees certain powers and privileges, and appoint additional trustees for Williams' Academy. Section 1. Be it enacted by the Senate and 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 Hunter, Robert Bailey, John T. Story, Edwin Sturdivant, and Middleton Hill, and their successors in office, be, and they are hereby declared and constituted to be a body corporate and politic, by the name and style of The Trustees of the Summerville Academy, and by that name shall be able and capable in law, of suing and being sued, of pleading and being impleaded, and shall have power and auhority to make all bye-laws and rules that shall or may be necessary for the government of said Academy: Provided , such bye-laws or rules shall not be repugnant to the Constitution or laws of this State. Sec. 2. And be it farther enacted , That said trustees shall have power to fill all vacancies that may occur in the Board of trustees, and may have and use a common Seal, and may appoint such officers and agents as they may deem necessary for the good of said Institution. Sec. 3. And be it further enacted , That the said trustees shall be capable of accepting and being invested with all manner of property, real and personal; all donations, grants, gifts, privileges and immunities whatsoever, which may appertain to said Academy, or which may hereafter be conveyed or transferred to them or their successors in office,

Page 4

to have and to hold the same for the proper benefit and behoof of said Academy. Sec. 4. And be it further enacted , That Robert Hardie, Bartlett M. Cox, Sanford T. Wilson, Charles W. Roby, Samuel B. Thomas, Henry Crary and John Jarvis, and their successors, be, and they are hereby incorporated and constituted a body poilitc, by the name and style of the Trustees of the Paris Academy of Baker county, by which name they are authorized to hold real and personal estate, necessary for the purposes of their incorporation, with power to sue and be sued, to make all rules and regulations necessary for the well ordering of the affairs of said Academy; to appoint all necessary officers and teachers, and fill by election, (on the part of the remaining trustees), any vacancy which may occur in their body by death, resignation, or removal from said county. Sec. 5. And be it further enacted , That Peter Baugh, Allen Kilgore, Daniel McNeil, S. S. Dean and Christopher Taylor, be, and they are hereby trustees of Bower Academy, in the county of Talbot. Sec. 6. And be it further enacted , That Edwin Collier, Moses Boyington, Elijah Worthen, William Peal, and James C. Goodwin, be, and they are hereby appointed Trustees of Farmer's Academy, in the county of Talbot, with like powers and privileges and liabilities. Sec. 7. And be it further enacted , That Samuel M. Shipp, Christopher Mason, Royston W. Pollard, and James Campbell, be appointed additional trustees of Williams' Academy, in the town of Van Wert, in the county of Paulding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 21th December, 1839. AN ACT to incorporate certain Academies therein named, and to appoint Trustees for the same, to change the name of Pleasant Grove Academy, in the county of Decatur, and to repeal an act to incorporate certain Academies therein mentioned, c. so far as the Heard county Academy is concerned, passed December 22d, 1832. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met,

Page 5

and it is hereby enacted by the authority of the same , That Duncan L. Clinch, Samuel Clack, Henry R. Sadler, Alfred Doolittle, Edmund Atkinson, James M. Smith, and George W. Thomas, be, and they are hereby appointed Trustees for the Academy to be established in the town of St. Marys, to be called the St. Mary's Academy: That Simeon Perry, Richard Dozier, James Collins, Buckner Bass and B. T. Emanuel, and their successors in office, be appointed Trustees of the Central Academy in the county of Talbot: That John L. Harp, Thomas Brunson, Hardy C. Sapp, Edward Covington and Jeremiah G. Walker, and their successors in office, be and they are hereby appointed Trustees for Hickory Grove Academy in the county of Muscogee: That George W. Jones, William McDaniel, Thomas J. Mathews, J. W. Stell and Humphrey D. Landers, be, and they are hereby appointed Trustees of the Centre Academy, in the county of Gwinnett: That Ephraim Kendrick, George Patten, Matthew J. Sikes, Nathan Buzby and Thomas Dawkins, be, and they are hereby appointed Trustees of Linwood Academy, in the county of Houston. Sec. 2. And be it further enacted by the authority aforesaid , That the several Trustees of the aforesaid Academies are hereby declared to be bodies corporate, under the several styles herein named and 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, shall have power to make all necessary bye-laws, rules and regulations for the government of said Corporations, not repugnant to the Constitution and Laws of this State, or of the United States, to fill all vacancies in their several boards by death, resignation, removal or otherwise, may hold all kinds of property, make or receive conveyances, be invested with all gifts, grants, rights, immunities or privileges whatsoever, that may be essential for the well being of said Corporate bodies in reference to the interest of Education, which are usually done by the trustees of Academies. Sec. 3. And be it further enacted , That from and after the passage of this act, the name of Pleasant Grove Academy, in the county of Decatur, be changed to that of Attapulgas Academy in said county, and all the rights, privileges, c. heretofore used by the Academy under the name of the Pleasant Grove Academy, are hereby extended to the Attapulgas Academy; and that Thomas Hines, William Williams,

Page 6

Daniel T. Lane, John [Illegible Text], Asa Huchings and Hiram King, be, and they are [Illegible Text] appointed additional Trustees to said Attapulgas Academy. Sec. 4. And be it further enacted , That so much of the seventh section of the above recited act as relates to the Heard county Academy, be, and the same is hereby repealed. Sec. 5. And be it further enacted , That James O. Phillips, Thomas Roberts, and John T. Carter, of the county of Meriwether, and James J. Lester, James H. Rowe, Jeremiah Horton and William H. Strahan, of the County of Troup, be, and they are hereby appointed Trustees of Chappell Grove Academy, in Meriwether county, and entitled to all the rights and privileges granted to, and subject to all the restrictions imposed on other Academies incorporated by this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to incorporate Farmer's Academy, in the county of Stewart, and Pleasant Valley Academy, in the county of Stewart, 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 W. F. Lowry, Asbury Cowles, Shadrach Pinkston, Charles N. Simpson and Peter Scott be, and they are hereby appointed Trustees, and they and their successors in office are hereby declared to be a body corporate, by the name and style of the Trustees of Farmer's Academy in the county of Stewart. Sec. 2. And be it further enacted , That L. B. Morton, Jno. Blackshear, Daniel Richardson, Joseph I. Dowd, and M. M. S. Wadsworth be, and they are hereby appointed

Page 7

Trustees of the Pleasant Valley Academy, in the county of Stewart. Sec. 3. And be it further enacted , That the Trustees aforesaid, and their successors in office be, and they are hereby invested with the power of using a common seal, of suing and being sued, pleading and being impleaded, in the several Courts of law and equity in this State, of making all necessary bye-laws for their government; of holding titles to, and conveying real and personal estate, and of doing all other things, and of enjoing all other immunities not repugnant to the Constitution and Laws of this State, which may be necessary to the well being of said corporation, and of filling any vacancy that may take place in their body. Sec. 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. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to amend an act assented to the 31st day of December, 1838, so far as respects Dade county Academy, and to add one additional Trustee to the Trustees 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 Henry C. Tatum, and his successors in office, be added to the Trustees of Dade county Academy. Sec. 2. And be it further enacted , That the said H. C. Tatum be authorized to draw and receive that part of the amount provided by law for the endowment of county Academies, which is due to the said Dade county Academy; and his Excellency the Governor is hereby requested to draw his warrant on the Treasurer in favor of the said H. C. Tatum, in behalf of said Trustees for the same. Sec. 3. And be it further enacted , That all laws and parts

Page 8

of laws militiating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor Assented to, December 21st, 1839. AN ACT to add two additional Trustees for the Birdville Academy, in the County of Warren. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Thomas Seals and Matthew H. Hubert are appointed additional Trustees for the Birdville Academy, in the county of Warren, and that from and immediately after the passage of this act, they are hereby authorized to transact any business in relation to the aforesaid Academy, as though they had been appointed in the original incorporation, any law to the contrary not withstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 23d December, 1839. AN ACT to incorporate the Hinesville Academy in the county of Liberty, and to appoint Commissioners for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the Hinesville Academy, in the county of Liberty, be known and called by the aforesaid name; and that Charlton Hines, Simon Fraser, Richard F. Baker, Samuel Spencer and Wm.

Page 9

Hughes, Esquires, 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 Commissioners of the Hinesville Academy, and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorized to make such bye-laws and regulations as may be necessary for the Government of said Academy; Provided , such bye-laws are not repugnant to the Constitution and laws of the State; and for that purpose may have and use a common seal, appoint such officers as they may think proper, and remove the same from office for improper conduct or neglect of duty. Sec. 2. And be it further enacted , That the said Commissioners shall be capable of accepting and be invested with all manner of property, real and personal, all donations, gifts, grants, privileges and immunities whatsoever, which may belong to said institution, or which may hereafter be conveyed or transferred to them or their successors in office, to have and to hold the same for the proper benefit and behalf of said Academy. Sec. 3. And be it further enacted , That in case either or any of said Commissioners shall act contrary to the interest or well being of said institution, the majority of said Board shall have the power to remove him or them so acting, from office. Sec. 4. And be it further enacted , That when any vacancy may happen by death, resignation, removal or otherwise, of any of the Commissioners of said Academy, the survivors, or a majority of said Commissioners, shall fill the same in such manner as shall be pointed out by the byelaws and regulations of the Commissioners aforesaid. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to authorize the Trustees of the Academy in the town of Columbus, in the of county of Muscogee, to lay off two acres of the East Commons of said town, for the purpose of erecting thereon a building for said Academy, and adding five additional Trustees to the said Male and Female Academy. Section 1 Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met ,

Page 10

and it is hereby enacted by the authority of the same , That the Trustees of the Academy in the town of Columbus, in the county of Muscogee, be, and they are hereby authorized to lay off and select two acres of the East Commons in said town, for the Academy square. Sec. 2. And be it further enacted by the authority aforesaid , That John L. Lewis, James H. Campbell, Abraham Levison, William Blair and Littleton Atkison be, and they are hereby appointed additional Trustees for the Male and Female Academy, in the city of Columbus. Sec. 3. And be it further enacted , That all laws and parts of laws, so much thereof as militates against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to repeal the 1st, 2d, 3rd, and 4th sections of an act entitled an act to authorize the citizens of McIntosh county to elect the Commissioners of the Academy of said county, passed December 20th, 1834, and to revive the act of the 18th December, 1816, so far as respects Academies. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid , That from and immediately after the passing of this act, the 1st, 2d, 3rd, and 4th sections of an act entitled an act to authorize the citizens of McIntosh county to elect the Commissioners of the Academy of said county, passed the 20th December, 1834, be, and the same is hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That the act entitled an act to vest the appointment of Commissioners of the Academies, Vendue Masters, Notaries

Page 11

Public, and Lumber Measurers, in certain persons therein named, passed Dec'r. 18th, 1816, be, and the same is hereby revived and declared to be in full force, so far as respects the appointment of Commissioners of the Academy in the county of McIntosh. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to incorporate the Appling Female Academy in the county of Columbia, 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 Thomas H. Dawson, Walter Jones, Gabriel Jones, Edward Wooding, John Cartledge, Archer Avery, and William S. Jones, are hereby appointed, and they and their successors in office shall be, and they are hereby declared to be a body corporate by the name and style of the Trustees of the Appling Female Academy of Columbia county, and as such body politic, shall be capable of suing and being sued, and of doing all other acts which may be necessary to the execution to the trust conferred on them, and for that purpose they may have and use a common Seal, appoint such officers as they may think proper, and remove them for misconduct or neglect of duty. Sec. 2, And be it further enacted , That the Trustees shall be capable of accepting and holding all manner of property, both real and personal, and all bequests, gifts and donations whatsoever, which may belong to said institution, or which may be hereafter made or transferred to them, or their successors in office, and they are hereby authorized to make such bye-laws, rules and regulations as they may deem expedient: Provided , such by-laws, rules or regulations are not repugnant to the Constitution and laws of this State, or of the United States. Sec. 3. And be it further enacted , That should any vacancy happen by death, resignation or removal or otherwise, of the Trustees of the Appling Female Academy hereby established,

Page 12

it shall be filled in such manner, as the remaining Trustees, or a majority of them, shall think proper. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 21st December, 1839. AN ACT to fill vacancies in the board of Trustees of the Cumming Male Academy, and to appoint an additional number of Trustees to said Academy. Section 1. Be it enacted by the Senate and House of 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 Board of Trustees shall be filled by Joseph Thompson, Noah Strong and Arthur Erwin, to fill the vacancies of Richard Hays and Jacob M. Scudder, resigned, and William Hammond, removed. Sec. 2. And be it further enacted by the authority of the same , That Ransom Foster, Alman G. Hutchins, Daniel N. Smith, and John H. Russell, be appointed in pursuance to this act, an additional number of trustees to said Academy. Sec. 3. And be it further enacted , That all laws and parts of laws militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to appoint two additional Trustees for the Murray county Academy, and to authorize and require the said board of Trustees to apply the funds appropriated by act of the General Assembly, passed in December, 1835. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met

Page 13

and it is hereby enacted by the authority of the same , That James Morris and Charles W. Bond, be, and they are hereby appointed Trustees for the Murray county Academy, in addition to those already appointed, and that the said board of trustees be, and they are hereby authorized and required to apply the fund appropriated for that purpose, by act of the Legislature, passed in December, 1835, to the erection of a suitable building for that purpose, and no other. Sec. 2. And be it further enacted , That if the said trustees should see proper to not proceed to the erection of said building directly, that they be authorized and required to loan the said fund so appropriated, at interest in good hands, well secured, to be paid at any time when required, for the purposes aforesaid. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, so far as relates to the county of Murray, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. ACCOUNTS. AN ACT more effectually to prescribe the method of keeping accounts, and adjusting the annual account current in the Executive, Comptroller General and Treasurer's office, 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 it shall be the duty of his Excellency the Governor, for the

Page 14

time being, and his successors in office, to have kept in his office a well bound book, in which shall be entered, in alphabetical order, the full amount of all annual appropriations, setting forth the amounts under their several heads, both common and special, and also to have all warrants he may order to be drawn, charged to the special appropriation on which it is drawn, and in whose favor, and the day on which the same was issued. Sec. 2. And be it further enacted by the authority of the same , That it shall be his further duty to have kept a full and accurate account of all sum or sums of money that now are or may hereafter be set apart as a fund for the redemption of funded debts, particularly setting forth the amounts for the several specific purposes, and the amount when drawn, and in whose favor, and at what time. Sec. 3. And be it further enacted by the autharity of the same , That he shall have made out and entered in said books, from time to time, a schedule of all bonds or evidences of debt, that may now be in his office, or that may hereafter be deposited there, and have the same deposited in the Comptroller General's office, the originals there to be collected, agreeable to the provisions of an act passed on the 29th Nov., 1838. Sec. 4. And be it further enacted by the authority of the same , That it shall be the duty of the Comptroller General to have kept in his office a similar book, and on the same plan, particularly checking all warrants, and particularly setting forth the appropriation, or other specific fund, on which it was drawn, the time, amount, and in whose favor the same was drawn. Sec. 5. And be it further enacted by the authority of the same , That it shall be the duty of the Treasurer to have kept in his office a similar book, in which he shall have entered all warrants that may be drawn on him by the Executive, set ting forth in whose favor the same was drawn, the time, amount, and from what fund the same was drawn and paid, and also to file the warrants thus entered in separate packages, labelled, setting forth the time, amount, and the appropriation on which they were drawn. Sec. 6. And be it further enacted by the authority of the same , That it shall be his duty to keep, annually, an account of all taxes that may be due and unpaid by the several chartered Banks, and such as may, from time to time, hereafter be chartered, and collect the taxes thereon, agreeable to the law now in force for collecting the same; and also to keep an accurate account of all taxes which may hereafter

Page 15

be annually paid into the Treasury by the Collectors of the several counties of this State. Sec. 7. And be it further enacted by the authority of the same , That it shall be the duty of the Executive, Comptroller General and Treasurer, respectively, to lay before each branch of the Legislature, annually, on the weeks of the session, an abstract or copy from their books, of all entries therein made, agreeable to the provision of this act, any law, usage or custom to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. APPROPRIATIONS. AN ACT to appropriate money for the political year eighteen hundred and forty. Section 1. Be it enacted by the Senate and 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 1840, viz: The salary of his Excellency the Governor shall be four thousand dollars per annum. The Secretaries of the Governor, not exceeding three, twelve hundred and fifty dollars per annum. The Secretary of State, two thousand dollars. The Comptroller General, two thousand dollars. The Treasurer, two thousand dollars. The Surveyor General, two thousand dollars. The Clerk of the House of Representatives and Secretary

Page 16

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 and attached to the Journals of the present session, good and sufficient indexes. The Judges of the Superior Courts, each, twenty-one hundred dollars. The Attorney General, and nine Solicitors General, two hundred and twenty five dollars each per annum. Sec. 2. And be it further enacted , That for the printing fund, not exceeding 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 forty, and that the amounts of money heretofore appropriated for contingent purposes, be considered as belonging to the Treasury, as other unappropriated funds. Sec. 3. And be it further enacted , 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 sessionbe appropriated, and the sum of five dollars for every twenty miles in 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, in coming to and returning from the seat of Government. To the Clerk of the House of Representatives, and Assistant Clerk, and Secretary of the Senate, and Assistant Secretary of the Senate, during the session of the Legislature, seven dollars each per day; and the sum of sixty dollars to the Clerk of the House of Representatives and Secretary of the Senate each, for contingent expenses. To the Enrolling and Engrossing Clerks of the Senate and of the House of Representatives, six dollars each per day. To the Messengers and Door-keepers of the Legislature, five dollars each per day, during the present session.

Page 17

Sec. 4. And be it further enacted by the authority aforesaid , That the sum of three hundred and ninety-three dollars be appropriated for compensating the Comptroller General for extra clerk hire, during the past political year. Sec. 5. And be it further enacted by the authority aforesaid , That the sum of one hundred and fifty dollars be appropriated for compensating the Treasurer for extra clerk hire, during the past political year. Sec. 6. And be it further enacted by the authority aforesaid , That the sum of one hundred and fifty dollars be appropriated for compensating the Surveyor General for extra clerk hire, during the past political year; also the sum of eight hundred and twenty-five dollars to Jesse Cox, late Surveyor General, for extra services, agreeable to a joint resolution. Sec. 7. And be it further enacted by the authority aforesid , That his Excellency the Governor be, and he is hereby authorized to draw his warrant upon the Treasury for any money not otherwise appropriated, in favor of the finance Commissioners, appointed under a resolution of the last General Assembly, for such sum as he may deem reasonable and proper. Sec. 8. And be it further enacted by the authority aforesaid , That the committee appointed by a resolution of the last legislature, to examine and report the condition of the monetary affairs of the Penitentiary, and to report a system of police for the same, be allowed each at the rate of five dollars per diem, during the time of sitting of said committee, and five dollars for every twenty miles in coming to and returning from the seat of government. Sec. 9. And be it further enacted by the authority aforesaid , That his Excellency the Governor be, and he is hereby authorized to draw his warrant upon the Treasury, to be paid out of any money not otherwise appropriated, in favor of Messrs. D. C. Campbell, Joseph Henry Lumpkin, and William Law, commissioners appointed under a resolution of the last General Assembly, to investigate certain claims against the State; also in favor of Messrs. Charles Dougherty, James A. Meriwether, and Samuel A. Wales, for professional services, rendered in defending certain cases in the Superior Court of Habersham county, agreeably to a resolution of the last General Assembly, for such sum as he may deem a reasonable compensation to each. Sec. 10. And be it further enacted by the authority aforesaid , That sum of two thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated to pay persons entitled to premiums for the raising of cocoons,

Page 18

and reeling of silk, under the law of the last year, and that the Governor be, and he is hereby authorized to draw his warrant upon the fund herein appropriating payment of such premiums. Sec. 11. And be it further enacted by the authority aforesaid , That the sum of forty dollars be, and the same is hereby appropriated to George R. M'Elvey for carrying Dave Hardage, a Creek Indian, from Lumpkin to Columbus, under an order of the Superior Court of Stewart county. Sec. 12. And be it further enacted by the authority aforesaid , That the sum of eighty dollars be, and the same is hereby appropriated for the payment of Thomas Hilliard, for money expended for camp equipage during the late Creek campaign, in the county of Ware, in 1838, and the Governor is hereby authorized to draw his warrant in favor of the said Thomas Hilliard for the same, upon his furnishing the Comptroller General with satisfactory proof that the said money was so expended and remains unpaid. Sec. 13. And be it further enacted by the authority aforesaid , That the sum of one hundred and twenty-five dollars be, and the same is hereby appropriated to David Kramer, for drying, scouring and taking care of Senate and Representative chambers, and making fires on wet days. Sec. 14. And be it further enacted by the authority aforesaid , That the sum of one hundred and twenty-five dollars be, and the same is hereby appropriated to Otis Childs, 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. Sec. 15. And be it further enacted by the authority aforesaid , That the sum of three dollars be, and the same is hereby appropriated to refund Robert Brewer, of the county of Liberty, the amount paid by him for a grant, said grant having been before issued, and by him paid for, and the Treasurer is hereby authorized and required to pay the said Brewer the said sum of three dollars. Sec. 16. And be it further enacted by the authority aforesaid , That the sum of one hundred and fifty dollars be, and the same is hereby appropriated to refund L. O. Reynolds for so much money advanced by him to George Miller, to defray his expenses as messenger from the State of Georgia to the State of Maine, in relation to the fugitives from justice. Sec. 17. And be it further enacted by the authority aforesaid , That his Excellency the Governor be, and he is hereby authorized to have the lot around the Executive Mansion neatly

Page 19

enclosed, and pay for the same out of the contigent fund, and have such other improvements made on said lot, and purchase such furniture for the use of the house, as shall be necessary. Sec. 18. And be it further enacted by the authority aforesaid , That the sum of two thousand dollars be, and the same is hereby appropriated for the erection of suitable out buildings to the Executive Mansion, agreeably to a concurred resolution. Sec. 19. And be it further enacted by the authority aforesaid , That the sum of fifteen hundred dollars be appropriated to Joel Crawford, Esquire, President of the Board of Railroad Commissioners; and to Samuel Faris and Thomas Hamilton, Esquires, Commissioners as aforesaid, the sum of twelve hundred and fifty dollars each, for their services during the present year. Sec. 20. And be it further enacted by the authority aforesaid , That his Excellency the Governor be authorized and required to draw his warrant on the Treasurer for any money not otherwise appropriated, for such sum of money as shall be requisite to defray the travelling expenditures of any one of the Western and Atlantic Railroad Commissioners, beyond the limits of this State, on business connected with their dutiessuch amounts being certified by a majority of said Commissioners. Sec. 21. And be it further enacted by the authority aforesaid , That the sum of three thousand dollars be, and the same is hereby appropriated as a Military Fund, for the political year eighteen hundred and forty. Sec. 22. And be it further enacted by the authority aforesaid , That the sum of four hundred dollars be appropriated to pay the Military Store-keeper at the seat of Government, for attending to the Arsenal and Magazine in this place. Sec. 23. And be it further enacted by the authority aforesaid , That the sum of five dollars each per day be, and the same is hereby appropriated to three Assistant Clerks in the Secretary of State's and Surveyor General's office, during the time which they may have been employed during the session. Sec. 24. And be it further enacted by the authority aforesaid , That the sum of three thousand dollars be, and the same is hereby appropriated as a Penitentiary Fund, to defray the expenses of the Institution. Sec. 25. And be it further enacted by the authority aforesaid , That Benjamin Serman, who acted as Quarter Master for the troops in Lowndes county, for the term of two months in the year eighteen hundred and thirty-eight, be, and he is hereby authorized to receive the same pay that is allowed

Page 20

to a first Lieutenant for that time, and that the same be paid out of the appropriation specially set apart to pay the companies, and for provisions furnished said companies. Sec. 26. And be it further enacted by the authority aforesaid , That the sum of one hundred and fifteen dollars be, and the same is hereby appropriated to William Falkner, former Sheriff of Walker county, as a remuneration for money paid by him to counsel, and in costs, in the prosecution of John Hogsmith, an Indian murderer. Sec. 27. And be it further enacted by the authority aforesaid , That his Excellency the Governor be, and he is hereby authorized to draw his warrant upon the fund of ten thousand dollars heretofore appropriated for the payment of the volunteers in the late Indian disturbances in the counties of Ware, Camden and Lowndes, in favor of James Thompson, of Camden county, for the sum of forty-eight dollars, in payment for his services in Captain Tracey's Company, as third Lieutenant, as passed by Y. P. King, the State's Commissioner for ascertaining and auditing the accounts for services in said campaign. Sec. 28. And be it further enacted by the authority aforesaid , That the sum of two hundred dollars be, and the same is hereby appropriated for the payment of Dr. Richard McGoldrick, for his services as Surgeon to the Georgia Battalion to Picolata, in the year eighteen hundred and thirty-six, and back with the wounded and sick, and that the Governor be authorized to draw his warrant on the Treasury in favor of said McGoldrick for the sum aforesaid. Sec. 29. And be it further enacted by the authority aforesaid , That his Excellency the Governor be authorized to draw his warrant on the Treasurer in favor of Jesse Cox, late Surveyor General, for two hundred and eighty dollars, balance due and unpaid, for the services of four extra clerks employed by him, during the session of eighteen hundred and thirty-eight. Sec. 30. And be it further enacted by the authority aforesaid , That the sum of four hundred and three dollars and sixtyfour and a half cents be, and the same is hereby appropriated to Patrick L. Robinson, for printing an extra number of the Journals of each House, and delivered by him to the Governor , and by him sent to the new counties, out of the printing fund. Sec. 31. And be it further enacted by the authority aforesaid , That five dollars per day be allowed to James Gray, of Jones county, while in actual service in coming to the seat of Government, and attending to his duties as one of the Building Committee of the Executive Mansion. Sec. 32. And be it further enacted by the authority aforesaid , That for the purpose of meeting the appropriations and detraying

Page 21

the expenses of Government for the political year eighteen hundred and forty, the President and Directors of the Central Bank are hereby directed to place to the credit of the Treasurer of the State, from time to time, such sum or sums as may be required to meet warrants drawn upon him by his Excellency the Governor, and also to meet the President and Speaker's warrants of the present session, charging the same to the capital stock of said Bank, and to be certified by the Treasurer, entered upon the President and Directors receipts. Sec. 33. And be it further enacted by the authority aforesaid , That the Treasurer and Comptroller General be allowed and paid for one Clerk each, at the rate of five dollars per day during the present session. Sec. 34. And be it further enacted by the authority aforesaid , That His Excellency the Governor, be, and he is hereby required to settle with and pay to the Clerks employed during the last political year, in the offices of the Treasurer, Comptroller General and Surveyor General, to assist in making out a report to the Committee on Finance, appointed under a resolution of 1838, such compensation as he shall deem them entitled to for such service, out of the contingent fund, and that before the payment of their respective accounts, he shall require of the heads of said Departments, certificates of the labor performed by said Clerks. Sec. 35. And be it further enacted by the authority aforesaid , That the sum of thirty one dollars and fifty cents be, and the same is hereby appropriated and required to be paid to the administrators of Alexander Broxson, deceased, for forty-two days services rendered by said Alexander Broxson, in Capt. Hugh L. Dennard's company of mounted volunteers in eighteen hundred and thirty six, the said Alexander having died in service, without receiving any pay for said service, as is shown by the muster roll of said Captain Hugh L. Dennard, and that the said sum be paid out of any money in the Treasury or Central Bank, not otherwise appropriated, and charged to the amount against the United States. Sec. 36. And be it further enacted by the authority aforesaid , That the further sum of forty five dollars be, and the same is hereby appropriated, and required to be paid to Walter L. Campbell, out of any moneys not otherwise appropriated in the Treasury or Central Bank of Georgia, for seventeen days' service rendered by him, as one of the commissioners of the Flint river, under the provisions of the act of December 29th, 1836. Sec. 37. And be it further enacted by the authority aforesaid , That a further sum of five thousand dollars be, and the same

Page 22

is hereby appropriated, to be expended in the erection of the Lunatic Asylum, in conformity with laws heretofore enacted. Sec. 38. And be it further enacted by the authority aforesaid , That the sum of six hundred and seventy seven dollars and twenty-seven cents be, and the same is hereby appropriated for the payment of Major Marcus D. Huson, for supplies furnished the troops in the late Creek campaign, and that the Governor be authorized to draw his warrant on the Treasury for the same. Sec. 39. And be it further enacted by the authority aforesaid , That the sum of twenty two dollars and eighty seven and a half cents be, and the same is hereby appropriated to Messrs. Hudson and Thomas, of the county of Putnam, for camp equipage furnished to William Arnett, Quarter Master pro tem. for the use of Gen. Charles H. Nelson's Brigade, in the month of November, 1837, and that the Governor be anthorized to draw his warrant upon the Treasury for the payment of the same. Sec. 40. And be it further enacted by the authority aforesaid , That the sum of nine dollars be paid to Peter Cone, for Garrett Williams, John O. Cliff, and William Brack, for the sum of three dollars each, paid by mistake into the Treasury of said State, by paying twice for the same grants, and the further sum of three dollars to Samuel D. Sherman. Sec. 41. And be it further enacted by the authority aforesaid , That the sum of ten dollars each be paid to A. J. Guess, F. Glenn, James Anderson, B. H. Murphey, J. W. Childerson, P. B. Cox and Leroy Morris, witnesses upon the trial of Col. E. R. Mills, before a court martial, held in Decatur, DeKalb county, in the year 1838, and that the Senator of Cobb county be authorized to draw the same, and pay the same over to the said witnesses. Sec. 42. And be it further enacted , That His Excellency the Governor be, and he is hereby authorized to draw his warrant upon the Treasury for any moneys not otherwise appropriated, in favor of David J. Bailey, one of the Committee to examine and report a proper system of police for the government of the Penitentiary by the last Legislature, for any service performed by him, by direction of the committee during the recess of the committee, and that the Comptroller General settle upon and determine the amount of compensation to be allowed, and that the Comptroller General shall, before auditing said account, require the certificate of any two of the said committee, as to the correctness of such charge of service. Sec. 43. And be it further enacted by the authority aforesaid , That the sum of nine dollars six and one-fourth cents, be

Page 23

paid N. G. Foster, Solicitor General, for expenses incurred in the trial of Newman, a convict who escaped from the Penitentiary; and that the same be paid from the Penitentiary fund for 1840. Sec. 44. And be it further enacted by the authority aforesaid , That the sum of one hundred and seventy-five dollars be, and the same is hereby allowed to William A. Tennille, Secretary of State, for money advanced by him for extra Clerk's pay in his office, during the Legislature of 1838; which said pay was allowed by the said Legislature, but by accident not enrolled in the appropriation bill of 1838. Sec. 45. And be it further enacted by the authority aforesaid , That the officers of the Central Bank be, and they are hereby required to furnish to the Treasurer in Central Bank bills, or in other current bank bills, such amount as may be necessary to meet the expenses of the present session, and the demands upon the Treasury during the present political year. Sec. 46. And be it further enacted by the authority aforesaid , That the amount of money, or any part thereof, due for the year 1839, and set apart under the act to establish a general system of education by common schools, which may have been diverted from that object in consequence of the failure of the Bank of Darien, or from any other cause, shall be re-imbursed out of any moneys in the Treasury not otherwise appropriated, to be distributed among the several counties as the before mentioned act requires, so as to enable the trustees of the School Districts to meet their liabilities, and to do equal justice to those Districts and counties where no Schools have been taught under the aforesaid act. Sec. 47. And be it further enacted by the authority aforesaid , That the Secretary of State be allowed extra pay for the hire of one clerk eleven days during the Convention in May, at five dollars per day, and one clerk during this session. Sec. 48. And be it further enacted by the authority aforesaid , That the sum of three hundred and twenty-five dollars and fifty-six cents, be allowed to John J. Dews, late Sheriff of Chatham county, in full of balance due him as Jailor, for fees on negroes of the State, confined in that jail. Sec. 49. And be it further enacted by the authority aforesaid , That the sum of forty dollars be appropriated and paid David Stanford, of Lowndes county, for services performed in setting troops and provisions across the Alappaha river, in the year 1838, on his presenting to the Comptroller General his acccunt with the usual voucher: Provided , also, that the

Page 24

Comptroller shall believe the same to be reasonable and just. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to appropriate a sum of money to pay off the claims of certain Volunteer Companies, who were not compensated under the act passed at the last session of the General Assembly, and to pay certain accounts. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the sum of ten thousand dollars, or so much thereof as may be necessary, be, and the same is hereby specially appropriated to be paid out of any money in the Treasury not otherwise appropriated, for the purpose of paying off the claims of two Volunteer Companies of Lowndes county, and the accounts for the supplies furnished all the companies who were in service in that county, which now remain unpaidwhich claims and accounts shall be audited by the Comptroller, and paid by the Treasurer, according to the report of Yelverton P. King, the Commissioner appointed by the Governor. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 20th, 1839.

Page 25

ATTORNIES. AN ACT to authorize William R. DeGraffenreid, Henry R. Jackson, Allen Mathews, Jr., James H. Foster, Thomas M. Kemp, Augustin S. Wingfield, Henry P. Strickland, John F. Gallaher, Clifton Blake, John Patterson Smith, William W. Anderson, Alexander Speer, Jr., William H. Hull, Robert Trippe, J. G. McHenry, and Oliver Luckett, 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, William R. DeGraffenreid, Henry R. Jackson, Allen Mathews, Jr., James H. Foster, Thomas M. Kemp, Augustin S. Wingfield, Henry P. Strickland, John F. Gallaher, Clifton Blake, John Patterson Smith, William W. Anderson, Alexander Speer, Jr., William H. Hull, Robert Trippe, J. G. McHenry, and Oliver Luckett, 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 William R. DeGraffenreid, Henry R. Jackson, Allen Mathews, Jr., James H. Foster, Thomas M. Kemp, Augustin S. Wingfield, Henry P. Strickland, John F. Gallaher, Clifton Blake, John Patterson Smith, William W. Anderson and Alexander Speer, Jr., 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 intent, as if they were of full age. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839.

Page 26

AN ACT to authorize Gilbert E. Thigpen to plead and practice in the several Courts of Law and Equity in this State, on certain conditions 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 from and after the passage of this act, Gilbert E. Thigpen, of Jones county be, and he is hereby authorized and permitted to plead and practice as Attorney, Councellor and Solicitor, in the several Courts of Law and Equity in this State; Provided , that he shall undergo and approved examination before some Superior Court of Georgia, according to the law and rules prescribed in such cases. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, November 13th, 1839. BANKS. AN ACTto alter and 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, c., passed on the 22d day of December, 1828. Section 1. Be it enacted by the Senate and House of 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 Directors of the Central Bank of Georgia shall be authorized and empowered to issue and put in circulation any amount of the notes of said Bank not exceeding double the amount of the capital stock of said Bank, and that so much of the 25th section of the act above recited, as prohibits the putting in circulation the bills of said Bank for a larger amount than the aggregate amount of its specie and bills of other Banks, and

Page 27

the 12th section of said act, which provides that the total amount of debts which said Bank may owe, at any time, shall not exceed the amount of its capital stock, be, and the same are hereby repealed. Sec. 2. And be it further enacted , That the Directors of the Central Bank shall be authorized to refuse specie payments of its bills to the agent or holders of any Bank which has suspended specie payment of its bills. Sec. 3. And be it further enacted by the authority aforesaid , That the Directors of said Bank proceed to sell and transfer in such manner as the same may be required to be assigned in behalf of this State, the shares owned by the State in the Bank of Augusta, in the Planter's Bank of the State of Georgia, in the Bank of the State of Georgia, and in the Darien Bank, so soon, from time to time, as par value can be obtained for the same, and the money for which the same may be sold, shall become a part of the capital stock of said Bank, under its control, and for its use; Provided , that said Directors shall not sell or dispose of any shares or stock, the interests and profits of which have been heretofore by law secured to the use of the University of this State. Section 4. And be it further enacted , That after the sale of the stock in any of said Banks, no directors therefor shall be appointed on the part of the State, and if a part only of the stock be sold, the Directors on the part of the State shall be appointed accordingly by the General Assembly. Sec. 5. And be it further enacted , That nothing in this act contained, shall be so construed as to change the funds now known as a Common School Fund, for the State of Georgia, to any other purpose than that of public education; but the said funds, and the interest arising therefrom, shall be applied to the purposes of education, as the law may direct. Sec. 6. And be it further enacted by the authority of the same , That all laws or parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 28

AN ACT to amend an act entitled an act more effectually to secure the solvency of all the Banking Institutions of this State, passed the 24th day of December, 1832. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall be the duty of each and every branch Bank, or Office of Discount and Deposit in this State, to make report to the Governor semi-annually, separate and distinct from the report of the principal Banks as required by the above recited act. Sec. 2. And be it further enacted by the authority aforesaid , That from and after the passage of this act, it shall be the duty of Directors of the several Banks, branch banks, and offices of Discount and Deposit in this State, in their semi-annual report to the Governor, to specify the amount due each Bank, branch bank, or office of discount and deposit, so making report by each of the Directors thereof, either for Capital Stock thereof, or for monies borrowed from the same upon any bond, note, bill of exchange, or other obligation, whether the same may have been borrowed on the obligation of such director or directors, or upon the obligation of any other person or persons for the use or benefit of such Directors, specifying the amount of such indebtedness any time within the preceding six months; which said report shall be sworn to by the Directors of the Bank, branch bank, or office of discount and deposit so making the same, and the affidavits thereof shall accompany said reports. Sec. 3. And be it further enacted , That whenever it shall so happen that any Director in Bank, branch Bank, or office of discount and deposit in this State, shall resign, or be removed from Directorship as aforesaid, whether the same be voluntary or not, it shall be the duty of such Director to make affidavit of the facts required by the second section of this act, up to the time of his removal, or resignation, which affidavit shall accompany the semi-annual report required as aforesaid. Sec. 4. And be it further enacted , That it shall be the duty of the President or Cashier of the several Banking Institutions of this State, or their branches, or offices of discount or deposit, to specify in their semi-annual report to the Governor, the aggregate amount due said Institutions by stock-holders thereof, either on bond, note, bill of exchange, or other obligations, without specifying the names of said stockholders, unless the amount due by any one stockholder shall exceed the sum of ten thousand dollars, in which case it shall be

Page 29

their duty to specify the name of each stockholder who shall be indebted to a greater amount than the sum aforesaid; which report shall be made under all the solemnities required by said act to which this act is an amendment. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to repeal so much of the act passed on the sixteenth day of December, in the year one thousand eight hundred and fifteen, incorporating the Bank of the State of Georgia, as requires the establishment of an office of Discount and Deposite at Milledgeville, and to authorize the discontinuance of the office heretofore established there. Section 1. Be it enacted by the Senate and 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 act of the General Assembly of the State of Georgia, passed on the sixteenth day of December, in the year one thousand eight hundred and fifteen, incorporating the Bank of the State of Georgia, as requires in the fifteenth fundamental rule or article of the Corporation of said institution, that an office of discount and deposit be established in the town of Milledgeville, be, and the same is hereby repealed. Sec. 2. Be it further enacted by the authority of same , That it shall be lawful for the Directors of the Bank of the State of Georgia, from and afrer the passage of this act, to close at their discretion, the affairs of the office of discount and deposit heretofore established at Milledgeville, and to transfer the capital heretofore employed there, to such point as may seem to them proper. Sec. 3. And be it further enacted by the authority of the same , That all acts or parts of acts, so far as they militate with this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 30

AN ACT to amend the Charter of the Monroe Railroad and Banking Company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by authority of the same , That the Monroe Railroad and Banking Company shall be, and they are hereby authorized to construct a branch of their Railroad from any point on the same, which they may think most suitable for the purpose, to West Point in Troup county, or any neighboring point which may be most eligible for the termination of said branch road, on or near the Chattahoochee river. Sec. 2. Be it further enacted , For the construction of said branch road, the said company shall be authorized to make the necessary increase of capital by receiving new subscriptions of stock, which shall not in proportion to the length of said branch exceed the capital allowed for the main road of said Company from Macon to the Western and Atlantic Railway. Sec. 3. And be it further enacted , That all the rights, privileges and immunities, excepting Banking privileges, which the said company possess under its existing charter, in reference to the road of said company from Macon to the Western and Atlantic Railway, shall also be possessed and enjoyed by said company in reference to the branch road authorized by this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT explanatory and amendatory of the thirty-seventh section of an act assented to on the twenty-sixth day of December, one thousand eight hundred and thirty-eight, authorizing the business of banking, and regulating the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, that it shall be the duty of the Comptroller and Commissioners that now are, and that

Page 31

hereafter may be appointed agreeable to the provisions of the said thirty-seventh section of the above recited act, on the application of any person or persons or associations of persons to the said Comptroller and Commissioners that now are, or that may hereafter be appointed agreeable to the provisions of the above recited section, for the object therein contained, the appointment of commissioners, or for other duties required of the said Comptroller and Commissioners, to enable any person or persons or association of persons, for the constitution of a bank or banks, agreeable to the provisions of the above recited act, shall make a fair and regular entry of the time that the said Comptroller and Commissioners have been actually in service in the duties required of them in the provisions of the said recited act, plainly setting forth the name of the person or persons or association of persons thus applying, with the name of the place of location of any such entered Company or association of persons. Sec. 2. And be it further enacted by the authority of the same , That the Comptroller and Commissioners that now are, or that shall hereafter be appointed by the provisions of the above recited section, shall not charge, claim or receive, from any person or persons or association of persons, any sum or sums of money, otherwise than from the person or persons or association of persons by whom application may be made to said Comptroller and Commissioners, for the appointment of appraisers or commissions for any company or companies with the intention of Banking, agreeable to the provisions of the above recited act, shall be fined in a sum not less than five hundred dollars for every such offence, recoverable in any court in this State having competent jurisdicion of the same, one moiety to the prosecutor, and the other moiety to the county where such action shall be instituted, for county purposes; any law, usage or custom to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 32

CITIZENSHIP. AN ACT to grant the rights and privileges of citizenship to certain persons and their descendants of the Cherokee tribe of Indians, herein 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 the wife and children of Daniel Davis of the county of Lumpkin, Mrs. Burnhill and her children, Benjamin R. Dougherty and his children, and the wife of Isaac Morris and her children, all of Lumpkin county, be, and they and each of them are hereby permitted to enjoy all the rights and privileges that appertain to 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 before mentioned persons shall be liable to do and perform all and singular the duties of citizens of Georgia. Sec. 3. And be it further enacted , That the said rights and privileges are granted to said individuals upon the condition that no suit or action is hereafter to be commenced by them or any of them for the recovery of any land heretofore or hereafter to be granted by this State, and to which they may claim title as Indians or the descendants of Indians. Sec. 4. And be it further enacted , That all laws or parts of laws militating in any wise, against the provisions of this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 33

COUNTIES. AN ACT to change and define the line between the counties of Jefferson and Washington, and to legalize and make valid the official acts of Samuel Tarver as a Justice of the Inferior Court of the county of Jefferson. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid , That from and immediately after the passage of this act, the line between the counties of Jefferson and Washington, shall so diverge and again run into the original line, so as to include the present dwelling and out-houses of Samuel Tarver, taking from the county of Washington the smallest erea of land which may be necessary for the above purpose. Sec. 2. And be it further enacted , That the official acts of the said Samuel Tarver as a Justice of the Inferior court of the county of Jefferson, be, and the same are hereby legalized and made valid. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to add the lot of land whereon Reuben Lawson now resides, immediately on the line of Jasper and Newton counties, to the county of Jasper. Section 1. Be it enacted by the Senate and House of 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 lot of land whereon Reuben Lawson now resides, on the line dividing the counties of Jasper and Newton be, and the same is hereby declared to be attached to and belong to the county of Jasper;

Page 34

and that all laws so far as they militate against the same, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to explain and amend an act passed the twenty eighth day of December, eighteen hundred and thirty eight, entitled an act to lay out and organize a new county from the counties of Floyd and Walker. Whereas, doubts have been entertained under a construction of said act, as to whom the Taxes due from the people residing within the limits of said new county, for the year eighteen hundred and thirty-nine, should be paid: 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 Taxes laid and assessed on persons or property, resident or being situated in those parts of the counties of Floyd and Walker, which by the formation of said new county have been included therein, and due and payable in the said year eighteen hundred and thirty nine, shall be considered a subject to be collected by the Tax collector of the said new county elected for the said year, and in all cases in which said taxes may not have been collected and paid, it shall be the duty of said tax collector of said new county of Chattooga, to proceed to collect the same in the usual manner, and by the process pointed out by law, for the collection of taxes in the several counties of this State; and in all cases in which said taxes shall or may have been collected by the tax collector of said counties of Floyd and Walker, the same shall be and are hereby declared to be vested in the Inferior court of said county of Chattooga, in the same manner as if they had been collected by the collector of said county; and it shall be the duty of such person or persons in whose hands such taxes may be, to pay over the same to the Inferior Court of said county of Chattooga, or to any person or persons by said Court duly authorized to receive the same, to be ascertained by the tax

Page 35

books of said county, whose collector may have collected the same. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to authorize and empower the Justices of the Inferior Court of the counties of Emanuel and Bulloch, to sell or lease the lands belonging to, and set apart for county purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Justices of the Inferior court for the counties of Emanuel and Bulloch, be, and they are hereby authorized and empowered to sell or lease, (after giving public notice by advertisement at three or more places in the county, at least thirty days before the day of sale or leasing,) for a term of years as in their judgment they may think proper for the interest of the county, all or any part of the public Lands of said counties, and that the proceeds be applied to county purposes. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 36

COUNTY OFFICERS. AN ACT to authorize the Inferior Court of Bibb county to appoint Thurston Rowland Bloom, a Notary Public. Section 1. Be it enacted by the Senate and House of 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 Inferior court for the county of Bibb, shall have full power and authority to appoint and commission Thurston Rowland Bloom of the city of Macon, a Notary Public for the county aforesaid. Sec. 2. And be it further enacted by the authority aforesaid , That if the Inferior court of the said county of Bibb, shall deem it fit and proper to appoint and commission the said Thurston Rowland Bloom as a Notary Public, that he shall be held, deemed and considered liable and responsible for all his contracts and acts in the same manner and to the same extent as if he was of full age. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to compensate the Justices of the Inferior Court of the county of Appling. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it hereby enacted by the authority of the same , That from and after the passage of this act, each Justice of the Inferior court of the county of Appling, shall receive as a compensation, two dollars per day for the time they may actually be engaged in the discharge of duties of Judges of the Inferior court, or of the courts of Ordinary, to be paid out of the county Treasury. Sec. 2. And be it further enacted by the authority aforesaid ,

Page 37

That all laws and parts of laws miltating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to authorize the Justices of the Inferior court of the several counties in this State to create and lay out any new districts, or change and alter the lines of 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 immediately after the passage of this act, that whenever it shall be necessary to create and lay out any new district in any of the counties in this State, the Justices of the Inferior courts, or a majority of them of said county, shall proceed to appoint three Commissioners, who shall be citizens of the district from which it is proposed to create or lay out the new district, whose duty it shall be to lay out and define the lines of said district, and report the same to the next Inferior court of said county, for county purposes. Sec. 2. And be it further enacted , That whenever it is necessary to alter or change any of the lines of the districts now organized, or to define the same, that the Justices of the Inferior court of the several counties of this State, or a majority of them, shall appoint three Commissioners, who shall be citizens of the districts between which the change in defining is proposed to be made, who shall proceed to lay out or define said line, and report the same to the next Inferior court in said county, for county purposes. Sec. 3. And be it further enacted , That whenever the Commissioners appointed as contemplated in the preceding sections of this bill, shall deem it necessary, they may engage the services of a competent Surveyor to assist in laying out any new districts, or change or define any line in pursuance of the foregoing sections, who shall be paid for his services as Surveyor, out of the county Treasury. Sec. 4. And be it further enacted , That whenever the said Inferior court, or a majority of them, shall approve the report of the before mentioned commissioners, that they shall cause the same to be recorded on the minutes of said court, after

Page 38

which the district laid out, line changed or defined, shall be known and distinguished as such. 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. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to authorize the Justices of the Inferior Court of the county of Heard, to form new militia districts in said county, and to regulate 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 passage of this act, the Justices of the Inferior Court, in and for the county of Heard, 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 and regulate those militia districts in said county already laid out; any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CRARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to make it the duty of the Clerks of the Court of Ordinary, of the several counties in this State, to preserve the evidence of legal notices in certain cases; and in relation to the appointment of administrators and guardians in certain cases. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met,

Page 39

and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall be the duty of the clerks of the court of ordinary of the several counties in this State, to keep in their respective offices a regular file of the newspaper in which they may advertise the notices required by law to be advertised. Sec. 2. Be it further enacted by the authority aforesaid , That said Newspaper filed as aforesaid, shall at all times be subject to the inspection of any person interested in any notices published therein. Sec. 3. And be it further enacted , That the provisions of an act passed on the sixteenth of December, eighteen hundred and sixteen, entitled an act to authorize the several courts of Ordinary in this State to appoint their Clerks administrators, de bonis non, in certain cases, be, and the same are hereby extended to all cases of intestacy: Provided always, that said courts shall not appoint their clerks administrators, (in the first instance) until at least thirty day's notice of the death and intestacy of the deceased person, and that no person has applied for letters of administration, has been given by said clerk in the nearest public Gazette. Sec. 4. And be it further enacted , That in all cases hereafter, letters of administration shall only be granted by the court of Ordinary of the county where the deceased resided at the time of his death, if a resident of this State. Sec. 5. And be it further enacted , That in all cases hereafter, letters of guardianship shall only be granted by the court of Ordinary of the county where the minor or ward resided at the time application for letters of guardianship is made, if said minor or ward reside in this State. Sec. 6. And be it further enacted , That in all cases where the said courts shall appoint their Clerks administrators, they may in their discretion require additional security of said clerks, for the faithful administration of the estate confided to them. Sec. 7. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 40

AN ACT to authorize the Sheriffs of the counties of Decatur, Thomas, Lowndes, Ware and Wayne, to sell the fractions in said counties, 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 the Sheriffs of the counties of Decatur, Thomas, Lowndes, Ware and Wayne, shall be, and they are hereby authorized and required to offer for sale at public auction, all the fractions in each of said counties on the Florida line, first giving notice in two of the public Gazettes in Milledgeville, at least three months prior to the day of sale, of the number of lots in their respective counties, and the time of sale, which shall be on the first Tuesday in the month, and between the usual hours of sale; and the Sheriff as aforesaid shall give to the purchaser a certificate of purchase, on the purchaser paying one-half of the purchase money, and giving good and sufficient security to the Sheriff and his successors in office, to pay the remaining half in twelve months from the date of the purchase. Sec. 2. And be it further enacted , That the Sheriffs of the counties as aforesaid, shall be required to pay into the Treasury of the State, within three months from the day of sale, all moneys by them collected as aforesaid, after deducting their usual fees as Sheriff on each and every lot sold by them, and in like manner within the time of three months from the time that the second instalment will become due. Sec. 3. And be it further enacted , That on the payment of the last instalment, and the purchaser presenting a certificate to the Surveyor General that the same has been paid, shall be entitled to receive a grant in his, her or their name, by paying into the Treasury the sum of two dollars and fifty cents. Sec. 4. And be it further enacted , That if any purchaser or purchasers shall neglect or refuse to pay to the Sheriff as aforesaid, the sum or sums that may be due on their second instalment, within three months from the time that their note or notes become due, then the sheriff shall proceed to sell the land again, giving first sixty days' notice in one of the Gazettes at Milledgeville, and at three or more public places in the county where the land lies. Sec. 5. And be it further enacted , That the purchaser of any lot which may be sold a second time, shall be entitled to the grant, on presenting the sheriff's certificate to the Surveyor General, that he, she or they have paid for the Lot, and by paying the required sum of two dollars and fifty cents into the Treasury as aforesaid. Sec. 6. And be it further enacted , That the Clerks of the

Page 41

Superior courts of the several counties above named, shall attend the sales aforesaid, and keep a record of the same, and transmit to the Comptroller General a copy of the record, showing the number of the fraction and the amount it sold for, and shall receive for his services, fifty cents for each lot sold and registered as above, to be paid by the Sheriff on his presenting the Comptroller's receipt, with his certificate of the amount due, which sum the Treasurer shall receipt for, on the Sheriffs presenting the clerk's receipt. Sec. 7. And be it further enacted , That it shall be the duty of the Surveyor General, to furnish the several Sheriffs of the above named counties, with a list of fractions in their respective counties, which remain the property of the State. Sec. 8. And be it further enacted by the authority of the same , That nothing in this act shall authorize the said Sheriffs to sell any of the said fractions for a less sum than one dollar and twenty-five cents per acre. Sec. 9. And be it further enacted , That the Sheriffs failing to pay over money collected under this act agreeable to the provisions thereof, shall be subject to be ruled by the Solicitor General of the Judicial District in which such land may lie, and shall be dealt with as in cases of other money rules against Sheriffs. Sec. 10. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor Assented to, December 23d, 1839. AN ACT to authorize the Justices of the Inferior court for the several counties of this State to elect the clerk of the Court of Ordinary. Whereas, it frequently occurs that the Justices of the Inferior Courts in the several counties of this State, fail to elect a clerk for the court of Ordinary on the first Monday in January, as required to do so by law, and for remedy whereof: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met,

Page 42

and it is hereby enacted by the authority of the same , That in future, where the Justices of the Inferior court as aforesaid, shall fail to elect a Clerk as aforesaid, that it shall and may be lawful for the said Justices or a majority of them, to proceed at any time thereafter, and previous to the next regular time of said election, to elect a clerk as aforesaid. Sec. 2. And be it further enacted as aforesaid , That any person so elected, shall, before he enters upon the duties as Clerk aforesaid, enter into bond with good and sufficient security or securities unto His Excellency the Governor for the time being, and shall be held liable in the same way as if he had been elected at the time regular by law, and shall continue in office no longer than the next regular time of electing said clerk; any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT authorizing the Justices of the Inferior court of Camden county to appropriate from the funds of said county, at their discretion, a sum of money, annually, as a compensation to the Sheriff for his extra services. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the Justices of the Inferior court for the county of Camden, shall have power, and are hereby authorized to appropriate annually, and pay from the funds of said county, at their discretion, a sum not exceeding two hundred dollars, as compensation for extra services rendered by him as Sheriff, or in that proportion during his continuance in office. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 10th, 1839.

Page 43

AN ACT to reduce the Sheriff's bonds, of this State, so far as respects 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 from and after the passage of this act, the Sheriffs, hereafter, in the county of Dade, shall only be required to give security in the sum of nine thousand dollars, for the faithful performance of their duty, in place of twenty thousand dollars, as heretofore required. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 21st December, 1839. AN ACT to consolidate the offices of Receivers of Tax Returns and Tax Collectors of this State, so far as respects the counties of Dade and Dooly. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid , That from and after the passage of this act, the offices of Receiver of Tax Returns and of Tax Collector of the counties of Dade and Dooly, be, and the same are hereby consolidated and united, and shall hereafter be filled by one and the same person annually, who shall perform the duties of Receiver of the Returns of Taxable Property and Tax Collector, for the said counties of Dade and Dooly, respectively, as required by law, and give bond and security in double the amount now required of the Tax Collectors of this State. Sec. 2. And be it further enacted by the authority aforesaid , That the person elected to fill the office of Receiver and Collector, shall receive the compensation which the Receivers and Collectors of the counties aforesaid now jointly receive Provided that they shall not hold the office for more than one year at a time, but may be subject to re-election. Sec. 3. And be it further enacted by the authority aforesaid,

Page 44

That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to authorize the Sheriff of Washington county to advertise all sales by him to be made in the Southern Advocate. Section 1. Be it enacted by the Senate and House of 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 is hereby declared lawful for the Sheriff, and other county officers of Washington county, or his successors in office, to advertize all sales by him to be made in the Southern Advocate, according to the rules and regulations in such cases made and provided. Sec. 2. Be it enacted by the authority of the same , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to authorize the Sheriffs of the counties of Gilmer, Union and Lumpkin to publish their sales in one of the public gazettes published at Athens, in the county of Clark. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, it shall and may be lawful for Sheriffs and their Deputies, and Coroners of the counties of Gilmer, Union and Lumpkin, to publish

Page 45

their sales in one of the public gazettes published at Athens, in Clark 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. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to repeal an act to regulate and equilize the fees between the offices of Tax Collector and that of Receiver of Tax Returns, so far as relates to the county of Decatur, passed 31st day of December, one thousand eight hundred and thirty-eight. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the before recited act be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to consolidate the offices of Tax Collector and Receiver of Tax Returns, so far as respects the counties of Baldwin, Chattooga, Franklin, Gwinnett, Heard, Upson, Wilkes, McIntosh, Thomas, Jefferson, Cobb, Hancock, Dooly and 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 after [Illegible Text] of this act, the offices of Tax

Page 46

Collector and Receiver of Tax Returns, in the counties of Baldwin, Chattooga, Franklin, Gwinnett, Heard, Hancock, Upson, Wilkes, McIntosh, Thomas, Jefferson, Cobb, Dooly and Marion, be, and the same are hereby consolidated, and that the persons elected to perform the duties thereof, shall take and subscribe, previous to entering in the execution of his duty, the same oaths that are now obligatory by law upon the respective officers of each of said offices, and shall be in every respect responsible and amenable to such rules and regulations, in discharging the duties thereof, as the respective offices are now governed by law, and shall be commissioned by the Governor, and receive the same compensation heretofore allowed by law to both offices Provided , that this act shall not take effect in the county of Upson until the first day of January, eighteen hundred and forty-one. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 9th, 1839. AN ACT to repeal an act entitled an act to require the Sheriff of Gwinnett county, or his Deputy, to reside at or within one mile of the Court-House in said county, and to require said Sheriff to keep his office at or within one mile of said Court-House. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the first section of an act passed the ninth day of December, eighteen hundred and twenty-eight, (1828) requiring the Sheriff of said county of Gwinnett, or his Deputy of said county, to reside at or within one mile of the Court-House of said county of Gwinnett, be, and the same is hereby repealed, any law, usage or custom to the contrary, notwithstanding. Sec. 2. And be it further enacted by the authority aforesaid ,

Page 47

That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. COURTS. AN ACT to change the time of holding the Inferior Courts for the county of Troup, the Superior and Inferior Courts for the county of Bibb, and the Superior Courts for the county of Thomas. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid , That from and after the passage of this act, the time of holding the Inferior Court of the county of Troup, for the January term thereof, shall be changed from the second to the third Monday in said month. Sec. 2. And be it further enacted , That from and after the passage of this act, the sittings of the Superior Court of the county of Bibb shall commence on the first Monday of February and the first Monday in August, in each year; and the sittings of the Inferior Court of Bibb county shall commence on the first Monday of May and the first Monday of November, in each year: Provided , that nothing herein contained shall be so construed as to prevent the holding of the next term of said Court on the second Monday of February next, as heretofore fixed by law, so that the two terms of the said Inferior Court for the next year shall be on the second Monday of February, and first Monday of November. Sec. 3. And be it further enacted , That the times of holding the Superior Courts in the county of Thomas, shall be on the second Mondays in April and October, in each and every year. Sec. 4. And be it further enacted , That all writs, processes, subp[UNK]nas, citations and recognizances issued, or which shall hereafter be issued for the next ensuing terms of the Inferior and Superior Courts of said counties of Bibb,

Page 48

Troup and Thomas, respectively, as contemplated by this act, shall have validity and operation accordingly. Sec. 5. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to authorize the Justices of the Inferior Court of Newton county to open Court and transact business as a Court of Ordinary, on Monday, the 18th day of November, 1839. Whereas, the Justices of the Inferior Court of Newton county, sitting as a Court of Ordinary, failed to hold a regular term of said Court on the first Monday in November, 1839And whereas the said Justices ordered that the said Court for the November term thereof be adjourned over until the third Monday in November, which said adjournment has not been regular and legal, and forasmuch as the public interest will be promoted by holding the contemplated adjourned term of said Court 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 Justices of the Inferior of Newton county, sitting as a Court of Ordinary, be, and they are hereby authorized to open Court and transact business as a Court of Ordinary, for Newton county, on the 18th day of November, 1839; and that the actings and doings of said Court, so held, shall be as legal and effectual as though the same had been done at the regular sitting of said Court, for the November term eighteen hundred and thirty-nine. Sec. 2. And be it further enacted, c. , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, November 15th, 1839.

Page 49

AN ACT to change the time of holding the Superior Courts in the counties of Floyd and Paulding. Section 1. Be it enacted by the Senate and 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 the counties of Floyd and Paulding shall hereafter be held at the following times, to wit: The Superior Court for the county of Floyd, on the third Monday in April and October, in each and every year; and in the county of Paulding, on the first Monday in 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 kinds, nature or description, shall stand over and be returnable to the times of holding the said Courts respectively, herein before specified. Sec. 3. And be it further enacted , That all laws or parts of laws militating against this act, are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to alter and change the times of holding the Inferior Courts of 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 from and after the next Inferior Court to be held in and for the said county, on the third Monday in January next, the time of holding said Courts shall be on the first Monday in August and February thereafter, in each and every year. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839.

Page 50

AN ACT to alter and fix the times for holding the Superior Court for the county of Muscogee, and to legalize the adjournment of Houston Superior Court. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Superior Court for the county of Muscogee shall be held on the first Monday in April, and Tuesday after the first Monday in October. Sec. 2. And be it further enacted , That all writs and processes made returnable to any of the terms of said Court, as they were before this altered, shall be considered and held as returned to the times mentioned in the first section of this act, any law to the contrary notwithstanding. Sec. 3. And be it further enacted , That the late adjournment of the Superior Court of the county of Houston, by the order of the presiding Judge, to the third Monday in January next, be, and the same is hereby legalized and made valid, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to change the time of holding the Inferior Courts for the county of Greene, so far as respects the winter session 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 second Monday in January next, the winter session of the Inferior Court of Greene county shall commence and be holden in said county on the second Monday in December, annually. Sec. 2. And be it further enacted by the authority of the same ,

Page 51

That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to alter and fix the time of holding the Superior Courts in the counties of Twiggs and Muscogee. Section. 1. Be it enacted by the Senate and House of 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 following shall be the time of holding the Superior Courts in said counties, on the first Monday in January and July, in each and every year. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and they are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to alter and fix the times of holding the Superior and Inferior Courts of the couuty of Baldwin. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, the times of holding the Superior Courts of the county of Baldwin, shall be on the fourth Monday of March and September, in each and every year.

Page 52

Sec. 2. And be it further enacted by the authority aforesaid , That the times of holding the Inferior Courts of said county shall be on the fourth Monday in July and January, in each and every year. Sec. 3. And be it further enacted by the authority aforesaid , That all writs and other processes of every kind and nature shall be made returnable to the several Courts at the times herein above stated. Sec. 4. And be it further enacted by the authority aforesaid , That all processes and other writs now issued, shall be returnable to the terms of the said Courts, in the same manner as if no alteration of the times of holding said Courts had been made. Sec. 5. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY , Speaker of the House of Representatives. ROBERT M. ECHOLS , President of the Senate. CHARLES J. McDONALD , Governor. Assented to, December 21st, 1839. AN ACT to alter and fix the time of holding the Superior and Inferior Courts in the counties of Pulaski and Richmond, and the Superior Courts of Montgomery, Tattnall and Emanuel counties. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Superior Courts of Pulaski county shall be holden on the second Monday of the months of January and July. Sec. 2. And be it further enacted , That the sessions of the Superior Court of Richmond county shall hereafter be on the second Monday in January and first Monday in June, in each and every year, and the sessions of the Inferior Court of said county shall hereafter be on the first Monday in April and third Monday in September, in each and every year. Sec. 3. And be it further enacted by the authority aforesaid , That the Inferior Courts of said county of Pulaski, shall be hereafter holden on the second Monday in April and the

Page 53

second Monday of October of each year, until the same shall be altered by law: The Superior Courts of the Middle District, in the fall, shall be held In the county of Montgomery, on the second Monday in October; In the county of Tattnall, on the Thursday after the second Monday in October; In the county of Emanuel, on the third Monday in October. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to alter and fix the time of holding the Inferior Courts in the county of Muscogee. Section 1. Be it enacted by the Senate and House of 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 for holding the Inferior Court in and for the county of Muscogee shall be on the third Monday in January and July, in each and every year. Sec. 2. And be it further enacted by the authority aforesaid , That all persons summoned, subp[UNK]n[UNK]d or bound as suitors, witnesses, jurors, or in any other capacity, to attend said Court at the times which by the law now in force said Inferior Courts are to be holden, shall be, and are hereby required and bound, by virtue of said summons, subp[UNK]na, or other process heretofore issued to attend said Courts, at the times specified in this act. Sec. 3. And be it further enacted by the authority aforesaid , That all writs, precepts and processes whatever, heretofore issued, or that may hereafter be issued, returnable to the terms of said Court, as now fixed by law, shall be considered

Page 54

and held as returnable to the terms of said Court, as fixed and determined by this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to alter and fix the time of holding the Inferior Courts in the county of Twiggs. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid , That from and immediately after the passage of this act, the following shall be the time of holding the Inferior Courts in said countyon the second Monday in January and July. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. DIRECT TRADE. AN ACT to encourage a direct export and import trade with foreign countries, and to authorize the formation of Joint Stock Companies, for the purpose of dealing in foreign and domestic merchandize and produce. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall and may be lawful for any number of the citizens of this State to form

Page 55

Joint Stock Companies, for the purpose of dealing in foreign merchandize, and domestic produce and manufactures, and for importing from and exporting to any foreign State or Country, any part thereof, subject to the conditions and liabilities hereinafter prescribed. Sec. 2. And be it further enacted by the authority aforesaid , That no Joint Stock Company shall be formed under the provisions of this act, whose capital shall be less than two hundred and fifty thousand dollars, which shall be divided into shares of one hundred dollars each. Sec. 3. And be it further enacted by the authority aforesaid , That all persons who shall become share-holders in any such Joint Stock Company, shall be, and they are hereby created and constituted a corporation and body politic, by such name and style as the constitution and bye-laws of any and every such company may designate and appoint, and by such name, when established and duly recorded, as hereinafter prescribed, shall be, and they are hereby made capable in law, to have, hold, purchase, receive, possess, enjoy and retain, to them and their successors or assigns, lands, rents, tenements and hereditaments, goods, chattels and effects, of whatsoever kind, nature or quality the same may be, and to sell, grant, demise, alien or dispose of the same; to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in courts of record, or any other place whatsoever; and also to make, use and have a common seal, and the same to break, alter or renew at their pleasure; and also to ordain and establish and put in execution, such constitution and bye-laws, rules and regulations as they may deem necessary and convenient for the government of such company; Provided , that such bye-laws, rules and regulations be not contrary to the Constitution and Laws of this State, or of the United States; And provided also , that the real estate which it shall be lawful for any such company to hold, shall be only such as may be necessary for their accommodation, in relation to the convenient transaction of their business, and such as shall have been bona fide mortgaged to them as security, or conveyed to them in satisfaction of debts previously contracted in the course of their dealing, or purchased at sales upon judgments which have been obtained for such debts. Sec. 4. And be it further enacted by the authority aforesaid , That no company formed under the provisions of this act shall commence business until ten per centum of the capital thereof has actually been paid in to said company, in cash, by each stockholder, in proportion to the number of shares he or they may hold, and the remainder thereof secured for the benefit of the creditors of such company, by bond and mortgage, upon real estate, to the full value of any sum so not actually paid in in cash.

Page 56

Sec. 5. And be it further enacted by the authority aforesaid , That the stockholders, at any meeting of such company, or the officers appointed to conduct their business, shall have power to call for a further payment upon said stock, at any time, upon giving sixty days notice in the gazettes of the city where the business of said company may be located. Sec. 6. And be it further enacted by the authority aforesaid , That upon the formation of any company under the provisions of this act, the Stockholders thereof shall individually make out by themselves, or by attorney in fact, a certificate which shall contain 1. The name, style or firm of said company, and the amount of the capital thereof. 2. The names and residences of all the stockholders in the same, and the amount of stock held by each; the amount of cash actually paid in by each, and the amount secured by each by mortgage to said company. 3. The period at which said company intend commencing business, and the period at which it shall terminate, and when made by attorney in fact, the power of attorney, duly authenticated, shall accompany said certificate. Sec. 7. And be it further enacted by the authority aforesaid , That the said certificates shall be acknowledged by the several persons signing the same, or their attorney in fact, before a Judge of the Superior or Inferior Court, Justice of the Peace or Notary Public, who shall duly certify the same. Sec. 8. And be it further enacted by the authority aforesaid , That the certificates and powers of attorney in fact, so acknowledged and certified, together with a copy of the Constitution of such company, shall be filed in the office of the Clerk of the Superior Court of the county in which the principal place of business of such company shall be situated, and shall also be recorded by him, at large, in a book to be kept for that purpose, open to public inspection; and if any such company shall have places of business in different counties, a transcript of said record, duly certified by the clerk in whose office it shall have been filed, under his official seal, shall be filed and recorded in like manner, in the office of the Clerk of the Superior Court in every such county; and the Clerk, for each and every registry required by this act, shall be entitled to the sum of five dollars; and a certified copy of such certificate, powers of attorney and affidavits, shall be evidence, in all courts and place whatsoever. Sec. 9. And be it further enacted by the authority aforesaid , That each and every stockholder in such company shall be bound to said company, and to the creditors thereof, for the payment of the full amount of stock held by him or them, and that no sale or transfer of stock shall take place unless

Page 57

the whole amount due thereon shall have been bona fide paid, or be secured to be paid, in cash, to said companyaffidavit of which, together with the name and residence of the purchaser, shall be made by the principal officer of said company, and filed with the other records, in the Clerk's office of the Superior Court as aforesaid. Sec. 10. And be it further enacted by the authority aforesaid , That the stockholders of any company formed by authority of this act, shall have power to elect such temporary officers as they may deem necessary for carrying the same into effect, and to regulate and stipulate the compensation to be paid to the same, who shall hold their several appointments until a constitution and bye-laws for the government of such company are established, and regular appointments made under the provisions thereof. Sec. 11. And be it further enacted by the authority aforesaid , That dividends of the profits of such companies may be semi-annually declared; Provided , that a fund of ten per cent. over and above the capital actually paid in, shall be reserved by such company, to meet any unexpected loss they might sustain, before such dividend shall be paid. Sec. 12. And be it further enacted by the authority aforesaid , That the officers appointed for conducting the business of such company shall be liable to account to the stockholders for their management of said business, both in law and equity. Sec. 13. And be it further enacted by the authority aforesaid , That in the event of the failure or insolvency of any such company, all the property, real, personal and mixed, and of whatever kind and nature the same may be, shall be immediately assigned to three or more proper persons, for the benefit of the creditors of said company, and the said assignees shall proceed to dispose of the same, and to pay the debts of the said company; and should the same be insufficient to discharge the debts and liabilities of such company, then and in that case, they shall pay each creditor in like proportion; and if there be a surplus, they shall pay the same, in like proportion, to the stockholders of such company; Provided , that the said assignees, before taking possession of said property, shall give bond and security to said company, in an amount equal to the amount of property so put into their hands, for the faithful discharge of their duties as assigneesand the said assignees shall be allowed, out of the said proceeds, a reasonable commission for their services. Sec. 14. And be it further enacted , That all companies formed under and by virtue of this act, may continue business under the same, for the term of twenty years from the commencement of said business, and no longer; Provided ,

Page 58

that nothing herein contained shall be so construed as to prevent such companies from using their corporate name after the expiration of the time aforesaid, for the purpose of settling up their said business. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 20th, 1839. ENDORSERS. AN ACT to provide a remedy for endorsers against all prior endorsers and the makers of promissory notes and other contracts, in certain cases 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 immediately after the passage of this act, it shall and may be lawful for all persons who shall hereafter become endorsers on any promissory note, bond or other contract, made in the face thereof payable at any chartered Bank, or which shall be negotiated at any chartered Bank, or deposited there for collection, and where said endorsers are not interested in the consideration thereof, and judgment has been renderd against them, and execution has been issued thereon accordingly, and where such endorser or endorsers, shall hereafter be compelled to pay off such judgments or executions, he, she or they shall be entitled to the full control of each and every judgment or execution that shall or may be founded upon the same instrument as against the makers thereof, and all prior endorsers thereon, for the purpose of re-imbursing and remunerating him, her or themselves out of the property of said maker and endorsers: Provided , the persons applying for such control shall make it appear to the court from whence the execution issued, that he was only endorser thereon, and not interested in the consideration of said contract, and that he has bona fide paid off and discharged the judgment or execution that has been rendered or issued against him, and all costs on the other judgments.

Page 59

Sec. 2. And be it further enacted , That all laws militating against this act, be, and they are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. EXCHANGE. AN ACT to alter an amend an act concerning bills of exchange, passed on the nineteenth 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 all the provisions of said act, be, and they are hereby extended to all bills of exchange hereafter drawn (in the State,) upon, or made payable any place within the United States, out of this State, without reference to the residence of the drawer or acceptor. JOSEPH DAY. Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to prevent the several Banks of this State from selling or disposing of exchange at a higher rate per cent. than herein expressed under certain conditions, and to prescribe the mode of punishment for a violation 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, no officer of any

Page 60

bank or banks that has suspended specie payments in this State, or shall hereafter suspend, shall sell or dispose of any bill of exchange, check or draft, or other instrument of like character, at a greater rate than two per cent. premium or exchange; nor shall any other person or persons as agent or attorney, or in any other capacity, do so for the benefit of said bank or banks; and any officer of said bank or banks or other person or persons for the benefit of said bank or banks so offending, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment at hard labor in the Penitentiary, for any time not less than one year, nor more than four years. Sec. 2. And be it further enacted by the authority aforesaid , That the President and Cashiers of the several banks of this State, at the time of their semi-annual returns, in addition to the oath already prescribed by law, shall take and subscribe an oath, that they have not directly or indirectly violated the provisions of this act, and that no other officer of the said bank in which they hold office, have done so within their knowledge for the benefit of the said bank. Sec. 3. And be it further enacted by the authority aforesaid , That this act shall only be binding and of force while a suspension of specie payments exists with said bank or banks, and nothing herein shall be so construed, as to exempt any bank which shall temporarily resume specie payments, from the pains and penalties of this act. Sec. 4. And be it further enacted , That this act shall be construed to apply only to bills of exchange payable in the United States, and that the provisions of this act shall be so construed as not to take effect until after the first day of March next. Sec. 5. And be it further enacted , That all laws and parts of laws militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 23d December, 1839.

Page 61

FERRIES AND BRIDGES. AN ACT to authorize David Hutchins of the county of Floyd, to establish a Ferry across the Oostanaulla river, on his own land, and to regulate the rates of ferriage thereof; and Robert Ware of said county, to establish a ferry across the Coosa river, on his own land, and to regulate the rates of ferriage 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, David Hutchins, of the county of Floyd, be, and he is hereby authorized and empowered to establish a Ferry across the Oostanaulla river, on his own land, on lot number two hundred and ten, in the 24th district of the third section, now in the county of Floyd: Provided , the said David Hutchins keep a good and sufficient flat or ferry-boat, for the conveyance of passengers, and give due attention to the said ferry. Sec. 2. And be it further enacted by the authority aforesaid , That the said David Hutchins be fully authorized to demand and receive the following rates of ferriage, viz.: For each four horse wagon and team, fifty cents. For a two horse wagon and team, twenty-five cents. For a one horse wagon and horse, twenty-five cents. For an ox-cart and oxen, twenty-five cents. For a man and horse, twelve and a half cents. For each single horse, six and a quarter cents. For each head of neat cattle, three cents. For each head of sheep, goats or hogs, two cents. Sec. 3. And be it further enacted by the authority aforesaid , That the said David Hutchins shall be bound to make good any damage that may be sustained by his neglect or mismanagement at said ferry. Sec. 4. And be it further enacted by the authority aforesaid , That Robert Ware of the county of Floyd, be, and he is hereby authorized to establish a ferry across the Coosa river on his own land, on lot of land number five hundred and forty-eight, in the 16th district of the fourth section now in Floyd county, and that the said Robert Ware is hereby authorized to charge and receive the same rates of ferriage as is allowed at other established ferries across the Coosa river: Provided , the said Robert Ware do keep a sufficient

Page 62

flat or ferry boat for the conveyance of passengers, and give due attention to the same. Sec. 5. And be it further enacted by the authority aforesaid , That all laws or parts of laws that militate against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to authorize William Biscoe to establish a Ferry or erect a bridge across the Chattahoochee river, on his own land, one mile below Est Point bridge, in the county of Harris. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, William Biscoe, be, and he is hereby authorized and empowered to establish a ferry, or erect a toll bridge across the Chattahoochee river on his own land, known and distinguished as fractions numbers three hundred and nineteen, and three hundred and twenty, situated and being in the county of Harris; and that the said William Biscoe, his heirs and assigns, be, and they are hereby authorized and empowered to demand and receive the same rates of ferriage or toll, as are received and established at the bridge in West Point, in the county of Troup. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839.

Page 63

AN ACT to legalize and make valid the organization and actings of the Florence Bridge company. Whereas by an act passed on the 29th day of December last, to incorporate the Florence Bridge company, the (3d) third section of the above recited act provides that the company shall be organized within the space of thirty days, and through unavoidable circumstances, the said company was prevented from organizing within thirty days, as the third section of the above act prescribes; 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 organization and actings of the said Bridge company, be, and they are fully legalized and as valid as though the same had been done in terms of the above third section of the aforesaid recited act, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDOLAND, Governor. Assented to, 21st December, 1839. AN ACT to authorize and empower the representatives and heirs of McLin Lunday, to establish a Ferry across the Savannah river, in the county of Scriven, at a place known as Hudson's Landing, now owned by the representatives of said McLin Lunday. Section 1. Be it enacted by the Senate and House of 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 representatives and heirs of McLin Lunday, in the county of Scriven, be, and they are hereby authorized and empowered to establish a ferry over the Savannah river, at a place now known by the name of Hudson's Landing, and owned by them. Sec. 2. And be it further enacted by the authority aforesaid , That the representatives and heirs of said McLin Lunday, shall be authorized and empowered to demand and receive the following rates of ferriages; for each and every person, on foot, 6 cents; for a man and horse, 12 cents; for a

Page 64

horse and cart, 25 cents; for single horse wagon, 37 cents; for horse and gig, 50; for two horse wagons, 50; for wagon and team, four horses, 100 cents; for four wheel pleasure carriages, 100 cents; and for all other stock and cattle, such rates as are usually taken for ferriages of said river, by other persons owning ferries on said river. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 21st December, 1839. AN ACT to repeal an act entitled an act to authorize the establishment of a Ferry across the Altamaha between the land of Reuben Nale on the west side, and the land of Elijah Sapp on the east side of said river, and to secure the right of the same in the said Reuben Nale and Elijah Sapp, and their heirs and assigns, perpetually. Section 1. Be it enacted by the Senate and House of 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 above recited act be, and the same is hereby repealed. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repeated. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 65

AN ACT to authorize and empower Arnold Milner to establish a ferry across the Etowah river, on his own land, in the county of Cass, and to define the rights and liabilities of the owner thereof, and also to authorize Miner W. Brown to establish a toll-bridge across the Chattahoochee river, on his own land, and to fix the rates of toll for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, Arnold Milner, of the county of Cass, be, and he is hereby authorized and empowered to establish a ferry across the Etowah river, on his own land, in the county of Cass, at or near where he resides, and shall charge and receive the following rates of toll, viz: All road wagons, loaded, 37 cents, unloaded, 25 cents; all four wheeled pleasure carriages, 25 cents; all two wheeled carriages, ox carts, horse carts or light wagons, 12 cents; man and horse, 6 cents; stock of all kinds, 3 cents per head. Sec. 2. And be it further enacted , That from and after the passage of this act, Miner W. Brown, his heirs and assigns, are hereby vested with the privilege of keeping a bridge across the Chattahoochee river, on his own land, in the counties of Hall and Forsyth, and the said Brown shall be authorized to ask and receive the following rates of toll, viz: For a four hourse wagon and tem, fifty cents; for a two horse and team, thirty-seven and a half cents; for a one horse wagon or ox cart, twenty-five cents; and for a four wheeled pleasure carriage, fifty cents; and for a two wheeled pleasure carriage, twenty-five cents cents; and for a man and horse, twelve and a half cents; and for all led or loose horses, six and a fourth cents; and for all cattle, three cents per head. Sec. 3. And be it further enacted , That the aforesaid ferry and bridge shall be subject to the same rules and regulations hereby existing by the laws of this State, in relation to ferries and bridges, and to all the liabilities and rights as are by said laws enacted, all laws to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 66

AN ACT to authorize William Sheffield to erect a toll bridge over Little River, at or near the ferry known as Sheffield's Ferry, of which he is the owner, at any point on his land. Whereas the said William Sheffield is the owner of the land on both sides of the Little River, in the counties of Baldwin and Putnam, at and near to his ferry, on said river, and is desirous of the privilege of the erection of a toll-bridge at some point within his present limits 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 from and immediately after the passage of this act, the said William Sheffield is hereby authorized to erect a toll bridge over the said river, at any point he may think proper, on his own land, at or near his ferry on said river, and to receive, for and during the full term of forty years from and after the completion of the said bridge, the following rates of toll, viz: For a loaded wagon, fifty cents; for an empty wagon and four horses, thirty-seven and a half cents; for a cart and two horses, twenty-five cents; for all four wheeled pleasure carriages, fifty cents; for all two wheeled pleasure carriages, twenty-five cents; for led horses or mules, six and a quarter cents each; for a man and horse, twelve and half cents; for each foot passenger, six and a quarter cents; for all cattle, three cents each; for all goats, sheep or hogs, two cents each Sec. 2. And be it further enacted , That if the bridge so authorized to be erected shall be destroyed by freshet or otheriwise, and shall not again be rebuilt within four years thereafter, or shall, from the want of repairs, be impassable for the space of four years, at any one time, then and in such case, the right hereby vested in William Sheffield and his assigns, shall immediately thereafter cease and determine, and become void, as if this act had never passed. Sec. 3. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 67

AN ACT to authorize and empower Robert Ligon to establish a ferry across Etowah river, on his own land, in the county of Floyd, 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, Robert Ligon, of the county of Floyd, be, and he is hereby authorized and empowered to establish a ferry across the Etowah river, upon his own land, in the county of Floyd, upon lot of land No. 247, in the 23d district of the 3rd section of originally Cherokee, now in Floyd county, and to charge and receive the following rates of toll, viz: All road wagons, loaded, 50 cents Unloaded, 25 cents; All four wheeled pleasure carriages, 25 cents; All two wheeled carriages, ox carts, horse carts, or light wagons, 12 cents; Man and horse, 6; Stock of all kind, 3 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. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839.

Page 68

FINES AND FORFEITURES. AN ACT to authorize the Justices of the Inferior court of Pike county to remit a forfeiture incurred by Archibald A. Porter. Whereas, Archibald A. Porter heretofore became bound by recognizance for the appearance of Charles Cargill, at the Superior court of the county of Pike, and the said Charles having failed to appear at, and abide the sentence of said court, the said recognizance was forfeited, and judgmant entered up against the said Archibald, for the sum of one thousand dollars and cost; for the 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 the Justices of the Inferior court of Pike county, or a majority of them, be, and they are hereby authorized and empowered to remit the whole or any part of said forfeiture and judgment so incurred, by the said Archibald A. first paying all costs. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 10th, 1839. AN ACT to authorize the Justices of the Inferior court of Pulaski county, to remit a forfeiture incurred by Joseph J. Bracewell, John D. Gordon, Jesse B. Tooke, James L. Carruthers, and William S. Whitfield, on a bond for the appearance of Crawtord Sprowls. Section 1. Be it enacted by the Senate and 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 Pulaski county, or a majority of them, may at their discretion, and they are hereby authorized and empowered to remit the whole or any part of a forfeiture and judgment obtained against the said Joseph

Page 69

J. Bracewell, John D. Gordon, Jesse B. Tooke, James L. Carruthers and William S. Whitfield, on a bond for the appearance of the said Crawford Sprowls, in failing to appear at the Superior court of Pulaski county, in pursuance of said bond: Provided , the said Joseph J. Bracewell, John D. Gordon, Jesse B. Tooke, James L. Carruthers, and William S. Whitfield, shall in no wise be exonerated from the payment of the said judgment and forfeiture, until they shall have first paid all costs that have accrued in the said case. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to authorize the Justices of the Inferior court of Cass county to remit a forfeiture incurred by J. G. B. Adams, and Mrs. Edith Kimbrough, on a bond for the appearance of Joseph Kimbrough. Section 1. Be it enacted by the Senate and 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 Cass, or a majority of them may, at their discretion, and they are hereby authorized and empowered to remit the whole or any part of a forfeiture and judgment obtained against the said J. G. B. Adams and Edith Kimbrough, on the bond for the appearance of the said Joseph Kimbrough, in failing to appear at the Superior court of Cass county, in pursuance of said bond: Provided , the said J. G. B. Adams, and Edith Kimbrough, shall in no wise be exonerated from the payment of the said judgment and forfeiture, until they shall have first paid all cost that have accrued in said case. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 70

GRANTS. AN ACT to authorize a grant to issue to Lewis Madison Bledsoe, for lot of land situate, lying and being in the fifteenth district of the fourth section of originally Cherokee, now of the county of Floyd, known and distinguished in the plan of said District, by the number one hundred and fifty-four. Whereas Lewis Madison Bledsoe was entitled to a draw in the late land and gold lottery; And WHEREAS the said Lewis did give in for a draw in said land lottery in Stanfield's District, in the county of Campbell, in this State, he then being a citizen of said county of Campbell; And WHEREAS, also, it appears from the records of the Executive Department of this State, that one Lewis M. Madison, of Stanfield's District, in the said county of Campbell was the fortunate drawer of the said lot of land; And WHEREAS, also, it does not appear that the said Lewis Madison Bledsoe did draw a lot or lots of land in said land lottery; And WHEREAS, also, it appears that no person of the name of Lewis M. Madison resided, or was a citizen of Stanfield's District, in said county of Campbell, at the time of giving in; And WHEREAS it is believed that the taker in of the names of persons in said District, entitled to draws in said land lottery, committed an error in registering the name of the said Lewis Madison Bledsoe, by registering it Lewis M. Madison; And WHEREAS, also, a grant has heretofore regularly issued to Lewis M. Madison, under the great seal of this State, granting the said lot of land to the said Lewis M. Madison; And WHEREAS, also, it is believed that the said Lewis Madison Bledsoe and Lewis M. Madison are one and the same person, and that said grant ought of right to have been issued to Lewis Madison Bledsoe, 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 a grant do issue to Lewis Madison Bledsoe, for lot of land number one hundred and fifty-four, in the fifteenth district of the fourth section, of originally Cherokee, now of the county of Floyd, in this State; Provided, nevertheless , that if any such person as Lewis M Madison should ever appear,

Page 71

and identify himself as being Lewis M. Madison, or any person for him was entitled to a draw in said land lottery and did draw said lot of land, then and in such case this act shall not be so constructed as in any manner whatever to effect the rights of such person. Sec. 2. And be it further enacted , That all laws and parts of laws militating against the true intent and meaning of this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to extend the time to fortunate drawers, the time of taxing out their grants in the counties of, originally, Appling, Early, Irwin, Hall, Habersham, Walton, Gwinnett and Rabun, 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 the time for fortunate drawers in the counties of originally, Appling, Irwin, Early, Hall, Habersham, Walton, Gwinnett and Rabun, be extended the 1 5th day of December next, to take out their grants, by paying into the treasury the sum now required by law. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 72

AN ACT to authorize the State's grant to issue to Sherrod Whittington, of the county of Crawford, on his paying into the Treasury of the State the remainder of the purchase money due for the same, with lawful interest thereon. Whereas, in the year 1827, lot of land number twenty-seven, in the sixth district, originally Houston, now Crawford county, was condemned as a fraudulent draw, and upon the partition thereof, the north half fell to the State, which being afterwards exposed to sale, agreeable to the provisions of the land lottery act of 1821, Sherrod Whittington of Crawford county, became the purchaser thereof, at the price or sum of forty dollars, and paid one fourth of the purchase money at the time of the sale; And WHEREAS, further, in consequence of the omission of the said Sherrod Whittington to pay the balance of the said sum of forty dollars, has not issued a grant to the north half of said lot of land, for remedy whereof Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That from and after the passage of this act, the State's grant to the north half of said lot of land, number twenty seven, in the sixth district of originally Houston, now Crawford county, do issue to the said Sherrod Whittington, on the payment by him into the treasury of the State, of the sum of thirty dollars, with lawful interest thereon, from the year 1827, that being the time of sale of said north half lot of land, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. GRAND AND PETIT JURORS. AN ACT to compensate Grand and Petit Jurors of the counties of Carroll, Paulding and Dooly; and Petit Jurors for the county of Jackson. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met ,

Page 73

and it is hereby enacted by the authority of the same , That all persons who may be summoned to attend the Superior or Inferior courts of the counties of Carroll and Paulding, as Grand and Petit Jurors, and who shall be sworn and empanneled as Jurors, shall severally be entitled to receive the sum of one dollar each per day, for each and every day the said Juror shall attend as aforesaid. Sec. 2. And be it further enacted by the authority aforesaid , That the fee of three dollars, now allowed by law for the trial of each and every case in said courts, and all other fees allowed by law, shall be received by the respective Clerks of the Superior and Inferior courts of said counties, and it shall be the duty of the clerks as aforesaid, at the close of such court, to pay over to each Juror his proportionable part of the money raised as aforesaid, and to give the said Juror a certificate for the balance due him; which certificate shall be presented to the county Treasurer, and he is hereby authorized and required to pay the same out of the county funds; the fees raised by the Grand and Petit Jurors as above, to be kept separate and paid out accordingly. Sec. 3. And be it further enacted by the authority aforesaid , That the several persons summoned to attend the sittings of the Superior and Inferior courts of the county of Jackson, as Grand and Petit Jurors, and who shall attend the same during the terms of said court, or until discharged by the presiding Judge or Justices of said Courts, shall severally receive from the county treasury, one dollar per day for each and every day he may have attended said courts as a Juror, which compensation shall be exclusive of the fees now allowed them by law as Jurors. Sec. 4. And be it further enacted by the authority aforesaid , That it shall be the duty of the Sheriff of said county, for the time being, to give to the Treasurer of said county, a certified list of the several Jurors who have attended the Courts aforesaid, which certified copy shall be deemed sufficient authority to the Treasurer to pay to each Juror the sum allowed him for his services, agreeable to the preceding section, out of any money in the County Treasury, unappropriated. Sec. 5. And be it further enacted by the authority aforesaid , That for the purpose of enabling the Treasurer of said County, to pay the said Jurors as provided for by this act, the Justices of the Inferior Court of said county are hereby authorized, if they may deem it necessary, to levy an extra tax upon the citizens of said county, not exceeding fifty per cent. of the amount of tax for the time being, which taxes when collected, shall be by the Collector thereof paid into the County Treasury for the purposes aforesaid. Sec. 6. And be it further enacted by the authority aforesaid ,

Page 74

That all laws and parts of laws militating against this act, be and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to compensate Grand and Petit Jurors for the county of Tattnall, 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, so much of the above recited act as authorizes the Inferior court to levy an extra tax for the purpose of compensating Grand and Petit Jurors of the county of Tattnall, be, and the same are hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to authorize and empower the Justices of the Inferior court of the county of Bulloch, to levy and collect a tax to pay the Jurors of the Superior and Inferior courts for the county of Bulloch, and to authorize them to pay the Jurors not exceeding one dollar per day for the time they are required to attend the several courts. Section 1. Be it enacted by the Senate and 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

Page 75

majority of the Justices of the Inferior Court of Bulloch county, shall have power and authority to levy and collect a tax, of not exceeding one-fourth of the State tax, (should they think fit) for the express purpose of paying the Jurors of the Superior and Inferior Court. Sec. 2. And be it further enacted by the authority aforesaid , That the Jurors shall be paid the sum of one dollar per day, during the time required to attend said Courts, should the Justices think fit to levy and collect said tax. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to repeal so much of an act entitled an act to compensate the Grand and Petit Jurors of certain counties therein mentioned, so far as relates to the county of Crawford, assented to, 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 from and after the passage of this act, so much of the above and before recited act, as provides for the compensation of the citizens of Crawford county, summoned to attend the sittings of the Superior and Inferior courts of said county, be, and the same is hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That all moneys received from verdicts signed and judgments confessed in the Superior and Inferior courts of said county, shall be paid directly to the several Juries thereof, agreeable to the laws now in force, at the time of the above and before recited act; any law, usage or practice to the contrary, notwithstanding. JOSEPH DAY, Speaker of the House of Rpresentatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839.

Page 76

AN ACT to repeal a part of an act entitled an act to compensate the Grand and Petit Jurors of the Superior and Inferior courts of the several counties therein named, and to provide for the payment of the same, assented to, 28th 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, so much of the above act as relates to the county of Butts, be, and the same is hereby repealed; any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to repeal an act entitled an act to compensate Petit Jurors in the county of Lumpkin, assented to the twenty-fourth day of December, eighteen hundred and thirty-three. Also to repeal the sixth section of an act entitled an act to compensate the Grand and Petit Jurors of the Superior and Inferior courts of the several counties therein named, and to provide for the payment of the same; assented to, the twenty-third day of December, eighteen hundred and thirty-seven. Section 1. Be it enacted by the Senate and House of 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 before recited act, assented to the twenty-fourth day of December, eighteen hundred and thirty-three; and the sixth section of the before recited act, entitled an act to compensate Grand and Petit Jurors of the Superior and Inferior courts of the several counties therein named, and to provide for the payment of the same, be, and the same are hereby repealed. Sec. 2. And be it further enacted , That all laws and parts

Page 77

of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. INCORPORATIONS. AN ACT to authorize the Floyd county Manufacturing Company to build a dam across the Etowah river, on their own land in said county of Floyd, and to incorporate the same. Section 1. Be it enacted by the Senate and House of Representatives of the Stnte of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That William T. Price, Abram Fain, Absolem Stephens, Joseph T. Price and James McConnel, with all such other persons as may hereafter become interested in said Company, be, and they are hereby incorporated and made a body politic, by the name and style of the Floyd county Manufacturing Company, which company are hereby authorized to build such a dam across the Etowah river, as is necessary for their works; the said dam to be so constructed or built with a slope or slopes, or twenty feet of the centre of said current Etowah river, kept open by a gate or gates, from the hours of 7 o'clock, P. M., until 6 o'clock, A. M., for the free passage of fish therein; and that there shall be nothing so construed in this act, as to cause the above named dam to be built so as to prevent or impede the free passage of fish in the said river. Sec. 2. And be it further enacted by the authority aforesaid , That said corporate body shall be capable and liable in law to sue and be sued, plead and be impleaded, to use a common seal, and the same to alter and change at pleasure, to buy and sell, to have and to hold property, both real and personal, sufficient for the purposes of this incorporation,

Page 78

with power to appoint such officers, and to pass, alter and repeal, at such times as they may think proper, such byelaws and regulations for the government and interest of such corporation, as they may thing most condusive to welfare of such corporation; Provided , such bye-laws and regulations be not repugnant to the Constitution and Laws of this State. Sec. 3. And be it further enacted , That each and every member of said corporate body may sell and convey their interest in the property of said corporation, both real and personal, under such regulations and rules as may be adopted by said corporation, and upon the death of any of the members of the same, their interest in said corporate body shall pass to the legal heirs of said members, and that such legal heirs or purchasers shall have the same powers and privileges as are hereby conveyed to the above named individuals. Sec. 4. And be it further enacted , That the said company hereby incorporated shall exist and exercise the rights and privileges hereby conferred, for the term of thirty years from the passage of this act; and all laws militating against this act, so far be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to incorporate the first Universalist Church in the county of Macon, called by the name of Mount Zion Chapel. Section 1. Be it enacted by the Senate and House of 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 first Universalist Church in the county of Macon, and known as Mount Zion Chapel, and that John Stapler, Jacob Bradwell, William Haslum, and Bradford Peacock, and their successors in office, be, and they are hereby declared a body politic and corporate, by the name and style of the Trustees

Page 79

of the first Universalist Church of Macon county, and as such shall be capable and liable in Law , to sue and be sued, plead and be impleaded, and shall be authorized to make such bye-laws and regulations as may be necessary for the government of said Church: Provided , such bye-laws are not repugnant to the laws of this State; and for the purposes aforesaid, may have and use a common Seal, appoint such officers as they may think proper, and remove the same from office for improper conduct or neglect of duty. Sec. 2. And be it further enacted , That the said Trustees shall be capable of accepting and being invested with all manner of property, real and personal, all donations, gifts, and grants, privileges and immunities whatsoever, which may now belong to said Church, may hereafter be conveyed or transferred to them or their successors in office, to have and hold for the proper use, benefit and behoof of said Church. Sec. 3. And be it further enacted , That any vacancy that may happen in said Trustees, said vacancy may be filled by the remaining Trustees, in such way as they may direct by their laws and regulations. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to incorporate the town of Oxford, in the county of Newton, and to appoint Commissioners for the same, and to define their powers, and also to designate the corporate limits of 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 from and after the passage of this act, the town in Newton county, known as Oxford, shall be a town corporate, vested with such powers and privileges as are hereinafter designated. Sec. 2. And be it further enacted by the authority aforesaid , That the corporate limits of said town, shall extend over all the ground of three certain lots of land, known and distinguished

Page 80

in the original survey, one as lot number two hundred and seventy, and the other as lot number two hundred and eighty-eight, and the other as lot number two hundred and ninety-one, all of said lots situated and being in the ninth district of originally Henry, but now Newton county, and containing together six hundred seven and a half acres, more or less. Sec. 3. And be it further enacted , That Richard L. Simms, Ignatius A. Few, Samuel J. Bryan Archilaus H. Mitchell, H. M. M. Harmong Lamar, and James H. Bryan, and their successors in office, be, and are hereby created a body corporate, with full power and authority to enact and enforce such rules or ordinances as they may deem necessary for the good government, and for regulating the common affairs of said town. Sec. 4. And be it further enacted , That the commissioners above named, shall remain in office till the second Monday in January, eighteen hundred and forty-one, (and until their successors are appointed,) when the citizens of said town, entitled to vote for members of the Legislature, may assemble at some convenient place, and proceed under the direction and superintendance of two or more of the Commissioners then in office, to elect by ballot, seven persons to serve as Commissioners, whose time of service shall be for one year, and the election for Commissioners shall take place annually on the second Monday of January, in every subsequent year. Sec. 5. And be it further enacted , That the said commissioners and their successors in office, or any three of them, may, and they are hereby authorized to fill any vacancy that may occur by resignation or otherwise in their corporate body, and a majority of them shall be competent to do any business appertaining to said incorporation, and shall have authority to appoint a Clerk, whose duty it shall be to record their proceedings, and also an officer to be entitled a Marshal, whose duty it shall be to execute every order and precept to him directed by said commissioners, to carry into effect the ordinances of the said Corporation. Sec. 6. And be it further enacted , That the said commissioners, and their successors in office, shall have power and authority to levy a tax on all property within the corporate limits of said town; and also a poll tax, which shall be applied to the use of said incorporation, by their direction: Provided , that in no case shall the tax imposed, either on property or poll, exceed in amount the tax imposed by the laws of the State. Sec. 7. And be it further enacted , That said commissioners may, and they are hereby authorized to exact, (under such pecuniary penalties as they may consider just and

Page 81

right,) of all free white male citizens, and male slaves living within the limits of said incorporation, within the age of sixteen and forty-five years, shall labor on the streets of said town: Provided , they shall not exact exceeding fifteen days labor in any one year of any individual. Sec. 8. And be it further enacted , That all laws and parts of laws which militate against this act, be, and the same are hereby repealed, so far as they conflict with the powers and privileges granted by this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to incorporate the Macon Iron Steamboat company. Whereas the construction of boats to navigate our rivers is a matter of importance to the planting as well as the commercial interest of the State, much inconvenience and delay having resulted from the absence of boats adapted to the nature of our streams: And Whereas, it has been ascertained that boats constructed of Iron, can be made much lighter than those of wood, consequently are better adapted to shallow streams, and less liable to detention from low stages of rivers: And Whereas, the Congress of the United States have granted to James R. Butts the privilege of importing Iron free of duty, for the construction of his boats Section 1. Therefore be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That James R. Butts, together with his associates, and such persons as 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 Macon Iron Steamboat company; and by that name and style may hold, purchase, receive, retain, enjoy, sell and transfer real and personal property, may sue and be sued, plead and be impleaded in any court of law or equity; may have and use a common seal, and the same to break, alter and remove at pleasure; may make such bye-laws, rules and regulations, as the stockholders

Page 82

and persons appointed by them to manage the concerns of said company may deem necessary and expedient: Provided , that the same be not contrary to the constitution and laws of this State, or of the United States. Sec. 2. And be it further enacted by the authority aforesaid , That the capital stock of said company, shall consist of one hundred shares, of one thousand dollars each, which shall be held by the present members of the company in the respective proportions already fixed among themselves, and for which the proper officers of said company shall issue certificates in the manner to be provided by their bye-laws; and said company may commence business and enjoy the benefit of this act, when thirty-five per cent. of the capital stock shall have been paid in, and not before. Sec. 3. And be it further enacted , That by a vote of the holders of two-thirds of the whole capital stock, at any meeting regularly called for the purpose, the stock of the said company may from time to time be increased by the creation of new stock of one thousand dollars per share, as said stockholders may find it expedient: Provided , that the whole capital stock shall not exceed two 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 transport merchandize or produce for, or carry as passengers, such compensation therefor, as the 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 liabilities as carriers: Provided , such restraints or limits be embodied in the receipts or bills of lading. Sec. 5. And be it further enacted , That the affairs of said company shall be managed either by a board of directors, or an agent or agents, as the stockholders may determine, the same to be appointed by said stockholders, each share of stock to entitle the holder thereof to one vote for the same; and the said stockholders, or the directors or agents elected by them for that purpose, may appoint all such officers and servants, and regulate the duties and compensation as to them may deem expedient for the interest of the company. Sec. 6. And be it further enacted , That said company shall be authorized to insure against loss or damage by fire, or by any and all risks whatever, by seas or inland navigation, on such merchandize or produce as may be shipped by their boats or vessels, and also to insure on lives of slaves employed by them; and that the privileges hereby granted by the provisions of this act, shall be enjoyed and held for

Page 83

the term of thirty years from the passage of the same, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to incorporate the town of Cross-Plains, in the county of Murray. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Reuben Moss, William J. Undewood, Mark Thornton, Frederick Cox, and William A. Crawford, be, and they are hereby appointed commissioners of Cross Plains, in the county of Murray. Sec. 2. And 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 visitors: Provided , the same shall not be repugnant to the laws and constitution of this State, and to execute and carry into effect such rules and regulations; and they have full power to appoint such officers as may be necessary for the purpose of carrying into effect the provisions of this act. Sec. 3. And 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 town of Cross Plains, which election shall be superintended by one Justice of the Peace and a freeholder, or by two freeholders of the county of Murray, and all persons shall be entitled to vote at said election who may have lived within the corporate limits of said town, for one month immediately preceding such 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 Cross Plains in said county; and said corporate limits to commence at the corner of lots of

Page 84

land, 219, 222, 237 and 238, in the twelfth district of the third section of said county, and extent four hundred yards each way, and said commissioners shall have power to issue an execution for all penalties or fines by them assessed or imposed, and the same shall be collected by a Bailiff of the district, or by an officer elected by said corporation for that purpose, in the same manner as fi fas from a Justice's 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. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to amend an act entitled, an act to appoint Commissioners for the better regulation and government of the village of Ruckersville, in the county of Elbert, assented to, December 9th, 1822. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it hereby enacted by the authority of the same , That from and after the passage of this act, the commissioners of the said village of Ruckersville, in office under the provisions of the above recited act shall have power to levy and collect a tax upon the persons and property of persons residing within the corporate limits of said village, for the purpose of improving the streets and walks of said village, or for other purposes conducive to the health and convenience of the people of said village: Provided , the said tax shall not exceed the sum of thirty-one and a quarter cents on the hundred dollars worth of the real estate and stock in trade in said village, nor above the sum of twenty-five cents for each slave resident in the same, and the sum of one dollar for each white male resident therein, above the age of twenty one years. Sec. 2. And be it further enacted by the authority aforesaid , That the said commissioners as aforesaid, shall be known and distinguished in laws as a body corporate, and under the name and style of the Commissioners of the Village of Ruckersville, shall be able and liable in law, to contract and be contracted with, to sue and be sued, and to

Page 85

plead and be impleaded in any of the courts of law and equity in this State. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to December 21st, 1839. AN ACT to amend an act passed 14th December, 1837, to incorporate the town of Troupville, in Lowndes 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 whenever there may occur a vacancy in the board of Commissioners of the town of Troupville, by death, resignation or otherwise, the commissioners then in office, or a majority of them, shall have full power to fill such vacancy by appointment; any law, usage or custom to the contrary, notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to incorporate a Volunteer Mounted Company in the county of Bulloch, and to authorize the Governor to furnish them with a stand of arms. Section 1. Be it enacted 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 Volunteer Mounted Company, in the county of Bulloch, and hereby Incorporated yested with power to form and

Page 86

pass rules and bye-laws for the governing of said company. Provided , they are not repugnant to the laws of this State. Sec. 2. And be it further enacted , That the Governor is hereby authorized to furnish the Volunteer Mounted Company, in the county of Bulloch, with a stand of arms agreeable to their number; Provided , they shall give a satisfactory bond and security for the same, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to alter and amend the sixth section of an act passed 20th December, 1834, to name and incorporate the public site in Murray county, and appoint commissioners for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, the said sixth section of the above recited act be, and is hereby amended to read and become a law as follows: That said Commissioners shall have the entire control of the persons and hands within one half mile of the public square of said town, so far as it regards road duty, and may apportion and assign said hands to work on all the streets in town, and roads one mile out from town, in such manner as they may think proper, agreeably to the road laws in force in this Stateany law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 21st December, 1839.

Page 87

AN ACT to incorporate the Chestatee Manufacturing Company. Whereas it comports with good policy, and is obviously the duty of wise government, by appropriate legislation, to foster the enterprise and develope the resources of its people, as well as to afford every lawful and necessary facility to the manufacture of all such articles of consumption as the wants of its citizens may require; And whereas, Matthew J. Stephenson, of the county of Lumpkin, and others, with a view to the manufacture of iron, brass, copper and wood articles, of various kinds, are desirous of an act of incorporaiion Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Matthew J. Stephenson, Alonzo B. Dayton and William Stephenson, and such others as from time to time they may associate with them, be, and they are hereby incorporated under the name and style of the Chestatee Manufacturing Company, and by such corporate name they shall be capable in law of suing and being sued, pleading and being impleaded, and shall be permitted to acquire and dispose of any property, both real and personal, and to do all other acts which are incident to corporation; Provided , said company shall be bound for their contracts, as in cases of copartnerships. Sec. 2. And be it further enacted by the authority aforesaid , That the capital of said company shall not exceed sixty thousand dollars at any one time, and provided always, that the entire individual property both real and personal, of the members of said corporation, be, and the same is hereby declared liable and bound for the payment of the debts for the said company, as well as the property of the same. Sec. 3. And be it further enacted , That the said corporation shall exist for twenty years. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839.

Page 88

AN ACT to incorporate the Brunswick Guards, and for other purposes therein named. Section 1. Be it enacted by the Senate and House of Representatives, in General Assembly met, and be it enacted by the authority of the same , That whereas the citizens of Brunswick, to the number of sixty or more, have associated themselves together as a volunteer company of riflemen, to be called the Brunswick Guards, and the said company desire to be incorporated: Sec. 2. Be it enacted by the authority aforesaid , That from and after the passage of this act, that the said company shall be a body corporate, under the name and style aforesaid, and the members of said company are hereby authorized and empowered to form such rules and regulations, and pass such bye-laws for further government of the same, as they may think proper; Provided said rules, regulations and bye-laws be not repugnant to the Laws and Constitution of this State, or the United States. Sec. 3. And be it further enacted by the authority aforesaid , That his Excellency the Governor be authorized to commission the several officers, according to their respective grades, and according to the returns of an election held by said company, in the city of Brunswick, on the 26th day of October, 1839, and returns thereof made to the Executive office, for a Captain, first and second Lieutenant, to command said company. Sec. 4. And be it further enacted , That his Excellency the Governor be authorized to furnish the said company with a sufficient number of rifles to arm each member thereof, upon the captain or commanding officer of said company giving bonds, with sufficient security, to his Excellency the Governor, or his successors in office, to return the same in good order whenever they may be called for. Sec. 5. And be it further enacted , That nothing herein contained shall prevent any future Legislature from repealing the whole or any part of this act. Sec. 6. And be it further enacted , That all laws or parts of laws, militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 89

AN ACT to amend an act to incorporate a Banking Company in the city of Augusta, approved 21st Dec. 1830. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall be lawful for the Directors of the Mechanics' Bank to declare semi-annual dividends on the capital stock of said Mechanics' Bank, on the first Mondays of April and October in each year, in lieu of the times now fixed by the charter, any law, usage or custom to the contrary, notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to amend an act entitled an act to incorporate the Augusta and Waynesboro' Railroad, assented to 31st December, 1838. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That any five of the Commissioners, or their successors, appointed by the first section of the aforesaid act, shall, and they are hereby declared to be competent to form a quorum and to perform any or all of the duties and services required and authorized by the said act. Sec. 2. And be it further enacted by the authority aforesaid , That so soon as the sum of three hundred thousand dollars shall have been subscribed, the aforesaid Commissioners shall be authorized to appoint a suitable place for the meeting of the stockholders of said company, in terms of the fifth section of the afore recited act. Sec. 3. And be it further enacted by the authority aforesaid , That the aforesaid Railroad shall be commenced at the point of its conjunction with the Central Road, or any other point that may be determined on by the Commissioners with the Central Railroad, ere years from the passage of this amended act, and that no other Railroad shall be made to run

Page 90

from the city of Augusta, or from the junction of this Railroad with the Central Railroad, and in the same direction, within twenty miles of said road, without the assent of said company. Sec. 4. And be it further enacted , That the 15th section of the aforesaid act be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to incorporate the Methodist Episcopal Meeting House, known as Burke's Meeting House in Greene county, and to appoint Trustees for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That William Cone, James Carlton, Senr., Crosby S. Skidmore, Miles G. Brown and George Crutchfield shall be, and they are hereby declared to be a body politic and corporate, by the name and style of the Trustees of the Methodist Episcopal Meeting-House, known as Burke's Meeting-House, in Greene 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 may now possess, by gift, grant or otherwise, and with all privileges and immunities 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 said church; and the said Trustees, and their successors in office, in the name and by the style aforesaid, shall be, and they are hereby declared to be capable of suing and being sued, and of using all necessary and legal steps of recovering and defending any property whatever, which said Trustees may bold or claim. Sec. 2. And be it further enacted by the authority aforesaid , That the said Trustees, or a majority of them, shall have

Page 91

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 Laws and Constitution 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 said board by death, resignation or otherwise, in such manner as they may ordain and establish, in and by the bye-laws of said corporation. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to extend the corporate limits of the town of Marietta, in Cobb 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 corporate limits of the said town of Marietta shall extend to the line, to wit: Beginning at the North-East corner of lot number eleven hundred and fifty-nine; thence South East to the North East corner of lot number twelve hundred and seventeen; thence South to the North East corner of lot number twelve hundred and thirty-two; thence South West to the South East corner of lot number twelve hundred and thirty-one, thence West to the South East corner of lot number twelve hundred and thirty; thence North West to the South West corner of lot number twelve hundred and nineteen; thence North to the South West corner of lot number eleven hundred fifty eight; thence North East to the North West corner of lot number eleven hundred and fifty-nine; thence East to the place of beginning, within and over which limits, the corporate authorities of said town shall and may

Page 92

exercise all the power and authority now vested in them by law. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to incorporate the Georgia Silk Manufacturing 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 Jonathan Meigs, John M. Dow, Joseph K. Kilburn, Jesse Clarke, Cesain Blome, Jesse Walton, John Ambler, William H. Gordon, Thomas Chaffin, Leon P. Dugas, and such others as may hereafter be associated with them, their successors and assigns, shall be, and they are hereby created a body politic and corporate, by the name and style of The Georgia Silk Manufacturing Company, to be located in the county of Richmond, for the purpose of raising mulberry trees, growing and manufacturing silk, manufacturing machinery for reeling and spinning silk, and for carrying on the different branches of business necessarily conneeted with the operation above mentioned; and by the name and style aforesaid, shall sue and be sued in any Court of Law or Equity, and may have, purchase, receive, hold, possess, sell and dispose of property of all kinds, absolutely necessary for the purposes aforesaid; and may have and use a common seal, and make such bye-laws in relation to the number, election, and organization of a Board of Directors, the officers of said corporation, the transfer of stock therein, and the business of said Company, as to them may seem necessary, not inconsistent with the Constitution and Laws of this State, or the United States. Sec. 2. And be it further enacted by the authority aforesaid , That the capital stock of said company shall consist of not more than five hundred thousand dollars, to be divided into such shares, and disposed of in such manner as may be determined by the Board of Directors: and shall be transferable only on the books of said company. Sec. 3. And be it further enacted by the authority aforesaid , That said corporation shall exist and continue for and during

Page 93

the term of thirty years from the passage of this act, and no longershall have power to establish branches of its business in other counties of the State, and the individual members of said company shall be bound for their contracts, in proportion to their stock in said company. Sec. 4. And be it further enacted by the authority aforesaid , That John Ambler, John M. Dow, and Jesse Walton, shall manage the affairs of said corporation until directors shall be elected, at such time and in such manner as may be prescribed by the bye-laws of said company. Sec. 5. And be it further enacted by the authority aforesaid , That in all elections for directors of said company, each share of stock shall be entitled to one vote. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to incorporate the town of Corinth, in the county of Heard, 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 Henry West, Thomas Wood, Samuel Lattimore, John Thompson and Joseph Ector be, and they are hereby appointed Commissioners of the town of Corinth, in the county of Heard, with power and authority to make such bye-laws for the government and good order of said town, as may be necessary; Provided , such bye-laws are not repugnant to the Constitution of this State, or of the United States. Sec. 2. And be it further enacted by the authority aforesaid , That the said town of Corinth be, and the same is hereby incorporated, and that the limits of said incorporation extend from the centre of said town, to the distance of three hundred yards in every direction. Sec. 3. And be it further enacted by the authority aforesaid , That the said Commissioners, and their successors in office, so appointed by this act, be a body politic for the purposes set forth in this act, and that they have power to fill all such vacancies as may occur in their said body, between the

Page 94

periods of their appointments and the regular terms of the elections for Commissioners, as pointed out in this act. Sec. 4. And be it further enacted by the authority aforesaid , That the Commissioners herein named and appointed, hold their offices until the first Saturday, February, 1841, when an election shall be held in said town, and at such place as may be said Commissioners be pointed out, and regulated by such laws as they may think advisable, and be from year to year, as long as said corporation may be in existence. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 10th, 1839. AN ACT to make the site of the public buildings, and seat of Justice for the county of Lee permanent in the town of Starville, 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 site of the public buildings and seat of Justice for said county, shall be permanent in the town of Starksville, in said county. Sec. 2. And be it further enacted , That the free white persons resident in the town of Starksville, 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 , That the male inhabitants of said town over the age of twenty-one years, may meet in said town on the first Saturday in January next, and on the first Saturday in every January 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 bye-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. Sec. 5. And be it further enacted , That all laws and parts

Page 95

of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to alter and change the preamble of an act to incorporate the Cedar Shoals Manufacturing Company in the county of Newton, also the first section of said act. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the following shall be the preamble to an act to incorporate the Cedar Shoal Manufacturing company, in the county of Newton, to wit: Whereas it is represented that Noah Phillips and John Persall of the county of Newton, are the owners and possessed of lots ninety-eight and ninety-nine in the tenth district of originally Henry, now Newton county, together with saw and grist-mills, and machinery, and are engaged in manufacturing cotton and wool, and propose to enlarge their manufacturing operations. Sec. 2. Be it further enacted by the authority aforesaid , That from and after the passage of this act, the following shall be the first section of an act to incorporate the Cedar Shoals Manufacturing company in the county of Newton, to wit: That Noah Philips and John Persall, and such other persons as hereafter may be concerned with them, or subscribe and become stockhoders in said company, and their successors, heirs and assigns, be, and they are hereby created a body politic and corporate, by the name and style of the Cedar Shoals Manufacturing Company, of the county of Newton, and that as such may be capable of suing and being sued, may plead and be impleaded, contract and be contracted with, and use all lawful means, necessary and lawful for defending and securing all property which does now or may hereafter belong to said company; and may establish and use a common seal, and the same to break, to alter or change at pleasure, and to ordain, establish and put in execution as soon as convenient after the passage of this act,

Page 96

such a constitution or code of bye-laws, rules and regulations, as shall be necessary and proper for the interest and government of such corporation: Provided , they be not repugnant to the constitution and laws of this State. Sec. 3. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to incorporate the volunteer Upson Light Blues, in the county of Upson. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid , That from and immediately after the passage of this act, the volunteer company in the county of Upson, under the command of Captain Philip Cunningham, are hereby incorporated under the name and style of the Volunteer Upson Light Blues of the county of Upson, the members thereof are hereby authorized and empowered to form such rules and regulations, and pass such bye-laws for their government as they may think proper, which rules, and regulations and bye-laws when formed and passed, shall be binding on said company to all intents and purposes, and in the same manner as if they were particularly mentioned in this act: Provided , such rules, regulations and bye-laws shall not be repugnant to the laws of this State, or of the United States. Sec. 2. And be it further enacted , That all acts and parts of acts militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839.

Page 97

AN ACT to incorporate the Bellville and Altamaha Canal, Railway and River Navigation Company. Whereas Charlton Hines, B. Hopkins, George W. Walthour, Samuel Spencer, Thomas Q. Cassels, Charles Oneal, Armand Lefils, C. H. Hopkins, by their petition to this Assembly, have represented that the construction of a Railroad or Canal, to connect the Harbor and Port of Bellville with the Altamaha river, and thence with the great mercantile and agricultural interest of the interior and west of Georgia, will be of great utility to the community at large, and to the State generally; that it will advance the great and valid claims of the State of Georgia upon the General Government for a Naval Depot at some point upon the Sapelo river, and that the said petitioners have entered into an agreement for establishing a company for opening, constructing and keeping in repair such communication, if the undertaking should receive the sanction of the Legislature, by incorporating said company with vested power, right and privilege, for carrying into full effect, and for the arrangement of the same: 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 above mentioned petitioners, their associates and successors, be, and they are hereby incorporated a body politic, by the name and style of the Blleville and Altamaha Canal, Railway and River Navigation Company. Sec. 2. And be it further enacted by the authority aforesaid , That it shall and may be lawful for the said company to create a stock to the amount of two hundred thousand dollars, to be increased, if necessary, not to exceed one-third of the present capital, for the purpose of carrying on said Canal, Railway, c., each and every part, into full effect; that is to say, they are hereby authorized to cause books of subscription to be opened, so soon after the passage of this act as may be convenient, and at such places and in such manner as they may deem most conducive to the attainment of the requisite amount of stock, first giving thirty days notice of the time and place for the opening said books, in the public gazettes. Sec. 3. And be it further enacted , That the stock of the said company shall consist of two thousand shares of one hundred dollars each; but the number of shares may be increased hereafter, should it be found necessary to complete the objects of the company aforesaid, not to exceed onethird of their present capital; and that upon subscribing, the sum of five dollars shall be paid upon each share.

Page 98

Sec. 4. And be it further enacted , That the said company, by the name and style aforesaid, shall be capable in law as a body politic, and as such may sue and be sued, answer and be answered unto, defend and be defended, in all Courts of the State of Georgia, or any place whatsoever, having competent jurisdiction over any matter or transaction, touching the business, affairs or well being of said company, and that the said stockholders may elect seven members thereof annually, who shall constitute and form a body under the name and style of President and Directors of the Bellville and Altamaha Canal, Railway and River Navigation Company, and shall be competent to make all necessary bye-laws, rules and regulations they may deem most conducive to good order, faith, and harmonious government of said company; Provided , such bye-laws, rules and regulations be not repugnant to the Constitution and Laws of this State, or of the United States; and also to make all contracts, or to cause the same to be done in behalf of said company, which shall be binding upon the same; and to appoint and elect artists, agents, and employ all necessary officers belonging, c., c. Sec. 5. And be it further enacted , That when the said company shall have completed the aforesaid communications, within four years from the passage of this act, or as much sooner as possible, to accomplish the work in a permanent and workman-like manner, they and their associates and successors, shall be entitled and empowered to demand and receive, by way of toll, on all goods, wares, merchandise or productions of the country, carried on or through such canal or railway, such sums of money as they may think proper to impose, in their regulations of toll, not exceeding, at any twelve months together, twenty-five per cent. per annum upon the whole amount of money they shall have actually expended in making and keeping in repair the said canal or railway, or bothto ascertain which the Board aforesaid shall cause an accurate set of books to be kept, showing amount of stock paid in, and also of all expenditures for the canal or railway, c., including repairs and income of tolls, which books shall always be liable to the inspection of a committee appointed by the Legislature, to the end that said company shall not abuse the remunerating privileges of this act. Sec. 6. And be it further enacted , That it shall be lawful for the Board of Directors aforesaid, or their authorised agents, to stop or prosecute and recover upon any goods, merchandise, wares or productions of the country, steam or other boats, ripels, crafts, rafts or vehicles of every description, from passing on or through said canal or railway, until payment of such rates of toll as may be demanded as aforesaid; and in case said company should hereafter accumulate

Page 99

a surplus fund from the revenue and benefits of their institution, they may apply it in such public manner as may seem most important to a majority thereof, under the chartered powers and remunerating privileges herein vested, in the promotion of the commercial, or mercantile prosperity of such town or towns, city or cities, c., as may grow up at both or one of the termini of the aforesaid canal or railroad; Provided , that nothing in this section shall confer upon said company any banking privileges whatsoever. Sec. 7. And be it further enacted , That the said company shall have power to select and purchase, or receive as donation, for themselves and successors, such strip or strips of land from the Altamaha, Sapelo river, or their branches, as may be necessary for their canal or railway, and in case of disagreement in regard to any part of the necessary land which may be required for the object aforesaid, it shall be lawful for the company to appoint three disinterested freeholders, and the owner or owners of such land shall also appoint three disinterested persons, all of whom shall be sanctioned by the honorable Inferior Court of the county where such dispute may arise, who, together, shall form a committee of valuation, and shall proceed upon the premises, and award the amount of damages which said company shall pay to such owner or owners, in fee simple right to the said land forever. In case the committee aforesaid cannot agree upon the award, they shall choose an umpire to be attached to said committee. Sec. 8. And be it further enacted , That no canal or railway shall be permitted hereafter to be cut or constructed between the Altamaha and Sapelo rivers, or their branches, within twenty miles of the route the aforesaid company may select. Sec. 9. And be it further enacted , That if the said company shall build good and substantial and safe bridges across their canal or railway, whenever it may cross a public road, and the convenience of the public requires it, and that the said canal or road, with its appurtenances, shall be exempt from all the taxes, duties and impositions whatever, unless it be such tax, and no more, as is imposed on any other stock in this State. Sec. 10. And be it further enacted , That no member of said company shall be eligible as a director, unless he shall hold at least ten shares of the stock in his own right, or as administrator, executor or guardian; the board at all times to be competent to call a public meeting of the stockholders when necessary, who shall be competent to regulate the mode of voting for directors, by a special ordinance, or by law, of whom the directors shall elect one of said number to the office of President, with such remuneration as may be established

Page 100

by the bona fide owners and lawful representatives of at least two-thirds of the capital stock of the institution. Sec. 11. And be it further enacted , That the Board of Directors shall have power to call in such ratio of the subscription for stock on the books of said company, by way of instalments, as from time to time they may deem necessary for the prompt progress and execution of the work, first giving public notice thereof in two or more of the public gazettes of this State, at least sixty days previous to the time required for the payment of such instalment. Sec. 12. And be it further enacted , That any subscriber or stockholder in said company refusing to pay his, her or their instalments, when called on in manner aforesaid, shall forfeit the same for the use of the company, [if] so directed by two-thirds of the stockholders, at their next meeting thereafter, which stock so confiscated, may be offered by the President and Directors for [re] subscription, as if it never had been subscribed for. All calls for instalments shall be general, and officially issued by the President, with the concurrence of the Board. Sec. 13. And be it further enacted , That the shares of stock in the aforesaid company shall be taken, considered and held in law as real estate, and may be sold, transferred, assigned or bequeathed by the proprietors thereof, as such. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to incorporate the Thomaston and Barnesville Railroad Company, with power to construct a Railroad from some point on the Monroe Railroad, at or near Barnesville, in Pike county, to the town of Thomaston, in Upson county, and to punish those who may wilfully injure the same, and to confer all corporate powers necessary to effect said object. Section 1. Be it enacted by the Senate and 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, building and making a railroad communication from the town of Thomaston, in Upson

Page 101

county, to the Monroe Railroad, at some convenient point at or near Barnesville, in the county of Pike, Robert Redding, David Kendall, Thomas F. Bethel, Thomas Flewellen, Thomas Thweatt, Thomas Beall, William Lowe, Miless R. Meadows, Allen M. Walker, Nathaniel F. Walker, William A. Cobb, Edwin C. Turner, and John Castlen, and their associates, successors and assigns, be, and they are hereby made body corporate, by the name and style of the Thomaston and Barnesville Railroad Company, and by said corporate name shall be capable in law to purchase, have, hold, receive and possess, sell and convey real and personal estate, sufficient for the purpose of this incorporation; to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in Courts of Record; to make, have and use a common seal, and the same to alter and destroy at their pleasure; and by and through their Board of Directors, to ordain, establish and put in execution such bye-laws, rules and regulations as shall be necessary and convenient for the government of said corporation; and to do all lawful acts properly incident to and connected with the object of said corporation, and necessary for the transaction of its business; Provided , that said bye-laws, rules and regulations shall not be contrary to the laws and Constitution of this State, or of the United States. Sec. 2. And be it further enacted , That the capital stock of said corporation shall be one hundred and fifty thousand dollars, to be divided into shares of one hundred dollars each, but may be increased one-third, should it be found necessary to complete the said railroad, with all its necessary appendages; and the Board of Directors shall prescribe the mode and conditions of the subscription for such additional stock, should it be necessary. Sec. 3. And be it further enacted , That it shall and may be lawful for the said Robert Redding, David Kendall, Thomas F. Bethel, Thomas Flewellen, Thos. Thweatt, Thos. Beall, William Lowe, Miless R. Medows, Allen M. Walker, Nathaniel F. Walker, Wm. A. Cobb, Edwin C. Turner, and John Castlen, and their associates, successors and assigns, be, and they are hereby authorized and empowered to create the original stock of one hundred and fifty thousand dollars, or so much thereof as may be necessary to establish the aforesaid company, upon the subscription of seventy-five thousand dollars, by causing books of subscription to be opened at such places and in such manner as they may deem condusive to the obtainment of the stock required to establish the said company; afterwards the Board of Directors shall have power to pursue such mode for the obtainment of the other seventy-five thousand dollars of stock, as they may think best; and upon all subscriptions for said stock, the

Page 102

subscriber shall pay five per cent. upon each share at the time of subscribing. Sec. 4. And be it further enacted , That all moneys received for the first instalment of five per cent. upon each share on the subscription of the capital stock aforesaid, shall be deposited for safe keeping in one of the banks in the city of Macon, until the Board of Directors shall be elected, and the said company organized, when the books of subscription, and the monies deposited, shall be turned over to said Board of Directors, and in case said Board should not be elected, and the company organized, in two years from the passage of this act, the five per cent. per share paid in shall be refunded to each subscriber. Sec. 5. And be it further enacted , That for the organization of the said company, so soon as the requisite amount of seventy-five thousand dollars of the capital stock shall have been subscribed, the said Robert Redding, David Kendall, Thomas F. Bethel, Thomas Flewellen, Thomas Thweatt, Thomas Beall, William Lowe, Miless R. Meadows, Allen M. Walker, Nathaniel F. Walker, William A. Cobb, Edwin C. Turner and John Castlen, shall appoint a convenient time and place for the meeting of the stockholders, of which they shall give thirty days notice in the gazettes in Macon, at which time and place they shall proceed to elect seven Directors, one of whom they shall elect as President of the said Board, and he shall be entitled to vote upon all questions before the said Board, and shall hold his office for one year, as shall also the Directors, and it shall be the duty of said Board, previous to the expiration of the year for which they shall have been elected, to call a meeting of the stockholders, annually, on such day as may be fixed upon in their bye-laws, giving due and timely notice thereof, for the purpose of examining the affairs of the said company, and electing Directors for the year ensuing, to be determined by ballot or otherwise, at each regular meeting; and in all cases the stockholders shall be allowed to vote in person, or by proxy, that is to say, any stockholder being absent at any general meeting of the stockholders, may authorize, by power of attorney, any other person to vote for her, him or them. Sec. 6. And be it further enacted , That the number of votes to which each stockholder shall be entitled, shall be according to the number of shares he, she or they shall hold, in the following proportion: for one share, one vote; for two shares, and not exceeding five, two votes; and for every five shares above five, one vote; in case of death, resignation or removal from the board, of the President or any of the Directors, the remaining Directors shall have power to fill such vacancy until the regular annual meeting of the

Page 103

stockholders, who shall at such meeting fix upon and determine, by ballot or otherwise, the amount of salary, from time to time, of the President and Directors, and all other regular standing officers of the corporation. Not less than four directors shall constitute a Board for the transaction of business, of whom the President shall be one, except in case of necessary absence, in which case his place may be supplied by any Director, to be elected President pro. tem., by a majority of the board present. Sec. 7. And be it further enacted , That the Board of Directors shall have power to call in such further and other instalments on the capital stock subscribed, as it shall deem proper, and the failure of any stockholder to pay any instalments 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 two months. Sec. 8. And be it further enacted , That the Board of Directors shall have power to issue to the stockholders their certificates of stock, and no transfer of stock shall be considered as binding upon the company, unless entered in a book or books to be kept for that purpose, by the personal entry of the stockholders, or by his, her or their legal representative, duly authorized for that purpose. Sec. 9. And be it further enacted , That the Board of Directors shall have power to make all contracts in their official capacity, which shall be binding upon said company, and to appoint Engineers, Agents and Secretary, and a Treasurer, and employ as may clerks and laborers, and at such compensation respectively for their services, as they may deem necessary and expedient for the dispatch of the business and work of said corporation. Sec. 10. And be it further enacted , That the said Board of Directors shall have power to select and take or receive as a donation, such strip or strips of land, between the points selected for said road, as may be necessary for the construction, convenience and protection of said railroad; and in case of disagreement between the owner or owners and the said Board of Directors, in regard to the damages or price of any part of such strip or strips of land, it may and shall be lawful for the said Board of Directors to appoint one disinterested freeholder as an appraiser, and for the owner or owners of such strip or strips to appoint another disinterested

Page 104

freeholder, if he, she or they should think proper, and the Justices of the Inferior Court of the county in which such strip or strips of land shall be, shall appoint another disinterested freeholder, but if such owner or owners shall decline to appoint an appraiser on their part, then two appraisers shall be appointed by the said Justices of the Inferior Court, all of whom shall be sworn to do equal justice between the parties, to the best of their judgment and ability; and to make and return to said Court a just and impartial valuation of the damages or value of the said strip or strips of land thus required by the said company; and their award shall be in writing, and signed by at least a majority of said appraisers, which shall be taken and held as a judgment for the amount against the said company, and shall be enforced by an execution from the said Inferior Court, and the said award shall be recorded in said county, in the same manner as deeds, and shall vest their fee simple right to said strip or strips of land in said Railroad Company, so soon as the valuation thereof shall be made as aforesaid, and paid for, or when refused, the money may be tendered, and thereby vest such title in the company; Provided , if either party shall think proper, he, she or they may appeal to the Superior Court of the county having jurisdiction, and have the damages ascertained by the verdict of a special jury, and their decision shall be final. Sec. 11. And be it further enacted , That after the route of such railroad shall have been actually surveyed, it shall not be lawful for any other railroad to be built or constructed in any way or manner, or by any authority running in a parallel direction, nearer than twenty miles of the route so adopted, unless by said company, or its authority: Provided , that such exclusive right shall continue for twentyfive years from the passage of this act, and provided also , that the Legislature shall have the power of crossing or intersecting with said Railroad herein named. Sec. 12. And be it further enacted , That the shares of stock of the Thomaston and Barnesville railroad company shall be taken and considered in law as real estate, and may be sold and transferred upon the books of the corporation by scrip, or assigned and bequeathed by the proprietors thereof, as such. Sec. 13. And be it further enacted , That the said company shall build good and substantial ways of passage across their railroad, wherever it may cross a public road; if any person or persons shall wilfully and maliciously destroy, or in any manner hurt, damage, injure or obstruct, or shall wilfully and maliciously cause or aid, and assist, or council, or advise any other person or persons to destroy, damage, hurt, or injure, or obstruct the said railroad, or

Page 105

any vehicle, edifice, right or privilege granted by this act, and constructed for use under the authority thereof, such person or persons so offending, shall be liable to be indicted, and on conviction thereof, shall be imprisoned at hard labor in the Penitentiary at the discretion of the court, and shall be liable to pay all damages and expenses of rebuilding or repairing the same, one-half of which shall be paid to the informer. Sec. 14. And be it further enacted , That five years only from the passage of this act, shall be allowed said company for the completion of said road. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to incorporate the Memphis branch Railroad and Steamboat Company of Georgia. Whereas it would be desirable that the most practicable Railroad should be constructed from the South eastern sea-board of the Atlantic, due west; and whereas the State of Georgia has opened a Railway across the most formidable obstacles to this enterprize within her territory, and to a point distant some thirty miles from the boundary of Alabama; and whereas the Coosa river may, while the Railroad construction is pending, and after, offer a fair Steamboat navigation: Section 1. Be it enacted by the Senate and 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 completing the thirty miles of Railroad, still within the limits of Georgia, themselves, and of encouraging others to join in the continuation of the same, in its onward course west, and for the purpose of trading by Steamboats on the Coosa river, James Liddle, Andrew Miller, Joseph Waters, John Smith, David Irwin, Robert Ware, William Hardin, Philip Hemphill, James Hemphill, Robert Mitchell, John H. Lumpkin, Daniel R. Mitchell, Ja's. Ware, Edward Ware, James H. Rogers and John Dawson, with all such others as may hereafter become stockholders in the said company, be, and they are hereby incorporated and made a body corporate and politic, by the name and

Page 106

style of the Memphis branch Railroad and Steamboat company of Georgia, subject to the conditions, restrictions and limitations hereinafter specified. Sec. 2. And be it further enacted by the authority aforesaid , That the Memphis branch Railroad and Steamboat company of Georgia, shall have perpetual succession of members, shall be capable in law to purchase, accept, hold, sell and convey real and personal estate; that they may have a common seal, may sue and be sued, plead and be impleaded in any court of law or equity, and may at meetings of the stockholders, or by a board of Directors make all such rules and regulations, or bye-laws as are necessary and proper for the good of the corporation, and of effecting the objects for which it is created: Provided , such bye-laws, rules and regulations, be not repugnant to the constitution of this State, and of the United States. Sec. 3. And be it further enacted by the authority aforesaid , That it shall and may be lawful for the said company to create a stock of $500,000, or such less sum as the company may deem necessary, to be increased if proper, one-third, for the purpose of carrying out all the objects hereinafter described, to wit: a Railroad from such point of the Atlantic and Western Railroad as may be nearest the town of Rome, situated at the head of the Coosa river, to the Alabama line, passing along the valley of the Coosa river, to locate and construct and put into operation said road, and to prepare the Coosa river by canals, dams, locks, jetts and all other works that may be required for steam navigation, and to furnish the same with a supply of boats; and they are authorized and empowered to cause books of subscription to be opened in such places and in such manner as they may deem most conducive to effect the obtainment of the stock required for the purposes aforesaid. Sec. 4. And be it further enacted by the authority aforesaid , That the capital stock of said company shall consist of ten thousand shares of fifty dollars each, but the number of shares may be increased one-third; and upon the subscription for shares in said stock, the subscribers shall pay the sum of five dollars upon each share subscribed for by such subscriber: Provided , that said company may commence the construction of their railroad and boating, so soon as three thousand shall be subscribed. Sec. 5. And be it further enacted by the authority aforesaid , That the said company shall be allowed the term of eight years from the passage of this act, to complete said railroad to the navigable waters of the Coosa, with the improvements of that river for steam navigation, and an additional term of years for the completion of the railroad to the Alabama line; and said company shall be entitled and authorized

Page 107

to demand and collect freights and tolls on all goods, wares and merchandize, or productions of the country transported over said road and upon said river, and also for passengers on the same, as the board of Directors of said company may find is necessary to adopt from time to time in their regulations of tolls: Provided , that during any twelve months together, the nett amount shall not exceed twenty per cent. per annum upon the amount of capital actually paid in, or the amount actually expended in making, constructing and keeping in good repair, said railroad and steamboat communication. Sec. 6. And be it further enacted by the authority aforesaid , That the board of directors of the aforesaid company shall have power to select and take, or receive as donation, such strip or strips of land between the points selected for said road, and of such width as they may deem necessary for the construction of said road, and in all cases in which disagreement may arise between individuals or incorporations and the board of directors of the aforesaid company, as to the right of way, or damages to property on such strip or strips of land, it may and shall be lawful for the company to appoint a competent and disinterested freeholder, and the owner or owners of such land shall also appoint one competent and disinterested freeholder, both of whom shall be sworn by some judicial officer, to do equal justice between the parties; and they shall then proceed upon the premises as a committee of arbitration and appraisment, as they shall make in writing their award of valuation of damages, to be approved and signed by them, which amount the said company shall pay unto the owner or owners of such strip or strips of land, and the fee-simple right thereof shall vest in the company forever; and the award shall be recorded in the office of the clerk of the Supreme court in the county, in the same manner as deeds. In case the owner or owners of such strip or strips of land shall refuse on their part to appoint a referee, then and in that event, the Inferior court, or a majority of the court of the county in which such strip or strips of land may lie, shall appoint a referee; and in case the committee aforesaid, in either way appointed, cannot agree upon the value of right of way, and the amount of damages, they shall choose a third man, who shall be sworn as aforesaid, and be added to said committee; and in case either party be not satisfied with the decision of the arbitrators, they may appeal to a special Jury in the county where the land may lie, which appeal shall be tried before the Supreme court of the county at its first term after the appeal is made, and the decision of this special Jury shall vest in the railroad company aforesaid the fee-simple of the strip or strips of land in question, and the other party a

Page 108

judgment for the value thereof, thus ascertained and determined. Sec. 7. And be it further enacted by the authority aforesaid , That the said company shall not obstruct any public road which may be crossed by their railroad; that no other railroad shall be hereafter permitted to be constructed within twenty miles of the route the aforesaid company may select, and that its stock shall not be liable to any tax, duty or imposition whatever, unless such and no more, as is now in Bank of this State. Sec. 8. And be it further enacted by the authority aforesaid , That the affairs of the company shall be under the management of a board of directors. This board shall be elected by the stockholders from their own body. No stockholder of the company shall be eligible as a director unless he holds fifty shares of the stock either in his own name, or as administrator, executor or guardian. In all elections the stockholders shall vote, either in person or by proxy, duly authorized according to their shares; each stockholder being entitled to one vote for each share held by him; no share, however, shall entitle the holder to a vote unless the same has been transferred bona fide on the books of this company at least three months before the election. The directors shall elect a President from their own body, and the President and directors shall receive such compensation for their services as may be allowed by the owners lawful representatives of a majority of shares of the capital stock of the institution, to be determined at the regular annual meeting of the stockholders, and before the annual election of the directors. The board of directors shall be competent at all times to call an extra meeting of the stockholders, when by them deemed necessary, and shall have power to appoint and fix the salaries of their Engineers, of a Secretary and Treasurer, and as many agents and clerks, and laborers, as they deem necessary and expedient for the business of said company. Sec. 9. And be it further enacted by the authority aforesaid , That until a board of Directors shall be organized, the amounts received on subscription for stock, shall be deposited by the persons receiving such, in the Western bank of Georgia, at Rome. The Board shall have power from time to time, to call in such instalments on the subscription as they may deem necessary for the progress and execution of the work, first giving to the stockholders sixty days previous to the time of payment of such instalment, notice in the Georgia Pioneer, published in Cassville, and in one of the public Gazettes of Milledgeville, and in case any stockholder refuses to pay the instalment required, when thus demanded, the board shall have power to

Page 109

declare such shares of stock forfeited to the use and benefit of the company. The party in default shall, however, have the right to appeal to the stockholders at their next regular meeting thereafter, and by consent of the owners and representatives of two-thirds of the capital stock of the institution, the previous instalments which may have been paid upon the shares, offered by the board for re-subscription, as if the same had never been subscribed for. Sec. 10. And be it further enacted by the authority aforesaid , That the persons authorized by this act to raise the capital stock of said company, or their authorized agents, shall issue certificates of stock to the subscribers at the time of subscribing, which may be exchanged for the certificates of the Secretary and Treasurer, after the board of Directors shall be organized, and authority given them for that purpose; and the evidences of debt of said company shall be binding only on the funds of said company when signed by the President and attested by the Secretary and Treasurer. The Directors shall be elected annually, and shall have power to fill vacancies in their own body, and shall report annually on the state of the company and its affairs; but if the day of annual election should pass without any election of directors, the said corporation shall not thereby be dissolved, but it shall be lawful on another day to hold and make such election in such manner as shall be prescribed by the bye-laws. A book of minutes of the proceedings of the stockholders and the Directors shall be kept by the Secretary and Treasurer, which together with all the books of the said company, shall be subject to the inspection of the stockholders at every meeting. Sec. 11. And be it further enacted by the authority aforesaid , That the company aforesaid, shall be deemed a common carrier as respects all goods, wares, merchandize and produce, entrusted to them for transportation, and shall have full power and authority to do and perform all and every corporate acts as are permitted or allowed to other companies incorporated for similar purposes. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 110

AN ACT to incoporate the Methodist Episcopal Camp Ground in the county of Camden, known by the name of the Jefferson Camp Ground. Whereas a portion of the citizens of the county of Camden, have located and made permanent by purchase, a tract of land containing twenty acres, more or less, in the county of Camden, for the use of a 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 or otherwise: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That George W. Thomas, Hugh Brown, William McKendric, John May, David Lang, James King, Sen., 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 Jefferson Methodist Episcopal Camp Ground of Camden county. Sec. 2. And be it further enacted , That the said trustees and their successors in office, shall be vested with all manner of property, real or personal, all moneys due or becoming due, donations, gifts, grants, purchases, privileges and immunities whatsoever, which shall or may belong to the said Jefferson Methodist Episcopal Camp Ground, at the time of the passage of this act, including the tract of land, where the said Jefferson camp ground is situate, containing twenty acres, more or less, having such shape, mark and boundaries as is contained in a deed of conveyance from Ezekiel Brown of the county of Camden, to Hugh Brown of the said county, and by him transferred to the said George W. Thomas, Hugh Brown, William McKendric, John May, David Lang and James King, Sen., by the name and style of the Jefferson camp ground, in Camden 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 their proper use, benefit and behoof of said Jefferson camp ground. And also that the said trustees in office shall, and they are hereby declared to be capable of suing and being sued, impleading and being impleaded, and of using all necessary steps for recovering or defending any property whatever, which said camp ground 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

Page 111

otherwise, that a majority of the trustees in office, shall, and they are hereby required to fill any and every vacancy or vacancies, from time to time. Sec. 4. And be it further enacted , That the said trustees have full power to make all bye-laws and regulations in relation to the property of said camp ground, and for the preserving good order 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, franchises and immunities hereby and herein granted, shall continue for the space of twenty years from the passage of this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT further amendatory of the several acts incorporating the city of Milledgeville, passed in the year 1836 and 1837, so as to define the mode of electing of the Clerk and Marshal of the said Corporation, and the qualifications necessary in the mayor and aldermen. Section 1. Be it enacted by the Senate and House of 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 Clerk and Marshal of the Incorporation of the city of Milledgeville, shall be elected by the popular vote of all persons entitled to vote for Mayor and Aldermen under the act now of force, and at the same time a poll being kept open for such election as if for the election of Mayor, and superintended in the same manner. Sec. 2. And be it further enacted , That in the event of no election being had for either of said officers, the mayor and aldermen, or a quorum thereof, are hereby required to notify by publication in two of the newspapers of Milledgeville, the voters of the failure to make an election, and to fix the day within ten days, when the election shall take place, at their council room.

Page 112

Sec. 3. And be it further enacted , That no person shall be qualified to vote for any of the offices mentioned in this act, unless he shall have resided within the city of Milledgeville six months immediately preceding said election, and shall have paid all legal taxes which may have been required of him by the several ordinances of said city, and which he has had an opportunity to pay. Sec. 4. And be it further enacted , That it shall be the duty of the clerk of said board to attend the election annually, of Mayor and Aldermen, and require of each voter the amount of the tax due from him to said board, and that no person shall be entitled to vote at said election, who shall not have paid all the tax or fines due from him to said Corporation. Sec. 5. And be it further enacted , That the Mayor and Aldermen, by a vote of a majority of a board thereof, may at any time remove the Clerk or Marshal of said corporation for neglect of duty, incapacity, infidelity, or other misfesance or malfesance of said officer, the sufficiency of which is alone to be judged of by said board; and whenever a vacancy happens in either office, a re-election is to be ordered within the period and in the mode prescribed by this act. Sec. 6. And be it further enacted , That all laws or parts of laws militating against this act be, and the same are hereby repealed. CHARLES J. JENKINS, Speaker pro tem. of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 3d, 1839. AN ACT to incorporate the Georgia Manufacturing Company of the county of Clark. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That W. W. Clayton, Executor of A. S. Clayton, Thomas Moore, Thomas Morrow, William A. Carr and John White, be, and they are hereby constituted a body corporate, by the name and style of the Georgia Manufacturing company of the county of Clark, for the purpose of carrying on the Cotton

Page 113

and Woolen facturing, Grist and Saw mills, now erected on the Oconee river in said county. Sec. 2. And be it further enacted by the authority aforesaid , That said corporate body shall be capable and liable in law to sue and be sued, plead and be impleaded, to use a common seal, and the same to alter and change at pleasure, to buy and sell, to have and to hold property, both real and personal, sufficient only for the purpose of the provisions of this act, with power to appoint such officers, and to pass, alter and repeal, at such times as they may think proper, such bye-laws and regulations for the government and interest of such corporation, as they may think most conducive to the welfare of such corporation: Provided , such bye-laws and regulations be not repugnant to the constitution and laws of the State, or of the United States. Sec. 3. And be it further enacted by the authority aforesaid , That each and every member of said corporate body may sell and convey their interest in the property of said corporation, both real and personal, under such regulations and rules as may be adopted by said corporation, and upon the death of any of the members of the same, their interest in said corporate property, shall pass to the legal heirs of said members, and that such legal heirs or purchasers shall have the same powers and privileges as are hereby conveyed to the above named individuals: and said corporation shall exist and exercise the foregoing powers and privileges for the term of thirty years. 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. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 10th, 1839. AN ACT to incorporate the Augusta Sugar Manufacturing 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. K. Kilbirn, William Jones, William Gordon, John Ambler,

Page 114

John W. Dan, and such other persons as are, or hereafter may be associated with them, under regulations to be prescribed by a majority of the Directors for the time being, and their successors and assigns be, and they are hereby constituted a body politic and corporate, to be located in the county of Richmond, with the liberty of establishing branches in different parts of the State, as their interest may require, for the purpose of raising the Beet , and manufacturing Sugar from the same, and for purifying and manufacturing Sugar in its various branches. And by the same name, they and their assigns shall have power as, and continue a body politic and corporate, and be capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, in all courts of Justice, or any other place whatsoever; to make and use a common seal, and the same to alter and renew at pleasure; and they and their successors and assigns in their corporate name shall be capable to acquire, purchase, secure, have, hold and enjoy, and dispose of, and convey any lands, tenements, hereditaments, goods and chattels, or other property of what kind soever, requisite for carrying on the branches of business above-mentioned. Sec. 2. And be it further enacted , That the stock property concerns of said company shall be managed and conducted by such number of Directors, not less than three, being stockholders, as shall be fixed by the bye-laws of said company, one of whom shall be President, who shall hold the office one year, and until the others are elected, and that said Directors shall be elected annually, and at such time and place as may be directed by the bye-laws of said company, and public notice shall be given of the time and place of holding every such election, not less than ten days previous, in one or more newspapers, printed nearest the place where such election shall be held, by such stockholders as may attend for that purpose, either in person or by proxy, and their election shall be by ballot, and each stockholder shall be entitled to one vote for each share of stock he may hold, and the persons having the greatest number of votes shall be elected, and the said Directors as soon as may be after their election, shall proceed to elect by ballot in like manner, one out of their number to be President, and shall at the same time elect a Secretary and Treasurer for the company; and if any vacancy at any time shall happen by death or otherwise, among the Directors or officers, the directors for the time being, or a majority of them, shall fill such vacancies, until the next succeeding election. Sec. 3. And be it further enacted , That three or more of the corporation shall form a Board to manage the concerns as Directors of the company, until an election takes place.

Page 115

Sec. 4. And be it further enacted , That the capital stock of said company may be increased from time to time, so that it does not exceed four hundred and fifty thousand dollars, with the privilege of increasing the capital stock over and above the said amount, thirty thousand dollars, for each branch that may be created, to be divided into such shares, disposed of in that manner, and applied in such way that will in the opinion of the directors most promote the interest of said company. Sec. 5. And be it further enacted , That the stock of said company, shall be deemed personal estate, and shall be transferrable in such manner as may be prescribed by the bye-laws of the company. Sec. 6. And be it further enacted , That a majority of the directors for the time being shall form a board to transact the business of said company, and shall have power to make and prescribe all proper and necessary bye-laws, not repugnant to the laws of this State and the United States, touching the subscription arrears and management of said stock, effects, estate, property and profit of said company, officers, appointments, clerks and servants, salaries and allowances and other concerns of said company. Sec. 7. And be it further enacted , That the directors shall at all times keep or cause to be kept at their office, proper books of account, in which shall be regularly entered all the transactions of the said corporation, which books shall at all times be open to the inspection of the stockholders of said company: Provided , that no transfer of the stock shall be valid or effectual until said transfer shall be registered in the books to be kept by the President and Directors for that purpose. Sec. 8. And be it further enacted , That this act shall be, and continue in force, until the first of January, eighteen hundred and seventy, and no longer. Sec. 9. And be it further enacted by the authority aforesaid , That in the event any debt or debts shall be contracted by said company, the whole of the corporate property, and all the private property of each and every stockholder shall be held and absolutely bound for the payment of said debts. JOSEPH DAY, Speaker of the House of Rpresentatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 116

AN ACT to incorporate the Roswell Manufacturing Company. Whereas the erection of Cotton or Woolen Factories, contribute to the convenience of a neighborhood, and is generally conducive to the general welfare of a State; AND WHEREAS, certain individuals hereinafter named, have erected a Cotton Factory at Roswell, in the county of Cobb, and are desirous of being incorporated under the name of the Roswell Manufacturing 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 Roswell King, Barrington King, Ralph King, John Dunwoody, James S. Bulloch, Henry Atwood, and the heirs of Bayard E. Hand, deceased, with all such persons as are now, or may hereafter become stockholders in said company, be, and they are hereby incorporated and made a body politic, by the name and style of the Roswell Manufacturing company, and by that name shall be, and are hereby made able and capable in law to have, purchase and receive and retain to them and their successors, such lands, rents, tenements and hereditaments, goods and chattels, as may be necessary for the purposes of said Factory, and effects of what kind soever, and the same to sell, grant, demise, alien or dispose of, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in courts of record, or any other place whatsoever, and to make, have and use a common seal, and the same to break, alter and renew at their pleasure, and also by such person or persons as a majority of the stockholders shall appoint for the management of the concerns and business of the said company, to ordain, establish, and put in execution, such bye-laws and regulations as shall seem convenient for the government of the said corporation, and to select and appoint all such officers and servants as may be necessary for the discharge of the business of the said company. Sec. 2. And be it further enacted , That if the said corporation shall at any time hereafter, deem it advisable for the benefit of the stockholders, to erect, construct, and work another or other factories, for the spinning or weaving of cotton or wool, or one or more mills for the sawing of lumber, ginning of Cotton, or grinding and preparing corn, or other grain, that then and in such cases, the said corporation shall hold, and work the same with like privileges as are herein before granted for the erecting, holding and working the said Factory. Sec. 3. And be it further enacted , That the said corporation shall exist and exercise all the privileges hereby conferred

Page 117

for the term of thirty years from the passage of this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to December 11th, 1839. AN ACT to incorporate the Neligh Manufacturing Company, in the county of Cass, and for other purposes therein named. Whereas there is evidence of the existence of Iron ore within this State, both in quality and quantity sufficient to supply, if manufactured into Iron, an amount adequate to its entire consumption; And whereas the citizens of this State, are at this time dependant for a supply on foreign countries, and tributary to them for millions of dollars annually, which ought to be retained, as the manufacturing of Iron within our own State would save this heavy item of cost on articles of necessary consumption: Therefore, to develope the mineral resources of this State, it is her highest interest to grant acts of incorporation to encourage the enterprizing capitalist to embark in the establishing of Iron Manufactories on an extensive scale; individual capital to a considerable extent being already invested in the county of Cass in furtherance of the establishment of a manufactory of Iron, Steel, Nails and other useful articles. Therefore to enable the enterprize to be carried 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 William Neligh, Samuel Clark, Francis McTeer, Jesse C. Farrar, Reuben Cone, Peter J. Francisco, A. R. Moore, and with all such other persons as are now or may hereafter become stockholders in the said company, be and they are hereby incorporated and made a body politic, by the name and style of the Neligh Manufacturing Company, and by that name shall be, and are made hereby capable in law to have, purchase, and retain to them and to their successors, lands, tenements and hereditaments, goods, chattels and effects, and the same again to sell, grant, demise, alien and dispose of, to make a loan or loans of money, and to

Page 118

pledge the corporate property or any portion thereof, by way of mortgage or otherwise, for the repayment of the same in that name, and sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in courts of record, and any other court having jurisdiction; and to make, have and use a common seal, and the same to alter at pleasure; and also by such person or persons as a majority of the stockholders shall appoint in manner hereafter mentioned, for the management and business of said company, to ordain, establish and put in execution such bye-laws and regulations as are necessary for the government of said corporation: Provided , they are not repugnant to the constitution of this State, or of the United States. Sec. 2. And be it further enacted , That the said company shall have the power to raise dams, construct canals, viaducts or reservoirs for the purpose of commanding the full force and power of the water on their own land. Nevertheless, that should said company, in carrying into effect the object contemplated, back water in the channel or stream, where such dams may be made, any person or persons claiming damage for the same, the amount of such damage or injury shall be ascertained: Provided , that the construction of said dam does not cause the water to overflow the banks on any lands not their own. Sec. 3. And be it further enacted , That when any such damage or damages shall be claimed by any person or persons, that such damages shall be ascertained by a Jury of three persons, who shall be sworn appraisers, to be appointed by the Inferior court of said county, and their award shall have the force and effect of a judgment, on which an execution shall issue by the Superior and Inferior courts, with the right of appeal by either party aggrieved at such award, to the next Superior court of said county, to be tried by a special Jury, and the decision shall vest in the company the right of keeping such dam or dams up, not raising them any higher, which said judgment shall be enforced in the ordinary way. Sec. 4. And be it further enacted , That the said company shall be individually bound for their contracts, as in cases of co-partnership. Sec. 5. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839.

Page 119

AN ACT to amend an act entitled an act to incorporate the Habersham Iron works and Manufacturing Company, passed the 25th day of 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, fifteen of the working hands or laborers in the employment of the said company, be, and they are hereby exempted from all public duty as Jurors in any of the courts of said county of Habersham, and from their attendance upon all militia trainings, except in cases of drafts of the militia: Provided , that the agent or some other officer of said company, shall, in the month of January, in each and every year, deliver to the clerk of the Superior and Inferior courts of said county and to the Justices of the Peace, and Captain of the Militia company of the district where said laborers may reside, a list of the names of the individuals so to be exempted, as aforesaid. Sec. 2. And be it further enacted , That all acts militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to incorporate the Georgia Iron Manufacturing Company. Section 1. Be it enacted by the Senate and House of Representatives, now met, and setting in General Assembly, and by the authority of the same , That William Moss, James Averit, Thomas Smith, William Gordon, John Ambler, John M. Dord, and such other persons as now are and hereafter may be associated with them, under regulations to be prescribed by a majority of the Directors for the time being, and their successors and assigns, be, and they are hereby constituted a body politic and corporate, to be located in the county of Dade, for the purpose of manufacturing iron, or other metal, from the ore or raw material, into such articles as will be most to the interest of said company; and by the same name they and their assigns shall have power as, and continue a body politic and corporate,

Page 120

and be capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, in all courts of justice, or any other place whatever; to make and use a common seal, and the same to alter and renew at pleasure; and they, and their successors and assigns, in their corporate name, shall be capable to acquire, purchase, receive, have, hold and enjoy, dispose of and convey any lands, tenements, hereditaments, goods and chattels, or other property of what kind soever requisite for carrying on the branches of business above mentioned. Sec. 2. And be it further enacted , That the stock, property and concern of said company shall be managed and conducted by such number of Directors, not less than three, being stockholders, as shall be fixed by the bye-laws of the said company, one of whom shall be President, who shall hold their office one year, and until others are elected, and that said Directors shall be elected annually, at such place and time as may be directed by the bye-laws of said corporation; and public notice shall be given of the time and place of holding every such election, not less than ten days previous, in one or more newspapers printed nearest the place where such election shall be held, by such stockholders as shall attend for that purpose, either by person or by proxy, and the election shall be by ballot, and each stockholder shall be entitled to one vote for each share of stock he may hold, and the person having the greatest number of votes shall be elected; and the said Directors, as soon as may be after their election, shall provide in like manner to elect by ballot one out of their number to be President, and shall at the same time elect a Secretary and Treasurer for the company; and if any vacancy shall at any time happen, by death or otherwise, among the Directors or officers, the Directors for the time being, or a majority of them, shall fill such vacancies until the next succeeding election. Sec. 3. And be it further enacted , That the three last named persons in the corporation shall manage the affairs of said corporation, as Directors, until others are elected. Sec. 4. And be it further enacted , That the capital stock of said company may be increased, from time to time, so that it does not exceed four hundred thousand dollars, to be divided into shares disposed of and applied as the interest of the company may from time to time require. Sec. 5. And be it further enacted , That the stock of said company shall be deemed personal estate, and shall be transferable in such manner as may be prescribed by the bye-laws of said company. Sec. 6. And be it further enacted , That the majority of the Directors, for the time being, shall form a board to transact the business of said corporation, and shall have power to

Page 121

make and prescribe all proper and necessary bye-laws, not repugnant to the Constitution and laws of the United States, and this Statetouching the subscription, increase and management of said stock, effects, estate, property and profit of the said corporation, officers, appointments, clerks and servants, salaries and allowances, and other concerns of said corporation. Sec. 7. And be it further enacted , That the Directors shall at all times keep, or cause to be kept at their office, proper books of account, in which shall regularly be entered all the transactions of the said corporation, which books shall at all times be open to the inspection of the stockholders of said company; Provided , that no transfer shall be valid and effectual until such transfer shall be registered or entered in the books to be kept by the President and Directors for that purpose. Sec. 8. And be it further enacted by the authority aforesaid , That in the event that any debt or debts shall be contracted by said company, all the corporate property, and all the private property of each and every stockholder, shall be held and absolutely bound for the payment of said debts. Sec. 9. And be it further enacted , That this act shall continue and remain in force forty years, and no longer, any law to the contrary, notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to incorporate the Cass county Iron Manufacturing Company. Section 1. Be it enacted by the Senate and House of Representatives now met, and setting in General Assembly, and by the authority of the same , That James Averit, Charles Knapp, Jesse Clark, William Cox, D. C. Ambler, John M. Dew, John Ambler, and such other persons as now are or hereafter may be associated with them, under regulations to be prescribed by a majority of the Directors for the time being, and their successors and assigns, be, and they are hereby constituted a body politic and corporate, to be located in the county of Cass, for the purpose of manufacturing

Page 122

iron and other metals from the ore or raw material, and to manufacture such articles for market as they may find to their interest; and by the same name they and their assigns shall have power as and continue a body politic and corporate, and be capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, in all courts of justice or any other place whatever; to make and use a common seal, and the same to alter or renew at pleasure; and they and their successors and assigns, in their corporate name, shall be capable to acquire, purchase, receive, have, hold and enjoy and dispose of, any lands, tenements, hereditaments, goods and chattels, or other property, of what kind soever, requisite for carrying on the business above mentioned. Sec. 2. And be it further enacted , That the stock, property and concerns of said company shall be managed and conducted by such number of Directors, not less than three, being stockholders, as shall be fixed by the bye-laws of the said corporation, one of whom shall be president, who shall hold their office one year, and until others are elected; and that said Directors shall be elected annually, and at such time and place as may be directed by the bye-laws of said corporation; and public notice shall be given of the time and place of holding every said election, not less than ten days previous, in one or more newspapers printed nearest the place where such election shall be held, by such stock-holders as may attend for that purpose, either in person or by proxy, and their election shall be by ballot; and each stockholder shall be entitled to one vote for each share of stock he may hold; and the persons having the greatest number of votes shall be elected; and the said Directors, as soon as may be after their election, shall proceed in like manner, to elect by ballot one out of their number to be President, and shall at the same time elect a Secretary and Treasurer for said company; and if any vacancy at any time shall happen, by death or otherwise, among the Directors or officers, the Directors for the time being, or a majority of them, shall fill up such vacancy until the next succeeding election. Sec. 3. And be it further enacted , That the three last named persons in the corporation shall manage the affairs of said corporation, as Directors, according to the regulations herein laid down, until others are elected. Sec. 4. And be it further enacted , That the capital stock of said company may be increased, from time to time, so that it does not exceed four hundred thousand dollars, to be divided into shares disposed of and applied from time to time, as the Directors may think most to the interest of said company.

Page 123

Sec. 5. And be it further enacted , That the stock of said company shall be deemed personal estate, and shall be transferable in such manner as may be prescribed by the bye-laws of said corporation. Sec. 6. And be it further enacted , That a majority of the Directors, for the time being, shall form a board to transact the business of said company, and shall have power to make and prescribe all proper and necessary bye-laws, not repugnant to the laws of this State or United States, tending the subscription, increase and management of said stock, effects, estate, property and profit of the said company, officers, appointments, clerks, servants, salaries and allowances, and other concerns of said corporation. Sec. 7. And be it further enacted , That the Directors shall at all times keep, or cause to be kept at their office, proper books of accounts, in which shall regularly be returned all the transactions of the said corporation, which books shall at all times be open to the inspection of the stockholders of said company; Provided , that no transfer of stock shall be valid or effectual, until such transfer shall be registered in the books to be kept by the President and Directors for that purpose. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor Assented to, December 23d, 1839. AN ACT to incorporate the Ph[UNK]nix Steam Mill Company of Savannah. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Isaiah Davenport, Edmund E. Upham, John Lewis, James B. Sidly, Joseph Cumming, William Patterson, Mason Greenwood, with all such other persons as now are or may hereafter become stockholders in said company, be, and they are hereby incorporated and made a body politic, by the name and style of the Ph[UNK]nix Steam Mill Company, of Savannah, and by that name shall be, and hereby made able and capable in law to have, purchase, receive and retain to them and their successors, lands, tenements and hereditaments, goods, chattels and effects, of what kind soever, necessary for the trausaction and carrying on the business

Page 124

of said company, and the same again to sell, grant, demur, alien and dispose of; to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in any Court of Law or Equity, or any other place, and to do all acts properly incident to and connected with the object of their incorporation; to make and have a common seal, and the same to break, alter or amend at their pleasure; and to select and appoint all such officers, agents and servants as may be necessary for the discharge of the business of said company; and further to ordain, establish and put in execution such bye-laws, rules and regulations as shall be necessary and proper for the government of said corporation; Provided , they be not repugnant to the laws and Constitution of this State, and of the United States. Sec. 2. And be it further enacted by the authority aforesaid , That the said company shall be, and they are hereby authorized to make, construct and have, as a part of their corporate property, a Marine Railway, or Floating Dock, for the examination and repair of ships and other vessels, and to receive such just and reasonable compensation for the use and hire of the same, as they may from time to time fix and determine; and the privileges hereby conferred shall exist for the term of twenty years from the passage of this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to incorporate the Presbyterian Church, at and near Lawrenceville, Gwinnett county, and to appoint Trustees for the same. Section 1. Therefore be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Presbyterian Church, at and near Lawrenceville, Gwinnett county, shall be known by the name of Fairview Church, and that Hamilton Garmony, John Mills, Samuel Alexander, Reuben S. Norton and William Montgomery, and their successors in office, be, and they are hereby declared to be a body politic and corporate, by the name of the Fairview Church.

Page 125

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 such church. Sec. 3. And be it further enacted by the authority aforesaid , That said Trustees shall have full 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 by the authority aforesaid , That said corporation shall have power to make all byelaws, rules and regulations, for their own government of the affairs of said church, as they may think necessary and proper; Provided , such bye-laws, rules and regulations contain nothing repugnant to the laws and Constitution of this State, and the discipline of the Presbyterian Church. Sec. 5. And be it further enacted by the authority aforesaid , That the said Trustees and their successors shall be, and they are hereby declared to be capable of suing 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. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to incorporate the Methodist Episcopal Church, at Fort Gaines, in Early county, and to appoint Trustees for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the Methodist Episcopal Church at Fort Gaines, in Early county, shall be known by the name of the Fort Gaines Methodist Episcopal Church, and that William P. Ford, James P. Holmes, James E. Brown, James Johnson and John Dill,

Page 126

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 Fort Gaines Church, and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorized to make such bye-laws and regulations as may be necessary for the government of said church; Provided , that such bye-laws are not repugnant to the Constitution and laws of this State: 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. 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 church, or which may be hereafter conveyed or transferred to them, or their successors in office, to have and to hold the same for the proper use and benefit of said church. Sec. 3. And be it further enacted by the authority aforesaid , That any vacancy which may happen, by death, resignation or otherwise, of the Trustees of said church, the survivors, or a majority of them, shall fill the same in such manner as shall be pointed out by the bye-laws and regulations of the trustees as aforesaid. Sec. 4. And be it further 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. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to incorporate the town of New Gibralter, in DeKalb county, to appoint Commissioners for the same, and to provide for the election of Commissioners, in succession, and other regulations therein named, and to levy a tax for the improvement of 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

Page 127

from and after the passage of this act, Andrew Jonhson, Isaiah Parker, Silas Pool, William Beuchamp and Drury Lee, and they are hereby appointed Commissioners of the town of New Gibralter, in DeKalb county, and they or a majority of them shall have power to convene at any time after the passage of this act, and appoint a Clerk and such officers as they may deem necessary. 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 laws and bye-laws for the good order, government, regulations and improvement of said town, which they may deem necessary; Provided , such laws, bye-laws, c., shall not be repugnant to the laws or Constitution of this State, or of the United States. 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 town, including all the lots which are now laid off, or which shall be laid off within the year eighteen hundred and forty; Provided , the same shall not extend further than three hundred yards from the house of A. Johnson; and that said Commissioners shall continue in office until the first day of January, eighteen hundred and forty-one, and until their successors shall be elected. Sec. 4. And be it further enacted by the authority aforesaid , That on the first day of January, in the year eighteen hundred and forty-one, and on the first Monday in January in every year thereafter, the citizens of said town entitled to vote for members to the Legislature, to meet and elect Commissioners for said town, which election shall be managed by one of the Commissioners, or a Justice of the Peace, and one freeholder of said town. Sec. 5. And be it further enacted by the authority aforesaid , That if any election should not be held on the day aforesaid, for said Commissioners, that any two freeholders, by giving ten days notice by advertisement in said town, may cause an election to be held on any day therein mentioned, under the management aforesaid. Sec. 6. And be it further enacted by the authority aforesaid , That the said Commissioners have full power to levy a tax on the lots in said town, and all other taxable property belonging to the citizens of said town; Provided , the same shall not exceed fifty per cent. on the general State tax, and that said tax shall be applied to the improvement of said town, as the Commissioners may think best. Sec. 7. And be it further enacted by the authority aforesaid ,

Page 128

That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to amend an act to incorporate the town of Brunswick, and to extend its jurisdictional limits, and for other purposes herein contained, passed December 29th, 1836; and also to enlarge and describe the boundaries of Brunswick, and incorporate the same; to authorize the Mayor and Council to elect and appoint certain officers, c. passed 25th December, 1838. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Mayor of the city of Brunswick shall receive such salary as shall be fixed by the city council of said city, but in no case shall such salary exceed two hundred and fifty dollars per annum. Sec. 2. And be it further enacted by the authority aforesaid , that the valuation of the lots and other taxable property of the city of Brunswick, shall be annually ascertained by sworn appraisers appointed for that purpose, and that the city council shall assess such tax as they are authorized to do under the act to which this is an amendment; but that in no case shall they exceed three-sixteenths of one per cent. on said valuation. Sec. 3. And be it further enacted by the authority aforesaid , That the following oath shall be taken and subscribed by each and every appraiser appointed under the provisions of this act, before he or they proceed to the discharge of their duties, viz: I, A. B. do solemnly swear, (or affirm, as the case may be) that I will faithfully and conscientiously discharge the duties of appraisers of the city lots of the city of Brunswick, and will assess such value thereon, and on each of them, including all improvements thereon, as they may be in my judgment and opinion intrinsically worth. Sec. 4. And be it further enacted , That all laws and parts

Page 129

of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to incorporate the Athens Independent Fire 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 from and after the passage of this act, Woolsey Nichols, Daniel M. Clower, William A. Morrison, Benjamin Poore, Humphrey S. Shelton, Isaiah S. Peterson, John Reynolds, John C. F. Clark, James Lasseter, Thomas Sherwood, James A. Welch, Charles H. Gray, Joseph B. Carleton, Nathaniel W. Tompkins, Alvin Ewing, Charles B. Lyle, David W. Crane, John J. Huggins, James T. Colt, David D. Ticherson, B. I. Parr, R. McLane, Alfred G. Knight, John T. Phinzy, Thomas N. Jeffruers and Benjamin F. Crane, members of said Fire company, and their successors, be, and they are hereby incorporated under the name, style and title of the Athens Independent Fire Company, and shall have power under their corporate name, to sue and be sued, plead and be impleaded, answer and be answered unto, in any and all the courts of this State, and to have, exercise and enjoy all the powers herein granted, not repugnant to the constitution of the United States and of this State. Sec. 2. And be it further enacted by the authority aforesaid , That said Corporation be, and the same is hereby invested with power to purchase with any funds that now are or may hereafter be in its possession, real and personal estate; and also to receive all donations, legacies and bequests which may be made to it, to be held, used and enjoyed for the purposes hereafter mentioned: That is to say, that the rents, issues and profits of all such property, real and personal as said corporation may purchase or be interested in, and the interest of all loans which it shall make, shall be used and applied to the purpose of relieving the distresses

Page 130

of its members, their widows and orphans, and for no other use or purpose whatsover. Sec. 3. And be it further enacted by the authority aforesaid , That the said Fire Company hereby incorporated, shall be under the supervisory control of the commissioners of the town of Athens, and shall on the first Monday in January, annually, report to said commissioners, the state of their funds, their receipts and disbursements, and the general condition of the company. Sec. 4. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act, be, and are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 29th, 1839. AN ACT to incorporate the Manual Labor School, at Cane Spring, Vann's Valley, Floyd county, Georgia. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, Wilson Watley, President, Armstead Richardson, Secretary, Hugh Quinn, Carter W. Sparks, William Wood, Micajah Webb, Wesley Shropshire, Thomas W. Burton, John F. Lloyd, Thomas W. Sparks, Alexander F. Harper, John Edge, William D. Cowdry, Oliver Dean and Humphrey Posey, who compose the present board of trustees of the Hearn Manual Labor School, and their successors in office, shall be, and they are hereby declared to be a body corporate, by the name and style of the Trustees of the Hearn Manual Labour School, and as such, they shall be capable of, and liable in law to sue and to be sued, plead and be impleaded, and shall be authorized to use a common seal, to hold all manner of property, both real and personal, for the purpose of making a permanent endowment of said Institution, to raise funds for the support of the same, and for the erection of buildings, and to hold and claim any and all the real or personal property or subscriptions that they now have or may be in posession of, and to enact such bye-laws for their government,

Page 131

and that of the school as they may deem necessary, and to exercise such other powers, not inconsistent with the laws of this State, or the United States, as the aforesaid board of Trustees may deem necessary for the proper management of said Institution. Sec. 2. And be it further enacted , That the number of said board of Trustees be fifteen, and that eleven of that number be orderly members of the Baptist Churches to which they may belong. Sec. 3. And be it further enacted , That the said Trustees be elected by the contributors to the said School, annually, on the third day of July. Should the third day of July fall on Sunday, then the said election shall take place on the second day of the said month, and that they continue in office until a new election take place, and another board be elected: Provided , that the aforesaid contributors shall at any regular annual meeting, have power to authorize the election of the said board of trustees by such other body as they may designate, in which case such body thus designated, be hereby authorized to elect the said body of trustees in such manner and at such times as they may deem most proper also hereby provided, that the board of trustees be authorized to fill vacancies that may occur in the body, from death, resignation or otherwise, during their time of office. Sec. 4. And be it further enacted , That upon the premises now owned by the said Manual Labor School of the State of Georgia, in Floyd county, or that may hereafter come into their possession, no person shall by himself, servant or agent, keep, have, use or maintain a gaming house, or room of any description, or permit with knowledge, any house or room occupied or owned by him, to be used by any person whatever as a gaming place; nor shall any person upon the premises aforesaid, by himself, servant or agent, keep, employ or allow with his knowledge to be kept or employed on the premises he may occupy, any Farro table, Billiard table, E. O. table, A. B. C. table, or any other table of like character; nor shall any person by himself, servant or agent upon the premises now owned, or that may hereafter be owned by the aforesaid school in Floyd county, to be allowed to sell ardent spirits, wine, cordials, porter, or any other intoxicating drinks whatever, nor permit the same to be done with his or her knowledge or approbation on the premises which he or she may occupy; provided , however, that the trustees of the said School may have power to authorize any individuals to sell ardent spirits, wine, c. upon their premises for medical and sacramental purposes: any person violating the prohibitions contained in this section, shall be liable to be indicted for a misdemeanor before the Superior Court of the county, and on conviction, shall be fined in a

Page 132

sum not less than one thousand dollars for each and every offence. Sec. 5. And be it further enacted , That the trustees of the aforesaid School, in executing titles for which they may sell from time to time, shall have power to insert such conditions as may tend further to defend the premises aforesaid, from the nuisances specified in the foregoing section of this act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to incorporate the Georgia Historical Society. Whereas the members of a Society instituted in the city of Savannah, for the purpose of collecting, preserving and diffusing information relating to the History of the State of Georgia in particular, and of American History generally, have applied for an act of incorporation: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That John Macpherson Berrien, James M. Wayne, M. H. McAllister, I. K. Tefft, William B. Stevens, George W. Hunter, Henry K. Preston, William Thorne Williams, Charles S. Henry, John C. Nicoll, William Law, Robert M. Charlton, Richard D. Arnold, A. A. Smets, John W. Anderson, William B. Bulloch, Joseph G. Binney, William H. Bulloch, Joseph H. Burroughs, John Balfour, William P. Bowen, T. B. Bartow, James Barnard, Morgan Brown, George B. Cumming, Solomon Cohen, Joseph Cumming, D. C. Campbell, James Hamilton Couper, Wm. A. Carruthers, Wm. H. Cuyler, Edward Coffee, Wm. Crabtree, Jr., Archibald Clark, William Duncan, Wm. C. Daniell, Geo. M. Dudley, J. Delamotta, Jr., Joseph S. Fay, Sam'l. H. Fay, Wm. B. Fleming, James F. Griffin, Robert Habersham, William N. Habersham, Joseph C. Habersham, Edward J. Harden, S. L. W. Harris, George Jones, Joseph W. Jackson, P. M. Kollock, George J. Kollock, Ralph King, Thos. Butler King, Wm. McWhir, John B. Mallard, John Millen, Wm. H. Miller, C. McArdell, James S. Morel,

Page 133

M. Myers, John F. O'Neil, Edward Neufville, E. A. Nisbet, A. G. Oemler, A. Porter, Thomas Paine, John F. Posey, Willard Preston, Edward Padelford, Thomas Purse, R. W. Pooler, William Robertson, L. O. Reynolds, J. Bond Read, R. H. Randolph, F. M. Robertson, George Schley, James Smith, William H. Stiles, Benj. E. Stiles, Joseph L. Shaffer, Charles Stephens, Wm. P. White, John E. Ward, George White, and such other persons as now are, and may from time to time become members of said society, be, and they are hereby declared and constituted a body corporate and politic, by the name of the Georgia Historical Society, and by that name shall have perpetual succession, and be capable to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all courts and places whatsoever; to have a common seal, and the same at pleasure to change and alter; to make, establish and ordain such a constitution, and such bye-laws, not repugnant to the Constitution of this State, or of the United States, as shall, from time to time, be necessary and expedient, and to annex to the breach thereof, such penalty by fine, suspension or expulsion, as they may deem fit; and to purchase, take, receive, hold and enjoy, to them and their successors, any goods and chattels, lands tenements, and to sell, lease, or otherwise dispose of the same, or any part thereof, at their will and pleasure; Provided , that the clear annual income of such real and personal estate shall not exceed the sum of five thousand dollars; and provided also, that the funds of the said corporation shall be used and appropriated to the purposes stated in the preamble of this act, and those only. Sec. 2. And be it further enacted by the authority aforesaid , That the said society shall have power to elect and qualify such officers as may by them be deemed necessary; to be chosen at such time, and to hold their offices for such period as the constitution or bye-laws of the said society shall prescribe; and that if the election of said officers, or any of them, shall not be held on any of the days for that purpose appointed, it shall be lawful to make such election on any other day. Sec. 3. And be it further enacted by the authority aforesaid , That it shall be the duty of the Governor of the State to transmit, or cause to be transmitted to the said society, a set of the acts, and also of the Journals of the present and future sessions of the Legislature, and also copies of all other documents, papers, books and pamphlets that shall hereafter be printed under or by virtue of an act of the Legislature, or joint resolution of both branches thereof, unless such act or resolution shall otherwise provide; and that the said society may, by their agent or agents, have access, at all

Page 134

reasonable times, to the several public offices of this State, and of the corporate towns and cities thereof; and may cause such documents to be searched, examined and copied, without paying office fees, as they may judge proper, to promote the objects of the said society. Sec. 4. And be it further enacted , That this act shall be, and is hereby declared to be a public act, and shall be construed benignly and favorably for every beneficial purpose therein intended; and that no misnomer of the said corporation in any deed, will, testament, devise, gift, grant, demise or other instrument of contract or conveyance, shall vitiate or defeat the same; Provided , the corporation shall be sufficiently described to ascertain the intention of the parties. Sec. 5. And be it further enacted , That the Governor be, and he is hereby authorized and requested to confide to the care and keeping of the proper officers of said society, the transcripts of Colonial records lately taken by the Reverend C. W. Howard, in London, until further disposition of the same shall be made by the General Assembly. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate CHARLES J. McDONALD, Governor Assented to, December 19th, 1839. AN ACT to incorporate the Trustees of the Southern Bo tanic Medical College. Whereas the friends of the Botanic (commonly called the Thomsonian) System of Medical Practice in the Southern States, are desirous of establishing a Medical College at the town of Forsyth, Monroe county, in which the doctrines they advocate may be scientifically taught, together with the usual branches taught in other Medical Institutions; And whereas the friends of such a College have already subscribed liberally, in money and property, in aid of said object: Section 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia , That Jesse George, James Dowdle, Jesse Sinclair, Alfred Brooks, Reddick Pierce, Josiah E. Nunnally, Stephen G. Cotton, Joseph

Page 135

Bankston and William H. Fonerden, and their successors in office, be, and they are hereby constituted and appointed a body corporate, under the name and title of the Trustees of the Southern Botanico Medical College, so far as to bold property, both real and personal, keep a common seal, sue and be sued, and to keep a book of record for registering all licenses and diplomas 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 bye-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 said board, the said body corporate, or a majority of them, be, and they are hereby empowered to fill up such vacancies. Sec. 3. And be it further enacted , That the said board shall be, and they are hereby authorized to establish a Medical College at the town of Forsyth, on such principles, and under such rules and regulations, and with such professors and instructors as may be best calculated to perpetuate the same, and promote the improvement of its pupils in the several branches of the healing art. Sec. 4. And be it further enacted , That a majority of the members of said board of Trustees shall constitute a quorum; but a less number may adjourn from day to day, until a sufficient number shall attend to form a quorum. Sec. 5. And be it further enacted , That any three or more of the Trustees above named be, and they are hereby authorized to call a meeting of the board at anytime they may think proper, to be holden at the town of Forsyth, for the purpose of making and establishing such bye-laws as are authorized by this act, or of transacting any other business necessary to be done. Sec. 6. And be it further enacted , That the Trustees, together with the regular professors and teachers of said College, shall constitute a board, which is hereby authorized and empowered to confer the degree of Doctor of Medicine upon such applicants, in such manner, at such times, and under such circumstances, as may, to the said board, seem fit and proper; Provided , that the degree of Doctor of Medicine shall in no case be conferred upon any person who shall not have attended two full courses of lectures in said College, or one full course in said College, and one in some other respectable Botanico Medical College or University, in addition to the usual term of private instruction required by other

Page 136

institutions of a like kind, except in such cases as said degree is conferred as an honorary degree. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate CHARLES J. McDONALD, Governor. Assented to, December 11th, 1839. JUDICIARY. AN ACT to alter the 3rd, 7th and 12th sections of the first article, and the 1st, 2d and 3d sections of the 3d article, and the 15th section of the 4th article of the Constitution of this State. Whereas a part of the 3d section of the 1st article of the Constitution following words, viz: The Senate shall be elected annually; and a part of the 7th section of the 1st article, is in the following words: The Representatives shall be chosen annually; and a part of the 12th section of the 1st article is in the following words: The meeting of the General Assembly shall be annually; And whereas a part of the 3d section of the 3d article is in the following words: There shall be a State's Attorney and Solicitor appointed by the Legislature and commissioned by the Governor, who shall hold their office for the term of three years; and a part of the 15th section of the 4th article is in the following words: The same shall be published at least six months previous to the next ensuing annual election, for members of the General Assembly: And whereas the before recited clauses require amendments Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That so soon as this act shall have passed, agreeably to the requisitions of the Constitution, the following shall be adopted in lieu of the foregoing clauses: In the 3d section of the 1st article, the following, to wit: The Senate shall be elected bi-annually ,

Page 137

after the passage of this act; the first election to take place on the first Monday in the year one thousand eight hundred and forty-three. In lieu of the 7th section of the 1st article, the following: The Representatives shall be elected bi-annually, after the passage of this act, the first election to take place on the first Monday in October, in the year one thousand eight hundred and forty-three; and in lieu of the clause in the 12th section of the 1st article, the following: The meeting of the General Assembly shall be bi-annually, after the passage of this act, on the first Monday in November. And in lieu of the clause in the 3d section of the 3d article, the following, to wit: There shall be a State's Attorney and Solicitor elected by the Legislature, who shall hold their office for the term of four years; and in lieu of the clause in the 15th section of the fourth article, the following: The same shall be published at least six months previous to the next ensuing bi-annual election for members of the General Assembly; the provisions of this act not to go into effect until the year one thousand eight hundred and forty-three. Sec. 2. And be it further enacted by the authority aforesaid , That whenever it shall so happen that the term of office of any of the Judges, State's Attorney or Solicitors, shall expire at any time during the recess of the General Assembly, then and in that case it shall be the duty of his Excellency the Governor to fill such vacancy, by appointment, until the next General Assembly thereafter to be held, when such vacancy shall be filled by election by the Legislature, until the next election of Judges, State's Attorney or Solicitors shall take place. JOSEPH DAY, Speaker of the House Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to amend the eighteenth section of the act passed on the sixteenth of February, 1799, entitled an act to revise and amend the Judiciary system 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, mortgages upon personal

Page 138

property may be foreclosed upon the affidavit of the agent or attorney in fact or at law, of the person or persons holding such mortgage, as to the amount due. Sec. 2. And be it further enacted by the authority aforesaid , That all such mortgage shall be foreclosed, and execution issue, in the county where the mortgagers resided at the time of the execution of the same, if resident of this State. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to amend an act entitled an act to extend the civil jurisdiction of Justices of the Peace for the city of Savannah, and to compel Justices of the Peace and Constables of county districts, in the county of Chatham, to be residents of the districts for which they are elected. Whereas the latter part of the second section of the above recited act is in the words following: Constables shall be appointed, as is already provided for by law, for the county of Chatham, but none shall be eligible to hold said office but residents of their respective districts, and on their removal therefrom, their office is hereby declared vacant, and the same shall be filled by the Magistrate of the districts, as already provided by law: And whereas the above part of said section is very oppressive to the constables residing in the city of Savannah, and in a great measure deprives many good and efficient men from holding said office, for remedy 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 so much of the above section as compels Constables for the city of Savannah to be residents in their respective districts, be, and the same is hereby repealed; and that from and immediately after the passing of this act, a residence within the jurisdictional limits of said city shall be sufficient to entitle any person to hold the office of Constable. Sec. 2. And be it further enacted by the authority of the same ,

Page 139

That all acts and parts of acts militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to amend the Claim Laws now in force 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 upon the levy of any execution hereafter to be made, upon any property, whether real or personal, it shall be lawful for any person or persons desiring to claim the same, to do so by him, her or themselves, his, her or their agent or attorney, in the same manner, and under the same restrictions, as are provided for the issuing of attachment. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to amend and explain the second section of an act passed on the 22d December, 1828, entitled an act to amend an act entitled an act for the better protection of orphans and their estates, so far as relates to suits against executrixes, in their own wrong. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That nothing in the said second section of said act contained, shall

Page 140

be held, or so construed as to abate any suit commenced against any feme sole , as executrix in her own wrong, who may have married after the institution of said suit; but upon the suggestion of said marriage, parties shall be made, and the cause shall proceed as at common law. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to amend an act more effectually to compel Justices of the Peace and Constables to pay over monies received or collected by them, in their official capacity, passed 22d December, 1820. Section 1. Be it enacted by the Senate and 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 Peace shall be so far considered officers of the Superior Court as to be subject to be ruled under similar regulations as are customarily pursued in relation to any other officer of said Court, when they shall refuse or neglect to pay over any moneys which they may have received or collected, in their official capacity; Provided , that in case the rule cannot be served upon the Justice or Justices during the term of the Superior Court at which the rule is granted, that it may be lawful to serve the same during the vacation, and be held and considered returnable to the next term of said Court, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 141

AN ACT to increase the fees of witnesses in the Superior and Inferior Courts, so far as relates to the county of Muscogee, in all civil causes. Section 1. Be it enacted by the Senate and House of 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, every person subp[UNK]n[UNK]d in conformity to the laws now in force, as a witness in all civil causes in the county of Muscogee, in the Superior and Inferior Courts thereof, shall be paid the sum of one dollar and fifty cents for every day that such witness may have attended Court, which shall be taxed in the bill of costs, paid by the parties, and collected in the mode now required by law. Sec. 2. And be it further enacted , That all laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT regulating proceedings in Equity. Section 1. Be it enacted by the Senate and 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 a complaining party seeks, through a Court of Equity, the specific performance of an agreement to convey land, and a Jury shall find in favor of the complaining party, it shall be the duty of the Court to cause the description of the land to be set forth in the judgment of the Court, and signed by the Attorney of the Complainant, which judgment shall be entered on the records of the Court, (if for land,) and shall be recorded in the county where the land lies; which judgment and decree shall pass the title without any act to be done by the defendant, and such judgment or decree having been recorded, shall be as effectual to transfer the property as the deed of the defendant; Provided , that the said judgment or judgments shall not effect any person except the party or parties to said bill, further than the deed of the defendants would have done, if executed in pursuance of said decree; and as decisive of the title as if the

Page 142

complainant had recovered in ejectment, and a writ of possession shall issue as in case of a recovery in ejectment, when the defendant to the bill is in possession. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to explain and amend the Judiciary act of 1799, so far as concerns the granting of appeals in curtain cases. Whereas a contrariety of opinion exists among the Judges of this State, and a different practice prevails in the different Judicial Circuits thereof, touching the granting of appeals under certain circumstances, 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, it shall and may be lawful, whenever there shall be more than one party plaintiff or defendant, and one or more of said parties, plaintiff or defendant, desire to appeal, and the other or others refuse or fail to appeal, it shall and may be lawful for any party, plaintiff or defendant, to enter his appeal, under such rules and regulations as are now provided by law. Sec. 2. And be it further enacted , That upon the appeal, either of the plaintiff or defendant, as aforesaid, the whole record shall be taken up, but in case damages shall or may be awarded upon such appeal, such damages shall only be recovered against the party or parties appealing, and their securities, and not against the party or parties failing or refusing to appeal. Sec. 3. And be it further enacted , That in case any such security or securities shall be compelled to pay off the debt or damages for which judgment may be entered, in any cause, he, she or they shall have recourse only against the party or parties for whom he, she or they became security or securities.

Page 143

Sec. 4. And be it further enacted , That all laws and parts of laws militating against this act, be repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to amend an act entitled an act to establish a tribunal for the trial of Slaves within this State, passed the 16th day of December, 1811, so far as relates to 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 after the passing of this act, all the duties pointed out and directed in the said act, and all the acts amendatory thereto, to be done by the two associated Justices of the Peace to be notified by the Justice issuing a warrant for the apprehension and trial of any slave or slaves, or free persons of color, upon any charge or accusation, shall and may, in said county of Bryan, be done and performed by any two or more freeholders of said county, they being citizens and slave hoiders of said county, upon receiving the like notifications as are now required to be given to said associated Justices from the Justice of the Peace issuing the warrant; Provided , the Justice of the Peace issuing the said warrant shall first administer to the said freeholders the following oath: You, A. B., do solemnly swear that you will, without favor or prejudice to either party, you will a true judgment render between the State of Georgia and the defendant, so help you God. Sec. 2. And be it further enacted , That all laws or parts of laws, militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 144

AN ACT to continue in force the act passed on the seventh of December, 1812, entitled an act to amend and explain the twenty-ninth section of the Judiciary law of this State, and to require non-resident attorneys to pay costs in certain cases commenced by them. Whereas it is held, in some of the Judicial Circuits of this State, that the said act, so far as the same relates to the liability of attorneys for costs, has been repealed by the act passed on the twentieth of December, 1834, entitled an act to define the mode in which cost under the act entitled an act to revise and amend an act for ascertaining the fees of public officers of this State, passed 18th December, 1792, shall be taxed and collected in future, which repeal was not contemplated by the Legislature; therefore Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the said first recited act be, and the same is hereby fully reenacted, and continued in full force. Sec. 2. And be it further enacted , That it shall and may be lawful for the proper officers to demand and receive their full costs from any attorney who resides out of this State, before they shall be bound to perform any service in any cause commenced by said attorney, where the plaintiff shall reside out of this State, or any county thereof. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT declaratory of the force and effect of affidavits made without the limits of this State, relating to Attachments and Garnishments. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That from and after the passage of this act, all affidavits upon which attachments or garnishments may issue, now by law, may be made by the non resident creditor, before the Commissioner of the State of Georgia to take acknowledgment

Page 145

of deeds, or before any Judge or Judicial officers authorized to administer oaths, or before any Notary Public, whose attestations shall be sufficient to authorize such other proceedings as may be had in such cases where the creditor is present, or is acting by his attorney at law or in fact, and is now allowed by law. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to limit the time within which widows may apply for the assignment of Dower. Section 1. Be it enacted by the Senate and 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 cases hereafter where any husband shall die, application for the assignment of Dower shall be made by his widow, within seven years after his death, otherwise her right to Dower shall be absolutely barred. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 21st December, 1839. AN ACT to extend the operation of the act passed on the 16th day of December, 1794, entitled an act for pointing out the method of compelling persons residing in this State to give evidence in causes pending in another. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That all the provisions of the said recited act, be, and the same are

Page 146

hereby extended to the cases of the persons who may refase to appear before the commissioners, and give evidence under commissions issued from any of the counties of this State. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to amend the several acts in relation to attachments and summonses of garnishment. Section 1. Be it enacted by the Senate and 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 cases hereafter when any person after being summoned as garnisher, shall die either before or after answer, the executor or executors, administrator or administrators of each person shall be made party by scire facias in the usual way, and shall be bound to answer as such deceased person would have been bound to do provided that such executor or executors, administrator or administrators, shall not be proceeded against until twelve months after his or her qualification as such, and shall be allowed to plead any matter in such proceedings necessary for the protection of himself or the estate he or she may represent, and after he or she may represent, and after he or she shall be made party, the cause shall proceed as it would have proceeded if the garnishee had not died. Sec. 2. And be it further enacted by the authority aforesaid , That in case of the death or removal from office of any such executor of executrix, administrator or administratrix pending such proceedings, any administrator or administratrix, de bonis non, may in like manner, be made party. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 147

AN ACT to amend an act to revive and continue in force an act for the limitation of actions, and avoiding suits in law, passed the 8th December, 1806, approved December 13th, 1809. Section 1. Be it enacted by the Senate and House of Representatives of the Stae 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 actions founded on bonds, or instruments under seal, shall be commenced and sued within twenty years after the bond or other instrument shall become due, except where persons shall abscond or remove without the limits of this State; and that all actions founded upon notes and other acknowledgments under the hand of the party, shall be commenced within six years from the time such note or acknowledgments shall become due, and not after, except the person or persons shall have removed without the limits of this State, or to parts unknown. Sec. 2. And be it further enacted by the authority aforesaid , That in all cases where any person or persons shall become security on any bond or bonds or other instruments under their hands, the act of limitation shall not operate in any case where the person or persons shall abscond, go to parts unknown, or remove without the limits of this State. Sec. 3. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to give a retaining or tax fee to the attorney and Solicitor General, on writs of scire facias and on informations. Section 1. Be it enacted by the Senate and 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 cases hereafter, where any writ of scire facias shall be issued to enforce a recognizance, (on the criminal side of the Superior court) the Attorney General or Solictor

Page 148

General shall be entitled to a fee of five dollars to be taxed in the bill of costs. Sec. 2. And be it further enacted by the authority aforesaid , That in all cases where an information shall be filed, or a scire facias shall be issued for the purpose of procuring a forfeiture of the charter of any corporation, the Attorney General, Solicitor General, shall be entitled to fee of one hundred dollars, to be taxed in the bill of costs. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to amend an act to authorize the Superior Courts of this State to appoint persons to assign and set off dower, and prescribe the mode of proceeding therein, and to define how dower shall be layed off and assigned. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Superior Courts of this State shall have power and authority upon the written application of any person entitled to dower in any lands and tenements in this State, to appoint five fit and discreet freeholders of the county in which the application is made, and cause to be issued by the clerk of said court, a writ for that purpose, to be devised and framed according to the nature of the case, directing said freeholders, or a majority of them, to enter upon such lands and tenements, and to admeasure, lay off and assign the one-third part of said lands, including the tenements, having regard to the shape and valuation of such lands: Provided , the said land should be without any corporate city, village or public place of business. And all lands within any corporate city, village or public place of business, it shall be the duty of said freeholders, or a majority of them, to admeasure, lay off, and assign one-third part of all the lands, tenements, to which the applicant is entitled, according to quantity or valuation, as they may think proper, just and equitable. The persons so appointed, shall take the following oath: `I do solemnly swear, or affirm, that I will duly and impartially execute the law to the best of my understanding: so help me God. Provided,

Page 149

that the persons so applying, shall give notice of twenty days if they reside within the State, and if they reside without the State, three months notice, in one of the public Gazettes of this State, their intended application for such assignment of dower; and provided also , the application shall not be made until the expiration of three months after the death of the person to whom the said lands and tenements belonged. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. MILITIA. AN ACT to alter and amend the Militia Law, as relates to the county of Richmond, 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 passage of this act, the limits of the tenth Regiment in the county of Richmond shall extend no farther than the incorporated limits of the city of Augusta, and that the military districts without the corporate limits of said city, and within the county of Richmond, shall be known as the seventy-ninth Regiment, and it shall be, and is hereby made the duty of the Brigadier General of the 1st Brigade, 2d Division, to proceed forthwith to the organization of Regiment. Sec. 2. And be it further enacted , That from and after the passage of this act, there shall be four annual parades of the beat companies of the tenth regiment, (independent of regimental and battalion parades,) to take place as follows, viz: the 122d beat or district company, shall parade on the first Tuesday in every December, February, April and October, annually; the 120th beat or district company, shall parade on the Wednesdays following, in each of said months; the 398th district or beat company, shall parade on the Thursdays following, in each of said months, and the 600th beat or district company shall parade on the Fridays following, in each of said months. The said parades shall commence at ten o'clock in the forenoon,

Page 150

or earlier in the morning if the commanding officer of the beat company deems fit, and shall continue from ten o'clock, or earlier, to one o'clock in the afternoon, (regimental and battalion parades excepted, at which parades, the commanding officer shall use his discretion with regard to the time; provided , he shall not dismiss his battalion or regiment without drilling at least three hours,) on each of said days, they shall be superintended by a field officer of the tenth regiment; the field officers to serve in turn according to the commanding field officers muster, and the superintending officer shall be empowered to drill the companies, if in his judgment he shall think it necessary for the instruction of said companies. The orders shall be issued by the commanding officers of companies, the same summons served, and the same penalties incurred as in other cases of default after regimental orders. Sec. 3. Be it further enacted , That regimental courts of enquiry shall be held at such places within the tenth regiment, as the commanding field officer shall designate, in orders, in each December, February, April and October, in each year, to try defaulters at the foregoing parades, to which court of enquiry, returns of defaulters shall be made by the commanding officers of beat or district companies, as returns are now made by law to other regimental courts of enquiry. Such court shall consist of not less than five, nor more than eight of the commissioned officers of the regiment. The same mode of collection of fines shall be observed as is now provided by the military laws for regimental fines. The commanding field officer shall designate in orders, some staff officer to attend the foregoing parades, to note defaulting officers, and make return of them to the regimental courts of enquiry. The penalties collected shall be paid into the regimental fund, out of which shall be defrayed all the expenses of music, now authorized by law for the beat or district parades, the accounts to be presented by the commanding officers of said companies to the regimental courts, and audited by them. Sec. 4. And be it further enacted by the authority aforesaid , That as an inducement to competent persons to take commissions in the said beat or district companies, the commissioned officers of said companies shall be, and they are hereby declared to be exempt, during the time they shall hold their commissions and shall faithfully discharge their duty, from all manner of Jury duty within the county of Richmond, and city of Augusta: provided nevertheless , that no officer as aforesaid, shall continue entitled to such exemption, unless he shall obtain within the month of January, in each and every year, a certificate of his faithful conduct as such, from the commanding officer of the regiment, and

Page 151

have such certificate duly recorded within the same month in each and every year, in the office of the clerk of the Superior court of Richmond county, for recording of which certificate, the said clerk shall be entitled to receive from such officer of beat company, the sum of fifty cents. Any officer aforesaid, who shall serve for, and during the term of five years, and shall regularly obtain and register his certificate as aforesaid, shall thereafter be exempt from all ordinary militia duty in the tenth regiment. Sec. 5. And be it further enacted by the authority aforesaid , That non-commissioned officers in the beat or district companies aforesaid, who shall faithfully perform their duty as such, for one year, and shall obtain a certificate to that effect from the commanding officer of the regiment, shall be thereafter exempt from ordinary militia duty within the tenth regiment, for one year. No non-commissioned officer removing from one beat into another, shall thereby be exonerated from his duty as such in the beat in which he may have been drawn or appointed, nor shall he be relived by joining a volunteer company; provided nevertheless , that the commanding officers of beat companies may accept substitutes for non-commissioned officers, who shall be entitled on the same terms to the same, exemptions, and liable to the same penalties. Sec. 6. And be it further enacted , That when an individual shall voluntarily accept the appointment of a non-commissioned officer, in any of the beat or district companies aforesaid, he or they shall stand bound to perform faithfully the duties of said office for the term of twelve months from the time of his or their appointment, and failing, neglecting or refusing to perform the same, he or they shall be fined in the sum of fifty dollars, to be collected as other militia fines are collected. Sec. 7. And be it further enacted , That for trial of any commissioned, company, or staff officer, within the tenth regiment, the number of members of a court-martial shall not exceed ten, nor be less than seven, to be designated by the brigadier-general of the 1st Brigade, 2d Division, as prescribed by law, from among the officers of the tenth regiment; the pay of each member of the court shall be two dollars per day, to be certified and paid as in other cases of court's martial, under the general militia law of this State. Sec. 8. And be it further enacted by the authority aforesaid , That should the officers of the tenth regiment at any future time deem it expedient, from increase of population or otherwise, to increase the number of companies in said regiment, such companies shall be governed in every respect by the provisions of this act; the commissioned or non-commissioned officers of said companies, shall be entitled to the

Page 152

same exemptions, and liable to the same penalties as the officers in the companies already enumeraied. The first newly created company shall parade on the Saturdays following the parade days of the 600th district company, in every December, February, April and October. The second newly created company, shall parade on the Mondays following, in each of the said months; the third newly created company, shall parade on the Tuesdays following, in each of the said months; and the fourth newly created company, shall parade on the Wednesdays following, in each of the said months, and so on. Sec. 9. And be it further enacted , That His Excellency the Governor, be, and he is hereby authorized to furnish, (from the State Arsenal,) the tenth regiment, with seven hundred stand of muskets and cross-butts: provided , the commanding field officer of said regiment shall give to His Excellency the Governor his bond and security to the amount of the cost of said arms and the equipments, for the safe keeping of the same, and the delivery of the same, in like good order and condition, whenever the service of the State may require them. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT further to amend the Militia laws of the State of Georgia, in relation to the first regiment, and to grant exemption to certain officers and non-commissioned officers of said regiment. Section 1. Be it enacted by the Senate and House of Representatires of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That all military warrants of distress and sale, hereafter to be issued in the first Regiment, shall be directed to the provost marshal of the first regiment, or to any lawful constable of the county of Chatham, resident within the limits of said regiment; and that all such warrants, together with all others already issued and now of full force, shall be placed by the clerk of the regimental court of Inquiry, in the hands of said Provost Marshal or of any constable as

Page 153

aforesaid, who are hereby fully empowered, and whose duty it shall be, to proceed forthwith to collect the same, in manner pointed out by the militia law of 1818; and who shall be subject, both provost marshal and constable, to be ruled at the instance of the clerk or the commanding officer of the regiment, or of any attorney at law, duly authorized by the regimental court of Inquiry, before any Justice of the Peace, or before the Inferior court of the county of Chatham, in like manner, and under the same liabilities as constables or sheriffs are liable upon executions issued by a Justice of the Peace, or by such Inferior court. Sec. 2. And be it further enacted by the authority of the same , That the provost marshal shall be required before he proceeds to collect the warrants as aforesaid, and after any annual election for that officer, before he undertakes the discharge of his duties, to give bond and security for the faithful performance of his duties, in such sum as the said regimental court of Inquiry shall determine, payable to the regimental court of Inquiry, of the first regiment of Georgia militia, which bond shall be recoverable by suit in the name of the regimental court of enquiry, having competent jurisdiction; and beside the costs allowed by law to the constables for their services in relation to such warrants, which costs the provost marshal shall be equally entitled to receive when he performs the service, the court of Inquiry may make him such compensation on his collections, and for attendance on their sessions and duly assembled conventions of officers for regimental purposes, out of the funds of the regiment, as may seem to them to be right. Sec. 3. And be it enacted by the authority of the same , That the Paymaster and Quarter-Master of the first regiment, shall be hereafter liable, and authorized to perform any of the duties of the Adjutant of the first regiment when required in order to perform the same; and that all summonses, notices and returns shall be equally lawful when performed by said officers, as if performed by the Adjutant; and that in consideration of its duties then enforced upon them, and those required by the act of the Legislature of 21st December, 1835, the Adjutant, Paymaster and Quarter-Master of said regiment, shall be hereafter exempt from Jury duty, in like manner as officers of beat companies are exempt, subject always, nevertheless to said duty, on failing to obtain and record their certificates, as beat company officers are required to do, and for failure to perform any duty as required by law, the Adjutant, Paymaster and Quarter-master shall respectively be reported to the regimental court of Inquiry, and shall be subject to a fine, in any sum not exceeding twenty dollars.

Page 154

Sec. 4. And be it further enacted by the authority of the same , That the first Sergeant or acting first Sergeant of each beat company of the first regiment, shall be hereafter relieved from the duty of summoning a squad, and shall execute, by proper notice to the other Sergeant and to the Corporals of his company, all lawful orders from the proper commanding company officer, and it shall be the duty of such other Sergeants and the Corporals each to receive a squad list, and to summons the men of such list, as heretofore required by law of the Sergeants; and for failure to perform any duty as required by law, any sergeant or corporal shall be reported to the regimental court of Inquiry, and shall be subject to a fine in any sum not exceeding twenty dollars. Sec. 5. And be it further enacted by the authority of the same , That non-commissioned officers in the beat companies of the first regiment, who shall faithfully perform their duty as such for two years, and shall obtain a certificate to that effect from the commanding officer of the regiment, shall be thereafter exempt from ordinary militia duty for two years within said regiment: Provided , nevertheless, that nothing herein contained, shall be so construed as to enlarge their term of service as such, beyond the period prescribed by the militia law of 1818, without their consent; and Provided also, that any non-commissioned officer may, in preference, continue to avail himself of the provisions of the act of 21st December, 1835. Sec. 6. And be it further enacted by the authority of the same , That all persons liable to do militia duty under the laws of this State now in force, residing within the extended jurisdictional limits of the city of Savannah, be, and they are hereby made subject and liable to do militia duty as a component part of the first regiment of Georgia militia; and when not members of volunteer companies belonging to said regiment, shall be attached to such beat companies as may be designated by the regimental courts of said regiment, convened according to law, and subject to all duties and penalties prescribed by the militia laws of this State. Sec. 7. And be it further enacted by the authority of the same , That all acts or parts of acts militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839.

Page 155

AN ACT to lay out and create an additional Militia Division, to be known and called the thirteenth Division of Georgia Militia. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid , That from and after the passing of this act, that the counties of Baker, Lee, Thomas, Early, Randolph and Decatur, shall be known and called the thirteenth division of Georgia Militia. Sec. 2. And be it further enacted , That the said military division shall consist of two Brigades, to be known as the first and second brigade, and the counties of Baker, Lee and Thomas to compose the second, and the counties of Early, Randolph and Decatur, to compose the first brigade, G. M. Sec. 3. And be it further enacted , That if any General officer of the said 10th division, who shall by the organization of such new division by reason of residence, the commission of such general officer shall not thereby be vacated, but such general officer shall, on surrender of his commission to the Executive, be entitled to receive from His Excellency the Governor, a new commission of the same grade with that so surrendered, in such new division that the residence of such general officer may correspond with such commission, and thereupon the General Assembly shall by ballot, fill any vacancy which may be occasioned in said 10th division, by reason of such new organization and surrender of commission. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 20th, 1839.

Page 156

AN ACT to repeal an act entitled an act to alter and amend an act more effectually to define the duties of the Adjutant General, Division and Brigade Inspectors, and to regulate their pay, c., passed the twenty-third day of December, eighteen hundred and twenty-two, so far as relates to Division and Brigade Inspectors. Whereas by the provisions of the above recited act, Division and Brigade Inspectors are allowed the sum of four dollars per day, while in actual service: AND WHEREAS the act of the twenty-eighth of December, eighteen hundred and thirty-six, providing for the organization of the office of Adjutant General of Georgia, prescribes that the duties contemplated in the act of the twenty-third of December, eighteen hundred and twenty-two, shall be performed by the said Adjutant General and his assistant, and paid by the State, for the same. Sec. 1. Therefore be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, the above recited act of eighteen hundred and twenty-two, so far as relates to the pay of Division and Brigade Inspectors, be, and the same is hereby repealed. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of acts militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. MILL DAMS AND OBSTRUCTIONS TO THE FREE PASSAGE OF FISH. AN ACT to authorize Richard Morris to build a Mill Dam across the Coosawattee river, on his own land. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met ,

Page 157

and it is hereby enacted by the authority of the same , That Richard Morris be, and he is hereby authorized and permitted to build a Mill Dam across the Coosawattee river, on his own land; Provided , the said Richard Morris shall not so construct such Mill Dam as to prevent the free passage of boats and fish in said river. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to authorize James Morris to erect a Mill Dam across the Conesuega river, on his own land, in the county of Murray. Section 1. Be it enacted by the Senate and 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 Morris be, and he is hereby authorized to erect a Mill Dam across the Conesuega river, in the ninth or tenth district of the third section, originally Cherokee, now Murray county, being on his own land, any law to the contrary notwithstanding; Provided , always, that said dam shall not be so constructed as to intercept the free passage of fish, or obstruct the navigation of said stream, or overflow or injure the lands or fisheries of any other person or persons above said dam. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 20th, 1839.

Page 158

AN ACT to authorize Farish Carter, his heirs and assigns, to erect a Mill Dam across the Coosawattee river, in the county of Murray, upon his own land, upon certain conditions herein 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 from and immediately after the passage of this act, Farish Carter, his heirs and assigns, be, and he and they is and are hereby authorized and empowered to erect a Mill Dam across the Coosawattee river, in the county of Murray, near where the old Federal Road leading from Winn's Ferry to Tennessee, crosses said river; Provided , always, that said Mill Dam shall and does not obstruct the free navigation of said stream. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to authorize Lindsay H. Smith, of the county of Elbert, to build a Mill Dam on his own land, on Broad river, under certain restrictions. Section 1. Be it enacted by the Senate and House of 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 Lindsay H. Smith be, and he is hereby authorized and empowered to erect a Mill Dam on Broad river, on his own land; Provided , said Mill Dam be so constructed as to leave open, at all times, one-third of the river, including the main channel. Sec. 2. And be it further enacted by the authority aforesaid , That if the said Lindsay H. Smith shall, at any time, obstruct or cause to be obtructed more than two-thirds of said river, having especial regard to keep open the one other third of said river, including the main sluice or channel, in failing or refusing to comply with the requisitions of this act, shall be subject and liable to all the pains and penalties of the law now existing providing for the keeping open of the main channel of Broad river, for the free passage of fish. Sec. 3. And be it further enacted by the authority aforesaid ,

Page 159

That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to authorize Thomas R. Huson, his heirs and assigns, to erect a Mill Dam across the Etowah river, on certain conditions 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 from and after the passage of this act, Thomas R. Huson, his heirs and assigns, be, and are hereby authorized and empowered to erect a Mill Dam across the Etowah river, in the fourth district and third section, in the county of Cass, upon his own land. Sec. 2. And be it further enacted by the authority aforesaid , That the said Thomas R. Huson, his heirs and assigns, shall not, in the construction or sustaining of said dam, obstruct the free passage of fish therein. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to keep open Hightower river, for the free passage of fish, so far as respects the county of Cherokee; and to repeal the act of 1838, and to establish the following in lieu thereof. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met ,

Page 160

and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall not be lawful for any person or persons to obstruct Hightower river, by fish traps, dams, or any other obstruction, so as to prevent the free passage of fish, to wit: That all dams in said river and county above mentioned, shall be built or constructed with a slope or slopes, or ten feet of the centre of said current be kept open during the hours of night, by a gate or gates, so as to give free passage to fish therein. Sec. 2. And be it further enacted by the authority aforesaid , That if any person or persons shall build or construct dams contrary to the above named act, an application made on oath, by any person or persons, to the Justice of the Peace in such districts where such obstructions are made, it shall be the duty of said Justice of the Peace to notify three disinterested persons, requiring them forthwith to the place where such obstructions are made, then and there to remove such obstructions, agreeable to this act. Sec. 3. And be it further enacted by the authority aforesaid , That such person or persons removing such obstructions, shall receive ten dollars from the person or persons so obstructing said river; and on refusing to pay the same, the person or persons shall and may make application to a Justice of the Peace, and said Justice shall issue an execution against such person or persons, for the amount above specified, and it shall be collected in the same manner as other executions are. Sec. 4. And be it further enacted by the authority aforesaid , That the Justices of the Peace, and other officers, shall receive the usual fees as are already allowed to them in such cases made and provided. Sec. 5. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 161

AN ACT to prevent the obstruction of the free passage of fish up the several creeks and water courses in the county of Burke. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall not be lawful for any person or persons to prevent the free passage of fish up the water courses in the county of Burke, by the erection of fish traps, or any other devise now used, or which may hereafter be used, for the purpose of impeding or of preventing their passage up said water courses as aforesaid. Sec. 2. Be it further enacted , That any person or persons violating the first section of this act, shall be subject to indictment for a misdemeanor in the Superior Court of said county, and shall, on conviction, be subject, for every such offence, to a fine not exceeding thirty dollars, nor less than ten dollars, at the discretion of the presiding judge. Sec. 3. And be it further enacted , That any person or persons violating the first section of this act, shall, for each and every day, be subjected to indictment and punishment under the second section of this act, as for a separate offence. Sec. 4. Be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to keep open, prevent and remove obstructions from Lott's Creek, in the county of Bulloch. 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, it shall not be lawful for any person or persons to place, build or construct any dam or other obstruction in or across the said Lott's Creek, in the county of Bulloch, so as to prevent the rafting of lumber down the said creek.

Page 162

Sec. 2. And be it further enacted , That in case of such obstruction now existing, or hereafter to be made, it shall be the duty of the Justices of the Peace, or either of them in the district where such obstruction may be, upon complaint made on oath, to summon any person or persons charged with so obstructing the same, by warrant under his hand, to be served in the usual way, requiring such person or persons so charged, to be and appear before him, on a day not exceeding five from the time of such complaint, to answer such charge; and if such justice or justices, upon hearing and investigating the matter, shall be of opinion that such person or persons so charged, are guilty of an offence against the true intent of this act, such justice or justices shall forthwith order such person or persons to remove such obstruction; and in case of refusal or neglect to comply with such order, it shall be the duty of such justice or justices to have the same removed, at the cost or expense of such person or persons so offending, and to issue his execution for the amount of such expense; Provided , the same does not exceed the sum of thirty dollars; and provided , also, that nothing in this act shall be so understood or construed as interfering with the privilege of erecting or building a dam across such water course, further than to require such person or persons so building, and to make and to construct such gates in said dam, as are in use at Deloache's Mills, and as will answer the purposes of this act. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Rpresentatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to prevent obstructions to the free passage of fish in the Chattahoochee river, from steam-boat navigation to the junction of Duke's Creek, in Habersham county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met ,

Page 163

and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall be unlawful for any person or persons to place any obstructions to the free passage of fish in the main channel of the Chattahoochee river, from steam-boat navigation, to the junction of Duke's Creek, in said county of Habersham. Sec. 2. And be it further enacted , That when any person or persons shall hereafter place or cause to be placed any obstructions in the main channel of said river, between steam-boat navigation and the junction of Duke's Creek, in the county of Habersham, calculated to prevent the free passage of fish, the person or persons so offending shall be liable to an indictment before any Court having jurisdiction in such cases, and be subject to pay a fine of not less than ten nor more than twenty-five dollars, at the discretion of the Court, for every day said obstruction shall remain unremoved, after said person or person having received due and legal notice from any citizen in the county where said obstructions are placed; said fine to be collected in the county where the person or persons lived at the time of violating the provisions of this act; one half of said fine to be paid to the person giving information and prosecuting to judgment such violation, and the other half to the county Treasurer, for county purposes. Sec. 3. Be it further enacted by the authority aforesaid , That nothing in this act contained shall be so construed as to effect the right of any citizen of this State, or any other persons whatsoever, acquired under or by virtue of any former act of the Legislature, or the existing laws of the land; Provided , nothing in this act shall be so construed as to effect any person who has a Mill Dam now erected across Chattahoochee river, in Hall county, or in the county of Troup; Provided , that the owners of such Mill Dam in Troup county, shall construct such dam with a sufficient slope to admit the free passage of fish over the same. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839.

Page 164

AN ACT to amend an act to prevent obstructions in the Oconee river, from the Greene and Hancock line, on its eastern bank, to its confluence with the Ocmulgee river, calculated to impede the free passage of fish; to appoint Commissioners, and punish those who may attempt to defeat the same, assented to on the 26th December, 1835, and to prescribe the manner of appointing Commissioners hereafter. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That John R. Scott and William Moran be, and they are hereby appointed Commissioners in and for the county of Baldwin, in the place of Elisha King and Michael Grabill, deceased; and when a vacancy may hereafter occur, by death, removal or otherwise, of either of the Commissioners now, or those heretofore appointed, it shall and may be lawful for the Inferior Court in and for which county such vacancy may occur, upon the fact being made known to them, by either of the then acting Commissioness, or any person, to fill such vacancy, by appointing some fit and proper person. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to prevent persons from obstructing the free passage of Fish up the Altamaha river, by the use of Gill Nets, Scines, over fifty feet in length. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall not be lawful for any person or persons to obstruct the free entrance of fish up the river Altamaha, in the months January, February and March, by the use of Gill Nets and Seines, over fifty feet in length.

Page 165

Sec. 2. And be it further enacted by the authority aforesaid , That any person or persons found guilty of violating the above enactment, shall be fined the sum of fifty dollars, onehalf to go to the informer, and the other half to the county. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor Assented to, December 23d, 1839. AN ACT to compel all persons who have built or may hereafter build any dam or dams across the Etowah river, to build a sufficient slope for the free passage of Fish in the county of Cass. Section 1. Be it enacted by the Senate and House of 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 all persons who have or may hereafter build any dam or dams across the Etowah river, shall be compelled to construct such a slope as will admit of a free passage of fish. Sec. 2. And be it further enacted , That all laws or parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 166

NAMES. AN ACT to repeal the 8th section of an act assented to December 24, 1836, changing the name of Lewis McLeroy of Carroll county, to that of Lewis Trucklins. Whereas the General Assembly is called upon from session to session to change the names of individuals, which is mostly done with their request and consent, but in this instance Lewis McLeroy never requested any person to make this alteration, and believing that such alteration, although made by the General Assembly should not be binding on him, yet to obviate any difficulty, he wishes the said section repealed. Therefore, Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the eighth section of an act assented to December 24th, 1836, changing the name of Lewis McLeroy of Carroll county, to that of Lewis Trucklins, be, and the same is hereby repealed. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to alter and change the names of certain persons therein named, and to legitimatize the same, 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 name of Elizabeth Robinson, be, and the same is hereby changed to that of Eliza Elizabeth Blount; the name of Elizabeth Ann Harrell, shall be, and the same is hereby altered and changed to that of Elizabeth Ann Johnson; the name of Anna Atline Davis, be, and the same is hereby

Page 167

changed to that of Priscilla Atline Graham; the names of Elizabeth Chiles, Aquilla Chiles, Thomas W. Chiles, and Lucinda Chiles of Jasper county, shall be, and the same is hereby changed to that of Elizabeth Phelps, Aquilla Phelps, Thomas W. Phelps and Lucinda Phelps; the name of William James of Richmond county, shall be, and the same is hereby changed to that of William Little; the name of Henry Hines of Stewart county, shall be, and the same is hereby changed to that of Henry Brewer; the names of Henry T. F. Stokes, William A. A. Stokes, and Rebecca E. E. Stokes, of Taliaferro county, be changed to that of Henry T. F. Towns, William A. A. Towns and Rebecca E. E. Towns, the children of Thomas T. Towns of Taliaferro county; and the name of Emily Green of Newton county, be changed to that of Emily Kinney; that the name of James Morrison of Burke county, be changed to that of James Grubbs; and that the names of Harry G. Hunter, Harriet Hunter, Sophrina Hunter and Louisa Hunter, be changed to that of Harry G. Murphy, Harriet Murphy Sophrina Murphy and Louisa Murphy, and as such they shall be called and known in all courts of Law and Equity; and are hereby declared to be fully and completely legitimatized, and entitled to all the rights and legal privileges that they would have been, had they been born in lawful wedlock Sec. 2. And be it further enacted , That the name of William Lindsey of Montgomery county, be changed to that of William Phillips. Sec. 3. And be it further enacted , That the said Eliza Elizabeth Blount, shall be fully capable of taking, inheriting and receiving all manner of property by virtue of the Statute of distributions of this State, so far as relates to the real and personal estate of Stephen W. Blount, her reputed father: Provided , the same shall only be construed to place the said Eliza Elizabeth on equal grounds with, and not to the exclusion of any others, the legitimate heirs of the said Stephen W. Blount. Sec. 4. And be it further enacted , That the said Henry T. F. Towns, William A. A. Towns and Rebecca E. E. Towns, shall be capable of taking, inheriting and receiving all manner of property, both real and personal, of the said Thomas T. Towns of Taliaferro county, their reputed father. Sec. 5. And be it further enacted , That the said James Grubbs shall be capable of taking, receiving and inheriting the property, both real and personal, of James Grubbs of Burke county. Sec. 6. And be it further enacted , That Harry G. Murphy, Harriet Murphy, Sophrina Murphy and Louisa Murphy, shall be capable of taking, receiving and inheriting the estate of Joseph D. Murphy of Habersham county.

Page 168

Sec. 7. And be it further enacted by the authority aforesaid , That so much of the act to change the name of certain persons therein named, and to legitimatize the same, assented to 31st December, 1838, be amended as follows, and a part of which act reads thus: The names of James Walton Whitehead, Martha Amanda Whitehead and Sarah Elizabeth Whitehead of Clark county, be changed to that of 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: So much of the above recited act shall be amended, to read as follows, to wit : The names of James Walton Whitehead, Martha Amanda Whitehead, and Sarah Elizabeth Whitehead, shall be changed to that of James Walton Hendon, Martha Amanda Hendon, and Sarah Elizabeth Hendon, and that Sophia Thompson, wife of Robert Thompson, and Nancy Honge, wife of Darius Honge, being also the reputed illegitimate children of James Hendon, of the county of Clark, be, and they are hereby fully legitimatized as if they had been born in lawful wedlock, and as such shall be known and called in law. Sec. 8. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to repeal so much of the 3d and 4th sections of an act passed 31st December, 1838, legitimatizing and investing Granville B. Beville, formerly Granville B. Mock of Scriven county, with the rights and privileges of heirs of his reputed father. Section 1. Be it enacted by the Senate and 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 4th section of the above recited act, as legitimatizes and constitutes the said Granville B. Beville, formerly known as Granville B. Mock, an heir of his reputed

Page 169

father, and entitles him to an equal share of his estates, be, and the same is hereby repealed. Sec. 2. And be it further enacted by the authority of the same , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 20th December, 1839. AN ACT to legitimatize and change the name of Lewis D. Hall, to that of Lewis D. Yancey. Section 1. Be it enacted by the Senate and House of 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 Lewis D. Hall of Jasper county, be, and the same is hereby altered and changed to that of Lewis D. Yancey. Sec. 2. And be it further enacted , That nothing herein contained shall be so construed as to prevent the said Lewis D. Yancey from receiving or recovering any property to which he was entitled previous to the passage of this act; any law, resolution or decision to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to change the names 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 ,

Page 170

and it is hereby enacted by the authority of the same , That the name of Littleberry Rogers be changed to that of Littleberry Hair, and as such shall be known in law as the son of William W. Hair, of Early county, and be made capable in law to inherit and take by descent from the said William W. Hair, his reputed father, and entitled to all the privileges to which he would have been entitled to, had he been born in lawful wedlock. Sec. 2. And be it further enacted by the authority aforesaid , That the name of Wiatt Wiggs be changed to that of Wiatt Holmes, and be known in law as the son of Henry Holmes, of Twiggs county, and be capable in law to inherit and take by descent, from the said Henry Holmes, his reputed father, and entitled to all the privileges to which he would have been had he been born in lawful wedlock. Sec. 3. And be it further enacted by the authority aforesaid , That the name of Tolley Carroll be changed to Tolley Bailey, of the county of Henry. Sec. 4. And be it further enacted by the authority aforesaid , That the names of James Jefferson Bird and William Jackson Bird, of the county of Bulloch, be changed to James Jefferson Dickson and William Jackson Dickson, and be made the children of William Dickson, of Bulloch county, and be capable in law to inherit and take by descent from the said William Dickson, his reputed father, and entitled to all the privileges to which they would have been had they been born in lawful wedlock. Sec. 5. And be it further enacted by the authority aforesaid , That the name of George Washing Terry, of the county of Wilkinson, be changed to that of George Washington Graves, and be made the adopted son of Richard Graves, of Wilkinson county, and be capable in law to inherit and take by decent from the said Richard Graves, his adopted father, and entitled to all the privileges to which he would have been, were he the natural son of Richard Graves. Sec. 6. And be it further enacted by the authority aforesaid , That the name of Amanda B. Stephens, of Early county, be changed to that of Amanda B. Speight. Sec. 7. And be it further enacted by the authority aforesaid , That the name of John Kitchins, an illegitimate, of Dooly county, shall be altered and changed to that of John Champion, and by that said name be shall hereafter be known in law. Sec. 8. And be it further enacted by the authority aforesaid , That John A. Haden of the county of Franklin, be, and he is hereby declared to be fully and completely legitimatized, and entitled to all the rights and privileges that he would have been, had he been born in lawful wedlock, and be fully and capable of taking, inheriting and receiving all manner

Page 171

of property, by yirtue of the statutes of this State, so far as relates to the real and personal estate of Samuel Haden, of the county of Franklin, his reputed father. Sec. 9. And be it further enacted by the authority aforesaid , That the name of Nathaniel Hollon, of Laurens county, be changed to that of Nathaniel Gay. Sec. 10. And be it further enacted by the authority aforesaid , That the name of Daniel Salter, of Montgomery county, be changed to that of Daniel Philips, and be known as the son of Micajah Philips, of Montgomery county, and be capable in law to inherit and take by descent from the said Micajah Philips, his reputed father, and entitled to all the privileges to which he would have been entitled, had he been born in lawful wedlock. Sec. 11. And be it further enacted by the authority aforesaid , That the name of Thomas Pinkney Jones be changed to that of James A. Paterson, and be known as the son of Joseph Paterson, of Gwinnett county, and be capable in law to inherit and take by descent from the said Joseph Paterson, his reputed father, and entitled to all privileges to which he would have been entitled to, had he been born in lawful wedlock. Sec. 12. Be it further enacted by the authority of the same , That from and after the passage of this act, the name of Jasper Littleton Pearson, Samuel Wesley Pearson, Narcissa Ellen Pearson, Lilly Ann Elizabeth Pearson, and Rebecca Jane Pearson, be, and are hereby change to that of Jasper Littleton Story, Samuel Wesley Story, Narcissa Ellen Story, Lilly Ann Elizabeth Story, and Rebecca Jane Story, and they are hereby declared to be fully and completely legitimatized, and entitled to all the rights and privileges that they would have had, if they had been born in lawful wedlock, and capable of taking, inheriting and receiving all manner of property, by virtue of the statute of distributions of this State, as far as relates to their reputed father, Samuel Story, of the county of Warren. And also to change the name of Griffin Smith, of the county of Irwin, to that of Samuel Gibbs, and to legitimatize him as the lawful heit of William Gibbs, with all the rights and privileges as if said child was born in lawful wedlock. Sec. 13. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 172

AN ACT to change the name of Timothy C. Beasley, of Dade county, Georgia, to Timothy C. Golding, and to legitimatize him and Nancy Posey, of Carroll county, the supposed illegitimate children of Caleb Golding. Section 1. Be it enacted by the Senate and House of 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 name of Timothy C. Beasley, of Dade county, Georgia, be changed to Timothy C. Golding, and that he and Nancy Posey, of Carroll county, Georgia, the reputed illegitimate children of Caleb Golding, of Carroll county, be legitimatized, and made equally his heirs with those of his children who were born in wedlock. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to alter and change the name of Richard Rogers to that of Richard Williams, and to legitimatize him as the son of George Williams, of Houston county. 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 passing of this act, the name of Richard Rogers shall be, and the same is hereby altered and changed to that of Richard Williams, by which name of Richard Williams, and as the son of George Williams, of Houston county, his reputed father, he shall hereafter be known in law, and shall be competent in law and equity to take and inherit from the said George Williams, under the statute of distributions of this State, in the same manner as though he

Page 173

had been born in lawful wedlockany law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 21st December, 1839. PRECINCTS. AN ACT to change the place of holding elections in one of the Election Precincts in the county of Washington. Section 1. Be it enacted by the Senate and House of 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 place of holding elections as one of the election precincts in the county of Washington, designated as the house of Eli Cummins, be changed to that of the usual place of holding Justices Courts in the 9th Com. Dist. Ga. M., known as the Gilmore Old Place. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to establish an Election Precinct in the county of Baker, and two additional precincts in the county of Murray. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met ,

Page 174

and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall and may be lawful to hold elections for Governor, members of Congress, Electors for President and Vice President of the United States, Senators and Representatives to the Legislature, and all county officers, at the mills of Homer M. Powell. Sec. 2. And be it further enacted by the authority of the same , That the elections that may be held at the precint established by this act, shall be conducted in the same way, and governed by the same law that is now in force, regulating elections in said county. Sec. 3. And be it further enacted by the authority aforesaid , That there shall be two additional election precincts established in the county of Murray, one at Red Hill, in the eleventh district, third section, and one at the house of Mr. Widener, where the Railroad crosses the road leading from Cross Plains to Tarver's Ferry, in the thirteenth district of the third section; and that it shall be lawful to vote for county officers, Governor, members of Congress, members of the General Assembly, and electors of President and Vice President of the United States, and be conducted as the law requires, regulating elections in said county. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and they are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to alter the place or places of holding the precinct elections in the county of Telfair. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, it shall be lawful to hold the elections for Governors, Members to Congress, members to the State Legislature, and county officers, at the place of holding Justice's courts in the several precincts in the county of Telfair.

Page 175

Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to remove an Election Precinct in Carroll county, Georgia. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted , That in all elections held after the passage of this act, it shall be lawful for precinct elections to be held at the place of holding magistrate's courts, on lot number 153, in the 8th district of Carroll county, instead of being held at the house of John Robinson, as now required. Sec. 2. Be it further enacted by the authority of the same , That all laws or parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to change the place of holding elections from the house of Jeremiah Cox, to the house of James Roberts. Section 1. Be it enacted by the Senate and House of 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

Page 176

States, and county officers, both civil and military, heretofore held at the election precinct, at the house of Jeremiah Cox, shall be in future held at the house of James Roberts, in said district. Sec. 7. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to amend an act to compensate the Superintendant of precinct elections in the county of Troup and Harris and Richmond, and to change the place of holding the precinct election west of the Chattahooche, from Goss's store to the west bank of the Chattahoochee river, at the town of Vernon, 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 first section of the above recited act, be, and the same is hereby repealed; and in lieu thereof, it is hereby provided, that those persons who are required by law to superintend the several precinct elections in the county of Troup and Harris, and who do actually superintend said elections, shall receive from the funds belonging to said countyand every election which may be hereafter held at said precincts, (elections for officers of the district in which said precincts are situated, only excepted,) and the magistrate making the return to the Court House of said elections, shall receive two dollars in addition to the above sum for so doing. Sec. 2. And be it further enacted , That three of the superintendents and clerks employed, not exceeding three, at any general election hereafter held in the county of Richmond, at the court house thereof, in the month of January and October, in each year, and at any election for electors of President and Vice President, shall each be entitled to the sum of five dollars, to be paid out of the county funds.

Page 177

Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to change the place of holding the Precinct Election in the two hundred and thirty-fifth district, Oglethorpe 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 house now owned and occupied by George W. O. Kelly, in the two hundred and thirty-fifth district, Oglethorpe county, shall be the place of holding the precinct election, instead of the house of Elbert Hardman, as heretofore, notwithstanding any law or usage to the contrary. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to remove certain Election Precincts in the county of Newton, and to establish an Election Precinct in the county of Butts and an Election Precinct 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 after the passage of this act, the place of holding precinct elections in the five hundred and sixty-seventh district, Georgia Militia, in the county of Newton, shall be

Page 178

fixed at Mayberry's store-house, at Rocky plains, in said district, instead of John Thomaston's, as heretofore established; and the place of holding precinct elections in the five hundred and forty-seventh district, Georgia Militia, in the county of Newton, at Shelly Down's store, in said district, instead of the house of Thomas Stanford. Sec. 2. And be it further enacted , That the election precinct heretofore established at the house of Ethan Brewer, in the four hundred and sixty-fourth district, Georgia Militia, in the county of Newton, be, and the same is hereby established at the store-house of Clark Brewer, at Brewer's cross roads in said district; and the said elections at the places aforesaid to be governed by the laws now in force, regulating election precincts in the county of Newton. Sec. 3. And be it further enacted , That an election precinct be established in the county of Butts, in the 609th district, G. M., at the house of Robert W. Smith; and an election precinct at the house of Hardy K. Pools in the county of Marion; the said precincts in this section mentioned, to be governed by the same rules regulating and governing precinct elections in the said counties of Butts and Marion, respectively. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to change the place of holding the Precinct Election in the county of Dooly, from the house of Joseph Blackburn to the house of John Hodges, in the 732d district, G. M. in said 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 aforesaid , That from and after the passage of this act, the place of holding the precinct election at the house of Joseph Blackburn in said county, be, and the same is hereby changed, and held at the house of John Hodges, in said district. Sec. 2. And be it further enacted by the authority aforesaid , Also at the place of holding Justice's courts, near Mrs. Rebecca Price, in the 436th district, Rabun county.

Page 179

Sec. 3. And be it further enacted , That an election precinct shall be, and the same is hereby established at the house of Blake B. Rutland, in the county of Dooly, in addition to the other election precincts in said county. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to establish an election precinct in the county of Chattooga. Section 1. Be it enacted by the Senate and House of 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 may be lawful to hold elections for Governor, members of Congress, electors of President and Vice President of the United States, Senators and Representatives to the Legislature, and all county officers, at the house of William Greenwood, in the 967th district of Georgia Militia. Sec. 2. And be it further enacted by the authority aforesaid , That the elections that may be held at the precinct established by this act, shall be conducted in the same manner and governed by the same law that is now in force regulating elections in said county. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 180

AN ACT to establish Election Districts in the several counties therein named, 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 from and after the passage of this act, all elections for Governor, members of Congress, members of the Legislature, elections to vote for electors of President and Vice President of the United States, and all officers, shall, and may be held at the following places, in the several counties hereinafter named, viz: In the county of Coweta, at the house of James Bexly, on the Burnt Village road, on lot of land number 223, in the 2nd district of said county. In the county of Dade, at the house of William J. Cole. In the county of Harris, at Valley Plain, at the house of Doctor Bass, nine miles east of Hamilton; also, at the house of William L. Culbreath, near King's Gap, in said county. In the county of Stewart, at the house of Beight Miller; and also at the house of John Langford, where said Langford now resides. In the county of Wilkes, at the house of Sidney R. Crenshaw, or at such other place as the Justices Courts may be held in and for the French Store district, in said county of Wilkes. In the county of Talbot, at the house of John Buckner, in the 17th district of said county. In the county of Macon, at the house of Nathan M. Rogers, and at Hamburg, on the west side of Flint river; also, at Marshalsville, on the east side of said river, in said county of Macon. In the county of Franklin, at the place of holding Justices Courts, for Smith's district, in said county. At the store house of James R. Henry, in the county of DeKalb. In the county of Elbert, at Centreville, at the place of holding Justices Courts, for the 315th district, Georgia Militia. In the county of Hancock, at the store of John and William J. Hitchcock, near Long's Bridge. Also, at the store house of Thomas N. Poullain, the Scull Shoals manufactory in Greene county. Also, an election precinct at the house of Wm. Kinsey, in Gilmer county. In the county of Lee, at the place called Palmyra. In the county of Lumpkin, at the place of holding Justices Courts in the 13th district.

Page 181

That the elections held at the different precincts in the county of Telfair, be held at the places of holding the Justices Courts of said county. In the county of Randolph, at the house of Samuel A. P. Dean's, in the 6th district of said county. And at Reuben Benson's Mills, in the county of Cobb, in the 911th district, Georgia Militia. For the county of Jackson, two other additional precincts, to wit: one at the house of Wood L. Randolph, in the 455th district, Georgia Militia, and one other at the house of widow Venable, or at the place of holding Justices Courts, in the 242nd district, Georgia Militia. Sec. 2. And be it further enacted by the authority aforesaid , That the election districts heretofore established and held at the house of James Hemphill, in the county of Floyd, be changed, and for the future be held at the Cave Spring, in said county; also, that the election district heretofore established and held at the house of Jesse New, be changed to the house of Henry Dalton, the place of holding Justices Courts in said county of Floyd. That the election precinct heretofore established at the house of Edward Townsend, in the county of Cherokee, be removed, and for the future be held at the place of holding Justices Courts in and for the 899th district, G. M. To change an election precinct heretofore established at the house of Isaac B. Davis, in the 77th Comp'y. Dist., of Jefferson county, to that of Sterling G. Jordan, in the 77th Comp'y. Dist. of Jefferson county. And the election precinct at the house of William A. Hamilton, in the county of Gwinnett, to the house of Benjamin S. Smith, the place of holding Justices Courts in said district. That the election precinct in the county of Gwinnett, be changed from the house of Thomas Maguire, to that of Jesse Whitley's, the usual place of holding Justices Courts in Rockbridge district; also, that an election precinct in said county of Gwinnett be changed from the house of John Cain, to the usual place of holding Justices Courts in the 262d district, G. M. Sec. 3. And be it further enacted by the authority aforesaid , That the precinct election usually held at the usual place of holding Courts in and for the 851st district, G. M. in Cobb county, be held for the future at the house of William G. Robinson, in said district. From the house of Grandison Barber, to the house of Burris Brewer, in Camden county. To change the precinct election in the county of Harris, from the house of Mrs. Phillips to the house of Mr. Padgett, at Ellerslie P. O.

Page 182

The election precinct now established at English's Mills, be changed, and hereafter be established at Dublin, in the 6th district of Fayette county. Sec. 4. And be it further enacted , That the election precinct heretofore established at William Buck's, in the 99th district of Washington county, be changed to the house of William Clay. That the election precint heretofore established at the house of Thomas Newman, be changed to the house of Torrence Conner, in Richmond county, on the road leading from the city of Augusta to Louisville. Sec. 5. And be it further enacted by the authority aforesaid , That the election precinct heretofore established at the house of James Knight, in the eleventh district of Monroe county, be hereafter established and held at the house of J. G. W. Johnson, in the 7th district of said county; also, the election heretofore held at the town of Cullodensville, shall be hereafter held at the house of Berry Cooly, in said county. That the election precinct heretofore established at the house of A. Y. Adamson's, on lot 185, in the county of Henry, be changed to the house of Isaiah Hollingsworth, in said county; also, that the election precinct established at the house of Middleton Nole, be changed to the house of James A. Beck's, the place of holding Justices Courts in said District. That the election precinct established at the house of Thomas Patterson, in the county of Walton, be changed to the house of Job Smith, at or near Whaley's Old Mills, the place of holding Justice's Courts in said district. Sec. 6. And be it further enacted , That the elections that may be held at the several districts established by this act, shall be conducted in the same way, and governed by the same law that is now in force regulating elections in the aforesaid counties, or other counties having election districtsany law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor Assented to, December 21st, 1839.

Page 183

AN ACT to compensate Justices of the Peace who may be Superintendants at the election precincts in and for the county of Muscogee. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall be the duty of one of the Justices of the Peace, at each of the election precincts, in and for the county of Muscogee, who may act as Superintendants, to meet at the Court-House and compare and consolidate the returns according to law, heretofore made and provided in such cases; for which service each Justice of the Peace acting as Superintendants at said precincts, shall be allowed for each return so made, the sum of five dollars, to be paid out of the county funds. Sec. 2. And be it further enacted by the authority aforesaid , That each of the aforesaid Justices shall make out their accounts agreeable to the first section of this act, setting forth the day and date, and cause the same to be laid before the Justices of the Inferior Court of said county. Sec. 3. And be it further enacted by the authority aforesaid , That it shall be lawful for the Justices of the Inferior Court of said county to issue their order, requiring the county Treasurer to pay the same out of any moneys belonging to the county not otherwise appropriated. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 184

PARDONS. AN ACT to pardon Philip Johnson, of the couuty of Hall. Whereas at a Superior Court held in and for the county Hall, at September Term, 1835, Philip Johnson, was, upon circumstantial testimony, convicted of the crime of murder; and in pursuance of said conviction was sentenced to hard labor in the Penitentiary during life, where he is now confined: 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 passing of this act, the said Philip Johnson, 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 crime of which he was convicted, had never been committed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to pardon James Templeton, of the county of Stewart. Whereas at the February term, 1839, of the Superior court of the county of Stewart, the said James Templeton was convicted of the crime of Murder; AND WHEREAS a petition from a large number of citizens, was presented to His Excellency, praying a respite of the sentence of said court, which said respite was granted, that this General Assembly might decide on the application for pardon: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met and it is hereby enacted by the authority of the same , That from and immediately after the passing of this act, the said James Templeton be, and he is hereby declared to be freely

Page 185

and fully, and entirely pardoned, exonerated and discharged from the pains and penalties of his said conviction and sentence, as fully, freely and entirely, as if such conviction and sentence had never taken place, or the offence been committed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 12th, 1839. AN ACT to pardon John R. Bays, of Troup county. Whereas the said John R. Bays was convicted of the crime of Murder, at the last October term of the Superior Court of Troup county; And whereas there are circumstances in his case, which justify the clemency of the Legislature: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the said John R. Bays, be, and he is hereby fully pardoned, exonerated and relieved from the penalty of said conviction. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. PATROL LAW. AN ACT to amend the Patrol Laws of this State. Whereas doubts exist in regard to the legal permits granted Slaves, and free persons of color. Therefore Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met ,

Page 186

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 every owner, overseer, trustee, guardian, or other person or persons having control of any slave or slaves, or free persons of color, in granting or giving written permits to the same, to set forth the time allowed for their absence, and distinctly designate the place or places where such slaves or free persons of color desire to visit. Sec. 2. And be it enacted by the authority aforesaid , That all and laws parts of laws militating against this act, be, and are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. PEDLERS. AN ACT to authorize all free white citizens of this State, of one year's residence or longer, to peddle, and as itinerant traders to vend goods, wares and merchandize in this State, and to repeal the parts of the law heretofore passed regulating the tax imposed on pedlers and itinerant traders so far as respects the amount required to be paid to obtain a 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 from and after the passing of this act, all free white persons, citizens of the State one year or longer, previous to the time of applying for the same, shall be entitled to receive a license to vend goods, wares and merchandize in this State, under the same rules and regulations and in conformity with the provisions of the laws now in force respecting pedlers and itinerant traders: Provided , such person or persons shall, before obtaming said license, take and subscribe an oath that they are citizens of this State, and have resided in the same in pursuance of the provisions of this act, pay to the proper person by said laws prescribed, the sum of fifty dollars, and

Page 187

such fees to the proper officers as by law is prescribed; and shall be thereby authorized to vend goods, wares and merchandize in any part of this State, without further tax or liability therefor. Sec. 2. And be it further enacted , That said persons so applying and obtaining such license, shall be subject to all the penalties prescribed by laws now in force, in relation to trading with slaves, and other interference with the property of the citizens of this State, and shall be subject to the same rules and restrictions as are in force, respecting the showing their license to peddle. Sec. 3. Be it further enacted by the authority of the same , That so much of the laws of this State, as requires the payment of a sum exceeding fifty dollars, to obtain such license, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. PHYSICIANS. AN ACT to revive and keep in force an act entitled an act to regulate the licensing of Physicians to practice in this State, assented to 24th December, 1825, with certain provisions therein named. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the above and before recited act, be, and the same is hereby revived and declared to be in full force and operation. Sec. 2. And be it further enacted , That the following gentlemen shall constitute the board of Physicians of the State of Georgia, to wit: Tomlinson Fort, Benjamin A. White, Joel Branham, C. J. Paine, John G. Slappey, Thomas Lamar, P. F. Eve, F. M. Robinson, W. R. Waring, Richard Sankey, Richard Moore, Richard Banks, Richard McGoldrick, James Wingfield, Dr. Evans of the county of Baker,

Page 188

James Holmes, M. A. Franklin, T. F. Green, E. C. Lawrence, W. H. Rudd. Sec. 3. And be it further enacted , That all laws and parts of laws militating against the same recited act, be, and the same are hereby repealed: Provided , nothing in the said revived act, be so construed as to operate against the Thomsonian or Botanic practice, or any other practitioners of medicine in this State. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. PUBLIC ARMS. AN ACT to authorize his Excellency the Governor to furnish the corps of Republican Blues, at Savannah, with fifty stand of arms. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That his Excellency the Governor be, and he is hereby authorized to furnish, or cause to be furnished to the commanding officer of the Republican Blues, at Savannah, fifty muskets for the use of said company, upon his giving security, as in such cases required. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839.

Page 189

AN ACT to furnish the Wayne county Guards fifty stand of swords and pistols, for the use of the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That his Excellency the Governor cause to be furnished the Captain of the Wayne County Guards with fifty stand of swords and pistols, on his giving bond, with good and sufficient security, for the keeping in good order, and for the redelivery of the same whenever required. Sec. 2. And be it further enacted , That all laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. RAILROADS AND CANALS. AN ACT to amend 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 Railroad of Georgia, assented to on the 29th of December, 1838; and also to make further provision for the completion of said Railroad. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That should the Commissioners of the Western and Atlantic Railroad, deem it advisable to issue and dispose of the Scrips or certificates of state debt, authorized by the above recited act, in payment of contractors engaged, or that may herafter be engaged in the construction of said road, or to defray expenses incident to said work, they shall have full power and authority to make such scrip payable at any period of time, not less than thirty years from the date of such scrip, or time of its sale and delivery: Provided , that not more than three hundred thousand dollars thereof, shall be made payable in any one year; and provided also , that the said scrip or certificates of State debt shall not be disposed of at a rate less than it [Illegible Text]

Page 190

Sec. 2. And be it further enacted by the authority aforesaid , That for the purchase of iron or other material or appurtenance, when the same shall become necessary for the completion of said railroad, agreeably to the provisions of the above recited act, it shall and may be lawful for the commissioners aforesaid to issue and dispose of scrip or certificates of state debt, agreeably to the provisions of the above recited act in payment for such iron or other material or appurtenance. Sec. 3. And be it further enacted by the authority aforesaid , That all coupon warrants attached to such scrip or certificates of State debt as may be or have been issued under the provisions of this and the above recited act, shall, at all times after the same shall have become payable, be received at the Treasury in payment of taxes and other dues from individuals or bodies corporate, to the State of Georgia: Provided , nothing in this act contained, shall be so construed as to authorize the Commissioners to issue any other scrip than that authorized by the act to which this is amendatory, nor for a larger amount than the unexpected balance of the scrip authorized by that act. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor Assented to, December 21st, 1839. AN ACT to authorize Henry Dillon to erect or build a circular railway on the Indian Spring reserve, in the county of Butts. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Henry Dillon, of the county of Butts, be, and he is hereby authorized to construct and build a circular railway on that portion of the Indian spring reserve, belonging to the State of Georgia, in Butts county: Provided , that the construction and building of the same, shall not intercept the free access of all persons whatsoever, who may be visitors at said Spring, from visiting, going to, and from the same. Sec. 2. And be it further enacted , That the property of said

Page 191

railway, when the same shall be constructed, be, and the same shall be vested in fee-simple in the said Henry Dillon and his heirs, for twenty years. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to declare the remedy of a freeholder, through whose land any of the chartered Railroads of this State, shall pass. Whereas several of the acts of incorporating of Railroad or Railroads and Banking Companies, or Railroad and Canal Companies, require that an award in certain cases, where the right of way is disputed, shall be made by appraisers, without declaring whether such award is to be made by a majority or the whole of such appraisers, to the injury of freeholders, 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 in all cases where a majority of appraisers appointed under the authority of any act or acts of incorporation of any railroad, or railroad and canal company, shall agree and return their award in conformity to the rules provided in such act or acts of incorporation, the same shall be deemed and held to be the award of the appraisers, and such other proceedings by appeal or otherwise, shall be had thereon, as are provided for in said act or acts of incorporation, severally. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839.

Page 192

AN ACT to alter and amend an act entitled an act to amend an act entitled an act to incorporate the Central Railroad and Canal Company of Georgia, to alter and change the name of said company, and to give to said company Banking powers and privileges, passed the 14th December, 1835, and to increase the road capital of said company. Whereas the Central Railroad and Banking Company of Georgia, by virtue of the act above referred to, became organized in conformity thereto, in the early part of the year 1836, on a subscription of two millions out of the three millions of stock allowed by said act; And whereas the said company has, from time to time, called in instalments on said two millions of stock, and has appropriated such instalments according to the provisions of their charter; And whereas, in January next, when the said subscription of two millions will be paid up, the Road capital of said company will be one million one hundred and fifty thousand dollars, and the Bank capital will be eight hundred and fifty thousand dollars; And whereas the said company has graded their road a distance of one hundred and thirty miles, and finished a distance of between ninety and one hundred miles, and has expended for the same, and the necessary motive power, a sum exceeding their road capital; And whereas the cost of the road entire to Macon will not be short of two millions and a quarter of dollars: 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 company be, and they are hereby authorized to increase the capital stock of said company, to the amount of one million of dollars, in shares of one hundred dollars, to be applied towards the building of the said Railroad, and not to be diverted from that object. Sec. 2. And be it further enacted , That the twenty-seventh section of said act, passed 14th December, 1835, to which this act is an amendment, be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 20th, 1839.

Page 193

AN ACT to amend an act to grant to Thomas Spalding, and his associates, the right of constructing a Railroad of wood, or digging a Canal from the Ocmulgee to the Flint river, with certain privileges, approved December 22d, 1827, and an act supplementary to, and amendatory thereof, approved Dec. 22d, 1834. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted , That for the purpose of carrying into effect the before recited acts, the said Thomas Spalding and his associates shall have power and authority to re-survey and locate their road from the Ocmulgee to the Flint river, and to change the ground at either of the termini, or at any part of the line of the said road. Sec. 2. And be it further enacted , That the same privileges, rights and immunities which were granted to them in their original survey, shall be extended to that which they may select on a new route and survey to be hereafter made by them; Provided , such route, when surveyed, does not infringe the rights hitherto granted by the Legislature to any other Railroad or Canal company. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to authorize the Commissioners of the Western and Atlantic Railroad to pay to the owners of land sustaining injury by reason of said road, extra damages 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, in all cases where there has been a previous agreement between said Commissioners, or their agents, and the owner or owners of lands through which said road runs, as to the amount of damage done the same, by reason of said road, or where there has been a previous assessment of said damage, according to the provisions of the statute in such case made, and it shall

Page 194

appear that said agreement or assessment was made in reference to and including only the damage to be sustained within certain definite limits, or a specific width, and since the grading of the said road, a greater amount of damages have been sustained than was estimated in said agreement or assessment, by reason of more land being required for the construction of the same than what was embraced in such specific limits or width, or by reason of the throwing out of waste dirt, c., it shall be the duty of said Commissioners to pay to such owner or owners the amount of such extra damage, to be ascertained and estimated in the same way as is now by law directed and pointed out for the estimation and assessment of damages done to lands by the said Railroad; Provided , that in no case of assessment of damage under this act, shall any but the said extra damages be taken into the estimation. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS. President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. RECORDS. AN ACT to establish and admit to record certain instruments which were destroyed with the county records of the county of Heard, by fire, and to make valid the same. Whereas, that during the April term of the Superior court, eighteen hundred and thirty-nine, the clerk's office of the Superior, Inferior and Ordinary courts of the county of Heard, was consumed by fire: AND WHEREAS there is no law that provides for the establishment and admitting to record certain instruments remaining in said offices and destroyed, or the records thereof, together with the records of the same.For remedy whereof: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, it shall and

Page 195

may be lawful for any person or persons whose title, deeds of conveyance of lands, and gifts of personal property, and all other instruments not hereinafter mentioned, which were destroyed in the aforesaid clerk's office, together with the records of the same, who shall produce a paper in writing, purporting to be a copy, or as near a copy of the original instrument in substance, as can be recollected, and so destroyed as aforesaid, with full or circumstantial proof of the substance thereof, and of his, her or their title thereto, and shall lodge the same in the office of the clerk of the Superior or Ordinary court in the county aforesaid, and shall give sixty day's notice in one of the public Gazettes of this State, that such person or persons intends to establish such deed or other instruments, at the next term of the Superior, Inferior or Ordinary court, to be holden in and for the county aforesaid thereafter, and it shall be then lawful in case no sufficient objection shall be made for the said courts to establish any of the aforesaid instruments, by the testimony and papers offered to the said courts; which said instruments, when established as aforesaid, shall be taken, held and considered valid in law, to all intents and purposes, as the said last originals would be, were they in existence: Provided , the same shall be established in manner aforesaid, within seven years from the passage of this act. Sec. 2. And be it further enacted by the authority aforesaid , That all deeds and other instruments not hereinafter mentioned, that have been recorded in the clerk's office of the Superior, Inferior, or Ordinary courts of the county aforesaid, the records of which were destroyed, it shall and may be lawful for any person or persons holding the same to have the said instruments again recorded, together with the certificates of the Clerks who recorded the same, and the clerk recording the same, shall also certify on the back of the deeds or other instruments which such deeds or other instruments having been twice recorded, the second record shall be valid from the dates of the original record; any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 196

AN ACT to continue in force the second section of an act passed on the twenty-fifth December, 1837, entitled an act to admit certain deeds to be recorded, and read in evidence; and also to prescribe the effect of certain other deeds; also to authorize certain bills of sale to be recorded and read in evidence. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby anacted by the authority of the same , That the said section of said act, be, and the same is hereby continued of force without limitation as to the time of recording the deeds therein mentioned, which were not recorded before the passage of said act. Sec. 2. And be it further enacted , That all bills of sale of personal property, heretofore executed, but not recorded may be recorded at any time after the passage of this act, and may be read in evidence without further proof. Sec. 3. And be it further enacted , That from and after the passage of this act, all deeds that have been lost or mislaid, and which have been recorded, but the time when they were recorded not appearing on the record, the same shall be read in evidence, without regard to the said omission. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to revive and continue in force for the term of three years, an act entitled an act to establish and admit to record certain instruments which were destroyed with the county records of the county of Crawford, by fire, and to make valid the same; assented to, December 24th, 1832. Whereas the above and before recited act is about to expire by its own limitation: Section 1. Be it enacted by the Senate and House of 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 twenty-fourth day of December next, the above and before recited act, shall be, and continue in

Page 197

full force and effect, for the term of three years thereafter; any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to provide for the acknowledgment and execution of deeds of conveyance and other instruments of writing in foreign countries, touching property 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 passage of this act, the Consuls and vice-consuls of the United States, duly appointed and recognized, shall be authorized and empowered as they hereby fully are, to receive the acknowledgment in writing of citizens of the United States, or other persons being or residing in the districts of their several consulates, of deeds of conveyance, mortgage, letter of attorney, or other legal instruments whatever, touching or affecting real estate or other property, rights or interests whatever, situated, lying or being in any part of this State, belonging to the said parties in whole or in part, in their own right or as the agents of others; and that the certificates of the said consuls and vice-consuls, under their official seals shall be good and available as evidence of the execution of such deeds of conveyance or other legal instruments, which shall be altogether valid and sufficient for the purpose therein mentioned. Sec. 2. And be it further enacted , That the said consuls and vice-consuls shall be authorized and empowered as they hereby fully are, to witness and take the acknowledgments of any citizen or citizens of the United States or other persons within their consular's districts as aforesaid, of any lawful contract or engagement to be executed or have effect in this State, of whatever nature or kind which they may enter into, or form in the said District. Sec. 3. And be it further enacted , That the consuls and vice-consuls, shall be, and are hereby fully authorized and empowered in like manner to witness any other lawful act

Page 198

in the several districts as aforesaid, on the part or behalf of citizens of the United States or others as aforesaid, which may be interesting or useful to them in reference to concerns to this State, of whatsoever descriptions, and that the certificates of the said consuls and vice-consuls, under their official seals as aforesaid, shall be good and available as evidence of such contracts, engagements and acts, shall be accordingly valid, and sufficient to all intents and purposes in this State. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. RELIEF. AN ACT for the relief of Willis H. Hughes and John W. Bassett, both of the county of Bibb, from further liability as the security of one John Simmons. Whereas said John Simmons was arrested, charged with the offence of assault, with intent to murder, and on the 29th day of January, 1838, the said Hughes and Bassett, became his security on bond or recognizance, for the sum of five hundred dollars, for his appearance at the Superior court of said county then in session: AND WHEREAS said Simmons afterwards fled, and the bond or recognizance at May term, 1839, of Bibb Superior court was forfeited, and execution issued thereon: AND WHEREAS, the said Hughes having paid all cost, and the sum of one hundred dollars of the principal amount: AND WHEREAS the said Wills H. Hughes has incurred considerable expenses, and used every effort in his power to bring said Simmons to justice, but has failed, and the Inferior court of said county having manifested a desire that the said Hughes and Bassett, should be relieved in the premises: Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That

Page 199

from and after the passage of this act, the Inferior court of Bibb county, shall be, and they are hereby authorized to relieve and fully discharge the said Willis H. Hughes, and John W. Bassett from any further forfeiture, any law to the contrary, notwithstanding. Sec. 2. And be it further enacted by the authority of the same , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 21st December, 1839. AN ACT for the relief of Robert Paxton of Camden 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 Jury of Camden county, be, and it is hereby authorized and empowered to investigate the circumstances of the loss of a sum of money amounting to one hundred and seventy-five dollars, by Robert Paxton, late Sheriff of said county, which money had been collected by him, for fines for nonperformance of road duty, and as alleged by him, stolen whilst in the discharge of his official duty; and if upon such investigation a majority of said Grand Jury shall be of opinion that the said Robert Paxton is entitled to relief, then and in said case it shall be the duty of the Inferior court of said county, on such presentment of the Grand Jury, to enter on record a release and discharge of the said Robert Paxton of all liabilities for such sum of money; and the said Robert Paxton shall thereafter be exonerated and discharged from the payment thereof. Sec. 2. And be it further enacted , That all laws and parts of laws militating with this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 200

AN ACT for the relief of John Lee, Tax Collector for the county of Pulaski, for the years eighteen hundred and twenty-nine and eighteen hundred and thirty. Whereas John Lee was the acting tax collector for the county of Pulaski, in the years eighteen hundred and twenty-nine and eighteen hundred and thirty, and in that capacity did collect the State tax, and the county tax, and in conformity with the requisitions of the law did pay over all the State tax to the Treasurer, and all the county tax which was required of him, to the clerk of the Court of Ordinary, who was the county Treasurer, and which amount, so paid over, was believed by the said John Lee, tax collector, and the clerk of the Court of Ordinary, to be a full and entire payment of all amounts due the county of Pulaski, by him the said John Lee, as tax collector; And whereas, in the year eighteen hundred thirty-nine, it was ascertained by the Inferior Court, that several tax collectors for said county were in arrers, among whom the said John Lee was one; and upon a more thorough investigation, it appeared that the amount not paid over to the said county, by the said John Lee, tax collector, was the sum of two hundred and fifty-eight dollars and fifty-seven cents, and the interest required to be paid on this amount was two hundred and twenty-six dollars and twenty-four cents; And whereas the said John Lee, tax collector as aforesaid, did, according to the requirements of said Court, pay over the full amount so required, including principal and interest: 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 passing of this act, the Justices of the Inferior Court of Pulaski county are authorized and required to pay over, or cause to be paid to John Lee, tax collector as aforesaid, all damages he may have paid over and above eight per cent. per annum. Sec. 2. And be it further enacted , That the provisions of this act shall be, and is hereby extended to all other tax collectors of the said county of Pulaski, who are situated in the same way as the aforesaid John Lee. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 201

AN ACT to amend the Militia Laws of this State, so as to exempt indigent persons in the militia of the line from fines for not being armed and equipped at the several musters, and on other occassions, with a fire lock, cartridge box, or shot pouch. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall not be lawful to fine any person being a private in the militia of the line, for not being armed and equipped with a fire-lock, cartridge box, or shot pouch; Provided , each person is not able to own said equipage, without disposing of property actually necessary for the support of himself or his family. Sec. 2. And be it further enacted by the authority aforesaid , That the affidavit of any person being a private in the militia of the line in this State, stating that he is not able to own the equipage mentioned in the first section of this act, without disposing of property actually necessary for the support of himself or family, shall be received as evidence in any Court Martial in this State; and shall be considered sufficient evidence to establish the fact, unless it be sufficiently rebutted by other testimony. Sec. 3. And be it further enacted , That all laws and parts of laws, militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to exempt certain persons from Jury and Militia duty, in the county of McIntosh. Section 1. Be it enacted by the Senate and House of 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 James Middleton, Jourdan Popwell, Joshua Fletcher, George Carter, Senr., George Carter, Junr., Michael King, James Popwell, Jacob Duggers, and Robert Popwell be, and they are hereby exempt from Militia duty and Jury duty, except within their own district.

Page 202

Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. ROADS AND RIVERS. AN ACT amendatory to an act passed in December, 1836, to appropriate a sum of money to lay out and open a road from Dahlohnega, in Lumpkin county, by way of Elijay, in Gilmer county, and from thence to the Federal road in Murray county, so far as respects that part of the road leading from Elijay, in Gilmer county, across the Cohuttah Mountain, to Murray county; and to appoint new Commissioners to superintend 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 J. Dickinson, George Brock and Henry Wykel be, and they are hereby appointed Commissioners of the road leading from Elijay, in Gilmer county, across the Cohuttah Mountain, to Murray county, and that they be, and are hereby authorized and required to demand and receive of the Commissioners appointed by the above recited act, or their successors in office, for any or all sums of money in their, or any of their hands, unexpended, of the said appropriation, and apply the same to the improvement of the said road, on the said Cohuttah Mountain, either by changing the route or improving the old route, as they in their discretion may deem proper and expedient. Sec. 2. And be it further enacted , That the said Commissioners shall give bond and security to the Inferior Court of Gilmer county, to be approved of by a majority of them, for the faithful performance of their duty, and the faithful application of whatever sum or sums of money they may receive from the said Commissioners as aforesaid.

Page 203

Sec. 3. And be it further enacted , That upon the new appointed Commissioners complying with the requisition of the 2d section of this act, and applying to the old Commissioners, they, the said former appointed Commissioners shall, each and every of them, pay over to the present oppointed Commissioners whatever and all sum or sums of money in their hands or possession, remaining unexpended, of the said appropriation; and on refusing to do so, shall be liable and bound to pay at the rate of 25 per cent. per annum for such delay, and they and securities liable to suit. Sec. 4. And be it further enacted , That the said Commissioners appointed by this act, shall be entitled to and receive the sum of one dollar each per day, while actually engaged on said road, as a full compensation for their said services. Sec. 5. And be it further enacted , That all laws and part of laws which militate against this act, the provisions of this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to secure to owners of fisheries on the Savannah river their rights to the same, and to admit the free passage of fish up the said river. Whereas many persons are in the habit of fishing with nets and seines in the sein holes or fisheries of persons owning the same on the Savannah river, during the fishing season, to the great damage and inconvenience of the owners of the same, for remedy whereof Section 1. Be it enacted by the Senate and House of Representatives of the Stae 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, any person or persons who shall be found fishing with nets or seines of any description, in any sein-hole or fishery which may be used or occupied by the owner, or any other person or persons having the right of the same, without the permission of such owner or person having the right to the same, such person or persons shall be guilty of a misdemeanor, and on conviction

Page 204

shall be fined or imprisoned, or both, at the discretion of the Court. Sec. 2. And be it further enacted by the authority aforesaid , That upon the trial of any person or persons under the foregoing section, evidence of the use and occupancy of such sein-hole or fishery, by the owner or other persons having the right to the same, shall be presumptive evidence of the ownership of said fishery, without producing the titles to the land covered by the waters of said fishery. Sec. 3. And be it further enacted by the authority aforesaid , That if any person or persons shall stretch any fixed net, wire work or other obstruction, permanent across said river, to prevent the passage of fish up the same, such person or persons shall be guilty of a misdemeanor, and on conviction shall be fined and imprisoned, at the discretion of the Court, and the existence of such obstruction at or near any fishery, shall be presumptive proof against the person or persons occupying said fishery, so as to authorize a conviction of said person or persons so using or occupying said fishery. Sec. 4. And be it further enacted by the authority aforesaid , That all laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to repeal an act to alter and amend a part of the 5th section of act entitled an act to alter and amend the road laws of this State, passed 19th December, 1818, so far as respects the counties of Henry, Franklin, Fayette and Heard, passed 23d 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 [Illegible Text] and immediately after the passage of this act, that so [Illegible Text] of the road law passed the 23d day of December, 1833, as relates to the county of Heard, be, and the same is hereby repealed. Sec. 2. Be it enacted by the authority aforesaid , That the road [Illegible Text] that was in force previous to the passage of the above repealed act, be revived and continued in full force, as fully and acctually as if such act had not been passed.

Page 205

Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 10th, 1839. AN ACT to appoint Commissioners to lay out and open a new road through a part of Camden county, and to designate the hands who shall be liable to work thereon; also to establish a ferry across the Great Satilla river, and fix the rates of ferriage at the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That James M. Smith, Isaac Lany, David Brown and Edmund Atkinson be, and they are hereby appointed Commissioners of a public road, to be by them laid out and cause to be made, as directly as may be practicable, from a point on the Great Satilla river, opposite the town of Jefferson, in Camden county, to a point near the fifteen mile post, on the present post road from said Satilla to Little Satilla river. Sec. 2. And be it further enacted by the authority of the same , That all persons and hands (liable to performance of road duty) residing between the Little and Great rivers, and east of the aforesaid present post road, including the hands in Hazzard's Neck, are hereby declared and shall be liable to the performance of road duty on said new road. Sec. 3. And be it further enacted by the authority aforesaid , That the aforesaid Commissioners shall, and they are hereby authorized to have and exercise all the authority and powers that are now by law vested in any of the Commissioners of roads of said Camden county; and in pursuance thereof, they shall impose and collect, as usual, all fines for neglect of duty on said road; Provided , that they shall not be required to pay over to the county Treasurer any part of the amount of said fines, but the whole of the same shall be expended in putting and keeping in order the road of which they are Commissioners. Sec. 4. And be it further enacted by the authority aforesaid , That the Commissioners shall cause that part of said road

Page 206

extending through the tide swamp from the Great Satilla river to the high land, to be so embanked, and thrown up sufficiently high to form a good and sufficient rise dam in the first instance, after which, and always and ever thereafter, that said part of said road, and also any wharf, floating bridge, or platform, which may be erected by the Commissioners, from the termination of the embankment, to run to low water mark, shall be kept in good and complete order by the proprietor or proprietors of the tide swamp through which said road or embankment shall pass, with his, her or their own road hands, or at his, her or their expense exclusively; and should he, she or they fail or neglect so to keep embankments and wharf, floating bridge or platform in good order, he, she or they shall be liable to a fine of twenty dollars, to be imposed and collected, or cause to be collected by the Commissioners of the road, for the time being, for every week they or either of them may so remain not in good order; and for and in consideration of this or these conditions and liability, the hands of the proprietor or proprietors of said tide swamp shall be and are hereby exempt from all other road duty; Provided , the number of said hands do not, at any one time, exceed fifteen. And should the number be at any time above fifteen, this number shall only be exempt from other said road duty. Sec. 5. And be it further enacted by the authority aforesaid , That so soon as the aforesaid road shall have been made passable to the Great St. Illa river, there shall be established and kept, at the termination of the same, across the river, to the town of Jefferson, a ferry, at which the following rates only shall be charged, to wit: For a loaded wagon and four horses, seventy-five cents; for an empty wagon and four horses, fifty cents; for an empty wagon and two horses, twenty-five cents; for all four wheel pleasure carriages with two horses, fifty cents; for all four wheel carriages and one horse, twenty-five cents; for all Jersey wagons and one horse, twenty-five cents; for a horse and cart, eighteen and three fourth cents; for an ox cart and four oxen, fifty cents; for an ox cart and two oxen, twenty-five cents; for horse and gig, twenty-five cents; for man and horse, twelve and a half cents; for single horse, six and fourth cents; for a foot passenger, six and fourth cents; for every head of neat cattle, hogs, sheep or goats, each two cents; Provided , that all ministers of the Gospel, and all persons going to and returning from general and county elections, electors of President and Vice President of the United States, and Grand and Petit Jurors, shall be exempt from payment of ferriage, and shall be set over free of all charges whatever. Sec. 6. And be it further enacted by the authority aforesaid , That James Morgin Smith, his heirs and assigns, are hereby

Page 207

vested with the privilege of keeping said ferry; Provided , the said James Morgin Smith, his heirs, do at all times keep a good, sufficient flat and ferry boat, for the conveyance of passengers, and do give due and prompt attendance at said ferry; shall be subject to the same rules and regulations existing by the laws of this State, in relation to the ferries now esablished. Sec. 7. And be it further enacted by the authority aforesaid , That all laws and 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. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. AN ACT to alter and amend an act entitled an act to appoint additional Commissioners on the Ohoopee and Canoochee rivers, in the county of Tattnall, passed 27th December, 1838, so far as relates to the Commissioners on the Ohoopee river, and for other purposes, 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 the Commissioners on the Ohoopee river, in Tattnall county, be required to collect the money by them loaned out, which was appropriated for the improvement of the navigation of of said river, immediately after the first day of January next. And that the Commissioners aforesaid, so soon as they have collected said money, be required to apply the whole of said money to the improvement of the Ohoopee riverone half of said money to be applied to the improvement of the river above the mouth of Bazil's creek, the other half below said creek, in said 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. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 208

AN ACT to amend the road laws of this State, so far as to compel a portion of the hands liable to perform road duty, to perform that duty, at any time when required by the overseer of the roads on which they are liable to work. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That any person or persons resident in any district where such road or roads and bridge or bridges may become impassible by any means, may, upon the overseer or commissioners of said district, whose duty it shall be to call out as many hands as he may think proper, to repair the same within three days after receiving such information. Sec. 2. And be it further enacted , That it shall be the duty of the hands so summoned, to attend and perform the duty required of them, and in case of their neglect of said duty, they shall become subject to the penalties now in force against hands for neglect of said duty. Sec. 3. And be it further enacted , That the said overseer shall take notice of the time such hands work, and shall excuse them from the performance of road duty, at the time the other hands are required to work on the road, a number of days equal to the time they have worked on the road, under this act. 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. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 23d December, 1839. AN ACT to amend the several Road laws of this State, so far as respects the county of Chatham. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, it shall and may be lawful for the commissioners of roads of Chatham county, and they are hereby authorized to call out, summons, and detail under the same rules and regulations as are now

Page 209

in force, a sufficient number of hands, from one road district to work on, and put in repair any road in an adjoining district whenever the number of hands liable to work on any road in said county, shall be insufficient to keep said road in repair, and its situation in the judgment of said commissioners shall require such additional force: Provided , that nothing herein contained, shall subject any hands liable to work on the public roads of said county, to do more duty than is now required by law. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. SENATUS ACADEMICUS. AN ACT to amend the several laws relating to the Senatus Academicus, and the University of the State of Georgia, so far as to change the number Trustees of the University, necessary in joint session with the Senate, to form Senatus Academicus, and to constitute a quorum to do and transact business at all meetings of the board of Trustees, and also to legalize the prcceedings of the Senatus Academicus, at its late session. Section 1. Be it enacted by the Senate and House of 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, nine trustees of the University of Georgia, shall constitute a quorum competent to transact business at all meetings of the board, and also to form and constitute the Senatus Academicus, of the State of Georgia, in joint session with the Senate; any law usage or custom to the contrary notwithstanding. Sec. 2. And be it further enacted , That the proceedings of the Senatus Academicus of the State of Georgia, at its session on Monday the eleventh day of November, in the year eighteen hundred and thirty-nine, be, and the same, are

Page 210

hereby legalized and made valid, as though the same had been regularly and legally constituted. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. SILK CULTURE. AN ACT to repeal an act entitled an act to promote the culture of Silk in this State, passed 29th day of December, 1838. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the above recited act, be, and the same is hereby repealed, any law to the contrary notwithstanding. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, November 26th, 1839. SITE PUBLIC BUILDINGS. AN ACT to be make permanent the county site for the county of Chattooga, at the town of Summerville, 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 the said town of Summerville shall be, and the same is

Page 211

hereby made the permanent county site for the Court-House and Jail, in and for said county. Sec. 2. And be it further enacted , That the inhabitants of said town, may, on the fourth Saturday in January, 1840, 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 Summerville, and by that name they shall be able and capable in law of suing 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 bye-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 bye-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. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 212

AN ACT to amend an act to make permanent the site of the public building in and for the county of Heard, at the town of Franklin, 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 the fifth section of the above recited act, be, and the same is hereby repealed, and that the following be in lieu thereof: That said commissioners and their successors in office, shall have a corporate jurisdiction over the lot of land on which the said town is situated, and the survey of lots on the east of said town lot, made by Dent and Crymes, and the lots on the west side of said town lot, that are, or may be laid off by or through the authority of the Justices of the Inferior court of said county. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to make permanent the county site of the county of Dade, as the town of Salem, 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 the said town of Salem, shall be, and the same is hereby made the permanent county site in and for said county. Sec. 2. And be it enacted by the authority of the same , 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. 3. And be it further enacted , That the inhabitants of said town, may, on the second Saturday in January, 1840, 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 Salem, and by that name they shall be able and capable in law of suing and being sued, pleading and

Page 213

being impleaded in any of the courts of this State; and the said commissioners shall have power and authority to make all bye-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 bye-laws, rules and regulations necessary and proper to carry into effect the general power hereby granted to them. Sec. 4. 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 portion shall have power to fill such vacancy. 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. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to alter and change the site of the Public Buildings of the county of Dooly, to some point more central, and to make permanent the same, and to compensate the owners of town property in the town of Drayton, the present site of the public buildings, 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 William Smith, David Scarboro, Joel Dorsey, James Oliver, Thomas Cobb, John Eubanks, and John Crumpler, of said county, or a majority of them, are hereby appointed Commissioners to fix on a suitable site for the public buildings for said county of Dooly, which shall be as near the centre of the county as convenience of water and health of

Page 214

situation will admit; which site, when so situated by said Commissioners, or a majority of them, shall be called and known by the name of Glascock, and shall be held and considered the permanent site for the public buildings for the county aforesaid. Sec. 2. And be it further enacted , That the said Commissioners, or a majority of them, are hereby authorized to accept any donation of ground for such site, or purchase a lot of ground containing thirty acres or more, if they think it expedient, for the same, and proceed to lay off the public square for the public buildings and the streets of said town, and also lay off lots of suitable size, and expose such lots to public sale, giving thirty days notice in some public paper of this State, and at three of the most public places in the county, of the time and place of such sale. The proceeds of such sales of lots to be returned to the Inferior Court of the county, as well as all land purchased or donated for the public site, as a county fund. The Inferior Court shall pay out of said fund, for the land, if purchased, for the public site, as well as all expenses incurred; and it shall be the duty of the Inferior Court to order the return made to them by the Commissioners to be placed upon the records of the Inferior Court. Sec. 3. And be it further enacted , That it shall be the duty of the Inferior Court of said county, that so soon as the Commissioners shall make their return of their purchase of the land for the public site, the plan of the town, and sale of lots, as provided for in the second section of this act, the said Court shall proceed to let out the building of the Court House and Jail, after such plan, and undersuch regulations as they may deem expedient. Sec. 4. And be it further enacted , That if shall be the duty of the said Inferior Court to make title to the purchasers of the lots sold by the Commissioners, and for all such as may afterwards be sold by the order of the Court; and if any of the before named Commissioners shall refuse to act, it shall be the duty of the Inferior Court to fill such vacant place-by appointment of a Commissioner from the district where such vacancy occurs. Sec. 5. Be it further enacted , That it shall be the duty of the Commissioners aforesaid to assess such damages as in their judgment the owners of property in the town of Drayton may have sustained by reason of the removal of the public site from said town. Sec. 6. And be it further enacted , That so soon as the said Commissioners have selected the public site, sold the lots, and returned their proceedings to the Inferior Court, it shall be the duty of such Court to expose to sale the public property in the said town of Drayton, giving sufficient notice

Page 215

of the time of sale; and the proceeds of sale shall be a fund to pay the damages assessed by the Commissioners, as contemplated in the fifth section of this act, and the overplus, if any, to go in payment of the building the Court-House and Jail in the town of Glascock. Sec. 7. And be it further enacted , That if the sale of the lots in the aforesaid town of Glascock, and the sale of the public property in the town of Drayton, shall be insufficient to pay for the land purchased by the Commissioners, and the building the Court-House and Jail, and the damages assessed by the Commissioners, the Inferior Court is hereby authorized to levy an extra tax, not exceeding fifty per cent. upon the general tax, until such engagements and liabilities of the Inferior Court be paid. Sec. 8. And be it further enacted , That it shall be lawful to hold the next Superior Court at Drayton, the present site. Sec. 9. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor Assented to, December 23d, 1839. AN ACT to repeal an act entitled an act to amend an act entitled an act to made permanent the site of public buildings in the town of Hamilton, Harris county; in the town of Newnan, Coweta county; in the town of Talbotton, Talbot county; and in the town of Greenville, in Meriwether county, and to incorporate the same, passed twentieth December, eighteen hundred and twenty-eight, so far as relates to the town of Greenville, assented to the twenty-sixth day of December, eighteen hundred and thirty-four. Section 1. Be it enacted by the Senate and House of 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 above recited act be, and the same is hereby repealed.

Page 216

Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. SLAVES AND FREE PERSONS OF COLOR. AN ACT to regulate Slaves and free persons of color in the counties of McIntosh and Liberty. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall not be lawful for any free person of color or slave to keep a house of entertainment, or to vend any goods, wares, merchandize, spirituous liquors or provisions, for their own profit, (other than what is allowed by the existing laws of the State) within the limits of the counties of McIntosh and Liberty. Sec. 2. And be it further enacted , That no slave shall be allowed to hire his or her time from his or her owner or manager; nor shall any slave be allowed to work or carry on any traffic upon his or her own account, or for the purpose of procuring a livelihood, or raising money to pay his or her hire wages, within the limits aforesaid, except by written permission from their owners or employers, who shall reside in the limits of each county aforesaid. Sec. 3. And be it further enacted , That any white person offending against the provisions of this act, shall be liable to be prosecuted or indicted before the Superior Court, for such offence; and on conviction thereof, shall forfeit and pay a fine of $100 for each and every such violation, one half to be paid over to the Commissioners of Poor Schools, and the other half to the informer or prosecutor. Sec. 4. And be it further enacted , That every slave or free person of color who shall offend against the provisions of this act, shall be liable to and receive not less than thirty

Page 217

or more than fifty lashes, for every time he or she shall offend, to be inflicted by any constable within the limits of the counties aforesaid. Sec. 5. And be it further enacted , That the Justices of the Peace in each county aforesaid, shall have jurisdiction and cognizance of all and every infraction or violation of this act, by any slave or free person of color. Sec. 6. And be it further enacted , That it shall be the duty of the constables of said counties, in case any slave or free person of color shall violate the provisions of this act, to apprehend such slave or free person of color, and take him or her before one of the Justices of the Peace of the counties aforesaid, whose duty it shall be to hear and determine upon the guilt or innocence of such slave or free person of color, and in the event of conviction, shall direct the constable, whose duty it shall be to inflict the punishment pointed out in the 4th section of this act; and the cost and legal expense of said trial, shall be paid by such free person of color, or by the owner or manager of such slave, so committed as aforesaid. Sec. 7. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to authorize free persons of color to hold real estate in the city of Darien. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall be lawful for any free person or persons of color, in the city of Darien, to hold real estate in the name of his, her or their guardian, in trust, however, and for the only use, benefit and behoof of any such free person or persons of color. Sec. 2. And be it further enacted by the authority of the same , That all laws or parts of laws militating against the provisions

Page 218

of this act, so far as militates against the same, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839. TAXES. AN ACT to impose, levy and collect a Tax, for the political year 1840, 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 29th December, 1838, together with all acts and parts of acts, except as in hereinafter excepted, which said act revives and continues in force, shall be, and the same is hereby revived and continued in force, as the tax law for the year eighteen hundred and forty. Sec. 2. And be it further enacted by the authority aforesaid , That one-half the tax to be levied and collected under this act, shall be paid over by the tax collectors to the Inferior courts of the respective counties, for county purposes, and the other half into the Treasury of the State, except as hereinafter excepted. Sec. 3. And be it further enacted by the authority aforesaid , That the money loaned on interest by private individuals, or used in shaving or discounting notes, shall be subject to a tax at the rates of thirty-one and a quarter cents per hundred dollars, on the amount so loaned or invested. Sec. 4. And be it further enacted by the authority aforesaid , That upon notice given, any three Justices of the Inferior court of any county in this State, on or before the first day of March next, that such county does not need said one-half of the tax levied under this act, then the tax collector

Page 219

shall levy but one-half of the tax raised by this act, from the people of said county. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to authorize the Justices of the Inferior court of Cobb county, or a majority of them, to levy an extra tax for the purpose of paying the Sheriff and Jailor for the time being of said county, for the apprehension, confining in Jail, and bringing to trial sundry Irishmen, indicted for murder in said 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 the Justices of the Inferior court of the county of Cobb, or a majority of them, be, and they are hereby authorized and empowered to levy an extra tax in said county, which shall not exceed fifty per cent. on the general State tax of the political year, 1839. Sec. 2. And be it further enacted by the authority of the same , That it shall be the duty of the tax collectors to collect said tax and receive the same per cent. for so doing, as for collecting other taxes for county purposes. Sec. 3. And be it further enacted by the authority aforesaid , That said tax collector shall, so soon as he shall collect said tax, be, and he is hereby directed to pay over the same to the Justices of the Inferior court of said county, which shall be applied to the defraying the expenses paid, or which may be due said Sheriff and Jailor as aforesaid, any law, usage or custom to the contrary not withstanding. JOSEPH DAY, Speaker of the House of Representatives ROBERT M. ECHOLS, President of the Senate CHARLES J. McDONALD, Governor Assented to, 23d December, 1839.

Page 220

AN ACT to authorize the Justices of the Inferior court of Paulding county to refund to the citizens of said county, the excess of tax which was collected from them in eighteen hundred and thirty-nine. Whereas in assessing the tax in the county of Paulding, which was collected in eighteen hundred and thirty-nine, under the general Tax law, a large excess of taxes was required of the citizens of said county, through mistake made in the assessment 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 Inferior court of the county of Paulding, shall refund to the citizens thereof, the said excess of taxes, collected from them as aforesaid. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same is hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to authorize the Justices of the Inferior Court of the county of Houston to levy and collect an extra tax for county purposes, on certain conditions. Section 1. Be it enacted by the Senate and 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 Houston shall be, and they are hereby authorized and empowered to levy an extra tax on the general tax of said county, not exceeding fifty per cent., to be collected in the year eighteen hundred and forty, for county purposes; Provided , the same shall be recommended by the Grand Jury of said county as necessary to meet the just claims against the same; and provided further, that the said Inferior Court shall deem said extra tax as absolutely necessary for

Page 221

county purposes, and shall so express in their order requesting the collection of the same. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. AN ACT to amend an act passed the 22d day of December, 1834an act to authorize the Justices of the Inferior Court of Morgan and Elbert counties, to levy an extra tax for the purpose of building a good and sufficient Jail in said counties, so far as to authorize the Justices of the Inferior Court of Morgan county to apply a part of the fund raised under the aforesaid act, to the completion of a new Court-House. Section 1. Be it enacted by the Senate and House of 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 Morgan, or a majority of them, respectively, are hereby authorized to appropriate so much of the fund raised under the aforesaid act, passed the 22d day of December, eighteen hundred and thirty-four, as may be necessary to the completion of a new Court-House, now being built in the town of Madison. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839.

Page 222

TOWNS AND CITIES. AN ACT to authorize the Justices of the Inferior Court of the county of Muscogee, to lay off a lot on the east Commons of the city of Columbus, for the purpose of erecting thereon a Jail for said county, and to vest the title thereto in said Justices. Section 1. Be it enacted by the Senate and House of 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 Muscogee, or a majority thereof, are hereby authorized to set apart and lay off a lot upon the east Commons of the city of Columbus, for the purpose of erecting thereon a common Jail for said county: Provided , said lot, so laid off, shall be included within the meets and bounds hereinafter mentioned, to wit: beginning at the corner of Crawford and Mercer streets on the east commons, and running thence east, in a strait line, ninety-eight yards and seven inches, thence south one hundred and ninety-seven yards to Thomas street, thence due west on said street to Mercer street, thence due north on said street to the beginning point on Crawford street. Sec. 2. And be it further enacted , That the title in and to the before described lot, shall, and the same is hereby declared to be vested in Robert W. Carnes, Hardy C. Sapp. William H. Mitchell, Samuel A. Bailey and James M. Chambers, Justices of the Inferior court of the county of Muscogee, and their successors in office for the time being, for the purpose aforesaid: Provided , said Justices shall have no power to sell, convey or otherwise dispose of said lot, or use the same for any purpose other than the one mentioned in this act. Sec. 3. And be it further enacted , That all laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839.

Page 223

AN ACT regulating and making valid the election for members of council for the city of St. Marys, held on the third, instead of the second Monday in April, 1839, as required by the act of incorporation, passed on the 10th December, 1807. Whereas from some neglect on the part of the Council in authority, no notice was published within the time required by said incorporating act, for the said election to be held on the day prescribed, but was subsequently notified, and an election held on the third instead of the second Monday in April last passed, by which proceeding doubts exist with regard to the legality of the same, and whether through the negligence aforesaid of the body politic, it has or has not broken the condition upon which it was incorporated; to remedy which Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That all and any act and acts done, performed and committed, and all ordinances passed by the present Council, or that may be hereafter passed during their continuance in office, and until the next annual election, be and the same is hereby declared good and valid, effectually binding and obligatory within the incorporating limits, as though no default had taken place in holding the annual election, as directed by the charter. Sec. 2. And be it further enacted , That the next election for members of Council shall take place on the third Monday in April, 1840, and annually thereafter. Sec. 3. And be it further enacted by the authority aforesaid , That all act or acts militating against this act, be, and the same is repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 10th, 1839. AN ACT to authorize the commissioners of the town of Springfield, in the county of Effingham, to sell the vacant lots in the town of Springfield, and to make valid their titles. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met ,

Page 224

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 commissioners of the town of Springfield, in the county of Effingham, to sell at public outcry, before the court-house of said county, on a Sheriff's sale day, between the hours of ten and three o'clock, all the vacant lots which are now within the limits of said town, or any part thereof, first giving thirty day's notice of such sale, at two or more of the most public places in each Captain's District, and the money arising from such sale shall be vested in the hands of said commissioners, for the benefit of the incorporation thereof, and the titles given by said commissioners, or by a majority of them for all lots sold by them, shall be valid to all intents and purposes. Sec. 2. And be it further enacted , That all laws or parts of laws militating against this act shall be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 21st, 1839. WEIGHTS AND MEASURES. AN ACT to amend an act passed 10th December, 1803, entitled an act to make uniform a standard of Weights and Measures, 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 the standard of Weights and Measures adopted by the Congress of the United States, shall be, and the same are hereby adopted and considered a standard of Weights and Measures for this State. Sec. 2. And be it enacted , That from and immediately after the passage of this act, it shall be the duty of his Excellency the Governor of this State, to cause to be procured in some cheap and economical way, one hundred standards of each, to correspond in weight and measures, with those now in the Executive office, in Milledgeville.

Page 225

Sec. 3. And be it enacted , That so soon as the said standards shall have been procured, as contemplated in this act, his Excellency the Governor is hereby or authorized to issue his proclamation, giving publicity to the same, calling upon all the citizens of this State, and others within the jurisdiction of the same, to conform thereto, and abide the same. Sec. 4. And be it further enacted , That when his Excellency the Governor shall have made his proclamation, in pursuance of this act, it shall be the duty of the Justices of the Inferior Courts of the several counties of this State, or a majority of them, and they are hereby required to obtain from the Executive office, by their clerk, or some other person by them appointed for that purpose, one of each of the standards of Weights and Measures, to be kept in the clerks office of said Inferior Court of said county, for the benefit of all the citizens thereof. Sec. 5. And be it further enacted , That it shall be the duty of the Justices of the Inferior Courts aforesaid, or a majority of them, upon the receipt of such standard of weights and measures, to give sixty days notice, at the Court-House of the county, and three of the most public places in the same, in order that all may be informed thereof. Sec. 6. And be it further enacted , That if any person or persons within the limits of this State, shall use or cause to be used, or in any wise sanction the use of any weights and measures, for their own use and benefit, either for themselves, or any other person with whom they may be connected, of less dimension than those adopted by this act, as standards, after six months shall have expired from the proclamation of his Excellency, shall be, upon proof and conviction thereof, be subject to all the pains and penalties, both civil and criminal, improved [imposed] by the penal code of this State, and in the act to which this is amendatory; and if he, she, or they shall be the proprietor, superintendant, weight clerk or assistant, in ware-houses, or places where cotton or other produce are weighed or sold, he, she or they shall be liable to a penalty, civil or criminal, in a fourfold amount. Sec. 7. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1839.

Page 227

RESOLUTIONS WHICH ORIGINATED IN SENATE. IN SENATE. Whereas the Western and Atlantic Railroad has in a great measure destroyed the public highways in the several counties through which it passes, and the grading on said road is now much injured by the crossing of said highway, and in many places it will remain a permanent injury to the Railroad when constructed: Be it therefore Resolved , That it shall be the duty of the Commissioners of the Western and Atlantic Railroad, to cause to be laid out and opened, a public highway, on such grounds as will interfere the least with the interest of travel on said highway, and to prevent its crossing the railroad, only at such points as the situation of the ground and the interest of travel may require. ROBERT M. ECHOLS, President of the Senate. December 21, 1839. AttestDavid J. Bailey, Secretary. JOSEPH DAY, Speaker of the House of Representatives. December 21, 1839. AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, 1st January, 1840. IN SENATE. Be it resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That His

Page 228

Excellency the Governor, be, and he is hereby authorized and requested to draw his warrant on the Treasurer of the State of Georgia, for the amount of the Poor School Fund, due the county of Harris, for the years 1836 and 1837. And that the present Senator from the county of Harris, be authorized to receive the same from the Treasurer, for the purpose of having said Fund applied to the objects contemplated by the laws of force on that subject, prior to the session of the General Assembly, 1837. In Senate, agreed to, December 3d, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. in House of Representatives, concurred in, 21st Dec. 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, December 21st, 1839. IN SENATE. Whereas the measures of the Federal Government, under the administration of Martin Van Buren, have met the decided approbation of a large majority of the citizens of this State, and are of a character, in the opinion of this General Assembly, to entitle him to re-election for another Presidential term: AND WHEREAS, the high character, and long and faithful services of John Forsyth , make him the favorite son of Georgia, and the consistency of his principles, and his able and unwavering support of the great republican interest of his country, strongly recommend him to the Democratic party of the United States, for the Vice Presidency: Be it therefore 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 Martin Van Buren and John Forsyth, be recommended by this General Assembly, to the Democracy of the United States, and to the people of this State, the former for re-election

Page 229

to the office [of] President of the United States, and the latter for the office of Vice President. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, 24th December, 1839. IN SENATE. The Federal Constitution having been framed partially with a view to regulate the conventional intercourse between the sovereign States that ordained it, and having conferred all the powers necessary and proper for carrying its provisions into full effect upon a Congress of the United States, it is incumbent on that body, by its legislation, to secure the several States in the enjoyment of their constitutional rights. Not the least important stipulation in that compact, is, that a person charged with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime Doubtless the past legislation on this subject has been predicated upon the presumption that each State having, in the pledged faith of all the others, a sufficient guarantee, nothing more was requisite, than to prescribe the forms which should give authenticity to the demand. Doubtless, too, in the times which give birth to the Constitutionwhilst the Union was young, and her revolutionary associations fresh and warm, this presumption found its warrant in the mutual fidelity which promptly responded to all Executive demands. To this generation has been reserved the humiliating spectacle of a sovereign State making herself a city of refuge for fugitive felons from her sister confederates. Two such cases, of recent occurrence, demonstrate the utter inefficiency of the existing laws for carrying into effect this provision of the Constitution. They moreover clearly indicate the cause of this inefficiency. Those laws are dependant for their execution upon the mere will of the Executive officers of the several States, who neither are, nor can

Page 230

be made responsible to the General Government. If, then, it be correctly assumed, that the Federal Legislature is bound to make ample provision for the contemplated exigency, and if experience has proven that reliance on State authorities is delusive, the question occurs whether there be any other mode which gives fairer promise of security? May not the object be accomplished by employing, in that service, officers appointed by, and responsible to the Federal Government? Inasmuch as that Government has employed, in every State of the Union, competent judicial and ministerial officers, it is believed that this duty, enjoined by the highest obligations, and intimately connected with the harmony and perpetuity of the Union, may be appropriately and efficiently performed, through their instrumentality. There would seem to be a peculiar fitness in providing that the aid which she is bound to afford to the State judiciaries, should result from the action of her own judiciary. The process would be simple, and the agents directly responsible to the power whence the laws to be executed emanate: Be it therefore resolved , That the statutes of the United States, enacted to carry into effect the latter clause of the second section of the fourth article of the Constitution, are wholly inadequate to the object. Be it further resolved , That in the opinion of this General Assembly, those statutes should be so amended, as1st: To authorize the demand, in the cases contemplated, to be made upon the Circuit Judge of the United States having jurisdiction in the State wherein such fugitive may be found: SecondlyTo require that such Judge, upon such demand being made in due form of law, shall issue his warrant, to be directed to the Marshal of the United States, in the State wherein such fugitive may be, requiring his arrest and delivery to the agent duly authorized to receive him, who shall be named in such warrant. ThirdlyTo require each Marshal to whom any such warrant shall be delivered, forthwith to execute the same. Be it further resolved , That our Senators in Congress be instructed, and our Representatives be requested to have the act of Congress, passed on the 12th of February, 1793, to carry into effect the second section of the fourth article of the Constitution of the United States, so amended as to make it obligatory on the said District Judge to surrender any person who may be found in any State or Territory, and who is charged in any other State or Territory, with the commission of any act which is constituted a crime by the laws of said State or Territory where he is so charged, to the Executive authority of the State or Territory where the offence is alleged to have been committed.

Page 231

Be it further resolved , That his Excellency the Governor be requested to forward to our Senators and Representatives in Congress, copies of the above preamble and resolutions, with a request that they endeavor to procure such amendment of the statutes in question, as in their judgment will be best calculated to effect the desired object. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, December 24th, 1839. IN SENATE. Resolved , That both branches of the Legislature convene in the House of Representatives on Tuesday next, at 10 o'clock, for the purpose of electing a Secretary of State, a Treasurer, a Comptroller General, and a Surveyor General. Agreed to, 11th November, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. In House of Representatives, concurred in, Nov. 11, 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, 12th November, 1839. IN SENATE. Resolved , That both branches of the Legislature do convene in the Representative chamber, at 10 o'clock, on Friday next, for the purpose of proceeding in the election of a Major General, of the first Division of Georgia Militia, to

Page 232

fill the vacancy occasioned by the resignation of William C. Wayne; also, for a State Printer. Agreed to, 15th November, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. In House of Representatives, concurred in, 16th Nov. 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, 19th November, 1839. IN SENATE. Resolved by the Senate and House of Representatives in General Assembly met, and by the authority of the same , That His Excellency the Governor, be, and he is hereby authorized and requested to forward together with the acts and Journals of the present session, five copies of Prince's new Digest, and also five copies of Greene and Lumpkin's Georgia Justice, to the county of Randolph, for the use of the officers of the newly created militia Districts. Agreed to, 20th November, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. In House of Representatives, concurred in, 22d Nov. 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, 25th November, 1839. IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That His Excellency the Governor, be authorized and requested to furnish

Page 233

to the 942d District, G. M. in Cobb county, a copy of the laws and Journals; a copy of Prince's Digest, and of the Georgia Justice, for the use of the Magistrates of said District. Agreed to, December 7th, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. In House of Representatives, concurred in, 21st Dec. 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, 21st December, 1839. IN SENATE. Resolved by the Senate and House of Representatives , That they do earnestly request their Senators and Representatives in Congress, to use their influence to cause a four horse mail coach to run from Marietta, in Cobb county, to Cumming in Forsyth county, semi-weekly. Agreed to, December 10th, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. In House of Representatives, concurred in, 21st Dec. 1839. JOSEPH DAY, Speaker of the House of Representatives AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, 21st December, 1839. IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby resolved

Page 234

by the authority of the same , That his Excellency the Governor be authorized and required to pay out of the contingent fund, to the Surveyor General, five dollars per diem for his two clerks which have not been provided for in the appropriation bill, commencing with the twenty-fifty day of November, and to continue to the end of the session. Agreed to, December 21st, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. In the House of Representatives, concurred in, Dec. 21, 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, December 21st, 1839. IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia , That for the better preservation of the books and papers belonging to the same, his Excellency the Governor cause to be put in good repair, the two low rooms in the northern end of the capitol, and that a fit and proper person be employed to arrange in proper order said books and papers, paying for the same out of the contingent fund. In Senate, agreed to, December 13th, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. In House of Representatives, concurred in, Dec. 21, 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, December 24th, 1839. IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and be it resolved

Page 235

by the authority of the same , That our Senators and Representatives in Congress be requested, and earnestly solicited to procure the establishment of a tri-weekly mail route, to be carried on a four horse coach, from Madison, in the county of Morgan, to Dahlohnega, in the county of Lumpkin, via. the town of Monroe, the town of Lawrenceville, and the town of Cumming; and that his Excellency the Governor be requested to forward copies of this resolution to our Senators and Representatives in Congress. Agreed to, 3d December, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. In House of Representatives, concurred in, Dec. 21st, 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, December 24th, 1839. IN SENATE. Be it resolved , That His Excellency the Governor, be, and he is hereby authorized and required to have all the acts of the present Legislature, of a public character, published in two public Gazettes, in Milledgeville. Agreed to, December 21st, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. In the House Representatives, concurred in, 21st Dec. 1839. JOSEPH DAY, Speaker of the House of Representatives. CHARLES J. McDONALD, Governor. Approved, 24th December, 1839.

Page 236

IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby resolved by the authority of the same , That His Excellency the Governor, be, and he is hereby directed and authorized to erect monuments over General David Brady Mitchell, (a former Governor of Georgia,) who died whilst representing the county of Baldwin, in the year 1837: and Robert Brown, who died whilst representing the county of Murray, as Senator, in the year 1838. Agreed to, December 2d, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. In the House of Representatives, agreed to, Dec. 21st, 1839 JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, 24th December, 1839. IN SENATE. Whereas the county of Chattooga was laid out and defined by an act of the last General Assembly, and that the officers of said county, have not been furnished with the laws: Be it therefore resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby resolved by the authority of the same , That His Excellency the Governor, be, and he is hereby requested to cause to be sent, with the laws and Journals of the present session to the county of Chattooga, 12 copies of the new edition of Prince's Digest, also 12 copies of the late edition by Greene and Lumpkin, of the Georgia Justice, for

Page 237

the use of the officers of said county, to be distributed as the law directs. Agreed to, 13th Nov. 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, 24th December, 1839. IN SENATE. Resolved , That His Excelleney the Governor, be requested to cause all the public arms that are now scattered through the State, to be collected and returned. Agreed to, December 3d, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, 24th December, 1839. IN SENATE. Resolved Whereas an additional militia District has been formed in the county of Cobb, and officers have been elected and commissioners [commissioned] for said District since the last delivery of the laws and journals, and the said newly created Districts, being without the Digest of the laws of Georgia: Be it therefore resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met ,

Page 238

and it is hereby resolved by the authority of the same , That His Excellency the Governor, be, and he is hereby requested to send with the laws and journals of the present session, to the county of Cobbalso to three new districts in the county of Stewart, two copies of the late edition of Prince's Digest, also two copies of the laws of 1837 and 1838, and two copies of the Georgia Justice, by Greene and Lumpkin, for the use of the officers of the said newly created districts. Agreed to, 27th Nov. 1839. President of the Senate. AttestDavid J. Bailey, Secretary. In House of Representatives, concurred in, 21st Dec. 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, 24th December, 1839. IN SENATE. Resolved , That both branches of the General Assembly will convene in the Hall of the House of Representatives, on Wednesday next, at 3 o'clock, P. M. to elect two Directors on the part of the State for the Planter's Bank; four for the Bank of the State of Georgia, and seven for the Bank of Darien. Agreed to, December 7th, 1839 ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. In House of Representatives, concurred in, 7th Dec. 1839. JOSEPH DAY, Speaker of the House of Representatives. Joseph Sturgis, Clerk. CHARLES J. McDONALD, Governor. Approved, 11th December, 1839.

Page 239

RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES. HOUSE OF REPRESENTATIVES. The Joint Standing Committee on Finance, to whom was referred the claims of Col. Asa Bates, and Benjamin V. Iverson, Commissioners of the State appointed to supervise the disposition of the money appropriated for the purpose of improving the navigation of the Chattahoochee river, and of Col. Asa Bates, the person employd by the Commissioners for that purpose, have had the same under consideration, and beg leave to report as follows: From the correspondence furnished us, we perceive that his Excellency has been perplexed or embarrassed on account of the very unsatisfactory manner in which Mr. Bates has presented his claim or account. Your committee, in reference to the claim or account of Mr. Bates, coincide fully with his Excellency the Governor, in the opinion that a number of heavy charges embraced in his, Bates' account, as referred to us, should not, in the absence of more satisfactory evidence and vouchers, be recognized. Your committee are of the opinion that the account of Mr. Benjamin V. Iverson, as submitted to his Excellency the Governor, should be paid without deduction. The different items to which he, Mr. Iverson, has affixed the amount, make the sum of $365 50 The time charged for personal services, thirtyeight days, he has affixed no price, as a per diem compensation. We propose the sum of $4, making $152 00 For making out two reports to his Excellency the Governor, we suggest to allow ten dollars each, $20 00 Making in all the sum of $537 50 Which sum we recommend to be paid out of the appropriation money, made at our last session of the Legislature, for said purpose.

Page 240

Your committee beg leave to be discharged from the further consideration of the matter submitted to them. Agreed to, 5th December, 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 20th December, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. CHARLES J. McDONALD, Governor. Approved, 1st January, 1840. IN HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly do convene in the Representative Chamber, on Wednesday next, at three o'clock, P. M., for the purpose of electing three Railroad Commissioners for the Western and Atlantic Rail road. Agreed to, 7th December, 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 10th December, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. CHARLES J. McDONALD, Governor. Approved, 11th December, 1839. IN 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 respectfully and earnestly solicited to use their best exertions and cause to be established a stage route from Clarksville, Habersham county, Georgia, to Ashville, North Carolina, Buncombe county, by way of Clayton and Franklin. Also, a

Page 241

weekly mail, to be carried upon horse-back, from Lafayette in the county of Walker, to Salem, in the county of Dade. And be it further resolved , That his Excellency the Governor be requested to furnish to each of our Senators and Representatives in Congress a copy of these resolutions. Agreed to, 30th Nov., 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 3d Dec., 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. CHARLES J. McDONALD, Governor. Approved, 4th December, 1839. IN HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That both branches of the General Assembly will convene in the Representative Chamber, on next Thursday, at the hour of 3 o'clock, P. M., for the purpose of electing two Commissioners, under an act to authorise the business of Banking, and to regulate the same, assented to 26th Dec., 1838. Agreed to, 11th December, 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 18th December, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. CHARLES J. McDONALD, Governor. Approved, 19th December, 1839. IN HOUSE OF REPRESENTATIVES. Resolved , That both branches of the General Assembly do convene in the Representative Chamber, at the hour of three o'clock, on Thursday next, for the purpose of proceeding

Page 242

to the election of a Brigadier General for the first brigade of the fifth Division, G. M., to fill the vacancy occasioned by the resignation of General John W. Gordon. Agreed to, 13th December, 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 18th December, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. CHARLES J. McDONALD, Governor. Approved, 19th December, 1839. IN HOUSE OF REPRESENTATIVES. The Special Committee to whom was referred the Report made by the commissioners of the Unacoy road, appointed by an act of the Legislature passed on the 29th day of December, 1839, [1838], made the following report, to wit: The committee have minutely examined the report, and find that the commissioners have complied with the requisitions of the act, and that they, previous to their commencing their duties set forth by said act, entered into a bond, made payable to His Excellency the Governor, for the faithful performance of their duties, did forward the same by Charles B. Word, Esq. to the Executive, with instructions to draw $1,000, which was appropriated by the aforesaid act referred to, and on application, the Governor informed Mr. Word that there was at that time no unexpended funds of the State, therefore it was unnecessary for him to issue the warrant for the appropriation. But said commissioner having full faith in the credit of the State, and the act making the appropriation, promised to lay off said road, and let the same out to the lowest bidder, the whole of which was bid off by different persons, for the sum of $892 50-100, which sum said commissioner now stands bound for to those persons who laid off the road, which contracts have been complied with by the undertakers: also the commissioners are bound to the said Charles B. Word, ten dollars for his services in applying for said appropriation, which they deem as part of the expenditures, and there is now unexpended

Page 243

of the aforesaid appropriation, the sum of $97 50, subject to be disposed of or expended as the Legislature may direct. Your committee therefore recommend the following resolution: Resolved by the Senate and House of Representatives in General Assembly met , That the commissioners as aforesaid, be, and they are hereby authorized and empowered to apply the unexpended balance of said appropriation, in the improvement of such parts of said road, as from time to time may require the same, and make a report of their proceeding, on the final disbursement of the same, to the Legislature. Agreed to, 21st December, 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in the 21st December, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. CHARLES J. McDONALD, Governor. Approved, 24th December, 1839. IN HOUSE OF REPRESENTATIVES. Whereas a bill has passed both branches of the General Assembly, changing the time of holding the sessions of the Legislature, from annual to bi-ennial: BUT WHEREAS it is proper on all occasions to ascertain the will of the people, whenever it can be done without interfering with the ordinary course of Legislation: Therefore, Be it resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby resolved by the authority of the same , That on the first Monday in October, 1840, the voters of this State be requested to endorse on their tickets, the words Annual , or Biennial , and they may favor the meeting of the Legislature every year or once in two years: and that the resolution be published in the

Page 244

newspapers in this State for three months before the first Monday in October aforesaid. JOSEPH DAY; Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 21st December, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. CHARLES J. McDONALD, Governor. Approved, 24th December, 1839. HOUSE OF REPRESENTATIVES. Whereas the General Assembly, at the last session thereof, appropriated the sum of six thousand and seventy-five dollars, for the improvement of the navigation of Flint river, authorizing his Excellency the Governor to draw his warrant in favor of the Commissioners for the same: And WHEREAS the amount has nearly been expended, and the Commissioners have drawn from your treasury the full amount of said appropriation: And WHEREAS the Commissioners have paid over the sum of twenty-seven hundred dollars, and utterly refuse to pay over any portion of the balance: Be it therefore resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That his Excellency the Governor be, and he is hereby authorized and requested to cause suit to be instituted against the said Commissioners and their securities, for the recovery of said balance; and that the Governor be instructed to pay over the same to Capt. Joseph Glover, or so much thereof as he shall produce satisfactory vouchers that he expended in the performance of the work, according to the provisions of the aforesaid act of appropriation. In House of Representatives, agreed to, 21st Dec. 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, December 21, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. CHARLES J. McDONALD, Governor. Approved, December 24th, 1839.

Page 245

IN HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That his Excellency the Governor be, and he is hereby directed to send, with the Laws and Journals of the present session, to the county of Murray, eight copies of the Militia Laws of this State, for the use of the Militia officers of said county; and the county of Forsyth eight. And also four copies of Prince's new Digest, for the use of the new created Districts in said county; and six copies of the Militia Laws to the county of Lumpkin. Agreed to, 22d November, 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 21st December, 1839. ROBERT M. ECHOLS, President of the Senate. AttestDavid J. Bailey, Secretary. CHARLES J. McDONALD, Governor. Approved, December 21st, 1839. IN HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That both Houses will convene this day at 11 o'clock, in the Representative Chamber, to elect a Solicitor General for the Chattahoochee Circuit, a Solicitor General for the Coweta Circuit, and a Brigadier General for the 2d Brigade, 10th Division, Georgia Militia. Agreed to, 11th November, 1839. JOSEPH DAY, Speaker of the House of Representatives. AttestJoseph Sturgis, Clerk. In Senate, concurred in, 11th November, 1839. ROBERT M. ECHOLS, President of the Senate. David J. Bailey, Secretary. CHARLES J. McDONALD, Governor. Assented to, November 11th, 1839.

Page 1

APPENDIX TREASURER'S REPORT. TREASURY DEPARTMENT, GEORGIA, [UNK] Milledgeville, 9th November, 1839. To the Honorable House of Representatives, of the State of Georgia: I have the honor to transmit herewith a Report of the Receipts and Expenditures of this Department for the political year, 1839. Very respectfully, T. HAYNES, Treasurer. A Statement of Receipts and Payments at the Treasury of the State of Georgia, from the 1st day of November, 1838, to the 31st day of October, 1839, both days inclusive . DR. CASH. For amount received from the 1st day of November, 1838, to the 31st day of October, 1839, both days inclusive, and placed to the credit of the following accounts: State Stock $511,050 Dividend on Bank Stock 39,350 Tax on Bank Stock 12,535 11 Vendue Tax 543 52 Sale of Fraudulent Lots 367 87 Funds raised by Grant Fees on Gold Lots 6,210 Funds raised by Grant Fees on Cherokee Land Lots 6,645 Funds raised by Grant Fees on Lottery of 1827 2,605 Funds raised by Grant Fees on Lottery of 1821 700 20 Funds raised by Grant Fees on Lottery of 1820 2,535 Funds raised by Grant Fees on Head Rights 2,010 50 Funds raised by Grant Fees on Cherokee Fractions 210 Funds raised by Grant Fees on Fractions of 1827 153 Funds raised by Grant Fees on Fractions of 1822 204 Funds raised by Grant Fees on Columbus Lots 333 Funds raised by Grant Fees on Macon Lots 9 Funds raised by Grant Fees on Fraudulent Lots 16 Funds raised by Grant Fees on Lots 10 and 100 6 Funds raised by Grant Fees on Testimonials 247 5 Funds raised by Grant Fees on Copy Grants 276 $586,026 50 Balance of cash remaining in the Treasury, 31st October, 1838 16,063 22 Bank Stock 10,000 Paper medium 2,787 73 Macon Bank Bills 1,122 Counterfeit money 31 CR. By amount of Governor's Warrants, and President's and Speaker's Warrants, paid from the 1st day of November, 1838, to the 31st day of October, 1859, both days inclusive: Civil Establishment of 1839 $27,862 50 Civil Establishment of 1838 11,430 71 Special Appropriation of 1839 162,797 24 Special Appropriation of 1838 9,622 62 Special Appropriation of 1837 216,820 68 Special Appropriation of 1836 322 56 Contingent Fund of 1839 13,255 53 Contingent Fund of 1838 3,457 94 Contingent Fund of 1837 32 Printing Fund of 1839 19, 973 94 Printing Fund of 1836 38 Military Fund of 1839 2,889 50 Military Fund of 1838 2,919 59 Appropriation for county Academies 10,234 03 Poor School Fund 11,275 86 Fund for the Redemption of the Public Debt 30 94 President's and Speaker's Warrants for the expenses of the Legislature for the session of 1838 97,349 25 $590,312 89 Respectfully submitted, by T. HAYNES, Treasurer.

Page 2

COMPTROLLER GENERAL'S REPORT. COMPTROLLER GENERAL'S OFFICE, [UNK] Milledgeville, 8th November, 1839. I have the honour herewith to present to the Senate a statement of the Receipts and Disbursements at the Treasury, during the political year 1839, which is most respectfully submitted. JOHN G. PARK, Comptroller General. Thomas Hasynes, Esquire, Treasurer, in account with the State of Georgia, for Receipts and Disbursements at the Treasury, during the Political year 1839, viz: from the first day of November, 1838, to the 31st day of October, 1839, inclusive . DR. Balance on hand, 1st November, 1838, $ 6,897 96 State Stock, 511,050 Dividend on Bank Stock, 39,350 Tax on Bank Stock, 12,535 11 Vendue Tax, 543 52 Sale of Fraudulent Lots, 367 87 Fees on Grants. Gold Lots, 6,210 Fees on Grants. Cherokee Land Lots, 6,645 Fees on Grants. Lottery of 1827, 2,605 Fees on Grants. Lottery of 1821, 720 Fees on Grants. Lottery of 1820, 2,535 Fees on Grants. Head Rights, 2,010 50 Fees on Grants. Columbus Lots, 333 Fees on Grants. Macon Lots, 9 Fees on Grants. Lots No. 10 and 100 6 Fees on Grants. Fraudulent Lots 16 Fees on Grants. Fractions in Cherokee 210 Fees on Grants. Fractions of 1827, 153 Fees on Grants. Fractions of 1822 204 Fees on Grants. Copy grants 276 Fees on Grants. Testimonials 247 50 $592,924 46

Page 3

CR By President and Speaker's Warrants for session of 1838 97,349 25 Appropriation for County Academies 10,234 03 Appropriation for Poor School Fund 11,275 86 Appropriation for Civil Establishment. for 1838 11,430 71 Appropriation for Contingent Fund. for 1837, 32 Appropriation for Contingent Fund. for 1838 3,457 94 Appropriation for Military Fund, for 1838 2,919 59 Special Appropriation for 1836, 322 56 Printing Fund for 1836 38 Special appropriation, for 1837 216,820 68 Fund for redemption of Public debt, 30 94 Special appropriation for 1838 9,622 62 Civil Establishment, for 1839 27,962 50 Military Fund, for 1839 2,889 50 Contingent Fund, 1839 13,255 53 Printing Fund, 1839 19,973 94 Special arpropriation 1839 Special arpropriation for taking census in 1838 17,764 Special arpropriation for Penitentiary 10,000 Special arpropriation for Expenses during Convention 32,295 50 Special arpropriation for Government House 19,000 Special arpropriation for Payment of Militia in service in 1838 50,000 Special arpropriation Various purposes 33,738 24 $590,313 39 Balance 2,611 07 $592,924 46 APPROPRIATIONS Balances unexpended and undrawn, 31st Oct. 1839, viz.: Civil Establishment for 1835 22 24 Civil Establishment for 1836 49 26 Civil Establishment for 1839 19,598 27 Contingent Fund, 1833 31 90 Contingent Fund, 1834 100 24 Contingent Fund, 1835 56 Contingent Fund, 1836 34 25 Contingent Fund, 1837 29,988 65 Contingent Fund, 1838 32,478 84 Contingent Fund, 1839 37,833 96 Military Fund, 1836 and 1837 1,813 02 Military Fund, 1838 6,217 41 Military Fund, 1839 7,110 50 Penitentiary Fund, 1833 5,388 01 Penitentiary Fund, 1834 3,011 94 Penitentiary Fund, 1835 6,339 52 Penitentiary Fund, 1836 7,084 11 Penitentiary Fund, 1837 2,754 67 Printing Fund, 1838 712 52 Printing Fund, 1839 26 06 Special appropriation, 1836 916 11 Special appropriation, 1837 256,021 17 Special appropriation, 1838 7,000 Special appropriation, 1839 17,600

Page 4

A STATEMENT OF WARRANTS Drawn on the Treasurer during the political year eighteen hundred and thirty-nine, or between the first Monday in November, eighteen hundred thirty-eight, and the first Monday in November, eighteen hundred and thirty-nine. APPROPRIATION FOR COUNTY ACADEMIES. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Am't 1838. Nov'r. 7 2 Trustees Salem Acd'y. ofco. For am't due said Academy by distribution of 1838. 115 61 7 7 Trustees Jefferson Acd'y. of Muscogee Co. For am't due said Academy by distribution of 1838. 54 22 7 12 Trustees Tattnall co. Acd'y. of Tattnall Co. For am't due said Academy by distribution of 1838. 99 00 8 18 Trustees Sparta Fe. model Acd'y. of Hancock Co. For am't due said Academy by distribution of 1838. 247 09 9 19 Trustees Philomathea Acd'y. of Elbert Co. For am't due said Academy by distribution of 1838. 123 13 10 27 Trustees Sumter co. Acd'y. of Sumter Co. For am't due said Academy by distribution of 1838. 37 00 10 28 Trustees U. Hill Acd'y. of Upson Co. For am't due said Academy by distribution of 1838. 43 67 10 34 Trustees Chattooga Acd'y. of Floyd Co. For am't due said Academy by distribution of 1838. 69 00 12 36 Trustees Monroe Acd'y. of Walton Co. For am't due said Academy by distribution of 1838. 211 18 12 37 Trustees Elberton Male, Acd'y. of Elbert Co. For am't due said Academy by distribution of 1838. 183 12 12 38 Trustees Elberton F. male Acd'y. of Elbert Co. For am't due said Academy by distribution of 1838. 135 75 12 39 Trustees Watkinsville Acd'y. of Clark Co. For am't due said Academy by distribution of 1838. 241 39 12 40 Trustees Monaghan Acd'y. of Warren Co. For am't due said Academy by distribution of 1838. 161 35 13 45 Trustees Jackson Acd'y. of Butts Co. For am't due said Academy by distribution of 1838. 118 53 14 47 Trustees Farmers Acd'y. of Walton Co. For am't due said Academy by distribution of 1838. 68 86 14 48 Trustees Pace's Acd'y. of Putnam Co. For am't due said Academy by distribution of 1838. 55 47 14 49 Trustees Greensboro' Acd'y. of Greene Co. For am't due said Academy by distribution of 1838. 415 00 14 51 Trustees Henry co. Acd'y. of Henry Co. For am't due said Academy by distribution of 1838. 126 78 15 53 Trustees Social Circle Acd'y. of Walton Co. For am't due said Academy by distribution of 1838. 123 96 16 56 Trustees Lumpkin co. Acd'y. of Lumpkin Co. For am't due said Academy by distribution of 1838. 198 00 17 59 Trustees Villaricca Acd'y. of Carroll Co. For am't due said Academy by distribution of 1838. 73 17 17 60 Trustees Madison co. Acd'y. of Madison, Co. For am't due said Academy by distribution of 1838. 185 00 17 62 Trustees Stone Creek Acd'y. of Twiggs, Co. For am't due said Academy by distribution of 1838. 67 17 21 64 Trustees Marion Acd'y. of Twiggs, Co. For am't due said Academy by distribution of 1838. 67 17 22 66 Trustees Evansville Acd'y. of Morgan Co. For am't due said Academy by distribution of 1838. 70 93 23 72 Trustees Union Acd'y. of Morgan Co. For am't due said Academy by distribution of 1838. 75 50 24 75 Trustees Columbia co. Acd'y. of Columbia Co. For am't due said Academy by distribution of 1838. 215 60 24 76 Trustees Oakhill Acd'y. of Columbia Co. For am't due said Academy by distribution of 1838. 185 40 26 77 Trustees Coweta co. Acd'y. of Coweta Co. For am't due said Academy by distribution of 1838. 227 00 27 78 Trustees P. S. F. of Bryan co. Acd'y. of Bryan Co. For am't due said Academy by distribution of 1838. 98 00 27 82 Trustees Union Acd'y. of Pike Co. For am't due said Academy by distribution of 1838. 103 53 28 83 Trustees Union Hill Acd'y. of Wilkinson Co. For am't due said Academy by distribution of 1838. 32 75 30 37 Trustees Franklin Acd'y. of Upson Co. For am't due said Academy by distribution of 1838. 42 89 30 88 Trustees LaGrange Fe. Acd'y. of Troup Co. For am't due said Academy by distribution of 1838. 149 68 Decr. 1 90 Trustees Double B. Acd'y. of Lincoln Co. For am't due said Academy by distribution of 1838. 53 25 1 92 Trustees West Point Acd'y. of Troup Co. For am't due said Academy by distribution of 1838. 81 48 10 100 Trustees Pleasant Grove Acd'y. of Decatur Co. For am't due said Academy by distribution of 1838. 163 00 13 104 Trustees Greenville Acd'y. of Meriwether Co. For am't due said Academy by distribution of 1838. 209 00 13 106 Trustees Goshen Acd'y. of Lincoln Co. For am't due said Academy by distribution of 1838. 53 25 14 111 Trustees Zebulon Acd'y. of Pike Co. For am't due said Academy by distribution of 1838. 160 47 14 112 Trustees Jenkins Acd'y. of Harris Co. For am't due said Academy by distribution of 1838. 49 68 17 150 Trustees Tranquil In. Acd'y. of Liberty Co. For am't due said Academy by distribution of 1838. 41 92 17 152 Trustees Gumspring Acd'y. of Washing'n Co. For am't due said Academy by distribution of 1838. 96 58 17 155 Trustees Franklin co. Acd'y. of Franklin Co. For am't due said Academy by distribution of 1838. 403 00 18 172 Trustees Lincoln M. and F. Acd'y. of Lincoln Co. For am't due said Academy by distribution of 1838. 106 50 19 179 Trustees Telfair co. Acd'y. of Telfair Co. For am't due said Academy by distribution of 1838. 83 00 20 198 Trustees Watkinsville Acd'y. of Liberty Co. For am't due said Academy by distribution of 1838. 95 09 21 205 Trustees Cassville Acd'y. of Cass Co. For am't due said Academy by distribution of 1838. 58 00 1838 $ Dec. 22 224 Trust's. Clayton Ac. of Rabun co. For amn' due said Ac'dy by distribution of 1838, 137 00 26 238 Trust's. Pleasant Grove Ac. of Burke co. For amn' due said Ac'dy by distribution of 1838, 204 67 26 239 Trust's. Waynesboro Ac. of Burke co. For amn' due said Ac'dy by distribution of 1838, 196 33 26 240 Trust's. County Ac. of Wilkinson co. For amn' due said Ac'dy by distribution of 1838, 32 75 29 259 Trust's. Washington Ac. of Gwinnett co. For amn' due said Ac'dy by distribution of 1838, 316 57 29 261 Trust's. Sen. of Cobb co. Ac. of Cobb co. For amn' due said Ac'dy by distribution of 1838, 71 00 1839. Jany. 9 285 Trust's. Richmond co. Ac. of Richmond co. For amn' due said Ac'dy by distribution of 1838, 418 00 10 288 Trust's. Etowah Ac. of Cherokee co. For amn' due said Ac'dy by distribution of 1838, 54 00 19 307 Trust's. Blountsville Ac. of Upson co. For amn' due said Ac'dy by distribution of 1838, 40 60 30 324 Trust's. Mt. Fleasant Ac. of Wilkinson co. For amn' due said Ac'dy by distribution of 1838, 32 75 30 325 Trust's. Planter's Ac. of Twiggs co. For amn' due said Ac'dy by distribution of 1838, 100 76 Feby. 20 381 Trust's. Stewart co. Ac. of Stewart co. For amn' due said Ac'dy by distribution of 1838, 134 79 21 382 Trust's. Liberty Hill Ac. of Wilkinson co. For amn' due said Ac'dy by distribution of 1838, 32 75 May 8 477 Trust's. Blakely Ac. of Early co. For amn' due said Ac'dy by distribution of 1838, 82 00 13 493 Trust's. Mt. Pleasant Ac. of Talbot co. For amn' due said Ac'dy by distribution of 1838, 103 76 13 494 Trust's. Irwin co. Ac. of Irwin co. For amn' due said Ac'dy by distribution of 1838, 51 00 15 797 Trust's. Clayton Ac. of Crawford co. For amn' due said Ac'dy by distribution of 1838, 75 61 Sept. 12 903 Trust's. Forsyth M. and F. Ac. of Monroe co. For amn' due said Ac'dy by distribution of 1838, 114 72 Oct. 19 923 Trust's. Lee Co. Academy Lee For arrearages by act of 1838 933 39 1838 Nov. 13 46 Trust's. Cicero Co. Academy Monroe For arrearages by act of 1837 40 70 Dec. 13 107 Trust's. Sunbury Co. Academy Liberty For arrearages by act of 1837 27 30 1839. Jan. 10 287 Trust's. Etowah Co. Academy Cherokee For arrearages by act of 1837 54 00 1838 Nov. 24 74 Trust's. Oakridge Co. Academy Talbot For arrearages by act of 1835 65 05 1839 Jan. 17 303 Trust's. Randolph co. Academy Randolph distributions of 1834 to 1838 200 00 25 318 Trust's. Pulaski co. Academy Pulaski distributions of 1832 to 1838 1,317 50 $10,913 12

Page 5

POOR SCHOOL FUND. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Am't. 1838. dolls. cts. Nov'r. 7 3 Trustee Poor School Fund of Pike county, by distribution of 1838, 282 78 7 6 Trustee Poor School Fund of Monroe Co. by distribution of 1838, 583 38 7 8 Trustee Poor School Fund of Lincoln Co. by distribution of 1838, 167 10 7 13 Trustee Poor School Fund of Tattnall Co. by distribution of 1838, 109 26 8 15 Trustee Poor School Fund of Wilkinson Co. by distribution of 1838, 287 10 9 22 Trustee Poor School Fund of Campbell Co. by distribution of 1838, 203 88 12 35 Trustee Poor School Fund of Habersham Co. by distribution of 1838, 615 72 13 42 Trustee Poor School Fund of Dooly Co. by distribution of 1838, 111 90 14 50 Trustee Poor School Fund of Irwin Co. by distribution of 1838, 63 96 16 57 Trustee Poor School Fund of Jones Co. by distribution of 1838, 371 75 17 58 Trustee Poor School Fund of Butts Co. by distribution of 1838, 202 02 17 61 Trustee Poor School Fund of Madison Co. by distribution of 1838, 201 90 22 65 Trustee Poor School Fund of Lumpkin Co. by distribution of 1838, 278 13 23 68 Trustee Poor School Fund of Meriwether Co. by distribution of 1838, 238 15 27 79 Trustee Poor School Fund of Bryan Co. by distribution of 1838, 43 38 27 80 Trustee Poor School Fund of Effingham Co. by distribution of 1838, 102 66 29 84 Trustee Poor School Fund of Oglethorpe Co. by distribution of 1838, 318 78 29 85 Trustee Poor School Fund of Laurens Co. by distribution of 1838, 180 30 30 89 Trustee Poor School Fund of Troup Co. by distribution of 1838, 302 10 Dec'r. 1 91 Trustee Poor School Fund of Coweta Co. by distribution of 1838, 263 73 3 93 Trustee Poor School Fund of Clark Co. by distribution of 1838, 308 04 13 105 Trustee Poor School Fund of Crawford Co. by distribution of 1838, 165 84 17 151 Trustee Poor School Fund of Franklin Co. by distribution of 1838, 451 02 18 173 Trustee Poor School Fund of Elbert Co. by distribution of 1838, 383 34 1839. Dec. 19 178 Trustee Poor School Fund of Telfair co. by distribution of 1838, 89 22 20 199 Trustee Poor School Fund of Columbia by distribution of 1838, 259 02 21 207 Trustee Poor School Fund of Cass by distribution of 1838, 99 25 22 216 Trustee Poor School Fund of Thomas by distribution of 1838, 143 94 22 222 Trustee Poor School Fund of Walton by distribution of 1838, 424 68 22 225 Trustee Poor School Fund of Rabun by distribution of 1838, 178 92 29 256 Trustee Poor School Fund of Paulding by distribution of 1838, 75 97 29 262 W. Guess, Senator of Cobb by distribution of 1838, 233 06 1839. Jan. 23 314 Trustee Poor School Fund of Putnam by distribution of 1838, 317 64 Feb. 25 386 Trustee Poor School Fund of Scriven by distribution of 1838, 132 96 Mar. 9 389 Trustee Poor School Fund of Twiggs by distribution of 1838, 272 88 May 6 469 Trustee Poor School Fund of Forsyth by distribution of 1838, 144 73 1838. Nov'r. 7 1 Trustee Poor School Fund of Liberty by distribution of 1837 and 1838, 189 36 13 41 Trustee Poor School Fund of Dooly by distribution of 1837, 111 90 Dec. 21 213 Trustee Poor School Fund of Thomas by distribution of 1835, 134 34 21 214 Trustee Poor School Fund of Thomas by distribution of 1836, 134 34 21 215 Trustee Poor School Fund of Thomas by distribution of 1837, 143 94 29 263 Trustee Poor School Fund of Camden by distribution of 1833 4, 5, 6, 7, 8, 505 78 1839. Jan. 25 319 Trustee Poor School Fund of Pulaski by distribution of '36 to '38, inclu. 527 20 Feb. 25 385 Trustee Poor School Fund of Scriven by distribution of 1837, 132 96 May 8 480 Trustee Poor School Fund of Walker by distribution of 1834 to 1838, 215 34 9 486 Trustee Poor School Fund of Gilmer by distribution of 1836, 7 8, 140 94 20 805 Trustee Poor School Fund of Floyd by distribution of 1834 to 1838, 431 26 $11,275 86

Page 6

SPECIAL APPROPRIATION, 1839. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Am't. 1838. Dec. 14 113 W. Glenn, for taking the Census in 1837, in Oglethorpe county, 227 25 15 114 Sol. Arnold for taking the Census in 1837, in Wilkinson county, 121 25 15 115 James Hatfield, for taking the Census in 1837, in Wilkinson county, 100 75 15 116 R. A. Prior for taking the Census in 1837, in Morgan county, 66 75 15 117 John H. Powell for taking the Census in 1837, in Crawford county, 104 25 15 118 J. P. French for taking the Census in 1837, in Macon county, 93 50 15 119 J. M. Tilford for taking the Census in 1837, in Macon county, 48 25 15 120 H. Gissendanner for taking the Census in 1837, in Lee county, 84 75 15 121 G. W. Har'n. D. Hol'n. for taking the Census in 1837, in Randolph county, 180 15 122 Larkin Kendricks for taking the Census in 1837, in Dade county, 34 25 15 123 J. Williams S. Sisk, for taking the Census in 1837, in Habersham county, 298 25 15 124 Jesse Lambreth for taking the Census in 1837, in Floyd county, 57 50 15 125 E. Mattox for taking the Census in 1837, in Ware county, 72 75 15 126 S. D. Betton for taking the Census in 1837, in Baldwin county, 131 50 15 127 S. Stamper, for taking the Census in 1837, in Pike county, 267 15 128 H. E. Haralson for taking the Census in 1837, in Walton county, 103 15 130 D. H. Hampton A. Lan'r. for taking the Census in 1837, in Madison county, 152 75 15 131 Joseph Lambreth for taking the Census in 1837, in Fayette county, 218 75 15 132 Levi J. Russell for taking the Census in 1837, in Chatham county, 651 15 133 H. L. Allison N. Holly for taking the Census in 1837, in Marion county, 137 25 15 134 G. W. Collins for taking the Census in 1837, in Talbot county, 118 25 15 135 T. R. Edison for taking the Census in 1837, in Wilkes county, 61 15 136 David Kimbry for taking the Census in 1837, in Union county, 87 76 15 137 N. J. Holton for taking the Census in 1837, in Appling county, 70 25 15 138 J. W. Keith for taking the Census in 1837, in Decatur county, 136 50 15 139 Peter Strickland for taking the Census in 1837, in Bulloch county, 94 75 15 140 W. K. Watts for taking the Census in 1837, in Heard county, 61 50 15 141 J. S. Elliott A. S. Avery for taking the Census in 1837, in Cherokee county, 169 50 17 142 Garrison, Bar't. McCl'y. for taking the Census in 1837, in Hall county, 284 50 1839. Dec. 17 143 S. S. Akins for taking the Census of 1837, in Wayne county, 33 25 17 144 J. V. Wells, for taking Census of 1837, in Bryan county, 44 50 17 145 J. C. Parks, for taking Census of 1837, in Monroe county, 65 75 17 146 Stocks Cantril, for taking Census of 1837, in Lumpkin county, 230 75 17 147 W. Cunningham Brown, for taking Census of 1837, in Elbert county, 279 25 17 149 J. Langley, for taking Census of 1837, in Monroe county, 96 75 17 153 W. B. Cone, for taking Census of 1837, in Bibb county, 170 75 17 154 Robert Paxton, for taking Census of 1837, in Camden county, 91 17 156 E. C. Du'n. D. K. Ma'x., for taking Census of 1837, in Laurens county, 140 75 17 157 Bell, Caswell, E. B. M. H. Lewis, for taking Census of 1837, in Burke county, 273 17 158 D. C. Heard, for taking Census of 1837, in Meriwither county, 236 17 159 J. A. Camp, for taking Census of 1837, in Campbell county, 180 50 17 160 G. J. Noble, for taking Census of 1837, in McIntosh county, 161 17 161 G. A. Durrenco, for taking Census of 1837, in Tattnall county, 93 25 17 162 W. Christian, for taking Census of 1837, in Troup county, 143 17 163 E. Thompson, for taking Census of 1837, in Paulding county, 88 75 17 164 R. Groves, for taking Census of 1837, in Cobb county, 226 18 165 H. M. D. King, for taking Census of 1837, in Sumter county, 76 18 166 Ballinger Tuggle, for taking Census of 1837, in DeKalb county, 391 75 18 167 G. Durham, for taking Census of 1837, in Carroll county, 160 50 18 168 Joseph Waters, of 1837, in Floyd county, 79 25 18 169 B. S. Hardman, for taking Census of 1837, in Cass county, 61 75 18 170 G. W. Underwood, for taking Census of 1837, in Cass county, 165 75 18 171 Hugh Henderson, for taking Census of 1837, in Lincoln county, 75 75 18 174 Lindley Brown, for taking Census of 1837, in Walton county, 195 75 18 175 Neal, Looney, Crump Farnner, for taking Census of 1837, in Franklin county, 333 75 18 176 John Franklin, for taking Census of 1837, in Newton county, 121 25 19 180 James A. Rogers, for taking Census of 1837, in Telfair county, 78 75 19 181 T. J. Fears, for taking Census of 1837, in Jasper county, 47 25 19 182 Jacob Young, for taking Census of 1837, in Irwin county, 61 19 183 J. H. Norman, for taking Census of 1837, in Wilkes county, 50 19 184 N. McBryde, for taking Census of 1837, in Early county, 129 50 19 185 K. Rambo A. R. Smith, for taking Census of 1837, in Gwinnett county, 368 75 19 186 John A. Wynn, for taking Census of 1837, in Pulaski county, 73 25 19 187 M. R. Meadows and J. J. Stephens, for taking Census of 1837, in Upson county, 195 75 19 188 J. Crosby W. B. Jones, for taking Census of 1837, in Wilkes county, 108 50 19 189 D. Sallant, for taking Census of 1837, in Forsyth county, 92 50 19 190 John Hall, for taking Census of 1837, in Butts county, 92 19 191 W. W. Vaughn, for taking Census of 1837, in Forsyth county, 99 25 20 192 J. H. Miller, for taking Census of 1837, in Jasper county, 71 50 20 194 W. W. Maund, for taking Census of 1837, in Jefferson county, 154 25 20 195 Collins Brantley, for taking Census of 1837, in Washington county, 173 75 20 196 C. W. Roby, for taking Census of 1837, in Baker county, 70 75 20 197 John McKennon, for taking Census of 1837, in Thomas county, 153 50 20 200 Fife Henry, for taking Census of 1837, in Harris county, 228 20 201 Doyle Tarver, for taking Census of 1837, in Richmond county, 563 25 20 202 John C. Sheffield, for taking Census of 1837, in Dooly county, 66 20 203 Lowe Morton, for taking Census of 1837, in Jones county, 128 75 20 204 J. T. Owens, for taking Census of 1837, in Meriwether county, 119 75 20 206 Peters Williams, for taking Census of 1837, in Jones county, 93 75 21 210 D. Dennis, for taking Census of 1837, in Warren county, 105 50 20 211 Adam Jones, for taking Census of 1837, in Warren county, 155 25 20 211 Jarrard Dover, for taking Census of 1837, in Rabun county, 83 75 22 217 C. Bradshaw, for taking Census of 1837, in Pulaski county, 53 75 22 218 J. Byars, for taking Census of 1837, in Butts county, 50 22 219 B. C. Duke, for taking Census of 1837, in Talbot county, 62 75 22 220 T. V. Brodnax, for taking Census of 1837, in Putnam county, 40 50 22 221 Gill Hoge, for taking Census of 1837, in Walker county, 205 24 226 R. H. Jones, for taking Census of 1837, in Columbia county, 107 50 Dec. 24 227 John Whittington, For taking Census, 1837, in Crawford county, 101 25 228 W. F. McCord for taking Census, 1837, in Murray county, 105 75 25 229 W. Little for taking Census, 1837, in Taliaferro county, 62 25 231 B. Wood for taking Census, 1837, in Washington county, 80 50 25 233 J Justice J. Fenn for taking Census, 1837, in Hancock county, 94 25 234 W. Campbell for taking Census, 1837, in Jasper county, 48 25 235 W. Erwin for taking Census, 1837, in Gilmer county, 62 50 26 237 P. H. Dawson for taking Census, 1837, in Putnam county, 57 50 26 241 S. Dickson for taking Census, 1837, in Coweta county, 135 50 27 242 L. H. Young J. McKar. for taking Census, 1837, in Troup county, 163 27 243 B. Langford for taking Census, 1837, in Clark county, 77 27 244 S. S. Moody for taking Census, 1837, in Liberty county, 92 25 27 246 J. Flanders for taking Census, 1837, in Emanuel county, 101 50 27 247 J. Blackshear for taking Census, 1837, in Twiggs county, 107 25 28 248 H. D. Youngblood for taking Census, 1837, in Sumter county, 76 28 249 T. M. Speer for taking Census, 1837, in Monroe county, 75 75 28 250 W. M. Harris for taking Census, 1837, in Clark county, 102 28 251 T. F. Lowe for taking Census, 1837, in Clark county, 58 28 252 J. Stallings for taking Census, 1837, in Talbot county, 73 50 28 253 R. M. Turner for taking Census, 1837, in Putnam county, 60 28 254 T. M. Furlow for taking Census, 1837, in Bibb county, 67 25 28 255 G. W. Short for taking Census, 1837, in Muscogee county, 350 28 257 R. N. Parish N. Cam'l. for taking Census, 1837, in Lowndes county, 241 29 258 H. S. Graybill for taking Census, 1837, in Hancock county, 47 75 1839. Jan'y. 1 273 Lewis Coppage for taking Census, 1837, in Houston county, 68 3 277 H R. Harman for taking Census, 1837, in Monroe county, 101 50 7 281 Robert Brown for taking Census, 1837, in Houston county, 86 25 7 282 A. Lemon H. N. Pope for taking Census, 1837, in Henry county, 227 75 9 283 W. S. Williams for taking Census, 1837, in Jasper county, 78 25 10 289 B. Northern for taking Census, 1837, in Coweta county, 160 11 290 J. D. Adkins for taking Census, 1837, in Taliaferro county, 37 25 11 291 S. Brown for taking Census, 1837, in Twiggs county, 82 16 300 D. Sanford J. G. Holtsclaw for taking Census 1837, in Greene county, 120 75 17 301 R. P. Ellis for taking Census, 1837, in Henry county, 93 50 19 304 T. Wood for taking Census, 1837, in Heard county, 73 19 308 Joel Daus for taking Census, 1837, in Putnam county, 38 22 312 R. M. Campbell for taking Census, 1837, in Lincoln county, 76 22 313 R. H. Shearman for taking Census, 1837, in Stewart county, 158 25 23 316 T. Stapler E. McMil'n. for taking Census, 1837, in Jackson county, 259 50 Feb'y. 1 327 J. Smith D Rogers for taking Census, 1837, in Newton county, 233 75 1 328 J. K. Sanford for taking Census, 1837, in Greene county, 52 25 6 373 E. K. Hodges for taking Census, 1837, in Houston county, 95 12 377 W. Yarbrough for taking Census, 1837, in Harris county, 102 75 14 379 M. M. S. Woodsworth for taking Census, 1837, in Stewart county, 146 25 22 383 John Dasher for taking Census, 1837, in Effingham county, 76 25 384 J. C. Maund for taking Census, 1837, in Talbot county, 103 Mar. 13 396 T. Marshall for taking Census, 1837, in Dooly county, 72 75 April 13 413 W. Woods for taking Census, 1837, in Morgan county, 46 27 426 J. T. Bentley for taking Census, 1837, in Henry county, 84 May 6 467 Jos. Sykes for taking Census, 1837, in Houston county, 51 50 8 474 J. J. McFarland for taking Census, 1837, in Montgomery county, 51 25 8 475 T. J. Shepherd for taking Census, 1837, in Morgan county, 29 14 795 S. Moore for taking Census, 1837, in Glynn county, 43 50 $17,852 75

Page 9

SPECIAL APPROPRIATION1839. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Am't. 1838. FOR VARIOUS PURPOSES. Decr. 29 260 Daniel Newnan For amount appropriated to him for defraying expenses incurred for music at reviews. 335 50 31 264 Asa Bates for amount appropriated to him for improvement of the Chattahoochee river, 15,000 31 265 P. L. Robinson for amount appropriated to his use for printing Bank reports, 1,388 31 266 T. M. Griffin for pay as clerk in Surveyor General's office, 210 31 267 J. Crawford for salary as President of the Board of Commissioners of the Western and Atlantic Railroad, 1,500 31 268 G. B. Ball for amount appropriated to his use by Legislature of 1838. 58 31 269 Joseph Park for services as clerk in the office of the Comptroller General, 275 1839. Jan'y. 1 271 W. Y. Hansell for services as Commissioner to examine into the condition of the Central Bank, 250 2 274 Ins. Penitentiary amt. app'd by the Legislature to defray expenses of the Institution in 1839, 10,000 2 276 I. T. Cushing for amount advanced to him for the purchase of iron for arsenal in Milledgeville, 100 3 278 Building Com. for completion of Gov't House, 6,000 12 294 G. R. Clayton for services as Comm'r. to examine into the condition of the Central Bank, 250 14 299 E. Sinclair for salary as Comm'r. of the Indigent deaf and dumb, 600 21 310 C. F. Fickling for the improvement of the navigation of Flint river, by act of 1838, 924 32 28 322 N. G. Foster for costs due him as Sol. Gen'l. in the prosecution of a Penitentiary convict, for escape, 18 12 29 323 A. S. Rutherford in payment for lots in the town of Columbus, sold to him, but previously sold by the State, 154 46 Feb'y. 1 326 N. M. Robinson for Jail fees due him for the keeping of Jim Henry, and other Indians, 60 45 7 374 James Fulwood for bearing an express from Waresboro' to Milledgeville, 41 14 11 376 J. T. Lamar for extra services rendered the Legislature, 100 March 9 391 I. T. Cushing, Sen, for articles furnished for, and work done in the arsenal at Milledgeville, 287 67 11 394 T. Porter for defraying expenses in erecting Gov't House, 5,000 11 395 T. Porter for defraying expenses in erecting Gov't House, 5,000 20 398 Y. P. King, Com'r for amount paid him as Comr to pay Militia in the Seminole service, by act 1838, 50,000 27 402 S. Fariss for his salary as R. Road Com'r. 1,250 April 5 404 E. Sinclair for his 1st quarter's salary as Com'r indigent deaf and dumb persons. 150 April 5 405 E. Sinclair for amount appropriated by Legis lature of 1838, for the support of deaf and dumb persons, 4,500 April 9 409 W. R. H. Mosely for his 1st quarter's salary as Chaplain of the Penitentiary, 37 50 12 411 C. W. Howard for his services as agent to London to procure Colonial Records, 2,500 16 416 T. Porter for defraying expenses of Gov'ment house, in the erection thereof, 2,000 May 7 470 Thomas Stocks for his services as Com'r. to examine into the condition of the Centra Bank. 250 7 473 I. Shaw for bearing an express from Lowndes co. to this place, 45 71 8 478 I. I. Blackwell for bearing an express from Elbert to the Governor, 25 8 479 N. Tift, trustee for arrearages due Baker co. Acd'y by special appr. 1839, 255 8 481 Seth Strange for bearing an express to Govnr. by act of 1838, 25 11 491 Y. P. King for pay as Com'r. to pay off militia, by act of 1838, 1,000 11 492 T. Porter for am't advanced to him as superintendant Government House, 1,000 24 808 A. Bird and others for the improvement of the navigation of the Great Ogeechee river, 1,200 June 5 819 Richard Rockett for work done in the arsenal at Milledgeville, 80 62 5 821 H. P. Humphrey for work done in the arsenal at Milledgeville, 90 July 31 833 W. R. H. Mosely for his 2d quarter's salary as Chaplain to the Penitentiary, 37 50 Octr. 16 922 W. R. H. Mosely for his 3d quarter's salary as Chaplain to the Penitentiary, 37 50 Nov. 1 933 L. LaTaste, Bookkeeper for work done in the Penitentiary for the arsenal, as pr account, 88 25 1 926 D. W. Lewis, S. E. D. for effecting insurance on public buildings in Milledgeville, 400 1839. Feby. 4 364 W. A. Tennillle for the 1st qurter's pay of Clerk in Sec. of State's office, 250 9 365 Jesse Cox for the 1st quarter's pay of clerk in Surveyor General's office, 250 4 366 B. A. White for the 1st quarter's pay of him as an Inspector of the Penitentiary, 62 50 4 367 C. J. Paine for the 1st quarter's pay of him as an Inspector of the Penitentiary, 62 50 4 368 E. Bails for the 1st quarter's pay of him as an Inspector of the Penitentiary, 62 50 May 6 460 W. A. Tennille for the 2d quarter's pay of clerk in the Secretary of State's office, 250 6 461 Jesse Cox for the 2d quarter's pay of clerk in the Surveyor General's office, 250 6 462 B. A. White for the 2d quarter's pay of him as an Ins'r of the Penitentiary, 62 50 6 463 C. J. Paine for the 2d quarter's pay of him as an Ins'r of the Penitentiary, 62 50 6 464 E. Bails for the 2d quarter's pay of him as an Ins'r of the Penitentiary, 62 50 Aug. 5 864 W. A. Tennille for the 3d quarter's pay of clerk in the Sec'y of State's office, 250 5 865 Jesse Cox for the 3d quarter's pay of clerk in the Surveyor General's office, 250 5 866 B. A. White for the 3d quarter's pay of him as an Ins. of the Penitentiary, 62 50 5 867 C. J. Paine for the 3d quarter's pay of him as an Ins. of the Penitentiary, 62 50 5 868 E. Bails for the 3d quarter's pay of him as an Ins. of the Penitentiary, 62 50 5 879 O. Childs for his 1st quarter's pay for keeping the clock at State House, 31 25 5 885 O. Childs for his 2d quarter's pay for keeping the clock at State House, 31 25 5 886 O. Childs for his 3d quarter's pay for keeping the clock at State House, 31 25 Novr. 4 970 W. A. Tennille for 4th quarter's pay for clerk in Sec'y of State's office. $250 4 971 Jesse Cox for 4th quarter's pay for clerk in Surveyor General's office, 250 4 972 B. A White for his 4th quarter's pay as Inspr. Penitentiary, 62 50 4 973 C. J. Paine for his 4th quarter's pay as Inspr. Penitentiary, 62 50 4 974 E. Bails for his 4th quarter's pay as Inspr. Penitentiary, 62 50 4 976 O. Childs for his 4th quarter's pay for keeping State House clock, 31 25 $115,399 74

Page 11

SPECIAL APPROPRIATION1838. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Am't. 1838. Nov. 7 4 Inf. Court of Scriven county for the erection of causeways over Brier Creek, 2,435 12 1839. Jany. 16 298 W. R. H. Mosely for his 4th quarter's salary as Chaplain to the Penitentiary, 37 50 May 7 471 Fort, White and Hansell, Comrs for defraying expenses in the erection of Lunatic Asylum, 5,000 $7,472 62 SPECIAL APPROPRIATION1839. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Am't. 1838. Novr. 7 9 Comrs. Ohoopy river for improving said river, 1,500 7 14 Comrs. Canouchee for improving said river, 1,500 23 71 S. H. Long, for Survey and location of W. A. R. Road, during the 4th quarter of 1837, 4,000 1839. Jany. 9 284 I. R. Cotting for his 4th quarter's salary as State Geologist, 625 26 320 T. C. Sullivan for the improvement of Flint river, by appropriation of 1837, 6,075 68 April 8 407 J. R. Cotting for his 2d quarter's salary as State Geologist, 625 13 415 J. Crawford, Pres. for defraying expenses of W. A. Railroad, by app. of 1836 7, 200,000 July 30 832 E. Root for am't advanced to him, by order of Building Com. to construct portico's to State House, 600 Aug. 7 875 J. R. Cotting for his 3d quarter's salary as State Geologist, 625 1838. Aug. 22 889 E. Root amount advanced to him by order of Building Com. to construct Portico to State House, 600 Sept. 19 905 T. J. Chambers for money lost by him when it battle with Creek Indians, at Shepherd's Plantation, 45 Oct. 5 917 E. Root am't. advanced to him by order of Building Com. to construct Por- tico to State House, 300 Oct. 8 920 J. R. Cotting his 3d quarter's salary as State Geologist, $ 625 Nov. 2 938 E. Root for an advance for constructing Portico's to State House 1,500 $213,620 68

Page 12

SPECIAL APPROPRIATION1836. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Amount. 1838. Nov. 10 29 W. Ezzard, For services as Sol. General, in cases of the State vs. Cherokee Indians, certified to by Judge Kenan, 40 30 86 W. Falkner for fees as Sheriff of Walker county, and for boarding do., certified to by Judge Kenan, 18 43 Dec. 10 101 C. Hawks for fees in cases of State vs. Cherokee Indians, certified to by Judge Kenan, 68 87 10 103 C. Hawks for balance in cases of State vs. Cherokee Indians, certified to by Judge Kenan, 15 1839. Mar. 26 401 T. W. Alexander, P. K. for building Stable, Corn-house, c. to Penitentiary, as per audited account, 121 13 May 8 485 Lewis Tomlin for fees as Sheriff and Jailor of Cass county, as per account, certified to by Judge Kenan, 59 13 $322 56 CONTINGENT FUND, 1839. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Amount. 1839. Jan'y. 1 270 James T. Lane For articles furnished for the State, as per audited account, $228 12 1 272 E. M. Cowles Co. for articles purchased for the use of State House fficers, as per audited account, 14 55 2 275 Jesse Cox for defraying expenses incurred by the emplyment of 4 extra Clerks, during the session of 1838. 820 4 279 W. A. Tennille for defraying expenses incurred by the employment of 4 extra clerks during the session of 1838, 820 10 286 E. Daggett, for postage account, from 1st October 1838, to 1st January, 1839, 531 85 11 292 H. Darnell for services as day guard, negro hire, c. as per audited account, 112 75 12 293 James Googins for articles furnished for the burial of the Hon. Robert Brown, Senator from the county of Murray, 15 25 12 296 Ells Sharpe for Stationery for the use of State House offices, as per audited ac't. 41 25 12 299 Otis Childs for articles purchased for State, as per audited account, 72 62 17 302 Beecher. Hammond Brown, for articles of Stationery, as per audited account, 149 38 19 305 Ells Sharpe for articles of Stationery, as per audited account, 13 11 Jan. 19 306 H. R. Ward for rent of a house for the use of the Governor, $100 19 309 I. T. Cushing for working-tools, purchased for the use of the arsenal in Milledgeville, 48 21 311 Thomas Ware for hauling public arms from Floyd county to Milledgeville, 60 84 23 315 Ells Sharpe for Stationary, as per audited ac't. 11 75 24 317 M. E. Edwards for articles furnished the State, as per audited account. 15 93 26 321 J. L. Barringer for making a coffin for, and other expenses incurred in the burial of the Hon. Hobert Brown. Senator from Murray, 45 00 Feb. 4 370 Richardson, Wright Co. for work done on State House, as per audited account, 17 4 371 A. Newsom for pay due State House guard, 285 9 375 Rees Beall for money advanced, and commissions in forwarding and receiving various articles to this Department, 153 34 13 378 W. W. Paine for bearing an express to Gen. Floyd from the Governor, 75 15 380 James Floyd for work done in the Arsenal at Milledgeville, 30 27 387 John Bradley for hauling arms from Floyd county to this place, 54 48 28 388 B. T. Bethune for purchasing Stationery, for the use of the State, 1,500 March 9 392 I. T. Cushing, sr. for work done in the Arsenal at Milledgeville, as per audited account, 54 11 393 T. B. Stubbs for Stationary as per audited account, 138 60 16 397 H. Stone for work done in the Arsenal at Milledgeville, 48 75 26 400 W. W. Paine for bearing an express to Gen. Nelson, 120 April 1 403 James Gladdin for work done in the arsenal at Milledgeville, 175 8 408 Jeremiah Beall for the rent of a house for the Governor, 225 12 410 E. Daggett for postage account of the 1st quarter 1839, as per audited account, 526 22 12 412 J. B. Morrell for binding laws and journals, furnishing blank books, c. as per audited account, 7 13 414 Alex'r. Morrison for binding laws and journal, furnishing blank books, c. as per audited account, 138 16 417 T. Porter for work done on, and materials furnished for State House, 132 68 19 418 W. Daniel for services as Indian agent, as per audited account, 54 26 424 Joshua Covey for work done in arsenal at Milledgeville, as per audited account, 60 27 425 D. Kramer for taking care of, and cleaning Rep. Hail, and Senate chamber, and for other work done in State House, 39 65 27 427 B. W. Gideon for hauling public arms from Fort Buffington to Cassville, 15 May 3 429 W. B. Ferrell for work done in arsenal at Milledgeville. 44 61 6 468 A. Newsom for pay of State House guard, 281 75 7 472 R. B. Musslewhite, for pay due him as day guard to State House, 90 8 476 I. T. Cushing. Jr. for work done in the arsenal, 175 87 11 490 J. J. Eastwood for work done in arsenal, 35 May 16 798 A. L. Robinson for services rendered the reduction Convention, $66 16 799 T. R. Edison for services rendered the reduction Convention, 66 20 804 W. Blount for hauling boxes of Pistols from Augusta to this place, 26 21 806 J. I. Eastwood for work done in the arsenal, 26 24 810 Grieve Orme for printing for reduction convention, 34 25 29 813 L. La Taste for services as Secretary to reduction Convention, and for contingent expenses incurred by him, 132 50 29 814 James F. Smith for services as assistant Secretary to reduction convention, 126 29 317 Park Rogers for printing done for reduction convention, 120 June 1 818 A. J. Hansell for amount advanced by him to pay for hauling public arms to this place, 198 25 5 820 Shahan, Beall Reynolds, for articles of Stationery, for the use of public offices, 40 33 7 322 James Woodall for distributing laws and journals of 1838, as per contract No. 2, 65 July 27 826 James Gladdin for work done in the aresnal at Milledgeville, 185 27 827 J. I. Eastwood for work done in the aresnal at Milledgeville, 40 62 27 828 W. Ferrill for work done in the aresnal at Milledgeville, 53 75 27 829 G. W. Keller for work done in the aresnal at Milledgeville, 62 25 27 830 Joshua Covey for work done in the aresnal at Milledgeville, 62 50 27 831 I. T. Cushing, Jr. for work done in the aresnal at Milledgeville, 91 25 August 5 870 A. Newsom for pay of State House guard, 280 7 873 R. B. Musslewhite for pay due him as day guard to State House, 69 7 874 E. Daggett for postage due by this Department for the 2d quarter, 378 28 10 877 H. P. Humphrey for services of negro in the arsenal, as per audited account, 45 14 878 James Woodall for carrying journals of the Senate, 1838, to several counties, omitted by regular contractors, 61 50 15 880 John Kirkpatrick for carrying journals of Senate, omitted in contracts 2, 4 5, 165 15 881 I. T. Cushing, sen. for services of a negro in the arsenal, as per audited account, 78 15 882 J. B. Murrell for binding blank books, c. 20 19 887 L. B. Perryman for hauling arms from Clarkesville, Gainesville, c. to this place, 73 25 24 890 J. L. Barringer for making book-case in Executive Department, Geological room, c. c. as per audited account, 139 37 26 892 A. J. Hansell for amount advanced to L. Rolston, for hauling public arms, 22 27 893 S. Park for hire of a negro to work in the arsenal, 72 30 894 G. Mitchell for premium on Silk Cocoons, 12 37 30 895 M. Long M. C. Bird for premium on Silk Cocoons, 14 41 30 896 John Daley, Jr. for premium on Silk Cocoons, 9 50 30 897 E. Clardy for hauling public arms from Walker county to this place, 84 Sept. 4 898 C. Boutwell for delivering laws and journals as per contracts 2 4 6, 218 4 899 R. Micklejohn for delivering laws and journals as per contracts No. 8, 100 4 900 John Kirkpatrick for delivering laws and journals as per contracts No. 5, 69 4 901 Jesse Cox for delivering laws and journals as per contracts No. 3, 45 Sept. 9 902 C. H. Wright for beeswax furnished Secretary of State's office, $40 75 20 906 W. B. Ferrell for work done in arsenal, 55 20 907 Joshua Covey for work done in arsenal, 60 62 20 908 S. W. Miner for publishing plan of Reduction in the Fayetteville Advertiser, 26 24 909 J. I. Eastwood for work done in arsenal, 65 62 24 910 P. Hawkins for work done in arsenal, 45 62 24 911 C. R. Hanleiter for publishing plan of Reduction in the Southern Post, 21 30 912 S. D. Johnson for premium on Silk Cocoons, 10 90 30 913 G. W. Keller for work done in arsenal, 77 50 Oct'r. 2 914 I. T. Cushing, jr. for work done in arsenal, 121 51 4 916 E. Daggett for 3d quarter's postage for this Department, 217 55 5 918 James Gladdin for work done in arsenal, 192 50 10 915 H. S. Bell for publishing in the Darien Herald the plan of Reduction, 24 50 14 921 Hugh Knox for delivering the laws and journals as per contract No. 1, 105 22 924 E. E. Foard for premium on Silk, as per certificate, 8 50 25 926 J. J. Eastwood for work done in arsenal, as per audited account, 33 26 927 James T. Lane for articles of Stationary, as per audited account, 145 19 28 928 Covey, Hawkins, Ball, Keeler Gladwin, for work done in arsenal, as per audited account, 161 12 29 929 S. M. Hood Co. for publishing advertisement in the Cassville Pioneer, as per audited account, 24 Nov'r. 1 934 H. P. Humphrey for work done by his negro in the arsenal, 69 50 1 935 N. C. Keel for work done on State House, 37 85 1 937 S. Park for work done by her negro in ars'l., 39 2 939 B. T. Bethune, S. E. D. to pay the hire of a negro to work in State House, the present year, 225 Feb'y. 4 369 Sherod McCarty for his 1st quarter's salary as messenger to Executive Department, 125 4 372 Governor's Secretaries for fees on grants, passed the 1st quarter of the political year 1839, 287 68 May 6 465 Sherod McCarty for his 2d quarter's salary as messenger to Executive department, 125 6 466 Governor's Secretaries for fees on grants passed the 2d quarter of the political year, 1839, 49 20 Aug. 6 869 Sherod McCarty for his 3d quarter's salary as messenger, 125 6 872 Governor's Secretaries for fees on grants passed the 3d quarter of the political year 1839, 106 24 Nov. 4 975 John S. Wright for his 4th quarter's salary as messenger Executive Department, 125 977 Governor's Secretaries for fees on grants passed the 4th quarter, 30 88 $13,780 76

Page 16

CONTINGENT FUND1838. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Am't. 1838. Nov. 7 10 Richard Rockett for work done in arsenal at Milledgeville, $46 25 9 20 James Floyd for work done in arsenal at Milledgeville, 24 37 9 21 Henry Darnell for services rendered State House, by self and servant, 139 50 9 23 John L. Barringer for work done in Geological room, as per audited account, 112 9 24 W. O. Thompson for lightwood furnished for State House offices and the Legislature, 122 85 13 44 B. H. Darden for services as Brigade Inspector, 76 15 54 I. T. Cushing, Jr. for work done in arsenal at Milledgeville, 103 50 21 63 S. S. Sunison for insolvent list allowed him, as tax collector, by Com. General, 3 45 22 67 Joseph Henry, Jr. for services as Indian Agent, 54 23 69 R. A. Holt for services as Indian Agent, 29 23 70 B. T. Bethune for defraying contingent expenses of Executive Department, 300 23 73 I. Delk for insolvent list allowed him as tax collector, by Compt. Gen. 34 08 Dec. 5 96 Washburn Lewis for forwarding artrcles from Savannah to Ex. Dep. 83 5 97 John Jolly for hauling arms from Cherokee to arsenal in Milledgeville, 123 84 8 93 A. Highsmith for insolvent list allowed him as tax collector, by Compt. Gen. 6 57 10 99 L. Witcher for services as Indian Agent, 21 13 109 R. O. Usher for services as Brigade Inspector, 8 14 110 W. C. Powell for stationary, as per audited ac. 177 50 15 129 E. Richardson for work done on chimney of State House, 18 17 148 James Jolly for bearing an express to Gen. Floyd, 161 18 177 N. C. Keel for work on State House, as per audited account, 74 87 21 208 James Gladdin for work done in arsenal at Milledgeville, 126 20 21 209 P. Hawkins for work done in arsenal at Milledgeville, 31 25 22 223 John S. Anderson for hauling public arms, as per audited account, 10 25 230 M. H. McAllister, Mayor for expenses incurred in enforcing Quarantine Laws of the city of Savannah, 1,012 55 27 245 James Floyd for work done in arsenal at Milledgeville, 40 27 236 Stephen Griffith for services as Indian agent, 51 $2,994 78 CONTINGENT FUND1837. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Am't. 1838. Nov. 13 43 B. H. Darden for services as Brigade Inspector, $32 MILITARY FUND1839. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Am't. 1839. April 24 420 B. Y. Evans for bearing an express from Fayetteville to the seat of Gov't. 20 May 10 488 S. Rigsby for services as fifer to 2d G. D. G. M as per act. certified to by Asst. Ad. Gen. W. Beall, 165 May 10 489 I. Rigsby for services as drummer to 2d G. D. G. M., as per acct. certified to by Asst. Ad. Gen. W. Beall $165 22 807 D. Newnan for 1st quarter's salary as Adj. Gen. of State, 400 Aug. 15 883 W. Beall for 1st quarter's salary as Asst. Adj. Gen. of State, 400 15 884 W. Beall for 2d quarter's salary as Asst. Adj. Gen. of State, 400 Sept. 14 904 D. Newnan for 2d quarter's salary as Asst. Adj. Gen. of State, 400 Oct. 8 919 W. Beall for 2d quarter's salary as Asst. Adj. Gen. of State, 400 31 930 D. Newnan for 3d quarter's salary as Asst. Adj. Gen. of State, 400 31 931 R. Wilson for services as a fifer. as per ac't. certified to by the Adj. Gen. 87 50 31 932 I. Crutch for services as a drummer, as per act. certified to by the Adj. Gen. 52 $2,889 50

Page 17

MILITARY FUND1838. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Am't. 1838. Nov. 7 11 Russell Park for services as Brigade Inspector, 52 8 16 J. N. Williamson for attending a Court Martial in Decatur, at the trial of Col. Mills, 16 52 8 17 M. Rhodes for attending a Court Martial in Decatur, at the trial of Col. Mills, 13 86 9 25 W. Martin for attending a Court Martial in Decatur, at the trial of Col. Mills, 8 9 26 J. S. Anderson for attending a Court Martial in Decatur, at the trial of Col. Mills, 13 59 10 30 W. Cochran for attending a Court Martial in Decatur, at the trial of Col. Mills, 16 66 10 31 W. Ezzard for attending a Court Martial in Decatur, at the trial of Col. Mills, 8 10 32 T. I. Akins for attending a Court Martial in Decatur, at the trial of Col. Mills, 9 72 10 33 I. I. Martin for attending a Court Martial in Decatur, at the trial of Col. Mills, 10 40 14 52 J. I. Clay for attending a Court Martial in Decatur, at the trial of Col. Mills, 16 15 55 J. C. Farrer for attending a Court Martial in Decatur, at the trial of Col. Mills, 8 27 81 W. Beall for his 3d quarter's salary as Asst Adjt. Gen. of the State, 400 Dec. 4 94 S. Rigsby for his services as fifer, in attending the Asst. Adjt. Gen. as per acct. as certified by him, 212 50 4 95 I. Rigsby for his services as drummer, in attending the Asst. Adjt. Gen. as per acct. certified to by him, 212 50 12 102 W. D. Winn and James Austin for attending a Court Martial in Decatur at the trial of Col. Mills, 27 72 20 193 J. Hill and T. B. Moore for attending a Court Martial in Decatur at the trial of Col. Mills, 58 12 25 232 A. B. Whitehead and J. Shehiut for attending a Court Martial in Decatur at the trial of Col. Mills, 32 1839. April 25 421 D. Newnan for his 3d quarter's salary as Adjt. Gen. of the State, 400 25 422 D. Newnan for his 4th quarter's salary as Adjt. Gen. of the State, 400 25 423 W. Beall for his 4th quarter's salary as Adjt. Gen. of the State, 400 $2,309 59 PRINTING FUND1839. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Am't. 1839. Jan. 5 280 P. L. Robinson for printing done for the Legislature, as per audited act, 1,920 00 Jan. 10 295 Park Rogers for printing done for the State by the office of the Federal Union, as per audited account, $222 25 Feb. 9 390 Park Rogers for printing done for the State by the office of the Federal Union, as per audited account, 435 25 Mrch 23 399 W. E. Jones for printing done for the State by the office of the Federal Union, as per Chroicle Sentinel, 148 57 April 6 406 P. L. Robinson for amt advanced to him for printing Laws Journals of 1838, 3,000 24 419 A. G. Ware for printing done for the State by the office of the Southern Advocate, 68 May 1 428 H. S. Bird for printing done for the State by the office of the McIntosh co. Herald, 45 8 482 P. C. Pendleton for printing done for the State by the office of the Southern Post, 111 50 8 483 M. I. Cappell for printing done for the State by the office of the Washington News, 101 25 8 484 S. M. Hood Co. for printing done for State, by the office of the Western Georgian,[Pioneer] 122 50 9 487 James T. Hay for printing done for State, by the office of the Southern Spy, 134 50 13 495 Gardner Barron for printing done for State, by the office of the Florence Mirror, 100 15 796 M. Bartlett for printing done for State, by the office of the Macon Telegraph, 102 75 24 809 Grieve Orme for printing done for State, by the office of the Southern Recorder, 1,643 56 24 811 W. E. Jones for printing done for State, by the office of the Chronicle Sentinel 533 25 27 812 Steele Thweatt for printing done for State, by the office of the Georgia Journal, 1,098 12 29 815 Charles Davis for printing done for State, by the office of the Brunswick Advocate, 137 50 29 816 Park Rogers for printing done for State, by the office of the Federal Union, 552 93 July 26 823 S. W. Minor for printing done for State, by the office of the Fayetteville Advertiser, 118 26 824 I. N. Bethune for printing done for State, by the office of the Georgia Argus, 125 25 26 825 Hemphill Jack for printing done for State, by the office of the Western Georgian, 128 25 Aug. 5 871 P. C. Guieu, for printing done for State, by the office of the Aug. Constitutionalist, 658 45 10 876 P. L. Robinson for balance due for printing Laws and Journals of 1838, 7,720 26 891 J. Cleland for printing done for the State by the office of the Savannah Republican, 652 06 Oct. 24 925 Campbell Willson for printing done for the State, as per audited account, 115 $19,993 94

Page 18

PRINTING FUND1836. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Am't. 1838. Nov. 6 1 John A. Cuthbert for printing done for the Surveyor Gen's office, by the Fed. Union, as per audited acct., $38 FUND FOR REDEMPTION OF PUBLIC DEBT. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Am't. 1838. Dec. 13 108 Nathan McGehee for balance due on three certificates, 30 94 Aggregate amount of Warrants drawn on the Treasury, to defray the expenses of Reduction Convention, is $32,295 50

Page 19

CIVIL ESTABLISHMENT, 1839. Date. No. In whose favor drawn. For what purpose, and to what fund chargeable. Am't. 1839. Feb. 4 329 George R. Gilmer for his 1st quarter's salary as Governor, $1,000 330 B. F. Bethune for his 1st quarter's salary as Secretary Executive Department, 312 50 331 John H. Steele for his 1st quarter's salary as Secretary Executive Department, 312 50 332 David W. Lewis for his 1st quarter's salary as Secretary Executive Department, 312 50 333 John T. Lamar for his 1st quarter's salary as Secretary of the Senate, 150 334 John H. Dyson for his 1st quarter's salary as Clerk House Representatives, 150 335 W. A. Tennille for his 1st quarter's salary as Secretary of State, 500 336 Thomas Haynes for his 1st quarter's salary as Treasurer, 500 337 John G. Park for his 1st quarter's salary as Comptroller General, 500 338 Jesse Cox for his 1st quarter's salary as Surveyor General, 500 339 Charles S. Henry for his 1st quarter's salary as Judge of the Superior Courts of the Eastern Circuit, 525 340 John Schley for his 1st quarter's salary as Judge of the Superior Courts of the Middle Circuit, 525 341 Garnett Andrews for his 1st quarter's salary as Judge of the Superior Courts of the Northern Circuit, 525 342 T. W. Harris for his 1st quarter's salary as Judge of the Superior Courts of the Western Circuit, 525 343 C. B. Cole for his 1st quarter's salary as Judge of the Superior Courts of the Southern Circuit, 525 344 A. M, D. King for his 1st quarter's salary as Judge of the Superior Courts of the Flint Circuit, 525 345 Hiram Warner for his 1st quarter's salary as Judge of the Superior Courts of the Coweta Circuit, 525 346 M. J. Wellborn, his part 1st qr. Judge of the Superior Courts of the Chattahochee, 490 347 Joseph Sturges his part 1st qr. Judge of the Superior Courts of the Chattahochee, 35 348 Turner H. Trippe, his part 1st qr. Judge of the Superior Courts of the Cherokee Circuit, 490 349 O. H. Kenan his part 1st qr. Judge of the Superior Courts of the Cherokee Circuit, 35 350 Edward Y. Hill his part 1st qr. Judge of the Superior Courts of the Ocmulgee Circuit, 490 351 Adam G. Saffold his part 1st qr. Judge of the Superior Courts of the Ocmulgee Circuit, 35 352 Edward J. Hardin his part 1st qr. Sol. Gen'l. Eastern Circuit, 5 353 R. W- Owens his part 1st qr. Sol. Gen'l. Eastern Circuit, 51 25 354 E. Starnes, for his 1st qr. salary, Sol. Gen'l. Middle Circuit, 56 25 355 U. S. Heath for his 1st qr. salary, Sol. Gen'l. Northern Circuit, 56 25 356 Howell Cobb for his 1st qr. salary, Sol. Gen'l. Wesern Circuit, 56 25 357 W. W. Wiggins for his 1st qr. salary, Sol. Gen'l. Southern Circuit, 56 25 358 James H. Stark for his 1st qr. salary, Sol. Gen'l. Flint Circuit, 56 25 359 George D Anderson for his 1st qr. salary, Sol. Gen'l. Coweta Circuit, 56 25 360 Henry L. Benning for his 1st qr. salary, Sol. Gen'l. Chattahoochee 56 25 361 Henry D. Simms. his part of 1st qr. Sol. Gen'l. Cherokee Circuit, 5 362 John H. Lumpkin his part of 1st qr. Sol. Gen'l. Cherokee Circuit, 51 25 363 N. G. Foster, for his 1st qr. salary, Sol. Gen'l. Ocmulgee Circuit, 56 25 May 6 430 Geo R. Gilmer for his 2d qr. salary, Governor, 1,000 431 John H. Steele for his 2d qr. salary, as Secretary Executive dep't. 312 50 432 B. T. Bethune for his 2d qr. salary, as Secretary Executive dep't. 312 50 433 David W. Lewis for his 2d qr. salary, as Secretary Executive dep't. 312 50 434 Thomas Haynes for his 2d qr. salary, as Treasurer, 500 435 W. A. Tennille for his 2d qr. salary, as Secretary of State, 500 436 John G. Park for his 2d qr. salary, as Comptroller General, 500 437 Jesse Cox for his 2d qr. salary, as Surveyor General, 500 438 John T. Lamar for his 2d qr. salary, as Secretary of the Senate, 150 439 J. H. Dyson for his 2d qr. salary, as Clerk House Representatives, 150 440 Charles S. Henry for his 2d qr. salary, Judge Su. Courts of the Eastern circuit, 525 441 John Schley for his 2d qr. salary, Judge Su. Courts of the Middle circuit, 525 442 G. Andrews for his 2d qr. salary, Judge Su. Courts of the Northern circuit, 525 443 Thomas W. Harris for his 2d qr. salary, Judge Su. Courts of the Western circuit, 525 444 C. B. Cole for his 2d qr. salary, Judge Su. Courts of the Southern circuit, 525 445 A. M. D. King for his 2d qr. salary, Judge Su. Courts of the Flint circuit, 525 446 Hiram Warner for his 2d qr. salary, Judge Su. Courts of the Coweta circuit, 525 447 M. J. Wellborn for his 2d qr. salary, Judge Su. Courts of the Chattahoochee 525 448 T. H. Trippe for his 2d qr. salary, Judge Su. Courts of the Cherokee circuit, 525 449 Edward Y. Hill for his 2d qr. salary, Judge Su. Courts of the Ocmulgee circuit, 525 450 R. W. Owens for his 2d qr. salary, Sol. Genl'. Eastern circuit, 56 25 451 E. Starnes for his 2d qr. salary, Sol. Genl'. Middle circuit, 56 25 452 U. S. Heath for his 2d qr. salary, Sol. Genl'. Northern circuit, 56 25 453 H. Cobb for his 2d qr. salary, Sol. Genl'. Western circuit, 56 25 454 W. W. Wiggins for his 2d qr. salary, Sol. Genl'. Southern circuit, 56 25 455 James H. Stark for his 2d qr. salary, Sol. Genl'. Flint circuit, 56 25 456 George D. Anderson for his 2d qr. salary, Sol. Genl'. Coweta circuit, 56 25 457 Henry L. Benning for his 2d qr. salary, Sol. Genl'. Chatt'hooche circuit, 56 25 458 Jno. H. Lumpkin for his 2d qr. salary, Sol. Genl'. Cherokee circuit, 56 25 459 N. G. Foster for his 2d qr. salary, Sol. Genl'. Ocmulgee circuit, 56 25 [Illegible Text] 834 George R. Gilmer for his 3d qr. salary, as Governor, 1,000 835 John H. [Illegible Text] for his 3d qr. salary, as Sec. Ex. Department, 312 50 836 Benj. T. Bethune for his 3d qr. salary, as Sec. Ex. Department, 312 50 837 David W. Lewis for his 3d qr. salary, as Sec. Ex. Department, 312 50 838 T. Haynes for his 3d qr. salary, as Treasurer, 500 839 W. A. Tennille for his 3d qr. salary, as Secretary of State, 500 840 John G. Park for his 3d qr. salary, as Comptroller General, 500 841 Jesse Cox for his 3d qr. salary, as Surveyor General, 500 842 J. T. Lamar for his 3d qr. salary, as Secretary of the Senate, 150 843 John H. Dyson for his 3d qr. salary, as Clerk of the House of Reps. 150 844 Charles S. Henry for his 3d qr. salary, as Judge of Sup. Ct. of East'rn circuit, 525 845 John Schley for his 3d qr. salary, as Judge of Sup. Ct. of Middle circuit, 525 846 Garnett Andrews for his 3d qr. salary, as Judge of Sup. Ct. of Northern circuit, 525 847 Thos. W. Harris for his 3d qr. salary, as Judge of Sup. Ct. of Western circuit, 525 848 C. B. Cole for his 3d qr. salary, as Judge of Sup. Ct. of Southern circuit, 525 849 A. M. D. King for his 3d qr. salary, as Judge of Sup. Ct. of Flint circuit, 525 850 Hiram Warner for his 3d qr. salary, as Judge of Sup. Ct. of Coweta circuit, 525 851 M. J. Wellborn for his 3d qr. salary, as Judge of Sup. Ct. of Chattahooche circuit, 525 852 Turner H. Trippe for his 3d qr. salary, as Judge of Sup. Ct. of Cherekee circuit, 525 853 E. Y. Hill for his 3d qr. salary, as Judge of Sup. Ct. of Ocmulgee circuit, 525 Aug. 5. 854 R. W. Owens for his 3d quarter's salary as Sol. Genl. Eastern circuit, 56 25 855 E. Starnes for his 3d quarter's salary as Sol. Genl. Middle circuit, 56 25 856 U. S. Heath for his 3d quarter's salary as Sol. Genl. Northern circuit, 56 25 857 H. Cobb for his 3d quarter's salary as Sol. Genl. Western circuit, 56 25 858 W. W. Wiggins for his 3d quarter's salary as Sol. Genl. Southern circuit, 56 25 859 James H. Stark for his 3d quarter's salary as Sol. Genl. Flint circuit, 56 25 860 Geo. D. Anderson for his 3d quarter's salary as Sol. Genl. Coweta circuit, 56 25 861 Henry L. Benning for his 3d quarter's salary as Sol. Genl. Chattahooche circuit, 56 25 862 Jno. H. Lumpkin for his 3d quarter's salary as Sol. Genl. Cherokee circuit, 56 25 863 N. G. Foster for his 3d quarter's salary as Sol. Genl. Ocmulgee circuit, 56 25 Nov. 4. 940 George R. Gilmer for his 4th quarter's salary as Governor 1,000 941 Jno. H. Steele for his 4th quarter's salary as Sec'y Ex. Dept., 312 50 942 D. W. Lewis for his 4th quarter's salary as Sec'y Ex. Dept., 312 50 943 B. T. Bethune for his 4th quarter's salary as Sec'y Ex. Dept., 312 50 944 Thomas Haynes for his 4th quarter's salary as Treasurer. 500 945 W. A. Tennille for his 4th quarter's salary as Secretary of State, 500 946 John G. Park for his 4th quarter's salary as Comptroller General, 500 947 Jesse Cox for his 4th quarter's salary as Surveyor General, 500 948 I. T. Lamar for his 4th quarter's salary as Secretary of Senate 150 949 John H. Dyson for his 4th quarter's salary as Clerk House of Reps. 150 950 Charles S. Henry for his 4th quarter's salary as Judge Eastern Circuit, 525 951 John Schley for his 4th quarter's salary as Judge Middle Circuit, 525 952 G. Andrews for his 4th quarter's salary as Judge Northern Circuit, 525 953 T. W. Harris for his 4th quarter's salary as Judge Western Circuit, 525 954 C. B. Cole for his 4th quarter's salary as Judge Southern Circuit, 525 955 A. M. D. King for his 4th quarter's salary as Judge Flint Circuit, 525 956 H. Warner for his 4th quarter's salary as Judge Coweta Circuit, 525 957 M. I. Wellborn for his 4th quarter's salary as Judge Chattahooche Circuit, 525 958 T. H. Trippe for his 4th quarter's salary as Judge Cherokee Circuit, 525 959 E. Y. Hill for his 4th quarter's salary as Judge Ocmulgee Circuit, 525 960 R. W. Owens for his 4th quarter's salary as Sol Genl. Eastern Circuit, 56 25 961 E. Starnes for his 4th quarter's salary as Sol Genl. Middle Circuit, 56 25 962 U. S. Heath for his 4th quarter's salary as Sol Genl. Northern Circuit, 56 25 963 H. Cobb for his 4th quarter's salary as Sol Genl. Western Circuit, 56 25 964 W. W. Wiggins for his 4th quarter's salary as Sol Genl. Southern Circuit, 56 25 965 James H. Stark for his 4th quarter's salary as Sol Genl. Flint Circuit, 56 25 966 G. D. Anderson for his 4th quarter's salary as Sol Genl. Coweta Circuit, 56 25 967 H. D. Benning for his 4th quarter's salary as Sol Genl. Chattahooche Circuit, 56 25 968 J. H. Lumpkin for his 4th quarter's salary as Sol Genl. Cherokee Circuit, 56 25 969 N. G. Fosetr for his 4th quarter's salary as Sol Genl. Ocmulgee Circuit, 56 25 $40,200

Page 21

RECAPITULATION. Appropriation of County Academics $10,913 12 Appropriation of Poor School Fund 11,275 86 Special Appropriation, for taking the Census of 1839, 17,852 75 Special Appropriation, for Various purposes, of 1839, 115,399 74 Special Appropriation, 1838, 7,472 62 Special Appropriation, 1837, 218,620 62 Special Appropriation, 1836, 322 56 Contingent Fund, 1839 13,780 76 Contingent Fund, 1838 2,994 78 Contingent Fund, 1837 32 00 Military Fund, 1839 2,889 50 Military Fund, 1838 2,309 59 Printing Fund, 1839 19,993 94 Printing Fund, 1836 38 00 Fund for redemption of Public Debt 30 94 Aggregate amount of Warrants for Reduction Convention 32,295 50 Civil Establishment, 1839, 40,200 00 Dollars, 496,422 34 EXECUTIVE DEPARTMENT, GEORGIA, [UNK] Milledgeville, 5th November, 1839. Certified to by JOHN H. STEELE, Secretary.

Page 22

Note.In the execution of the foregoing printing, critical comparison has been made with the enrolled acts in the Secretary of State's office, and they strictly followed. In a few instances, corrections of obvious er rors are inserted, but always in brackets, Public Printers.

Page I

INDEX TO THE LAWS. A. ACADEMIES Baker Paris Academy incorporated, and Trustees appointed 4 Camden St. Mary's Academy incorporated, and Trustees appointed 5 Chattooga Summerville Academy incorporated, and Trustees appointed 3 Columbia Appling F. Academy incorporated, and Trustees appointed 11 Dade County Academy incorporated, and Trustees appointed 7 Decatur Pleasant Grove Academy, name changed, c. 5 Forsyth Cumming M. Academy, additional Trustees 12 Gwinnett Centre Academy incorporated, and Trustees appoined 5 Heard County Academy act of 1832 relative to, repealed 6 Houston Linwood Academy incorporated, and Trustees appointed 5 Liberty Hinesville Academy incorporated, and Com'rs appointed 8 McIntosh County Academy act of 1834 relative to, repealed, c. 10 Murray Co. Academy Additional Trustees disposition of funds 13 Muscogee Ac. Columbus authorized to lay off a new square, and additional Trustees appointed 9 Hickory Grove Ac. incorporated, and Trustees appointed, 5 Paulding Williams' Academy, additional Trustees appointed, 4 Stewart Farmer's Academy incorporated and Trustees appointed, 6 Pleasant Valley Ac. incorporated and Trustees appointed, 7 Talbot Central Academy incorporated and Trustees appointed, 5 Bower Academy incorporated and Trustees appointed, 4 Farmer's Academy incorporated and Trustees appointed, 4 Warren Birdsville Academy additional Trustees appointed, 8 ACCOUNTS OF STATE HOUSE OFFICERS Method of keeping accounts in Executive, Treasurers and Comptroler General's office, prescribed 13 Abstract to be laid before the Legislature 15 ADMINISTRATORS [See Executors, Administrators and Guardians.] APPEALS Judiciary act of 1799 relative to, amended 142 APPROPRIATIONS For Governor's salary 15 Secretary's in Executive Department 15 Secretary of State 15 Treasurer 15 Comptroller General 15 Surveyor General 15 Members of the Legislature 16 President of Senate and Speaker of House of Representatives 16 Secretary of State and Clerk House of Representatives 16 Assistant Secretaries and Clerks 16 Engrossing and Enrolling Clerks 16 Messengers and Door Keepers 16 Contingent expenses of the Legislature 16 Judges of the Superior Courts 16 Attorney and Solicitors General 16 Contingent Fund 16 Printing Fund 16 Military Fund 19 Common School Fund 23 Penitentiary Fund 19

Page II

For Lunatic Asylum 22 Extra Clerk hire in Secretary of State's office 19 23 Extra Clerk hire in Surveyor General's office 17 20 21 Extra Clerk hire in Treasurer's office 17 21 Extra Clerk hire in Comptroller General's office 17 21 Finance Commissioners 17 Committee to examine affairs of the Penitentiary 17 Messrs. Campbell, Lumpkin and Law, Commissioners 17 Messrs. Dougherty, Meriwether and Wales, Attornies 17 Premium on Silk 17 Governor's house, lot, furniture and out-buildings 19 President of Board of R. R. Commissioners 19 Commissioners of W. A. Railroad 19 Travelling expenses of Commissioners 19 Military Store Keeper 19 George R. McElvy 18 Thomas Hilliard 18 David Kramer 18 Otis Childs 18 Robert Brewer, (refunded) 18 L. O. Reynolds, do 18 Benjamin Serman, Q. M. 19 William Falkner, late Sheriff of Walker 20 Volunteers in Ware, Camden and Lowndes 20 James Thompson, 3d Lieutenant 20 Richard McGoldrick, Surgeon 20 P. L. Robinson, extra printing 20 James Gray, one of Building committee 20 Alexander Bronson's Administrators 21 Walter L. Campbell 21 M. D. Huson 22 Hudson Thomas 22 Garrett Williams 22 John O. Cliff 22 William Brack 22 Samuel D. Sherman 22 N. G. Foster, Solicitor General 23 David J. Bailey 22 John R. Dews, late Sheriff of Chatham 23 David Stanford 23 Witnesses on the trial of Colonel E. R. Mills 22 Certain Volunteer Companies 24 ATTACHMENTS See Judiciary. ATTORNEY GENERAL Allowed retaining fee in certain cases 147 ATTORNIES The following persons authorized to plead and practice Law: William K. DeGraffenreid 25 Henry R. Jackson 25 Allen Mathews, Jr 25 James H. Foster 25 Thomas M. Kemp 25 Augustus S. Wingfield 25 Henry P. Strickland 25 John F. Gallaher 25 Clifton Blake 25 John P. Smith 25 William W. Anderson 25 Alexander Speer, Jr. 25 William H. Hull 25 Robert Trippe 25 J. G. McHenry 25 Oliver Luckett 25 Gilbert E. Thigpen 26 Non-resident Attornies liable for costs in advance 144

Page III

B. BANKS Central Bank charter amended 26 To issue double the amount of its capital 26 To refuse specie to suspended Banks 27 To sell Stock belonging to the State, in other Banks 27 To pay warrants on the Treasury out of their capital stock, 21 To pay in their own bills, or other current notes 23 Bank of the State of Georgia, authorized to discontinue the Branch at Milledgeville 29 Monroe Rail Road Banking Company, Charter amended 30 Mechanics' Bank, charter amended 89 Suspended Banks prohibited from selling Exchange at more than two per cent 60 Act of 1832, to secure the solvency of Banks. amended 28 Every Branch or Office to make separate Reports 28 Directors to report amount due by each Director 28 President and Cashier to report amount due by Stockholders, 28 BRIDGES William Biscoe, authorized to build bridge over Chattahoochec 62 William Sheffield, a bridge over little River 66 M. W. Brown, a bridge over Chattahoochee 65 Florence Bridge Company, organization legalized 63 C. CITIZENSHIP Conferred on certain persons of the Cherokee tribe of Indians, and their descendants 32 CLAIM LAWS Claims may be made by agent or attorney, as in attachments 139 CONSTITUTION Act for amending, to provide for biennial sessions of the Legislature 136 CONSTABLES Made subject to rule by Superior Courts 140 Not compelled to reside in their districts in Savannah 138 COUNTIES Bulloch Inf. Court authorized to sell or lease lands belonging to 35 Chattooga Act organizing, explained and amended 34 Emanuel Inferior Court authorized to sell or lease lands belonging to 35 Jefferson and Washington Dividing line changed, and acts of Samuel Tarver, J. I. C. of Jefferson, legalized 33 Newton Part of, added to Jasper 33 COUNTY OFFICERS Appling Justices Inferior Court compensated 36 Baldwin Tax Collectors and Receivers consolidated 45 Bibb Inf. Court authorized to appoint T. R. Bloom Notary Public 36 [Illegible Text] Sheriff to be compensated for extra services 42 Chattooga Tax Receiver and Collector consolidated 45 Cobb Tax Receiver and Collector consolidated 45 Dade Sheriff's bond reduced 43 Tax Collector and Receiver consolidated 43 Decatur At of 1838, as to fees of T. R. and T. C. repealed 45 Sheriff to sell certain fractional lots 40 Dooly Tax Collector and Receiver consolidated 43 Franklin Tax Collector and Receiver consolidated 45 Gilmer Sheriff authorized to advertize sale in Athens paper 44 Gwinnett Tax Receiver and Collector consolidated 45 [Illegible Text] or dep. not compelled to keep an office within 1 mile of C. H. 46 Heard Inferior Court authorized to lay out new district 38 Tax Receiver and Collector consolidated 45 Hancock Tax Receiver and Collector consolidated 45 Jefferson Tax Receiver and Collector consolidated 45 Lumpkin Sheriff authorized to advertize sales in Athens paper 44 Lowudes Sheriff to sell certain fractional lots 40 Marion Tax Receiver and Collector consolidated 45 McIntosh Tax Receiver and Collector consolidated 45 Muscogee Inferior Court to lay off Jail lot in Columbus 222 Thomas Sheriff to sell certain fractional lots 40 Tax Receiver and Collector consolidated 40 Union Sheriff authorized to advertize sales in Athens paper 44 Upson Tax Collector and Receiver consolidated 45 Washington Sheriff authorized to advertize in Southern Advocate 44 Ware Sheriff to sell certain fractional lots 40 [Illegible Text] Sheriff to sell certain fractional lots 40 [Illegible Text] Office of Tax Receiver and Collector consolidated 45

Page iv

Clerks Cts. Ord may be appointed administrators in all cases of intestacy after 30 days notice without an applicant 39 May be elected at any time, if neglected 41 To file newspapers with legal notices 39 COURTS Time of holding, changed in the following counties: Baldwin Superior and Inferior Courts 51 Bibb Superior and Inferior Courts 47 Emanuel Superior Court 52 Floyd Superior Court 49 Greene Inferior Court 50 Lowndes Inferior Court 49 Montgomery Superior Court 52 Muscogee Superior Court 50 51 Inferior Court 53 Paulding Superior Court 49 Pulaski Superior and Inferior Courts 52 Richmond Superior and Inferior Courts 52 Tattnall Superior Court 52 Thomas Superior Court 47 Troup Inferior Court 47 Twiggs Superior Court 51 Inferior Court 54 Honston Adjournment of Superior Court legalized 50 Newton Court of Ordinary authorized to sit 18th Nov. 1839, 48 DEEDS See Judiciary HENRY DILLON, authorized to construct Circular Railway on Indian Spring Reserve 190 DIRECT TRADE Act to encourage direct Export and Import Trade, and Joint Stock Companies authorized 54 DISTRICTS Inferior courts authorized to appoint Commissioners to lay out and alter 37 Heard Inferior Court authorized to lay out 38 DOWER Act to in reference to mode of assignment, amended 148 Time of applying for, limited 145 E. ELECTION PRECINCTS New Precincts established in the following Counties: Baker at Homer M Powell's Mills 174 Butts at Robert W. Smith's, 609th district 178 Chattooga at William Greenwood's, 967th district 179 Cobb at Benson's Mills, 911th district 181 Coweta at James Bexley's, 2d district 180 Dade at Wm. J. Cole's 180 DeKalb at James R. Henry's 180 Dooly at B. B. Rutland's 179 Elbert at Centreville, 315th district 180 Franklin at place of Justice's court, Smith's district 180 Gilmer at William Kinsey's 180 Geene at Scull shoals manufactory 180 Hancock at Hitchcock's Store 180 Harris at Dr. Bass's, Valley plain 180 At William L. Culbreath's, near King's Gap, 180 Jackson at Wood L. Randolph's, 455th district 181 At widow Venable's, 242d district 181 Lee at Palmyra 180 Lumpkin at place of holding Justice's courts, 13th district 180 Macon at Nathan M. Roger's 180 At Hamburg 180 At Marshallsville 180 Marion at Hardy K. Pools 178 Murray at Red Hill, and at Mrs. Widener's 174 Randolph at Samuel A. P. Dean's, 6th district 181 Rabun at Mrs. Rebecca Price's, 436th district 178 Stewart at Beight Miller's, and at John Langford's 180 Talbot at John Buckner's, 17th district 180 Telfair at places of holding Justice's courts 181 Wilkes at place of Justice's Court, in French Store district 180 Precincts changed in following counties: Camden from Grandison Barber's to Burris Brewer's 181 Carroll from John Robinson's, to Justice's court ground, in 8th district, 175 Cherokee from Edward Townsend's to Justice's court ground, 889th, 181

Page v

Cobb from Justice's court ground, 851st dist. to W. G. Robbinson's, 181 Dooly from John Blackburn's to John Hodges' 178 Fayette from English Mills to Dublin, 6th district 182 Floyd from James Hemphill's, to Cave Spring 181 From Jesse New's to Henry Dalton's 181 Gwinnett from W. A. Hamilton, to Benjamin S. Smith's 181 From Thomas Maguire's to court ground, Rockbridge dist. 181 From John Cain's to Court ground, 262d district 182 Harris from Mrs. Phillips' to Mr. Padgett's at Ellerslie 181 Henry from A. Y. Adamson's, to Isaiah Collingworth's 182 From Middleton Nole's, to James A. Beck's 182 Jefferson from Isaac B. Davis', to S. B. Jordan's 182 Monroe from James Knight's, to J. G. W. Johnson's, 7th dist. 181 From Cullodensville, to Berry Cooley's 181 Newton from John Thomaston's, to Mayberry's store 178 From Ethan Brewer's, to Clark Brewer's store 178 Oglethorpe from G. W. O. Kelly's to Elbert Hardman's 177 Richmond from Thomas Newman's, to Torrence Conner's 182 Telfair to the several places of Justice's courts 174 Walton from Thomas Patterson's, to Job Smith's 182 Washington from Eli Cummin's to Gilmore old place 173 From W. Buck's, to Wm Clay's 182 Act to compensate superintendants of Precinct Elections in Troup, Harris and Richmond, amended 176 Justices of Peace superintending in Muscogee, compensated 183 ENDORSERS Remedy against prior endorsers, in certain cases 58 EQUITY Proceedings in Equity regulated 141 EXCHANGE Suspended Banks forbidden to sell at more than two per cent 60 Bills of Exchange law of 1823 respecting, amended 59 EHECUTORS, ADMINISTRATORS GUARDIANS Administrators de bonis non Clerks of courts of Ordinary may be appointed in all cases of intestacy, after 30 day's notice 39 Administration only granted by the court of the county where deceased resided 39 Guardianship letters only granted by the court of the county where the minor resides 39 Executors or administrators of persons garnisheed, may be made parties, 146 Executrixes in their own wrong suits against, not to be abated by their marriage 139 F. FERRIES The following persons authorized to establish: Floyd David Hutchins, across the Oostenaula river 61 Robert Ware, across the Coosa 61 Robert Ligon, across the Etowah 67 Cass Arnold Miller, across the Etowah 65 Camden James M. Smith. across the Satilla 206 Scriven McLin Lunday's representatives, across the Savannah 63 Act authorizing R. Nale and E. Sapp to establish a Feary across the Altamaha, repealed 64 FREE PASSAGE OF FISH Obstructions forbidden in the following streams: Etowah river, in Cass county 165 Hightower river, in Cherokee county 160 Chattahoochee river 163 Savannah river 204 Altamaha river 164 Lott's creek, in the county of Bulloch 161 Creeks and Water Courses, in Burke county 161 Act of 1835, concerning the passage of fish in the Oconee, amended 164 FISHERIES Rights of owners of fisheries in the Savannah, secured 203 FRACTIONS Fractional lots in Thomas, Lowndes, Ware and Wayne county, to be sold by Sheriffs of said counties 40 G. GARNISHMENTS ATTACHMENTS Affidavits by non-resident creditors, how made 145 Executors or Administrator of garnishees may be made parties 146

Page VI

GUARDIANSHIP [See Executors, Administrators and Guardians.] GRANTS Timeextended on lots in (originally) Appling, Early, Irwin, Hall, Habersham, Walton, Gwinnett and Rabun 71 Grant authorized to Lewis Madison Bledsoe 70 Grant authorized to Sherman Whittington 72 I. INCORPORATIONS For Academies incorporated, see Academies. For Volunteer corps incorporated, see Volunteers. For Railroad Companies incorporated, see Rail Roads. Acts of incorporation passed for: Athens Independent Fire Company 129 Augusta Sugar Manufacturing Company 113 Burke's Meeting House, in Greene 90 Cass County Iron Manufacturing Company 121 Chestatee Manufacturing Company 87 Corinth, in Heard County 93 Cross Plains, in Murray Co 83 Fairview Presbyterian Church, in Gwinnett 124 Floyd County Manufacturing Company 79 Fort Gaines M. E. Church, in Early 125 Georgia Silk Manufacturing Company, in Richmond 92 Ceorgia Manufacturing Company, in Clark 112 Georgia Iron Manufacturing Company, in Dade 119 Georgia Historical Society, in [Illegible Text] 132 Hearn Manual Labor School in Floyd 130 Jefferson M. E. Camp Ground 110 Macon Iron Steam-beat Company 87 Neligh Manufacturing Company, in Cass 117 New Gibralter, in DeKalb county 126 Oxford, in the county of Newton 79 Ph[UNK]nix Steam Mill Company, of Savannah 123 Roswell Manufacturing Company in Cobb 116 Southern Botanico Medical College, at Forsyth 134 Starksville, in the county of Lee 94 Universalist Church in Macon 78 Incorporating acts amended, of Habersham Iron Works and Manufacturing Company 119 Cedar Shoals Manufacturing Company (preamble) 95 J. JUDICIARY Appeals Act of 1799 conccrning, explained and amended 142 Attachments Laws relative to, amended 146 Affidavits by non-resident creditors, how made 144 Bills of Sale All not recorded may be admitted to record, and read in evidence 196 Claim laws, amended 139 Constables subject to rule by Superior Courts 140 Costs non-resident attornies to pay in advance 144 Deeds acknowledgment and execution of, in foreign countries, provided for 199 Act of 1837, admitting certain deeds to record, continued in force 196 Effect of certain other deeds prescribed 196 Dower Act amended, relative to assignment of 148 Time of application for, limited 145 Equity Act regulrting proceedings in 141 Evidence Compulsion of, before Commissioners 146 Executrixes in their own wrong law of 1828 explained 139 Freeholders remedy of, against Railroad Companies 191 Garnishment Acts in relation to, amended 146 Affidavits by non-resident creditors, how made 144 Justices of the Peace Subject to rule by Superior Court 140 Limitation of Actions law amended in cases of absent or absconding debtors 147 Mortgages on personal property law concerning, amended 138

Page VII

JURORS Bulloch Jurors in Superior and Inferior Courts compensated 74 Butts Act of 1837 for compensation of Jurors, repealed 76 Carroll Grand and petit Jurors compensated 73 Cass Grand and Petit Jurors compensated 74 Crawford Compensation of Jurors repealed 75 Dooly Grand and Petit Jurors compensated 73 Jackson Petit Jurors compensated 73 Lumpkin Compensation of Jurors repealed 76 Paulding Grand and Petit Jurors compensated 73 JUSTICES OF THE PEACE Subject to rule by Superior Court 140 LIMITATION OF ACTIONS Defined, as to absent or absconding debtors 147 MILITIA New division created out of Baker, Lee, Thomas, Early, Randolph and Decatur 155 Militia law amended, as to Richmond county 149 Militia law amended, as to 1st regiment, G. M. 152 Militia law amended, as to equipments of indigent persons on parades 201 Act of 1822, as to pay of Division and Brigade Inspectors, repealed 156 MILL DAMS The following persons authorized to build: Richard Morris, across the Coosawattee 156 James Morris, across the Connesauga, in Murray 157 Farish Carter, across the Coosawattee, in Murray 158 Lindsey H. Smith, across Broad river in Elbert 158 T. R. Huson, across the Etowah 159 Floyd county manufacturing company, across the Etowah 77 MORTGAGES On personal property, foreclosed on affidavit of agent or attorney 138 Execution to issue in the county where mortgager lived at the time of executing it 138 N. NAMES The following changed, and persons legitimatized: Elizabeth Robinson, to Eliza Elizabeth Blount 166 Elizabeth Ann Harrell, to E. A. Johnson 166 Anna Atline Davis, to [Illegible Text] A. Graham 166 Elizabeth, Aquilla, Thomas W. and Lucinda Chiles, each to Phelps 167 William James, to William Little 167 Henry Hines, to Henry Brewer 167 Henry T. F. Wm. A. A. and Rebecca E. E. Stokes, each to Towns 167 Emily Green, to Emily Kinney 167 James Morrison, to James Grubbs 167 Harry G., Harriet, Sophrina and Louisa Hunter, each to Murphy 167 William Lindsey, to William Philips 167 Lewis D. Hall, to Lewis D. Yancey 169 Littleberry Rogers, to L. Hair 170 Wiatt Wiggs, to W. Holmes 190 Tolly Carroll, to T. Bailey 170 James Jefferson Bird, and William Jackson Bird, each to Dickson 170 George W. Terry, to George W. Graves 170 Amanda B. Stephens, to A. D. Speight 170 John Kitchins, to John Champion 170 John A. Haden, legitimatized 170 Nathaniel Hollon, changed to Nathaniel Gay 171 Daniel Salter, to Daniel Philips 171 Thomas P. Jones, to James Patterson 171 Jasper L. Samuel W. Narcissa E. Lily A. E. and Rebecca E. Pearson, each to Story 171 Griffin Smith, to Samuel Gibbs 171 Timothy C. Beasly, to T. C. Golding 172 Nancy Posey, legitimatized 172 Richard Rogers, changed to Richard Williams 172 Act of 1836, changing name of L. McLeroy, repealed 166 Act of 1838, changing names of, and legitimatizing reputed children of Jas. Hudson, amended 168 Act of 1838, legitimatizing Granville B. Beville, repealed 168 O. OHOOPIE RIVER Act of 1838, relative to, amended 207

Page VIII

P. PARDONS Granted to Phllip Johnson 184 James Templeton 184 John R. Bays 185 PATROL LAW Amended 185 PEDLERS Law amended, and tax reduced to $50 186 PHYSICIANS Act in reference to license of, revived, and Board appointed 187 RAIL-ROADS Thomaston Barnesville Railroad Co. incorporated 100 Memphis Branch R. R. and Steamboat Co. incorporated 105 Bellville Altamaha R. R. Canal River navigation Co. incorporated 97 Augusta Waynesboro' R. R. charter amended 89 Western At. R. R Act of 1838 for sale of State Scrip, c., amended 189 Commissioners authorized to pay extra damages to freeholders, in certain cases 193 Charter of Thos. Spalding and Associates, for R. R. amended 193 Central Railroad charter amended 192 Remedy of freeholders against Rail Road companies, defined 191 RECORDS Crawford Act of 1832, to establish destroyed records, revived 196 Heard certain records destroyed by fire, established 194 RELIEF To Willis H. Hughes and John W. Bassett 198 To Robert Paxton 199 To John Lee, tax collector of Pulaski 200 To Archibald A. Porter 68 To J. G. B. Adams and Edith Kimbrough 69 To Jos. J. Bracewell, Jno. D. Gordon, and others, of Pulaski 68 To Certain persons in McIntosh county, from jury and militia duty 201 ROADS ROAD LAWS Camden new road laid out, and commissioners appointed, c 205 Chatham Road laws amended, as relates to 208 Heard Road law of 1833 repealed, as relates to 204 Road laws amended, as to calling out hands, in certain cases 208 Act of 1836, authorizing a road from Dahlonega, by Ellijah to Murray county, amended, and new commissioners appointed 202 S. SENATUS ACADEMICUS UNIVERSITY Law amended, and proceedings in November, 1839, legalized 209 SILK CULTURE Law of 1838, for its encouragement, repealed 210 SITE OF PUBLIC BUILDINGS For Lee made permanent at Starksville 94 Chattooga at Summerville incorporated 210 Dade at Salem, incorporated 212 Dooly at some central point, to be called Glascock 213 SLAVES FREE PERSONS OF COLOR Act to regulate, in McIntosh and Liberty 216 Act of 1811 for trial of Slaves, amended as to Bryan county 143 Free persons of color, authorized to hold real estate in Darien 217 T. TAXES For support of Government, political year, 1840 218 Chattooga explanatory act, regarding taxes of, in 1839 34 Cobb extra tax authorized for certain purposes 219 Houston extra tax authorized for certain purposes 230 Morgan act of 1834, for extra tax, amended 221 Paulding act for refunding excess, collected in 1839 220 TAX RECEIVERS COLLECTORS Offices consolidated in certain counties see county Officers 43 44 Act of 1838, respecting their fees in Decatur, repealed 55 TOWNS For towns incorporated and charters amended, see Incorporations. St. Mary's Election of Commissioners in April, 1839, legalized 223 Springfield Commissioners authorized to sell vacant lots 223

Page IX

VOLUNTEERS Volunteer mounted company, in Bulloch, incorporated 85 Brunswick Guards, incorporated 88 Light Blues of Upson, incorporated 96 Republican Blues of Savannah, to be furnished with arms 188 Wayne county Guards to be furnished with arms 189 Certain Volunteers in Lowndes, unpaid, appropriation for 24 WEIGHTS MEASURES Standard of United States, adopted 224 Governor to procure Standards, and make proclamation 224 5 Inferior courts to procure them, and give notice 225 Penalty for using others of less dimensions 225 WITNESSES Fees of, increased in civil cases, in Muscogee 141 Act of 1794, for compelling witnesses in this State, to give evidence in cases in another State, extended to refusals to appear and give evidence under commissions issued from any of the courts of this State 145

Page XI

INDEX TO THE RESOLUTIONS. B. BATES, ASA Report on his claims as Commissioner Chattahoochee river 239 BIENNIAL SESSIONS Voters to endorse on their tickets annual or biennial 243 BOOKS AND PAPERS OF THE STATE Gov. to have rooms fitted up, c., for their arrangement and preservation 234 D. DISTRICTS Newly created, and unsupplied with Digests, c., to be furnts hed by the Governor: In Chattooga county 234 In Cobb county 233 237 In Forsyth county 245 In Lumpkin county 245 In Murray county 245 In Randolph county 232 In Stewart county 238 E. ELECTIONS Resolutions for electing by joint ballot: State House officers 231 State Printer 232 Major General of 1st Division, G. M. 232 Brigadier General, 1st Brigade, 5th Division 241 Brigadier General, 2d Brigade, 10th Division 245 Solicitors General Chattahoochee and Coweta Circuits 245 Directors on the part of State for certain Banks 238 Commissioners of Western Atlantic Railroad 240 Commissioners under the Free Banking Law 241 F. FLINT RIVER Governor to have suit brought against Commissioners, c 244 FUGITIVES FROM JUSTICE Resolutions concerning the delivery of, when found in another State 229 I. IVERSON, B. V. Report on his claims as Commissioner Chattahoochee river 239 M. MAIL ROUTES Our delegation to Congress requested to procure the establishment of: From Marietta, in Cobb County, to Cumming, in Forsyth 233 From Madison to Dahlohnega, via, Monroe, Lawrenveville and Cumming 235 From Clarksville, Ga., to Ashvilie, N. C. via Clayton Franklin 240 From Lafayette, in Walker county, to Salem, in Dade 241 MONUMENTS Governor requested to have erected over Gen. D. B. Mitchell, a Senator of Baldwin, and Robert Brown, a Senator of Murray 236

Page XII

P. PRESIDENT AND VICE-PRESIDENT Martin Van Buren and John Forsyth recommended 239 POOR SCHOOL FUND For paying amount due Harris County for 18367 228 PUBLICATION OF LAWS Directed to be made in two gazettes in Milledgeville 235 PUBLIC ARMS Collection and return of, directed 237 S. SURVEYOR GENERAL To be paid for two extra clerks 234 U. UNACOY ROAD Report resolutions concerning 242 W. WESTERN ATLANTIC RAIL-ROAD Resolution concerning the crossing of high ways by said road 227 Resolution for bringing on election of Commissioners 240