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:: S. F. GRANTLAND; 18111100 English

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; PASSED AT MILLEDGEVILLE, At an Annual [Illegible Text], In November and December, 1811. 18111100 18111200 Published by Authority. MILLEDGEVILLE: PRINTED BY S. F. GRANTLAND; STATE PRINTERS. 1811.

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; Passed in November December, 1811. AN ACT To alter and amend the several Judiciary Acts now in force in this state, so far as relates to Justices' courts. WHEREAS the said acts are not found to answer the purposes for which they were intended; 1. BE it enacted by the Senate House of Representatives of the State of Georgia in General Assembly met, it is hereby enacted by the authority of the same, That from and after the passing of this act, the Justices of the Peace in the respective company districts, or any one or more of them, shall have authority and jurisdiction to hear and determine all suits on any liquidated demand or account, for any sums of money not exceeding thirty dollars, by summons or warrant; Provided, that no justice of the Inferior court, clerk, sheriff or practising attorney, being a Justice of the Peace, shall try any warrant or give judgment thereon in any civil case whatsoever; and the said Justices are hereby authorised and empowered to give judgment and award execution thereupon; Provided nevertheless,

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that either party being dissatisfied, shall be allowed an appeal on payment of costs and giving security for the eventual condemnation money within three days after judgment; or the party cast may stay the levy of execution forty days on payment of cost, and giving security within four days after judgment; but no stay of execution shall be allowed after an appeal trial, for a longer time than twenty days; in which case, the security on the appeal, together with the security for the stay of execution, shall be liable for the debt and cost.And it shall be lawful for any person or persons who has or have in his, her or their hands any bond, note or account, which was given for any sum exceeding thirty dollars, and the amount of which has been reduced by any payment or payments or offsets to the sum of thirty dollars, or under, and which payment or payments are endorsed on the back of such bond, note or account; or where any bond, note, account or other agreement (gaming debts excepted) which in its original exceeded the sum of thirty dollars, but has been reduced by bond or bonds, note or notes, although of equal date and payable at the same time, to a sum or sums under or of thirty dollars each, that then and in every such case it shall and may be lawful for any person or persons who has or have in his, her or their hands, any such note or notes, bond or bonds or accounts as aforesaid, to bring suit thereon in the Justices' Court in the district where the debtor or debtors may reside; the Justice or Justices are hereby authorised to give judgment for whatever sum in his judgment appears to be due. 2 And be it further enacted, That all such appeals shall be tried [Illegible Text] any one or more justice or justices

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in the company district in which the cause originated, by five jurors, to be drawn, impanneled and sworn as hereinafter directed, and in no other manner whatsoever, whose verdict shall be final and conclusive between the parties (except removed by Certiorari); provided always, that no Justice or Justices of the Peace shall hold any Justices' Court, or pass any judgment in any civil case, on any other, or more than one day in each month, which day they may appoint in their respective districts; nor at any other place than that specially mentioned in the warrant or summons; which place shall be as near central as convenience will admit, which warrant or summons shall be served by any Constable of the district in which the defendant may reside, duly appointed and sworn to the faithful execution of his office, either by giving a copy to the defendant in person, or by leaving a copy thereof at his, her or their usual and notorious place of abode, at least ten days before the day of trial; and it shall be the duty of the Constable serving the summons or warrant, to make an entry of service thereon in writing, and sign [Illegible Text] return. 3 And be it further enacted, That where a suit shall be instituted in any Justices' court on any bond, note or other written obligation, subscribed by several persons living in different counties or districts, the plaintiff shall have his option to institute his suit in either of the counties or districts, and a copy of the original process being served on either or each of said obligors or promisors by an officer duly authorized, who shall make a return thereof under his hand to the person applying for such service, or the court from which the original issued; on such return being made, the Justice

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or Justices shall be authorised to enter up judgment against the several obligors or promisors, or either of them, who shall be summoned as aforesaid. 4. And be it further enacted by the authority aforesaid, That it shall and may be lawful for any Justice of the Peace, upon complaint made on oath by any person, that his or her debtor resides out of this state, or is actually removing without the limits of the same or any county thereof, or absconds or conceals himself, or stands in defiance of a peace officer, so that the ordinary process of law cannot be served upon him, to grant an attachment against the estate of such debtor, or so much thereof as shall be of sufficient value to satisfy the plaintiff's demand cost; which attachment shall be directed to, and levied by any lawful constable of the county where the property may be found, upon the estate of such debtor wherever to be found, either in the hands of any person indebted to or having effects of such debtor in their possession, and summon such person or persons to appear at the court to be held in and for the said district to which said attachment may be made returnable, there to answer on oath what he, she or they are indebted to, or what effects of such debtor he, she or they hath in their hands, or had at the time of levying such attachment; which being returned executed, the court may by order compel such person or persons to appear and answer as aforesaid. And where any person in whose hands such attachment may be levied shall deny on oath owing any money to, or having in his, her, or their hands any effects of such debtor, it shall and may be lawful for the plaintiff or his attorney or agent, to traverse such denial, thereupon an issue shall be made up, and the same shall be tried at the next

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term by a jury of five persons, drawn, impanneled and sworn in like manner as in appeals; but on good cause being shewn on oath, the trial may be put off one term at the instance of either party, and no longer; and if found against such garnishee, he, she or they shall be subject to pay the plaintiff such sum as shall be so found, and cost; and the court shall order judgment to be entered thereupon against such garnishee as against the original debtor, provided, that such Justice of the Peace shall before granting such attachment, take bond and security of the party to whom the same may be granted, in double the sum sworn to by the attaching creditor, payable to the defendant, for satisfying paying all costs damages which may be incurred by or happen to the defendant in case the plaintiff suing out such attachment should discontinue or be cast in his, her or their suit; which bond shall be returned to the court to which such attachment may be returnable; and such attachment shall be tried at or before the second Justices' court after the one to which it may be made returnable; and the party entitled to such costs and damages may bring suit and recover thereon: and every attachment issued without such bond being taken, or where no bond shall be returned to the court with the attachment, the said attachment is hereby declared to be illegal, and shall be dismissed with costs; provided always, that every attachment which may be issued as aforesaid shall be attested by the justice issuing the same, and shall be by the officer levying the same publicly advertised at the place of holding the courts in said district, and at one or more public places in the county, at least fifteen days previous to the court to which said attachment may be made returnable;

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and if any attachment shall be [Illegible Text] within fifteen days of the next court, such attachment shall be returnable to the succeeding court, and shall be tried as heretofore directed. And all goods and chattles, lands and tenements attached, shall be repleviable by the defendant's giving bond with good and sufficient security to the officer levying the same, which bond he is hereby empowered to take, compelling the defendant to appear at the court to which such attachment may be made returnable, and to abide by and perform the order of such court; Provided nevertheless, that all goods and effects attached and not replevied agreeable to the provisions of this act, where the same shall be of a perishable nature, the said Justice or Justices of the Peace shall, on motion of the plaintiff, his, her or their attorney or agent, order a safe of the same; the proceeds of such sale shall be paid into said court, by them applied to the discharge of the plaintiff's demand if established, and costs; and the balance, if any, returned to the defendant or his attorney; Provided nevertheless, that all sales of perishable property under attachment shall undergo the same formalities of other Constables sales under executions; and whenever any attachment shall be returned served in the hands of a third person, it shall be lawful on his or her appearance and examination, in the manner hereinafter directed, to enter up judgment as against the original debtor, and award execution for the money due by him or her to the absent debtor, and against such property or effects as may be in his or her hands or keeping belonging to such absent debtor, or so much thereof as will be of value sufficient to satisfy the judgment or judgments and costs. And all such goods and

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chattels, levied on as aforesaid and not replevied, shall, after the plaintiff has established his demands, be by order of the court sold and disposed of, for and towards satisfying the plaintiff's judgment, in like manner as if the same had been taken under execution; and where the property so attached and sold as aforesaid, should prove insufficient to satisfy the debt and cost, or where the same shall be of the nature of real estate, then and in that case, it shall be the duty of said Justice to issue execution or executions for the amount of said judgment and cost, or so much thereof as remains unsatisfied. And when any person as garnishee returns debts due to the absent debtor, the court shall order the same to be sued for, and when recovered subject to the order of the court. 5. And be it further enacted, That in all cases brought before any Justices' court, the best evidence the nature of the case will admit of shall be required; nor shall any person, plaintiff or defendant, be permitted to prove his or her account by his or her own oath, without first making oath in writing, that he or she hath no other evidence whereby to establish the same, that is in his or her power to procureand in all cases of mutual debts setts off, the said Justice or Justices may enter up judgment for the defendant where it shall satisfactorily appear that there is a balance due him or her; and on good cause being shewn on oath by either party, the said Justices may postpone the trial three terms and no longer; and where an execution is levied on property claimed by any person not a party to said execution, it shall be the duty of the constable to postpone the sale of such property, and make return thereof to the first court [Illegible Text] said district; Provided, the person putting in such

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claim shall first make oath in writing, that said property is not liable to said execution, and shall also give bond and security in double the amount of said execution, which bond the constable is hereby authorised to take, payable to the plaintiff in execution, with condition to pay all costs and damages which he or she may sustain, in case it should appear such claim was frivolous intended for delay only, recoverable in any court having cognizance thereof; it shall be the duty of the said court to cause the right of property to be tried at the next term by five jurors, to be drawn and impannelled in like manner as appeals, and on good cause being shewn on oath, the court may postpone the trial for one term, and no longer. 6 And be it further enacted, That the said justices shall have power and authority to hold to bail for debts within their jurisdiction, under such restrictions and regulations as prevail in the Superior and Inferior courts. 7 And be it further enacted, That any Justice of the Peace may issue summonses for witnesses resident within the county in any case to be tried before him, which shall be served five days before the day of trial; and such witnesses shall be subject to a fine of not exceeding ten dollars for default, at the discretion of said justice, and moreover be liable to the party grieved, by action in any court having jurisdiction of the same, for any damages he may sustain by such default, who may issue execution for the amount of said fine; provided, sufficient excuse shall not be made at or before the next court day; provided also, that all witnesses duly summoned and attending said court, who may reside out of the district where such court may be held, shall receive seventy-five

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cents per day for their attendance; and provided also, that there shall not be taxed in the bill of cost the expence of more than two witnesses to prove the same fact; and it shall be the duty of all persons summoned as aforesaid, to attend from time to time until the cause shall be determined, or they be otherwise discharged by the court; and all fines shall be paid into the hands of the Inferior Court for the use of the county; and when any witness resides out of the county, whose evidence may be material for either party in any cause pending in the said Justices' court, it shall and may be lawful for the party wishing to obtain such testimony to obtain a commission from the Justice issuing the summons, first giving the adverse party, his agent or attorney, five days notice, accompanied with a copy of the interrogatories intended to be exhibited, which commission shall be directed to any two or more freeholders, one of whom shall be a Justice of the Peace, to examine on oath all and every such witness or witnesses; and such examination when so taken shall be sealed up by the Commissioners and directed to the magistrate by whom it was issued, and on returning the same shall swear that it has undergone no alteration from the time of his receiving it of the Commissioners; and the commission and interrogatories so issued, executed and returned, shall be read on the trial at the instance of either party. 8 And be it further enacted, that the method of drawing jurors for the trial of appeals, and all other cases in justices courts in each district, shall be as follows; the Justice or Justices residing in each Captain's District, in conjunction with the commanding officers of said district, shall once in

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every two years procure or make out a list of all persons liable to serve as jurors in the superior courts, who may be residents in their respective districts, and shall write the name of every person so liable on a separate piece of paper, which shall be deposited in a box in an apartment marked No. 1, and shall draw therefrom not less than five nor more than seven of the names so before deposited, from time to time, to try the causes so depending before them, which names so drawn shall be entered in a book by the Justice presiding at the drawing thereof, shall be deposited in an apartment of said box marked No. 2, and after all the names are drawn from No 1, they shall commence drawing from No. 2, and so on alternately; Provided, that no Justice shall presume to draw any jury but on a court day and in public, and by a person not interested in any suit to be tried by said jury; and any person so drawn and summoned by a constable five days before court neglecting to appear, shall be fined by the justice or justices in a sum not exceeding three dollars, unless such juror shall shew sufficient cause of excuse on oath at the next term; and in all cases of deficiency of jurors, the constable by the direction of the Justices shall fill and complete such jury from the bystanders, Provided, there shall not be less than three of the original pannel on such jury; and they shall for every verdict by them given in, be entitled to twenty five cents, to be paid by the party in whose favor such verdict may be given, and to be taxed in the bill of costs. 9. And be it further enacted, That the oath to be administered to the jury on the trial of appeals, also for the trial of the right of property and on a [Illegible Text] trial in justices courts, shall be as follows;

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you shall well and truly try the cause now pending between A. B. plaintiff and C. D. defendant, and a true verdict give according to equity the opinion you entertain of the evidence produced to you, to the best of your skill and knowledge, without favor or affection to either party, provided, the case is not withdrawn, so help you God. 10. And be it further enacted, That where any person or persons, charged with any offence and brought before a Justice or Justices of the Peace shall be discharged for want of sufficient cause of commitment, the Justice or Justices may in his or their discretion discharge the party with cost, or direct the cost to be paid by the prosecutor. 11. And be it further enacted, That no person shall be permitted, in any trial in said Justices' court, to deny his bond, note, or bill for money or other thing, unless such person shall first make oath in writing to the truth of such denial. 12. And be it further enacted, That in case any person or persons after being summoned to answer any complaint for debt, before any Justice of the Peace, shall before the sitting of such court remove out of the district, such Justice may nevertheless give judgment against him, her, or them; and if any person shall after judgment of such court remove out of the district or county, before satisfaction made, such Justice may in either case issue execution against such person or persons, which execution being backed by any Justice of the county where such person or persons, or his, her, or their property may be found, may be levied by any lawful constable of said county. 13. And be it further enacted, That if any person or persons shall live or reside within any county or district for the [Illegible Text] of ten days, the

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same shall constitute a sufficient residence so as to authorise the Justices of said county or district to proceed against him, her, or them, before any company district court, as herein before pointed out, for all debts within their jurisdiction. 14. And be it further enacted. That in case there be no Justice of the Peace resident in any Captain's district, then it shall and may be lawful for a Justice in any adjoining district, to proceed in like manner as if the defendant was an inhabitant of his district, and all cases in which a Justice of the Peace may be a party, shall be tried in the nearest Justices' court to the residence of the defendant in said county, and not within the district in which he may reside. 15. And be it further enacted, That the Justices of the Peace of the respective counties shall be, and they are hereby declared to be liable to prosecution and trial by indictment for malpractice in office; and it shall be the duty of the Attorney or Solicitor General, on complaint made to them or either of them, on oath, by any person or persons, to frame and prefer a bill of Indictment to the Grand Jury of the county in which the Justice or Justices complained of may reside, containing the merits of the complaint specially set forth; which indictment, if found by the Grand Jury, after hearing the evidence and the parties, shall be tried by a petit jury, and if convicted on such indictment, the judgment of the court may extend to fine and removal from office, or either, at discretion. 16. And be it further enacted, That when it shall appear by the return of a constable on any execution or executions, that the same has been paid by a security or securities, it shall be the duty of the Justice or Justices to make an entry thereof

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in their docket book, and such security or securities shall have the use and controul of said execution or executions for the purpose of remunerating him, her, or themselves out of their principal, although said execution may have been levied and property sold to satisfy the same. 17. And be it further enacted, That it shall be the duty of constables to advertise all intended sales at two or more of the most public places in their proper district, and at one or more of the most public places in the county, at least fifteen days before any sale, and shall give a full and clear description of the property to be sold; and all constables sales shall be at the place of holding Justices' courts in the several company districts, and on a court day, and that between the hours of ten and three o'clock. 18. And be it further enacted, That no constable shall be authorised to levy on any negro or negroes, or real estate, unless there is no other personal estate to be found sufficient to satisfy the debt, and then and in that case, they are hereby authorised to levy on the same wherever to be found, and deliver over the execution or executions to the sheriff of the county, with a return of the property levied on, who shall proceed to sell the same, with such formalities as are prescribed for the sale of real estates. 19. And be it further enacted, That all judgments which may be obtained in, and executions issued from, any Justices Court after the passing of this act, shall bear equal dignity with judgments obtained in and executions issued from the Superior or Inferior Courts, and shall bind all the property of the defendant from the date of the said judgment; and also all the property of his, her

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or their securities from the time of their entering themselves as such until the same shall be satisfied. 20 And be it further enacted, That a reasonable compensation shall be allowed to Constables, for carrying property levied on to the place of sale, when there appears an absolute necessity for so doing, to be adjudged of by the Justice or Justices resident in said district. 21 And be it further enacted, That it shall be the duty of the constables of the several districts to levy all executions put into their hands agreeably to the tenure thereof, and to make due returns of the same, together with all summonses or warrants, to the court to which they may be made returnable; and if any constable shall fail to execute and make returns, or to pay to or account with any person for whom he may have received money on any execution, within ten days after the reception thereof, the person so injured as aforesaid, may upon application to any Justice within the district where said Constable may reside (and in case there should be no Justice in said district, then an application to a justice in any adjacent district) whose duty it shall be to grant a warrant to such applicant against such Constable, and such justice shall upon proof thereof award judgment and execution for the same and all cost against such Constable, and also fine him for such abuse in a sum not exceeding ten per cent on the amount so withheldand in case of neglect or refusal to serve and return any warrant or summons as aforesaid, may [Illegible Text] the Constable so offending, in a sum not exceeding the amount of the debt due by the defendant; and all Constables shall moreover be subject to be prosecuted and tried

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for malpractice in office, in like manner as herein pointed out for Justices of the Peace, and liable to like pains and penalties. 22 And be it further enacted, That from and after the passing of this act, Justices of the Peace and Constables throughout this state, shall receive the following fees for the services hereinafter mentioned, and no more. Justices' of the Peace Fees in Criminal cases. For affidavit to obtain a warrant, twenty-five cents; for making out a warrant, twenty-five cents; for making out a commitment, twenty-five cents; for making out recognizance and returning the same to court, twenty-five cents; for each subp[oelig]na for witnesses, twelve and an half cents. In Civil cases. For a warrant or summons, twenty-five cents; for each cause tried by said Justice, twenty-five cents; for affidavit to obtain an attachment or to hold to bail and taking the bond, fifty cents; for each execution, ca. sa. or attachment, twenty-five cents; for taking interrogatories and certifying the same, one dollar; for drawing jury and making out venire, twenty-five cents; for each cause tried by said Jury, twenty-five cents; for each affidavit where there is no cause pending, twenty five cents. Constables Fees in Civil cases. For serving a warrant, summons, or subp[oelig]na, twenty-five cents; for each additional copy, twenty-five cents; for attending each trial in a Justices' court, twenty-five cents; for summoning a jury, fifty cents; for each cause tried by said Jury, twenty-five cents; for levying and advertising an attachment, twenty-five cents; for levying a ca. sa. or execution advertising, twenty-five cents;

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carrying a prisoner to jail per mile, four cents; for carrying a negro to and from jail when under execution per mile, four cents; for keeping a horse, mare, mule, ass or ox per day, twelve and an half cents; for each head of neat cattle per day, three cents; for each head of sheep, goats or hogs per day, two cents; and shall moreover be entitled to five per centum on the amount of sales made by him under execution. 23 And be it further enacted, That in future any person or persons who may institute any suit or suits in any Justices' court, shall be at liberty to settle or withdraw the same at any time, on payment of the cost which may have already accrued. And in all cases where execution or executions may issue and being returned with an entry of service thereon, no property to be found whereon to levy, the plaintiff is hereby liable and bound for the cost, and that on refusal to pay the same, execution may issue for the said amount against the said plaintiff. 24. And be it further enacted, That it shall be the duty of any Justice of the Peace on return made to him by any overseer of a road or roads, to issue his warrant against such defaulter or defaulters, on hearing the excuse or excuses of such defaulter or defaulters to assess the fine or fines which the existing road laws in said county require, and issue execution for the same, unless the excuse so offered shall be satisfactory. 25. And be it further enacted, That it shall be lawful for any constable of the county to serve any warrant or summons wherein any Justice of the Peace or constable may be a party, and to summons any witnesses to serve any bail warrant or attachment and to make due return thereof to the court to which the same may be made returnable

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and where it may so happen that there is no constable in the district, it shall and may be lawful for any constable in the county to act in the said district in all respects as if such constable had been appointed for said district. 26. And be it further enacted, That the Justice or Justices in any district having no constable, is hereby authorised and empowered to appoint not exceeding two fit and proper persons within the said district, to whom they shall administer the oath of office, who shall give bond and security as pointed out by law. And the person or persons so appointed shall continue in office until the next Inferior court, and until a successor is duly appointed and qualified. 27. And be it further enacted, That the Justices of the Peace of the several districts shall have power during the setting of their respective courts, to fine or imprison any person or persons for contempt of said courts, to be adjudged of by the said Justice or Justices, in any sum not exceeding two dollars, and imprisonment for a term not exceeding two days for each offence, which said fine when collected, shall be paid over into the hands of the Inferior court for county purposes. 28. And be it further enacted, That all laws and parts of laws heretofore passed regulating Justices courts, which militate against this act, be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate: Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 14th December, 1811.

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AN ACT To amend an act, to amend the several acts regulating roads in this state, so far as respects the operation of said acts in the counties of Bryan, Liberty, M'Intosh, Glynn, Camden and Wayne, dated 8th December, 1806so far as respects Camden county. WHEREAS means have been resorted to, or pretences have been made to evade the just and equitable intention and construction of the late laws, pased for the improvement of the main Post Road in Camden county, and the public interest hath sustained material injury by the neglect or refusal of several individuals, to allow their slaves to perform their due and regular share or tour of duty on the main Post Road, leading from Fort Barrington to St. Mary'sFor the better regulating and enforcing due obedience to the said laws; 1. BE it enacted by the Senate House of Representatives of the State of Georgia in General Assembly met, That immediately after the passing of this act, the Justices of the Inferior court of Camden county shall be authorised, and hereby are required to appoint three Commissioners for each district of Post Road, who are to direct and superintend the labor to be performed on the main Post Road leading through said county, until the same shall be complete, and that the said Justices shall also have power and authority to fill all vacancies in the Board of Commissioners, that may be occasioned by resignation, death or otherwise,

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and that the power and authority of the Road Commissioners who have been appointed previous to the passing of this act, shall henceforth cease and be determined 2 And be it further enacted, That the Commissioners of the main Post Road, shall be considered as a Board separate and distinct from the Commissioners or Superintendants of private bye roads, and that they are authorised to vote on any question that hath been, or hereafter may be submitted for the consideration and discretion of the said Board, and that no Commissioner charged as a defaulter, shall be allowed to vote as a member of the Board at the time of his trial; neither shall he have a vote on any question, the result of which may involve his individual interest, either directly or indirectly, and any proceedings of a Board of Commissioners that have been had, or hereafter may occur, contrary to the principles or true intent and meaning of this section, shall be, and hereby are declared null and void. 3 And be it further enacted, That the general meetings of Commissioners of the main Post Road in Camden county, shall be at the town of Jefferson, on the first Saturday in May next, and annually thereafter, with liberty to adjourn to such other places and times as the Board may direct, five of whom shall be competent for the trial of an offence committed by one of their own body, should no greater number attend at the time appointed, and also to impose, and cause to be collected, any fine not exceeding thirty dollars; and they are hereby vested with full power to make and establish such Rules and Regulations for the government of themselves, and the persons who may be subject to their direction, as

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a majority of the quorum convened may agree on; provided, the Rules and Regulations shall not be repugnant to this law, and such parts of road laws as are not repealed by this law; and provided, the time of service or labor required shall not exceed six days at any one time, nor twelve days in any one year, and provided, a notice of at least five days shall be given to the party, whose labor may be required previously thereto. 4. And be it further enacted, That the Board of Commissioners aforesaid, shall be authorised to appoint a Secretary or Clerk, who shall keep a record of their actings and doings, for which service he shall be compensated out of the road fines at the discretion of the Board; which record shall be open to the inspection of the public. 5. And be it further enacted, That the Justices of the Inferior court of Camden county, or a majority of them, are hereby empowered at their discretion, to grant the prayer of petitioners for private or bye roads also, to appoint superintendants for the same at all times when requisite; and that all fines and forfeitures incurred by neglect, or refusal to perform road duty, or otherwise, when collected, shall be paid over to the person appointed by the General Board to receive the same. 6. And be it further enacted, That no white person shall be bound to perform manual labour, nor any other than militia duty on the roads, or that of overseeing and directing slaves or persons of colour. 7. And be it further enacted, That should a part of the Post Road in the second district become injured, the Commissioners thereof shall be

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authorised to direct a suitable portion of labor sowards keeping the same in passable repair at any time previous to the completion of that part of the road through the Swamp opposite to Brown's landing; any former law to the contrary notwithstanding. 8. And be it further enacted, That any laws, or parts of laws, which militate against this act, be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives, MATHEW TALBOTT, President of the Senate, Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811. AN ACT To alter the first section of the third article of the Constitution. WHEREAS the first section of the third article of the Constitution is in the words following, to wit: The Judicial powers of this State shall be vested in a Superior Court, and such Inferior Jurisdictions as the Legislature shall from time to time ordain and establish. The Judges of the Superior courts shall be elected for the term of three years, removable by the Governor, on the address of two thirds of both houses for that purpose, [Illegible Text] by impeachment and conviction thereon. The Superior courts shall have exclusive and

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final jurisdiction in all criminal cases which shall be tried in the county where the crime was committed, in all cases respecting the titles to lands, which shall be tried in the county where the land lies, and shall have power to correct errors in Inferior Judicatories by Writs of Cartiorari, as well as errors in the Superior courts, and to order new trials on proper and legal grounds, provided, that such new trials shall be determined, and such errors corrected in the Superior court of the county in which such action originated; and the said court shall also have appellate jurisdiction in such other cases as the Legislature may by law direct, which shall in no case tend to remove the cause from the county in which the action originated, and the Judges thereof in all cases of application for new trials or correction of errors, shall enter their opinions on the minutes of the court The Inferior courts shall have cognizance of all other civil cases, which shall be tried in the counties where the defendant resides, except in cases of joint obligors residing in different counties, which may be commenced in either county, and a copy of the petition and process served on the party or parties residing out of the county in which the suit may be commenced, shall be deemed sufficient service under such rules and regulations as the Legislature may direct; but the Legislature may by law, to which two thirds of each branch may concur, give concurrent Jurisdiction to the Superior courts. The Superior and Inferior courts shall sit in each county twice every year, at such stated times as the Legislature shall appoint; 1. BE ittherefore enacted by the Senate and House of Representatives of the State of Georgia in

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General Assembly met, and by the authority of the same, That the Judicial powers of this State shall be vested in a Superior, Inferior, and Justices Courts, and in such other courts as the Legislature shall from time to time ordain and establish. The Judges of the Superior Courts shall be elected for the term of three years, removable by the Governor on the address of two thirds of both branches of the General Assembly for that purpose, or by impeachment and conviction thereon. The Superior courts shall have exclusive and final jurisdiction in all criminal cases (except as relates to people of color, and fines for neglect of duty, and for contempt of court, for violations against road laws, and for obstructing water courses, which shall be vested in such Judicature or tribunal as shall be, or may have been pointed out by law), which shall be tried in the county where the crime was committed, and in all cases respecting titles to land, which shall be tried in the county where the land lies; and also concurrent jurisdiction in all other civil cases, and shall have power to correct errors in inferior judicatories by Writ of Certiorari, as well as errors in the Superior Courts, and order new trials on proper and legal grounds, provided, that such new trials shall be determined, and such errors corrected in the Superior Court of the county in which such action originated; and the said court shall have appellate jurisdiction in such other cases as are, or may be pointed out by law, which shall in no case tend to remove the cause from the county in which the action originated; and the Judges thereof in all cases of application for new trials or correction of errors, shall enter their opinion on the minutes of the court. The Inferior

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courts shall also have concurrent jurisdiction in all ivil cases, (except in cases respecting the titles to lands, which shall be tried in the county where the defendant resides; and in cases of joint obligors or joint promisors, residing in different counties, the same may be brought in either county, and a copy of the petition and process served on the party residing out of the county in which the suit may be commenced, shall be deemed sufficient service, under such rules and regulations as the Legislature have, or may direct. The Superior and Inferior courts shall sit in each county twice in every year, at such stated times as have, or may be appointed by the Legislature. 2. And be it further enacted, That so soon as this act shall have undergone the requisitions required by the Constitution, it shall become a part of the Constitution of this State. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811. AN ACT To ameliorate the Criminal Code, and conform the same to the Penitentiary System. PERSONS CAPABLE OF COMMITTING CRIMES. 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, That

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all persons are hereby declared capable of the commission of crimes, except those included under the following heads, in whom a want or defect of will is manifest, viz: 1st. Infants under the years of discretion, in whom no doli capacitas or capability for mischief, appears to exist. 2nd. Lunatics or idiots. 3rd. When the crime or unlawful act is committed by misfortune or chance, and not by design. 4th. Ignorance or mistakewhen with the intent of doing a lawful act, an unlawful one is committed. 5th. When actions, unlawful and criminal, are committed by compulsion and inevitable necessity. 2. And be it further enacted, That when any infant or infants under the years of discretion, shall or may commit any crime or unlawful act with malice, the evidence of such [Illegible Text] shall, before conviction of such crime, be clear and strong beyond all doubt and contradiction. 3. And be it further enacted, That if any lunatic shall and does, in a lucid moment, commit any crime or unlawful act, such lunatic may, and shall on conviction thereof, and on good evidence of such lucid moment, be adjudged to such penalty as may be by law annexed to the commission of such crime. 4. And be it further enacted, That if any person in sound mind or memory commit a capital offence, and before arraignment for it become insane, he shall not be arraigned for it; if after having pleaded, he shall not be tried; if after being tried and found guilty, judgment shall not be

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pronounced; and if after judgment, execution shall be stayed, unless such person or persons become compos mentis or sound in mind. 5. And be it further enacted, That if any person or persons shall attempt to perpetrate any arson, rape, burglary, robbery or larceny, and a consequence ensues which he, she or they did not foresee or intend, as the death of a man or such like, such want of foresight shall be no excuse, for being guilty of one offence in doing antecedently what is in itself heinous and unlawful, he she or they is or are criminally guilty of whatever consequence may follow such first misbehaviour. 6. And be it further enacted, That no crime shall be excused by ignorance or error in point of law, but only by ignorance or mistake of fact 7. And be it further enacted, That in all cases wherein a [Illegible Text] may commit any crime or crimes, except high treason, murder and manslaughter, and the keeping a brothel or disorderly house in the company of her husband, she shall not be considered guilty of said crime or crimes, but her husband, by whose coercion she is supposed to act, shall be, and is hereby declared amenable to the laws for such act. 8. And be it further enacted, That if any slave shall by command of his or her master, owner or employer, or person having charge of such slave, commit any crime or crimes, except felony, such slave is declared not [Illegible Text] of such act, but such master owner, employer or person having charge of such slave, by whose command such crime or crimes may have been committed. PRINCIPALS AND ACCESSORIES. 9. Be it enacted by the authority aforesaid,

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That he, she or they, who shall be the actor or actors, or absolute perpetrator or perpetrators of any felonious act, except as provided in the two preceding sections, shall be, is or are hereby declared to be principal or [Illegible Text] in the first degree, he, she or they who shall be present, [Illegible Text] and abetting the fact done, principal or principals in the second degree. 10. And be it further enacted, That the presence shall not be construed, always to be an actual immediate standing by, within sight and hearing of the fact, but that he, she or they who may be keeping guard or watch at some convenient distance shall be, and are hereby declared to be aiding and abetting, and is or are, consequently, principal or principals in the second degree. 11. And be it further enacted, That in cases of death by poisoning, he, she or they who shall with malicious intent prepare or lay the poison, or persuade other person or persons ignorant of its poisonous qualities to drink it, or give it to him, her or them for that purpose, and yet not administer it personally, nor be present when the very deed of poisoning is committed, shall be, and is or are hereby declared to be principal or principals in the first degree. 12. And be it further enacted, That he, she or they, who shall lay any trap or pitfall for another, whereby he or she is killed, let out any wild beast with intent to do mischief, so that death thereby ensues, or excite an idiot or person insane, or a child under the age of legal discretion to commit homicide is, or are, in each and every of these cases, declared guilty of homicide as principal or principals in the first degree. 13. And be it further enacted, That he, she or

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they who shall not be the chief actor or actors [Illegible Text] the offence, nor present at its commission, aiding and abetting, but is or are in some way concerned therein, either by advising [Illegible Text] counselling the act to be done, or shall conceal or protect the perpetrator or perpetrators after the commission of the offence, are hereby declared accessories to such fact. 14. And be it further enacted, That in all felonies there are and may be accessories, except in homicide in the first and third degree, where there are and can be no accessories before the fact. 15. And be it further enacted, That he, she or they, who being absent at the time of the crime's being committed, doth or do notwithstanding procure, counsel, or command another to commit a crime, except homicide in the first and third degrees, whereby such crime is actually committed, is or are declared accessories before the fact. 16. And be it further enacted, That he, she or they, who knowing a crime to have been committed, assists the criminal in resisting the law, or making his escape from justice, except in the case of husband and wife, is or are declared accessories after the fact. 17. And be it further enacted, That if any person or persons advise or counsel another to kill a child before its birth, and the child be killed after its birth, in [Illegible Text] of such advice, such adviser or advisers is or are declared accessory to the murder. 18. And be it further enacted, That except in the case of homicide in the first degree, accessories shall be, and are hereby declared punishable in like manner, though in less degree, with the principals.

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19. And be it further enacted, That no accessory can be guilty of a higher crime than his principal, nor shall he be tried before the principal is convicted. 20. And be it further enacted, That in crimes of Treason against the state, and of trespass, there are no accessories, but that every particeps criminis, or accomplice in the fact, is principal. TREASONS. 21. Be it enacted by the authority aforesaid, That if any person or persons shall, or do levy war against this State, within the limits of the same, or be adherent to the enemies of the state within the same, giving to them aid comfort in the State or elsewhere, and thereof be legally convicted of any one overt deed, by the evidence of two sufficient and lawful witnesses, or his own voluntary confession, the cases above rehearsed shall be, and are hereby declared treason, which extendeth to the state. 22. And be it further enacted, That if any person or persons shall erect or establish, or cause, or procure to be erected or established, any government, separate from or independent of the government of this state, within the limits thereof, unless by act of the Legislature of this state for that purpose first obtained, or shall hold or execute under any such usurped government, any office, Legislative, Executive, Judicial or Ministerial, by whatever name such office may be distinguished or called, or shall swear, or otherwise solemnly profess allegiance or fidelity to the same, or under pretext of authority derived from or protection afforded by such usurped government, shall resist or oppose the due execution of the laws of this state, such person or persons shall be,

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and is or are hereby declared guilty of Treason towards the state. 23 And be it further enacted, That all and every such person or persons who shall and may be, on the good and sufficient evidence of two witnesses, convicted of the aforesaid crime of High Treason towards this state, shall be punished with death. FELONY. 24. Be it further enacted by the authority aforesaid, That the crimes of homicide, in the first, second and third degrees, arson, larceny, burglary, robbery and forgery, shall be and are hereby declared felony. HOMICIDE. 25. Be it further enacted, That homicide shall be construed, and by this act is declared to be the killing of any human creature; and such homicide is hereby divided into three degrees, to each of which shall appertain punishments as hereafter expressed. 1. If any person or persons of sound mind with malice aforethought, express, shall kill a human creature, he, she or they shall be guilty of homicide of the first degree, and being duly convicted thereof by the verdict of a jury, shall suffer death, under the sentence or judgment of the court, at such time and piace, as shall be stated in the said sentence or judgment, by being hanged by the neck until dead. Malice expressed, shall in all Courts of Justice be construed, and is hereby declared to be evidenced by such cases only, in which the fact of malice concurs with the act of killing, or where the act shews a malice against all mankind. 2. If any person or persons of sound mind with

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malice aforethought, implied, shall kill a human creature, and being duly convicted thereof by the verdict of a jury, he, she or they shall be [Illegible Text] of homicide of the second degree, and shall be condemned by the sentence of the court to hard labor or solitude in a Penitentiary for a term of years not less than three nor more than fifteen. 26. And be it further enacted, That [Illegible Text] implied, shall be construed by all courts of Justice in this state, and is hereby declared to be evidenced by such cases only in which the point of fact or malice concurs with the act of killing by the imputation of law only, and when the act of killing happens in the performance of some felonious act, principally or wholly intended for some different purpose. 27. And be it further enacted, That if any person or persons shall suddenly and unexpectedly without any premeditated intention of committing the deed kill another, he, she or they shall be guilty of homicide of the third degree, unless herein otherwise pointed out, and being duly convicted thereof by the virdict of a jury, shall be condemned by the sentence or judgment of the court to hard labor or solitude in a Penitentiary for a term of time not more than ten, nor less than two years. Provided nevertheless; 28. And be it further enacted, That if the killing or homicide shall arise from an intention on the part of the slayer, to arrest the commission of crimes of a felonious nature, or by an officer in the strict execution of his office, and committed for the advancement of public justice; or such as may arise by misadventure, in the execution of a lawful or innocent act, or in self defence, where

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the attack is immediate and the danger iminent, and where there is no premediated intention to meet or encounter the danger, and the prisoner or prisoners at the bar shall prove the same to the satisfaction of the jury, and the jury in their verdict do specifically state the homicide to be within this proviso, and not of the first, second or third degree; the court shall thereupon immediately discharge such prisoner or prisoners, and that without cost. 29. And be it further enacted, That in all cases of trial for homicide, where the killing is admitted by, or proven against the prisoner or prisoners, the jury shall be bound to specify in their verdict, the degree of homicide whereof the prisoner or prisoners is or are convicted. 30. And be it further enacted, That in all Indictments presented to a Grand Jury under this act relating to homicide, the charge or count to be contained in such Indictment, shall always be for homicide of the first degree, who, may upon the evidence produced to them, find, and are hereby authorized to find a true bill for any one of the degrees of homicide, as shall upon their oaths appear suitable to the testimony; and the person or persons so indicted, shall be tried upon the charge or count so found, provided nevertheless, that if the bill found by the Grand Jury for homicide be not within the first, second or third degree, the prisoner or prisoners so indicted shall immediately be discharged by the court without arraignment or further proceedings. 31. And be it further enacted, That all aiders and abettors before the fact in homicide of the first degree, knowing or wilfully aiding or assisting any person or persons in committing the said

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crime, shall be equally guilty as the principal or principals, and be considered in law as principal in the commission of said crime; and on conviction shall, by the sentence and judgment of the court, be punished in the like manner as provided for by this act, against persons convicted for the crime of homicide in the first degree; and all accessories after the fact, in the commission of the crime or crimes provided against by this act, shall, on conviction thereof, be, by the sentence and judgment of the court, punished, if of the first degree, by confinement in the Penitentiary for a term not less than two, nor more than five years; if of the second degree, for a term not less than one, nor more than three years; and if of the third degree, for a term not less than six months, nor more than one year. Sec. 32. And be it further enacted, That if any person or persons die of any homicidal act within three calendar months after the stroke, blow, wound, hurt or injury received, or cause of death administered, and it be proved that the stroke, blow, wound, hurt or injury so received, or cause of death administered, was the cause of such person or persons death, the offender or offenders shall be liable to the penalties of this act, in the like manner as if death had ensued immediately; Provided nevertheless, that in cases of laying in wait, deliberate shooting, poisoning, or cruel and unmerciful beating, in all which cases, the person or persons dying thereof within six months, will attach the crime on the offender or offenders, and in the computation of the time, the whole day upon which the hurt was done shall be reckoned the first, and continue until the expiration of the

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twenty four hours of the last day of the said three or six calendar months. Sec. 33. And be it further enacted, That in the trial of any indictment for homicide in this state, if the person or persons so indicted or charged, stand mute, or do not answer to said indictment or charge, or confess the same in open court, the Judge or Judges after admonishing such person or persons, shall, if he, she or they persist in the same course of conduct, proceed to the trial of such person or persons as if he, she or they had plead not guilty, and pass the same sentence and judgment in case of conviction, as if the pleadings had been regularly made up; and said pleadings shall be so made up by the clerk of the court under the inspection of the Judge, or by the counsel appointed by the court, for the person or persons so indicted or charged; Provided nevertheless, That if the said person or persons be idiotic or not of sound mind, the court shall empannel a jury to enquire into said fact, and on ascertaining the same, shall discharge the person if an idiot, and if a lunatic, he shall be remanded to jail. Sec. 34. And be it further enacted, That all prisoners tried under this act, shall be arraigned by being called to the bar or place of trial, and upon the prisoner or prisoners answering to his, her or their name or names, the officer acting for the state shall proceed to read the indictment without further formality. Sec. 35 And be it further enacted, That the benefit of clergy in cases of homicide, as heretofore claimed in this state, or any legal exception arising from the omission of the words benefit of clergy in this state, is abolished declared a nullity and of no force, so far as respects the punishment

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of death provided for against any person or persons convicted of homicide in the first degree. FORGERY. Sec. 36. Be it further enacted, That if any person or persons shall falsely make, forge, alter or counterfeit, or cause or procure to be falsely made, forged, altered or counterfeited, or willingly act or assist in the falsely making, forging altering or counterfeiting any audited certificate issued by the Auditor General, or any order or warrant issued by His Excellency the Governor, or the Honorable the President of the Senate or Speaker of the House of Representatives of this state on the Treasurer thereof, for any money or other thing, or any warrant for land, issued by the Justices of any land court within this state, or any certificate, draft, order or warrant from any of the public officers of this state, issued under or by virtue of any act or resolve of the General Assembly, or any deed, will, testament, bond, writing obligatory, bill of exchange, bank bill, promisory note, or order for money or goods, or acquittance or receipt for money or goods, or any endorsement or assignment of any bond, writing obligatory, bill of exchange, bank bill, promisory note, or order for money or goods, with intent to defraud any person or persons whatsoever, or shall utter or publish as true, any or either of them, knowing the same to be fals ely made, uttered, forged, or counterfeited, every such person or persons so offending shall, upon conviction thereof, according to due course of law, be condemned to imprisonment and hard labor in the Penitentiary of this state, for and during a term not less than four, nor more than twelve years.

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Sec. 37. And be it further enacted, That if any person or person shall falsely make, forge, utter or pass any base metal as gold or silver coin within this state, knowing the same to be false, base or forged, and be thereof convicted, he, she or they shall be condemned to hard labor and imprisonment in the Penitentiary, for and during a term not less than five years, nor more than fourteen. PERJURY AND SUBORNATION OF PERJURY. Sec. 38. Be it further enacted, That if any person or persons shall commit perjury, or that crime committed where a lawful oath is administered in some judicial proceeding, to a person who swears wilfully, falsely and absolutely in a matter material to the issue or point in question, he, she or they shall upon conviction thereof, be punished by a full and complete forfeiture of all the rights of citizenship as hereinafter expressed, for during the term of twenty years, in the same manner as if such had never been enjoyed, i. e. shall not bear testimony in any case whatever, in any court of Justice, or before any magistrate, act as juror, exercise or hold any office of honor or profit, [Illegible Text] or military within this state, for during the term above mentioned, and shall by the sentence of the court be confined to solitude or hard labor for and during the term of not less than three, nor more than seven years. Sec. 39. And be it further enacted, That if any person or persons wilfully bear false evidence against any person or person accused of capital crimes, whereby he, she or they so accused do suffer death, the same is hereby declared to be [Illegible Text]; and the offender or offenders shall on

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conviction thereof, be condemned to such penalty as is herein provided for homicide in the first degree. Sec. 40. And be it further enacted, That if any person or persons shall suborn or procure another to take such false oath, as constitutes perjury in the principal, such person or persons shall upon conviction thereof, be fined in a sum not less than three hundred dollars, nor more than one thousand dollars, and be imprisoned and compelled to hard labor, for and during a term not less than two years, nor more than five. Sec. 41. And be it further enacted, That if such false evidence condemn the person or persons so accused to capital punisment, such suborner or suborners to such false oath, are hereby declared accessories to the fact, and shall de punished accordingly. Sec. 42. And be it further enacted, That for the more effectual enforcement of the provisions contained in the first clause relative to this crime, the name or names of every such offender or offenders shall be published at least three times in each Gazette of this state, by and under the authority of the same, and at the charge of every person or persons so offending. Sec. 43. And be it further enacted, That in all prosecutions for perjury or subornation of perjury, the testimony of two witnesses to establish the fact shall be required. LARCENY. Sec. 44. Be it further enacted, That if any person or persons shall be convicted of taking and carrying away the personal property, money or goods of which another has either the actual possession

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or the right of present possession, with design of embezzling or converting the same, he, she or they shall be guilty of larceny, and being duly convicted thereof, shall be punished as hereinafter provided. Sec. 45. And be it further enacted, That if the theft or larceny committed be simple or mixed, yet unaccompanied with violence or putting in fear, the offender or offenders being duly convicted thereof, shall restore to the party injured, the thing or things stolen or value thereof, and be condemned to hard labor in a [Illegible Text] or such other public institution as may be by law hereafter established, for a period not less than one year, nor more than three, unless hereinafter provided; Provided nevertheless, if the money stolen be not above the sum of ten dollars, nor the property or goods stolen more than the value thereof, then the term of confinement shall not exceed the term of twelve months, nor less than of six months, in all [Illegible Text] restoring to the party injured, the property stolen or value thereof. Sec. 46. And be it further enacted, that if the goods or property stolen be a horse, mare, filly, jack-ass, female-ass, mule, bull, cow or heifer, or more of the species, he, she or they who may have committed the theft, and being duly convicted thereof, shall be condemned to hard labour in the manner aforesaid, for a period not less than three years, nor more than seven. Sec. 47. And be it further enacted, That if any person or persons shall by fraud and with an intent to embezzle, obtain possession of the personal property, money or goods of which another retains the right of possession, he, she or they shall be indicted for larceny, and being duly convicted thereof shall be punished as herein before pointed out

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48. And be it further enacted, That if one delivers personal goods or chattles to another for a certain specific purpose, reserving to himself the right of countermanding such delivery, and the bailee embezzles them with dishonest intent, he shall be guilty of larceny, and be liable to all its pains and penalties. 49. And be it further enacted, That if a bailee converts the goods or personal property to him bailed, after the expiration of the bailment, he shall be guilty of the theft or larceny, and being duly convicted thereof, shall suffer the punishment herein already prescribed. 50. And be it further enacted, That if two or more persons having entered into a combination, conspiracy or association for that purpose, shall commit larceny as herein before expressed, even though the goods stolen by each, be less than the value of ten dollars, yet if the aggregate amount thus stolen be above the sum or value of ten dollars, each upon conviction shall be liable to the same term of hard labor and imprisonment as though each had committed larceny to the amount of ten dollars. 51. And be it further enacted, That if any person or persons shall steal the personal goods or money of a body corporate, he, she or they so offending shall be liable to all the pains and penalties, as though the larceny had been committed upon the personal property of a natural person. 52. And be it further enacted, That if any person shall feloniously forcibly take carry away from the person or presence of another, his money or goods of any value, by violence or putting in fear, the offender shall be guilty of Robbery, and being duly convicted thereof, shall restore to the party

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injured the property stolen, or the value thereof, and be condemned to hard labor in a Penitentiary house, or in solitude for a period not less than three, nor more than ten years. 53. And be it further enacted, That after the passing of this act, the larceny or robbery of obligations or bonds, bills obligatory, bills of exchange, promisory notes for the payment of money, lottery tickets, paper bills of credit, certificates granted by or under the authority of the state, or of the United States, or any of them, shall be punished in the same manner as larceny or robbery of goods and chattels. 54. And be it further enacted, That the benefit of clergy is in all cases of larceny and robbery taken away, and that from and after the passing of this law, it shall not be pleaded in any court of justice within this state. ARSON. 55. Be it further enacted, That all and every person and persons, that shall at any time, either in the night or day, maliciously and wilfully burn any house or houses whatsoever, by which is meant, not only the dwelling house of any person, but all out houses as barns and stables,) or shall aid, abet, assist, counsel, hire or command any person or persons to commit said offence, and be thereof convicted according to law, shall be sentenced to undergo confinement in the Penitentiary house, for a period not less than seven, nor more than fourteen years at hard labor. 56. And be it further enacted, That if any principal offender shall be convicted of the crime of arson, it shall be lawful to proceed against any accessory, either before or after fact, although

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such principal may have been pardoned, and every such accessory shall suffer the same punishment, if he or she be convicted, as he or she should have suffered if the principal had been punished. BURGLARY. 57. Be it further enacted, That if any person or persons shall, by night break and enter into any dwelling house with an intent to commit a felony, or be accessory thereto before the fact, and be thereof duly convicted, shall be sentenced to undergo an imprisonment at hard labor and solitary confinement in the Penitentiary house, for a period not less than two, nor more than twelve years. 58. And be it further enacted, That if any person or persons shall in the night, feloniously break and enter into any dwelling house, warehouse, store-house, barn, stable or any other house, shall take therefrom any money, goods or chattels, wares or merchandize of the value of two dollars or more, or shall aid, assist, counsel, hire or command any person or persons so to break into and rob any such dwelling house, ware-house, store-house, barn, stable or any other house, and shall be thereof convicted, such person or persons shall be sentenced to undergo an imprisonment at hard labor or solitary confinement in a Penitentiary house, for a period not less than five, nor more than twelve years. 59 And be it further enacted, That if any principal offender shall be convicted of the crime of burglary, it shall be lawful to proceed against any accessory either before or after the fact, although such principal felon may have been pardoned.

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RAPE. 60. Be it further enacted, That if any man shall have or take carnal knowledge of any woman by force or against her will or consent, every such person, his aiders or abettors shall upon [Illegible Text] thereof, be sentenced and confined to hard labor, for and during a term not less than seven years, nor more than sixteen. 61. And be it further enacted, That if any person shall unlawfully and carnally know and abuse any female child under the age of ten years, whether with her consent or against it, every such person, his aiders or abettors, upon conviction thereof, shall be held and confined to solitude for a term not exceeding six months, and to hard labor for and during a term not less than ten, nor more than twenty years. MAIMING. 62. Be it further enacted, That if any person or persons shall maliciously bite, cut out, or disable the tongue, gouge or put out the eye, slit the nose, bite or cut off the ear, nose or lip, or cut or bite off or disable any limb or member of any person or persons, such offender or offenders, their aiders or abetters shall upon conviction thereof, for the first offence be confined to hard labor not exceeding seven, nor less than three years; and for the second offence, shall be kept to hard labor not more than twelve, nor less than five years. STABBING. 63. Be it further enacted, That if any person or persons, their aiders or abettors shall be guilty of the act of stabbing any human creature except in self defence, with sword, knife, dirk or

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any other instrument of the like kind, for the first offence, upon conviction thereof, shall be sentenced and confined to hard labor or solitude, not exceeding five years, nor less than two; for the second offence, shall be confined in like manner, not less than five, nor exceeding ten years; PROVIDED NEVERTHELESS, that if any person or persons shall be guilty of any of the aforesaid crimes, so as to effect the life of any human creature, every such person or persons except as above excepted, on conviction thereof, shall be punished as herein provided for under the head of homicide. LIBELS. 64. Be it further enacted, That a libel shall be understood to be the malicious defamation of any person made public by printing, writing, signs or pictures, and if such libeler shall be convicted of such offence, he shall be confined to hard labor or solitude in a Penitentiary, for a period not less than six months, nor more than three years. 65. And be it further enacted, That in all cases of indictment for libel, the party prosecuted shall be allowed to give in evidence, the truth of the accusation, any law to the contrary hereof notwithstanding. 66. And be it further enacted, That all offences herein not provided for, shall be punished as heretofore, and all laws and parts of laws, militating against this law be, and the same are hereby repealed. 67. And be it further enacted, That the operation of this law and of all parts thereof, shall be construed to extend to free white persons only. 68. And be it further enacted, That this law shall not go into operation, until His Excellency the

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Governor shall notify by his Proclamation, that a suitable Penitentiary edifice is erected, and ready for the reception of convicts. 69. And be it further enacted, That if any person or persons shall commit any offence before this law goes into operation, he, she or they shall be tried and punished under the old law; any thing herein contained to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 14th December, 1811. AN ACT To compel the Clerk of the Superior and Clerk of the Inferior courts of the county of Wilkinson, to keep their offices at the Court-house, or within one mile thereof. WHEREAS great inconvenience hath occured to persons having business to do with the officers aforesaid, from the great distance the same have been kept from the place of holding the Superior Inferior courts of said county, for remedy whereof; 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, That

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from and after the passing of this act, it shall be the duty of the clerks of the Superior and Inferior courts for the county aforesaid, to keep their respective offices at the court-house, or place of holding the Superior and Inferior courts, or within one mile thereof, any law to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811. AN ACT To authorise the Justices of the Inferior court of the county of Randolph to levy an extra tax for the year one thousand eight hundred and twelve, to enable them to complete the court-house of the above named county. 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, That the Justices of the Inferior court of the county of Randolph be authorised to [Illegible Text] an extra tax, not to exceed one third of the state tax, on the inhabitants of the above named county, liable to pay tax, for the purpose of completing the court-house of said county, and said tax to be

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collected in the same manner, and under the same restrictions as other tax collected for the year one thousand eight hundred and twelve. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, th December, 1811. AN ACT Supplementary to an act, entitled an an act, to point out the mode of rendering void all grants or other proceedings founded on false or fraudulent returns, made by persons not entitled to draws in the late land lotteries in this state, and to repeal an act, passed at the last General Assembly on that subject, passed the 22d December 1808. 1. Be it enacted by the Senate House of Representatives of the State of Georgia in General Assembly met, by the authority of the same, That immediately after the passing of this act, His Excellency the Governor shall be, and he is hereby authorised required to appoint three fit discreet persons as commissioners, whose duty it shall be to sell all such land that has been or may be recovered in the Superior

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courts, not heretofore disposed of, and the said Commissioners shall each give a like bond and security, take a like oath and be [Illegible Text] in all respects, sell on the said terms as are pointed out in an act, entitled an act, to sell and dispose of the squares and [Illegible Text] parts of surveys of land in the seventh district, formerly [Illegible Text], now Twiggs county, which remain yet unsold or disposed of, the same [Illegible Text] surveyed by David M`Cord, Surveyor, appointed by His Excellency the Governor, to re-survey the fractional surveys in said district, which were originally surveyed by Benajah Smith surveyor, and other lots therein mentioned, passed the 15th day of December, 1810. 2. And be it further enacted, That this supplement shall be considered as a part of the above recited act of 1808. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To establish a tribunal for the trial of Slaves within this State. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority

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of the same, That from and immediately after the passing of this act, upon complaint being made to, or information received upon oath by any Justice of the Peace of any crime having been committed by any slave or slaves within the county where such Justice is empowered to act, such Justice shall by warrant from under his hand cause such slave or slaves to be brought before him, and give notice thereof in writing to any two or more of the nearest Justices of the Peace of said county, to associate with him on a particular day in said notice, to be specified not exceeding three days from the date of said notice, for the trial of such slave or slaves. And the Justices so assembled, shall forthwith proceed to the examination of a witness or witnesses and other evidence, and in case the offender or offenders shall be convicted of any crime not capital, the said Justices or a majority of them shall give judgment for the inflicting any corporal punishment, not extending to the taking away life or member as in their discretion may seem reasonable and just, and shall award and cause execution to be done accordingly. And in case it shoul appear to them after investigation, that the crime or crimes wherewith such slave or slaves stand charged, is a crime or crimes for which he, she or they ought to suffer death, such slave or slaves shall immediately be committed to the public jail of said county, if any, provided, it should be sufficient, or to the custody of the sheriff of said county, or to the nearest sufficient jail thereto. 2. And be it further enacted, That the said Justices shall within three days next thereafter, give notice in writing to one of the Justices of the Inferior court of said county ef such commitment,

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with the names of the witness or witnesses, and such Justice of the Inferior court shall within three days after the receipt thereof, give notice in writing of such commitment to the Justices of the Inferior court or a majority of them, together with the clerk of said court, requiring their attendance at the court-house of said county on a particular day in said notice, to be specified not exceeding five days from the date thereof, for the trial of such slave or slaves, and shall also at the same time direct the sheriff of said county, whose duty it shall be, to summon a jury of twelve free white persons of said county to be drawn in the manner hereinafter pointed out, to attend in like manner. 3. And be it further enacted, That it shall be the duty of such Justices, Clerk and Jurors to attend accordingly, and the said court when so assembled, shall cause the clerk of said court to commit the charge or accusation alledged against such slave or slaves in writing, therein particularly setting forth the time and place of the offence, and the nature thereof. 4. And be it further enacted, That the said court shall cause twelve persons of those summoned, to be empannelled and sworn (the usual oath on such occasions made and provided) as jurors, to whom the said charge or accusation in writing, and the evidence shall be submitted. 5. And be it further enacted, That the said jurors by their verdict shall say whether such slave or slaves are guilty or not guilty, and if a verdict of guilty should be returned by such jury, the court shall immediately pronounce sentence of death by hanging or such other punishment not amounting to death; Provided, That the said

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court by their sentence so to be pronounced as aforesaid, shall not suspend such execution for more than thirty days, nor less than five days next after such sentence; Provided nevertheless, That in all cases where the sentence does not extend to death, the punishment shall be inflicted as soon as convenient, at the discretion of said court. 6. And be it further enacted, That the said court so constituted as aforesaid, shall immediately proceed to such trial, unless it should appear necessary for the said court, either for the want of sufficient proof, or any other sufficient reason to delay the same as in their judgment may seem for the furtherance of justice. 7. And be it further enacted, That it shall be the duty of the clerk to make a record of the proceedings against such slave or slaves, separate and distinct from other records of his office, and also issue subp[oelig]nas and other writs necessary to procure the attendance of a witness or witnesses at the instance of either party, and that in all cases respecting the admission ef evidence against people of color, shall be the same as heretofore practised in this state. 8. And be it further enacted, That the Justices of the Inferior court at their regular terms shall draw in the manner pointed out by law, not more than thirty-six, nor less than twenty six jurors, twenty four of whom shall be directed by such Justice of the court to be summoned as aforesaid, to attend at the day and place pointed out for the trial of such slave or slaves in manner aforesaid, and in case a sufficient number of those summoned should not attend, the said court shall direct the pannel to be made up by talismen, and all defaulting jurors so summoned in the manner pointed

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out by this act, shall be fined as in other cases pointed out by law; Provided nevertheless, that in case of failure ni the Inferior court to draw such jury at their regular term, they or any two of them are hereby authorised to draw the same at any time thereafter as circumstances may require. 9. And be it further enacted, That the owner or manager of such slave or slaves, shall have the right of challenging seven of the said number summoned, and the said court five on the part of the State, and the remaining twelve shall proceed to the trial of such slave or slaves 10. And be it further enacted, That all laws or parts of laws, heretofore passed on this subject, militating against this act be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To amend the thirty-first section of the Judiciary act of 1799 1. Be it enacted by the Senate House of Representatives of the State of Georgia in General Assembly met, That all executions shall be issued and signed by the clerks of the several courts in which judgments shall be obtained and bear test

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in the name of one of the judges or presiding justices of such courts, and shall bear date from the time of issuing, shall be directed to all and singular the sheriffs of this state, and may be levied on the estate both real and personal of the defendant or defendants, orissue against the body of the defendant at the option of the plaintiff, which execution shall be of full force until satisfied without being obliged to be renewed on the court roll from year to year as heretofore practised. And when the defendant shall point out any property on which to levy the execution, being in the hands and possession of any person not a party to such judgment, the sheriff shall not levy thereon, but shall proceed to levy on such property as may be found in the hands and possession of the defendant, who shall nevertheless be at liberty to point out what part of his property he may think proper, which the sheriff shall be bound to take and sell first, if the same is in the opinion of the sheriff sufficient to satisfy such judgment. 2 And be it further enacted, That where any execution shall have issued or may hereafter issue against the body of any defendant, and the same shall not have been satisfied, it shall be lawful for an execution to issue against the property of such defendant or detendants on the return of said execution, which had been issued against the body of the said defendant or defendants. And that when an execution against the body of any defendant shall have been served, the party on whom the same shall have been served, shall be released, provided, he, she or they shall deliver to the officer serving the same, the property which shall in the opinion of such officer be sufficient to discharge the debt and all costs, and

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give sufficient security to the said officer that the property so delivered is bona fide the property of the defendant or defendants and subject to the discharge of the said debt. In which case the officer shall return the execution so issued against the body of the defendant or defendants, and take out an execution against the property of such defendant or defendants, and proceed to advertise and sell the property so delivered up to satisfy such execution as heretofore practised. 3. And be it further enacted, That all laws or parts of laws heretofore passed, [Illegible Text] against this act be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate, Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 14th December, 1811. AN ACT To establish the line between the counties of Tatnall and Montgomery. 1. BE it enacted by the Senate and House of Representatives in General Assembly met. That from and after the passing of this act, the line marked by Arthur Lott and Joseph Collins agreeable to a resolution passed the 14th day of November, 1809 be, and is hereby established, and

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known as the dividing line between the counties of Tatnall and Mon gomery. 2. And be it further enacted, That all laws heretofore passed concerning the same, are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 14th December 1811. AN ACT To incorporate the Roman Catholic Society of Augusta, and county of Richmond, and to authorise the Trustees of the Richmond Academy to convey a lot of land in the City of Augusta, to the said Roman Catholic Society. 1. BE it enacted by the Senate and 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 Toole, Bernard Bignon, Francis Bonyer, James B. Lafette and John Cormick 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 Roman Catholic Society in the City of Augusta,

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and county of Richmond, and the said Trustees are hereby authorised to have and use a common seal, and they are hereby declared to be able and capable in law of suing and being sued, pleading, and being impleaded, and [Illegible Text] [Illegible Text], hold and enjoy real and personal property, for the use and purpose of erecting a Church or house of worship for the said Society in the city of Augusta, and for the sole benefit of said church. 2. And be it further enacted by the authority aforesaid, That the said Trustees and their successors in office shall have power to fill all [Illegible Text] which may happen in their Board from time to time, by resignation, death or otherwise, and no person who resides out of the county of Richmond shall be eligible as a Trustee of the said Society. 3. And be it further enacted by the authority aforesaid, That the Trustees of the Richmond Academy be, and they are hereby authorised and empowered to convey to the Trustees before named, and their successors in office, all that lot of land situate, lying and being in the City of Augusta, bounded on the North by Telfair street, on the east by M'Intosh street, on the South by Walker street, and on the West by Jackson street; the said lot to be vested in the said Trustees and their successors in office, as a site whereon to erect their Church or House of Worship, and for no other purpose whatsoever. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 10th December, 1811.

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AN ACT More effectually to provide for the organization and equipment of the Cavalry of this state. WHEREAS the organization, arming and equipping of a good and efficient Cavalry, are objects of the first necessity. 1. BE it therefore enacted by the Senate and House of Representatives in General Assembly met, That the several Troops of Cavalry throughout the state, shall be organized as heretofore into squadrons, regiments and one brigade, and shall be in that proportion to the Infantry, which is pointed out by the Militia Laws of the United States. 2. And be it further enacted, That a squadron shall consist of not less than three, nor more than five troops, and shall be commanded by a major; a regiment, of not less than two, nor more than three squadrons, shall be commanded by a lieutenant colonel, and it shall be so ordered, that to each regiment, brigade and division of the Infantry, there shall be one Troop, Squadron and Regiment of Cavalry, forming in the whole throughout the state, one brigade; and shall be commanded by a Brigadier General. 3. And be it further enacted, That when vacancies may hereafter happen, the Brigadier General, as heretofore, shall be elected by the Legislature, the Lieutenant Colonels and Majors by the commissioned and brevetted officers of regiments and squadrons respectively; and the Captains and Subalterns by the members of the respective troops; the elections being conducted in the same manner, and under the same restrictions

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as are pointed out by law for the officers of the same grade in the Infantry, fifty days notice being the notice to be given of the time and place of holding an election for a Lieutenant Colonel, forty for a Major, and twenty for Captains and Subalterns, and that the officers of each squadron shall assemble separately, at the usual place of holding their squadron parades, for the election of their field officers. 4. And be it further enacted, That the Brigadier General and Lieutenant Colonels have the appointing of their own staff, in conformity to the Militia Law of the United States, and that the Brigade Major shall be commissioned by the Commander in Chief. 5. And be it further enacted, That each Captain shall parade and exercise his troop at least four times in every year; and that each squadron shall be called out once in every year, to some fit and convenient place for the purpose of being trained and exercised for a period not exceeding three days, by their Brigade Major, their Lieutenant Colonel, their Brigadier General, or the Adjutant General of the state, as may be ordered. 6. And be it further enacted, That all orders for any muster or rendezvous shall be given on the parade verbally or elsewhere in writing, and that Lieutenant Colonels shall have fifty, Majors forty, Captains and Subalterns twenty, and non-commissioned officers and troopers ten days notice. 7. And be it further enacted, That the said companies shall have the power of making bye-laws, and the power of imposing, collecting and applying the fines arising from non-attendance, at

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troop, squadron or regimental parades, shall be enjoyed by the officers of each troop, squadron and regiment respectively, either in the capacity of troop, squadron or Regimental Courts of Enquiry, and in such way and manner as may be deemed the best calculated to promote the great objects of order, uniformity, discipline and organization, provided, the fines so imposed shall not exceed the fines imposed on the Infantry in like cases, and nothing therein contained shall be in violation or repugnant to the spirit and meaning of the Militia Laws. 8. And be it further enacted, That whenever the Cavalry shall be associated with other corps, for the purpose of duty or exercise, it shall be by order from the Commander in Chief, and the officers present of the highest grade, and oldest commission shall command. 9. And be it further enacted, That in case the officers of any regiment or squadron, or non-commissioned officers and troopers of any troop, shall refuse or neglect to elect a Lieutenant Colonel, Major, Captain and Subaltern or Subalterns, some fit and proper person shall be nominated by the Brigadier General, if for a Lieutenant Colonel; by the Lieutenant Colonel, if for a Major; by the Major, if for a Captain or Subaltern, to the Commander in Chief, who shall grant a commission to the said person, as if he had been duly elected. 10. And be it further enacted, That Cavalry officers shall be arrested, tried, fined or cashiered in the same manner, and under the same rules and restrictions as the militia laws have provided for officers of similar grade in the Infantry; and that calls for officers of different corps to sit on the said Courts Martial, shall be reciprocally made,

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as the case may warrant, by officers of the Cavalry and Infantry. 11. And be it further enacted, That there shall be purchased for the use of the Cavalry one thousand swords with sabre blades, and seven hundred and fifty pair of pistols, and that the same shall be paid for out of any money which is or hereafter may be in the Treasury. And that the Commander in Chief shall pursue such measures for procuring the said arms as he may deem proper, and deposit the same in the arsenal of this state or some other fit and proper place, subject to the future order of the Legislature, or in cases of emergency, the Governor for the time being. 12. And be it further enacted, That the Troops of Cavalry shall nevertheless be subject to the command of the Lieutenant Colonels and Brigadier Generals of the Infantry (so far as to attend the General Review), to perform the usual routine of patrol duty, and subject to their call in case of rebellion, insurrection or any sudden emergency, when they are not under orders from the field officers of the Cavalry for the like purposes. 13. And be it further enacted, That the rules and regulations relative to dress, arms, horses, and furniture heretofore published by the Brigadier General, and which may hereafter be published by him in obedience to the Militia Laws, shall be deemed obligatory; provided, nothing therein contained shall prevent any member of a Troop of Cavalry of this state, or who may join the same from substituting deep blue homespun cloth in lieu of broad cloth or casimere in the formation of their uniform. 14. And be it further enacted, That all laws

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militating against this law be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December 1811. AN ACT To amend an act, entitled an act, to establish a fund for the redemption of the public debt of this state. 1 Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That it shall not be lawful for the Commissioners or any one or more of them to make sale of any confiscated or reverted property until they shall have reported the same to the Legislature of this state, and their decision or further direction be had thereon. 2. And be it further enacted, That the said Commissioners of confiscated and reverted property shall in all cases where property may come to their knowledge, make report of the same to the next succeeding Legislature, after having given notice in one of the public Gazettes of the Cities of Augusta and Savannah, with a full description of such property so to be by them reported, at least three months previous to the meeting of the same.

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3. And be it further enacted, That on the amount of all sales hereafter made by the said Commissioners, they shall be entitled to, and receive their two and a half per cent, payable in such certificates as shall be receivable in payment for the same, and that all informers shall also receive their per centum in the same. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate, Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT For the relief Joseph Muse, Isaac Johns, William Ammons, James Leigh, William Munden, Samuel Eigle and Edward Pilcher, jr. defaulting jurors for the Superior court of the county of Wayne, for October Term, 1810. WHEREAS the Judge of the Superior court of the county of Wayne, for October term [Illegible Text], imposed a fine of forty dollars on the defaulting Grand Jurors, and twenty on the petit jurors, and his successor has never fined the jury of said county more than twenty dollars for Grand Jurors, and ten for Petit: For remedy whereof; 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General

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Assembly met, and it is enacted by the authority of the same, That the Justices of the Inferior court of the county of Wayne, or any three of them are hereby authorised and required to reduce the fine of Joseph Muse to twenty dollars, and Isaac Johns, William Ammons, James Leigh, William Munden, Samuel Eigle and Edward Pilcher, jr. to ten dollars each. Any law usage or custom to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives, MATHEW TALBOTT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811. AN ACT To alter and amend the third section of an act, to amend an act, to incorporate the Planters' Bank of the State of Georgia, and for other purposes, passed the 19th day of December 1810, also, to provide against embezzlement and forgeries, passed the 3d of the present month, by the present Legislature. WHEREAS by the third section of the act referred to in the title hereof, it is enacted that the subscription already opened in the City of Savannah,

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shall continue until the first day of December next, and the said act having been presented to, and signed by the Governor, and finally passed on the third day of the present month of December, the operation of the said third section of said act, will be to extend the time of keeping open the said subscription until the first day of December, one thousand eight hundred and twelve, which was not the intention of this LegislatureFor remedy whereof; 1. Be it enacted by the Senate House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That the subscription already opened in the City of Savannah, shall continue and be kept open until the twenty-fifth day of the present month, and no longer. Any thing in the afore-recited act to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate, Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT For the relief of Ann Houston. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Comptroller General

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of this state be, and he is hereby required to receive a certificate issued at Savannah on the twenty-third day of June, one thousand seven hundred and eighty-six, by John Wereat, then Auditor of the state, in favor of George Houston, since deceased, for five hundred pounds, and to issue to Ann Houston, executrix of the estate of the said George Houston the holder thereof, another certificate for the like amount in lieu thereof; any law to the contrary thereof notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate. Executive department Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To establish and regulate the Inspection of Flour. WHEREAS experience has shewn that the establishment of Flour Inspections, under proper regulations, will contribute to the interest of this state; 1. Be it therefore enacted by the Senate House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That there shall be one Flour Inspection established in the City of Savannah, one in the City of Augusta, one in the town of Milledgeville, and

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one in the town of Petersburg and one in the town of Darien, and that one inspector shall be appointed at each place. 2. And be it further enacted by the authority aforesaid, That the Inferior courts in the several counties in which the places aforesaid are situated, at the first term after the passing of this act, and annually thereafter, shall nominate and appoint a person of good repute, who is a skilful judge of the quality of Flour, to be Inspector of Flour at each of the several places before mentioned. 3. And be it further enacted by the authority aforesaid, That in case of the death of any person so appointed, or his refusal or neglect to act, the Justices of the Inferior courts of said counties respectively, shall as soon as conveniently may be thereafter, meet together and appoint some other suitable person in room of the one so dead or refusing or neglecting to act, who shall execute the duties of his office, until the succeeding annual election; and if any of the courts shall neglect to make appointments, it shall and may be lawful for the City Council or corporations of the places before mentioned to appoint Inspectors. 3. And be it further enacted by the authority aforesaid, That all bolted wheat flour and every [Illegible Text] thereof, brought to any of the places before mentioned for sale or exportation, shall be made by the miller or manufacturer thereof, merchantable and of due fineness, and without any mixture of coarser flour, or the flour of any other grain than wheat. 5. And be it further enacted by the authority aforesaid, That all flour barrels packed with flour brought to any of the places before mentioned for sale or exportation, shall be well made, and of good

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materials, twenty-seven inches in length, and tightened with at least ten hoops and sufficiently nailed, with the tare plainly marked on the head thereof; and every miller or bolter shall put into a barrel the full quantity of one hundred and ninety-six pounds of flour, and shall put into every half barrel, the full quantity of ninety eight pounds of flour; and if any one of them shall put a smaller quantity of flour into any barrel than is directed by this act, he shall forfeit and pay for the deficiency of every pound under three, eight cents, and for the deficiency of more than three, sixteen cents per pound, to be recovered by the person purchasing the same of the miller and bolter, or procuring their wheat to be ground, bolted and packed by them, to be recovered by warrant before any Justice of the Peace having jurisdiction thereof. 6. And be it further enacted by the authority aforesaid, That if any person or persons shall sell or dispose of any barrel or barrels of flour, or offer the same for inspection with a less quantity of flour than is directed by this act, it shall and may be lawful for the inspector at the request of the purchaser, to unpack any barrel of flour, and repack the same at the expence of the vender. 7. And be it further enacted by the authority aforesaid, That any cask or barrel of flour brought to any of the places before mentioned for sale or exportation, shall be submitted to the view and examination of the inspector, who shall examine the same by boring into the said barrels from head to head, with an instrument of not more than three quarter inch in diameter, to be by him provided for that purpose, and if he shall judge the same well packed and merchantable according to the directions

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of this act, he shall plug up the hole and brand the barrel with the name of the place at which he is inspector, with a public brand mark, to be by him provided for that purpose, and approved of by the said Inferior court, City Council or Corporation as the case may be; and shall also mark the degree of fineness which he shall determine on inspection the said flour to be, which degree shall be distinguished as follows; superfine, fine, middling and ship stuff; for which trouble the inspectors shall have and receive of the owner twelve and a half cents per barrel. 8. And be it further enacted by the authority aforesaid, That if any person or persons shall pack flour in old barrels which have been marked and branded agreeably to this act, such person or persons shall forfeit and pay the sum of twenty-five dollars, one half to the use of the informer, and the other half to the use of the miller or manufacturer who has been injured by such false packing. 9. And be it further enacted by the authority aforesaid, That every miller or manufacturer of flour shall brand his name on each and every barrel of flour, ground, bolted and packed by him. 10. And be it further enacted by the authority aforesaid, That no inspector shall, directly or indirectly purchase any flour by him condemned as unmerchantable, or any other flour whatsoever, other than for his own use, under the penalty of thirty dollars, for every barrel by him purchased, to be recovered upon information by any informer before any Justice of the Peace. 11. And be it further enacted by the authority aforesaid, That every inspector of flour before he enters on the duties of his office, shall take and

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subscribe the following oath, to witI A. B. do solemnly swear (or affirm as the case may be) that I will well and truly inspect all flour brought to me for inspection, that I will faithfully repack all such as is not merchantable, and brand and mark the barrels as directed by this act, so help me God. 12. And be it further enacted by the authority aforesaid, That this act shall go into full operation after the expiration of six months from the passing thereof, and not before. 13. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this law shall be, and the same are hereby repealed. ROBERT INVERSON, Speaker of the House of Representatives. MATHEW TALBOTT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To amend an act, to incorporate the Planters' Bank of the State of Georgia, and for other purposes, passed the 19th day of December, 1810; also, to provide against embezzlement and forgeries. WHEREAS subscribers to the Planters' Bank

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of the State of Georgia, and others interested in the welfare of said Bank, by their [Illegible Text] pray that the Charter of the said Bank be so amended, as to make it more useful to the public, and with greater facility carried into execution. And whereas the amendments proposed in the said petition will forward the establishment and operation of the said institution. 1. BE it therefore enacted by the Senate House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Capital Stock of the said Bank shall be One Million of Dollars, to be divided into ten thousand shares of one hundred dollars each; of which, one thousand shares shall be reserved until the first day of January, one thousand eight hundred and thirteen, on the original terms, then or at any prior time to be taken by the state, according to the pleasure of the Legislature, whereby the state at any subsequent election, shall be entitled to the appointment of two Directors, and if they be not then taken by the state, to be disposed of in manner hereinafter provided. 2. And be it further enacted by the authority aforesaid, That the Capital Stock of the said Bank, and every other property real or personal, which it may hereafter acquire and hold, shall be subject to a taxation not exceeding the ratio of other taxable property in this state; Provided, the corporation of the City of Savannah, shall not have the power to tax said Bank Stock, but may tax any property real or personal, which said Bank may acquire, in the ratio of taxation against the like property in the said City. 3. And be it further enacted by the authority

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aforesaid, That the subscription already opened in the City of Savannah, shall continue until the first day of December next, under the superintendance of the present Commissioners, to wit:Charles Harris, John Bolton, James Johnston, Edward Swarbrick, William B. Bulloch, John Caig, George Anderson, Edward Stebbins, John P. Williamson, Ebenezer Stark, William Mein, John M. Berrien, ndrew Low, John Cumming and Zachariah Miller, a majority of whom shall be competent to the discharge of their duties; until which day, it shall and may be lawful for any person or co-partnership being citizens of the United States, corporation or body politic to subscribe for any number of shares, not exceeding one hundred, except as provided aforesaid in relation to the state; provided, that if the whole number of shares be not taken up, on or before the first day of December next, then and in that case, it shall and may be lawful for any person or co-partnership being citizens of the United States, corporation or body politic established in the United States, to subscribe for any number of shares unsubscribed for as aforesaid, and the sums to be respectively subscribed for, shall be payable in manner following, viz:ten per cent at the time of subscribing, and twenty per cent on or before the first day of January next, ensuing the said subscription, and the balance of the sums so subscribed, at such time, as the same shall be required by the Directors, provided, that sixty days previous notice of the time at which such payment is required to be made, be given in the Gazettes at the City of Savannah. 4. And be it further enacted by the authority aforesaid, That the present Stock-holders, who

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have heretofore subscribed for shares and paid ten per cent at the time of subscribing, shall upon thirty days notice given by the Commissioners, and published in the Gazettes of Savannah, be required to pay the further sum of twenty per cent upon the sum before subscribed. 5. And be it further enacted by the authority aforesaid, That the Stock which shall remain unsubscribed for, or the instalments which shall remain unpaid, on the day appointed for the election of Directors, such stock shall thereafter be disposed of, or such further instalment be called in, by such persons, at such time and under such regulations as to payment of instalments, or number of shares to be subscribed for on the unsold stock, by any one person, co-partnership or body politic, as shall be ordered, and published by the said directors. 6. And be it further enacted by the authority aforesaid, That if there shall be a failure in the payment of any sum to be paid by any person, co-partnership or body politic, when the same is required to be paid by this act, or when it shall be required to be paid by the Directors [Illegible Text] share [Illegible Text] shares upon which such failure shall happen or accrue, shall be for such failure forfeited and may be again sold and disposed of in such manner as the Directors shall order or provide, and the sums which may have been paid thereon, shall enure to the benefit of the said corporation. 7. And be it further enacted by the authority aforesaid, That for the well ordering the affairs of the said corporation, there shall be thirteen directors, who shall be elected as soon as thirty thousand dollars in Gold and Silver coin shall have been received on account of the subscription for

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the said Stock, and on the first Monday in January in each and every year thereafter, by the Stock-holders or proprietors of the Capital Stock of the said corporation, and by plurality of votes actually given in; and those who shall be duly chosen at any election, shall be capable of serving as Directors by virtue of such choice, until the end or expiration of the first Monday in January next ensuing the time of such election, and no longer; and the said Directors at their first meeting after each election, shall choose on of their number as President, and in case of his death, resignation, removal from the state, or from the Board of Direction, the said Directors shall proceed to fill the vacancy by a new election for the remainder of the year, provided always, and be it further enacted, That as soon as the sum of thirty thousand dollars in Gold and Silver shall have been actually received on account of the subscriptions to the said Stock, notice thereof shall be given by the Commissioners herein before named in the Gazettes of the city of Savannah Augusta; the commissioners shall at the same time, in like manner notify a time and place within the said City of Savannah, at the distance of thirty days at least from the date of such notification, for proceeding to the election of Directors, and it shall be lawful for such to be then and there made, and the persons who shall then and there be chosen, shall be the first Directors, and shall receive from the said Commissioners, the nett proceeds, after deducting expences which may be in their hands, and shall be capable of acting by virtue of such choice, until the end or expiration of the first Monday in January next, ensuing the time of making the same; shall forthwith thereafter commence the operation of the said Bank, at the said

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City of Savannah; provided further, that in case it sould at any time happen, that an election of Directors should not be made upon any day, when pursuant to this act it ought to have been made, the said corporation shall not for that cause be deemed to be dissolved; but it shall be lawful on any other day to hold and make an election of Directors in such manner, as shall have been regulated by the bye laws of the said corporation; and provided, that in case of the death, resignation, absence from the state or removal of a Director, his place may be filled up by a new choice for the remainder of the year, by the remaining Directors. 8. And be it further enacted by the authority aforesaid, That the following rules, restrictions, limitations and provisions, shall form and be fundamental articles of the constitution of the said corporation: 1st. The number of votes to which each Stock-holder shall be entitled, shall be according to the number of shares he shall hold, in the following proportion, that is to say; for one share, one vote; for two shares, and not exeeeding five, twovotes; for every five shares, above five, one vote; provided, that no person, corporation or body politic, or corporate, shall be entitled in his, her or their own right, to more than sixty votes; and after the first election, no share or shares shall confer a right of suffrage which shall not have been holden and transferred according to the rules of the Bank, three calendar months previous to the day of election. 2nd. None but a Stock-holder entitled in his own right to twenty shares, and being a citizen of the state, and not being a director of any other Bank, shall be eligible as a [Illegible Text] [Illegible Text] [Illegible Text] [Illegible Text]

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one of the Directors after being elected, shall at any time during the term for which he shall have been chosen, cease to be a Stock-holder, his seat shall thereupon become vacated, and the remaining Directors or a majority of them, shall at their next meeting pass an order, declaring him no longer to be a Director. 3rd. That the Stock-holders shall make such compensation to the President for his services, as shall appear to them reasonable. 4th. Not less than five Directors shall constitute a Board for the transaction of business, of whom the President shall always be one, except in case of sickness or necessary absence; in which case his place may be supplied by any Director, whom he, by writing under his hand, shall nominate for the purpose. 5th. A number of Stock-holders, not less than twenty, who together shall be proprietors of two hundred shares or upwards, shall have power at any time, to call a meeting of the Stock-holders, for purposes relative to the institution, giving at least sixty days notice in the Gazettes of the City of Savannah and Augusta, specifying in such notice, the object or objects of such meeting. 6th. The Cashier or Treasurer of the Bank for the time being, and all other officers appointed by the Directors, (except the President), before he or they enter upon the duties of his or their office, shall give bond with two or more securities, to the satisfaction of the Directors, in such sum or sums as shall be required by the said Directors, with condition for his or their good behaviour, and a faithful discharge of duty. 7th. The lands, tenements and hereditaments, which it shall be lawful for the said corporation to hold, shall be only such as shall be requisite for

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its immediate accommodation, in relation to the convenient transaction of its business, and such as shall have been bona fide mortgaged to it as security, or conveyed to it in satisfaction of debts previously contracted in the course of its dealings, or purchased at sales upon judgments which shall have been obtained for such debts. And in every instance in which the said company may become owners or claimants of lands, tenements or hereditaments, the Board of Directors are empowered to sell or dispose of the same, in such manner as they shall deem beneficial to the use of the said company. 8th. The total amount of the debts which the said corporation shall at any time owe, whether by bond, bill, note or other contract, shall not [Illegible Text] three times the amount of their Capital Stock, over and above the amount of specie actually deposited in their vaults for safe keeping. In case of excess, the Directors under whose administration it shall happen, shall be liable for the same in their individual, natural and private capacities, and an action of debt may in such case be brought against them or any of them, by any creditor or creditors of the said corporation, may be prosecuted to judgment and execution, any condition, [Illegible Text] or agreement to the contrary notwithstanding; but this shall not be construed to exempt the said corporation, or the lands, tenements, goods and chattels of the same from being also liable for, and chargeable with the said excess, and such of the said Directors who may have been absent when the said excess was contracted or created, or who may have dissented from the resolution or act whereby the same was so contracted or created, may respectively [Illegible Text]

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themselves from being so liable, by having their dissent, if present, entered on the minutes of the said corporation. 9th. The Directors shall have power to issue to the subscribers their certificates of stock, which shall be transferable on the books of the Cashier only, by personal entry of the Stock-holder, his legal representative, attorney, guardian or trustee, duly authorised for that purpose. 10th. That the Stock-holders at their meeting shall vote in person or by attorney duly authorised for that purpose, which power shall be executed in the presence, and to be certified by a Justice of the Peace or Notary Public of the county or state where the share-holder resides, and minors or feme coverts shall vote by his, her or their guardians or trustees duly authorised. 11th. The company shall in no case, directly or indirectly, be concerned in commerce or insurance, or in the importation or exportation, purchase or sale of any goods, wares or merchandize whatever, (bills of exchange, notes and bullion only excepted), except such goods, wares or merchandize as shall be truly transferred, conveyed or pledged to them by way of security for money actually loaned and advanced, or for debts due, owing or growing due to the said corporation, or purchased by them to secure such debt so due to the said corporation, or to indemnify and secure the said corporation for advances to be made or notes to be discounted, or to effect the insurance on the property that may belong or be thus pledged to the said company for its security. 12th. The bills obligatory and of credit, notes and other contracts whatever on behalf of the said

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corporation, shall be binding and obligatory upon the said company, provided the same be signed by the President, and countersigned or attested by the Cashier of the said corporation; and the funds of the said corporation shall in no case be liable for any contract or engagement whatever, unless the same shall be so signed and countersigned or attested as aforesaid; and the books, papers and correspondence, and the funds of the company, shall at all times be subject to the inspection of the Board of Directors and Stock holders when convened, according to the provisions of this act. 13th. Dividends of the profits of the corporation or of so much thereof as shall be deemed expedient and proper, shall be declared and paid half yearly, (the first half after the Bank shall have been in operation excepted); and the same dividends shall from time to time be determined by a majority of the Directors at a meeting to be held for that purpose, and shall in no case exceed the amount of the nett profits actually acquired by the corporation, so that the Capital Stock thereof shall never be impaired. 14th. The Directors shall keep fair and regular entries, in a book to be provided for that purpose, of their proceedings, and on any question, when two Directors shall require it, the Yeas and Nays of the Directors voting, shall be duly inserted on their minutes, those minutes be at all times on demand produced to the Stock-holders, when at a general meeting the same shall be required. 15th. The corporation shall exist and continue until the first day of January, one thousand eight hundred and forty-one; when it shall cease from

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discounting or making further emoluments as a corporation; nevertheless the said corporation shall continue after the expiration of its charter, until the concerns and claims of the said Bank are finally settled and wound up, so as to enable the said Bank to appear as plaintiff or defendant, and to obtain by suit or otherwise a settlement and liquidation of its outstanding demands, and in no ways to acquire new property or profits by discount or otherwise. 9. And be it further enacted by the authority aforesaid, That if any President, director, officer, or servant of the said Planters' Bank of the State of Georgia, shall secret, embezzle or convert to his own use, any note, bill, obligation, security, money or effects, belonging to the said Bank or deposited there by any other person, every person so intentionally offending, shall be guilty of simple grand larceny, and being thereof convicted, shall suffer the same punishment, and undergo the same sentence and judgment, as provided for by law to be passed against a person convicted of such grand larceny. But the property of the offender shall nevertheless be responsible as well as his security, notwithstanding any prosecution under this act. 10. And be it further enacted by the authority aforesaid, That if any person or persons shall forge, counterfeit or alter or fraudulently utter any note, bill, obligation or other security of the Planters' Bank of the State of Georgia, or pay or tender in payment, or offer to pass any forged, counterfeited or altered note, bill, obligation, or other security of the said Bank, knowing the same to be forged, counterfeited or altered, and shall thereof be convicted, shall suffer death, or such other punishment as may hereafter be pointed out by law.

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11. And be it further enacted by the authority aforesaid, That if any person shall forge, alter or counterfeit any letter of attorney, order or other instrument, to transfer or convey any share or shares of stock in the Planters' Bank of the state of Georgia, or to receive the same or any dividend or part thereof, or shall knowingly and fraudulently demand to have such share or shares, dividend or any parts thereof, transferred, conveyed or received by virtue of such forged, altered or counterfeited letter of attorney, order or other instrument, or shall falsely and deceitfully personate any true and lawful proprietor or proprietors, of any share or shares of stock or dividend, or money, or other property deposited in the said Bank, thereby transferring or endeavoring to transfer the said stock, dividend, money or other property, or receiving or endeavoring to receive the said stock, dividend, money or other property; in every such case, the person or persons so offending, and being thereof duly convicted, shall be adjudged a felon or felons, and suffer such punishment as shall be adjudged by the court before which the said conviction shall take place, so that the same does not extend to death, or less than ten years of servitude or imprisonment. 12th. Whereas it will facilitate the operation of the said Bank, to have the necessary buildings ready for the Directors, and whereas it is also represented that the Commissioners with the approbation of the present Stock-holders, have gone to considerable expense disbursements to forward the said institution, Be it therefore further enacted by the authority aforesaid, That the said Commissioners or a majority of them, be and they are here

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by authorised to purchase or rent a house and lot, and to defray out of the money already received, the expences necessary to make the same fit for the use of a Bank; and the said Commissioners or a majority of them, are hereby authorised and empowered, out of the money already received on subscription, to pay and discharge all expences and disbursments made or contracted for, which are applicable to the said institution, and which expenses or engagements have accrued or been made to, and for the benefit of the said institution, and to facilitate the early operation thereof. 13th. And whereas also, from the difficulties which the Commissioners of the said Bank heretofore met, in obtaining a sufficient number of subscribers for shares, so as to organize the same at an early period, it became necessary and just for the former subscribers to release to each other, all claim to any forfeiture which might otherwise have accrued under the third section of the said act of incorporation, which release under the circumstances stated in the petition aforesaid, was proper and prudent: Be it therefore further enacted, That the said mutual release be and is hereby confirmed, and that all forfeiture or supposed forfeiture arising under the third section of the said act of incorporation be and is hereby remitted and declared as null void, as if there had been no such section in the act of which this is an amendment. 14. And be it further enacted by the authority aforesaid, That the second, third, fifth and seventh sections of an act, entitled an act to incorporate the Planters' Bank of the State of Georgia, and to repeal an act, entitled an act to incorporate the Planters' Bank of the State of Georgia,

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passed the 5th day of December, 1807, which above act was passed on the 19th December, 1810, be and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive department Georgia, DAVID B. MITCHELL, Governor. Assented to, 3d December, 1811. AN ACT To amend the fifty-sixth section of the Judiciary law of this state. WHEREAS inconvenience hath been experienced in our courts, by administering the oath to the special jury in every cause submitted to them: For remedy whereof; 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is enacted by the authority of the same, That the oath to be administered to special jurors (except in cases of divorce) shall be in the words following, to wit:You shall well and truly try each cause submitted to you during the present term, and a true verdict give, according to equity, and the opinion you entertain of the evidence produced to you, to the best of your skill and knowledge, without favor or affection to either party; provided, you are not discharged from the consideration of the case or cases submitted; so help you God.

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2. And be it further enacted, That the said 56th section of the Judiciary law be, and the same is hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate, Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 4th December 1811. AN ACT To make permanent the site of the public buildings in the county of Telfair. 1. Be it enacted by the Senate House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That from and after the passing of this act, the public buildings of Telfair county shall be erected on part of Lot No. 79, purchased from Jesse Wiggins, jr. in the eighth district, formerly Wilkinson county, on the Ocmulgee river, by the Commissioners appointed to fix on said site, in conformity with an act passed at the session of the Legislature, the eighth day of December, one thousand eight hundred and ten. 2. And be it further enacted, That the Commissioners be, and are hereby authorised to lay off and make sale of such lots as may be necessary

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to defray the expense of the public buildings of said county. 3. And be it further enacted, That the Justices of the Inferior court or a majority of them be, and they are hereby authorised and required to let the building of the Court-house and Jail for said county to the lowest bidder, first giving [Illegible Text] least thirty days notice of the time of letting the said buildings, in some one or more of the public Gazettes in this state, and at three or more of the most public places within the county, and to take bond and sufficient security for the completion of the same. 4. And be it further enacted by the authority [Illegible Text] foresaid, That until the public buildings of said county are in such a state of completion as to admit of holding courts thereat, the courts, elections and all other county business shall be held at the house of Jesse Wiggins, or such other place as a majority of the said Justices may think most convenient; provided, the same shall be on the aforesaid lot, seventy nine. 3. And be it further enacted, That all laws heretofore passed, militating against this act [Illegible Text] and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate, Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 3d December, 1811.

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AN ACT Authorising the Inferior court of Clark county, to levy an extra tax for the purpose of building bridges in said county. WHEREAS it is represented that the county funds for the county of Clark are inadequate for the purpose of erecting the necessary public bridges in said countyfor remedy whereof; 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the Inferior court of the said county of Clark be, they are hereby authorised to levy an extra tax, not exceeding one fourth of the state tax of said county, for the purpose of building such public bridge or bridges in said county as to them may appear of public utility. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 4th December, 1811. AN ACT To authorise the Inferior court of Baldwin county to levy an extra tax. 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and by the authority of the same, That the Justices of the

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Inferior court of the county of Baldwin are hereby authorised and required to levy an extra tax on the inhabitants of Baldwin county, which shall not exceed one fourth part of the general tax, for the purpose of building a court-house in said county. 2. And be it further enacted, That the Tax Collector for the county of Baldwin is hereby required to collect the said extra tax at the same time, and upon the same terms that he collects the general tax, and to pay over the same into the hands of the clerk of the Inferior court of said county. 3. And be it further enacted, That the Justices of the Inferior court of Baldwin county are hereby authorised and [Illegible Text] to apply the money to building of a court-house in the town of Milledgeville, at the site established by law. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 3d December, 1811. AN ACT To alter the time of holding the Superior and Inferior courts for the county of Wilkes. 1. Be it enacted by the Senate and House of

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Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That after the month of January next, the Superior courts in the county of Wilkes shall be held on the first Monday in June and January; and the Inferior courts of the said county shall be held on the fourth Monday in March, and on the [Illegible Text] Monday in August in each year. 3. And be it further enacted, That all suitors jurors or witnesses heretofore summoned, or that may hereafter be summoned, cited or otherwise required by the proper authority, before the expiration of the time allowed to serve any precept or precepts, made returnable to Wilkes Inferior court, March term 1812, shall be transmitted and turned over to the said Inferior court, so to be held on the fourth Monday in March next, to be acted upon in the same way, as if such suitors, jurors or witnesses had been cited or summoned thereunto. 3. And be it further enacted, That all laws or parts of laws heretofore passed on this subject, militating against this act be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811.

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To afford temporary relief to the purchasers of Fractional Surveys, and to prevent the said fractions from being sold for the tax thereof, until they are paid for to the state. 1. BE it enacted by the Senate and House of Representatives in General Assembly met, and by the authority of the same, That purchasers of Fractional Surveys in the late purchase in the counties of Baldwin and Wilkinson, upon paying up all the interest due, and to become due on their respective bonds, up to the first day of May next, and also to pay into the Treasury of this state, one third of the principal of the sum or [Illegible Text] that may then be due and owing to the state for such Fractions, shall not be compelled to pay any further sum until the end of twelve months thereafter, any law to the contrary notwithstanding. 2. And be it further enacted by the authority aforesaid, That no purchaser of Fractional [Illegible Text] shall be entitled to any of the benefits of this act, until they shall have given new, good and sufficient security, to be approved of by His Excellency the Governor, or the former security shall have re-acknowledged themselves further bound; and in all cases where the former security shall have become doubtful, in that case His Excellency the Governor may require such new security as he may deem sufficient And [Illegible Text] nevertheless, that nothing in this act contained, shall prevent the foreclosure of the bond and mortgage given in payment for the first sale of fractions in the counties of Wayne, Wilkinson and Baldwin. 3. And be it further enacted, That the [Illegible Text]

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shall place into the hands of the proper officer or officers, the bonds mortgages given for the payments of Fractional Surveys in the first purchase of Wayne, Wilkinson and Baldwin. 4. And be it further enacted, That no Tax Collector shall be authorised to sell any Fractional Surveys, sold in the counties of Baldwin, Wilkinson and Wayne in the late purchases; and all such sales made by any Tax Collector or other person acting under the authority of any such Collector, shall be deemed fraudulent. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 14th December, 1811. AN ACT More effectually to open and keep in repair the public roads, causeways and bridges in this state. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior courts in and for the several counties in this state, at the first session or term after the passing of this act, or as soon thereafter as convenient, shall proceed to define and point out as many

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and such districts as to them shall seem meet and proper, having due regard to proportioning said districts or divisions, so to divide the labor and expence of the roads, causeways and bridges equally among the citizens of the respective districts throughout the said counties; and on application to said court, for any new road or any alteration in an old road, the said Justices shall proceed to appoint three discreet and proper persons residing in the neighbourhood where such road is intended to pass, and in case they find it of public utility, they may proceed to mark out the same on oath, taken before any Justice, and report to the said court, the clerk of which is hereby required to notify the Commissioners hereinafter named of such report; and the Justices of said Inferior courts shall appoint two or more Commissioners, one of which shall be a Justice of the Peace, who shall be notified of such their appointment in writing, by the clerk of said court, within thirty days after such appointment, under the penalty of five dollars for every such default; and if any commissioner or commissioners within ten days after the receipt of such notification, shall not make his or their resignation to some one of the Justices aforesaid, such commissioner shall be considered as having accepted said appointment; and the commissioners so appointed, shall have full power and proceed to apportion hands for the districts aforesaid; and in case of refusal, departure or decease of any such commissioners, the Inferior courts in the counties aforesaid, shall have power to fill such vacancy; and should any commissioner or commissioners so appointed refuse to act after being notified by the clerk as aforesaid, shall be liable to the fine

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of five dollars; but should any commissioner so appointed, refuse at any time within one year of said appointment without good cause, to be adjudged of by the said court he shall be liable to a fine of [Illegible Text] dollars. 2. And be it further enacted. That all male inhabitants, [Illegible Text] and free negroes, and all male slaves from the age of sixteen to forty five years, in the counties aforesaid shall be, and they are hereby declared to be obliged to appear with an axe, grubbing or weeding hoe, as directed by the [Illegible Text], and work on the several roads, causeways and bridges within the several districts to which such male white inhabitants, mulattoes, free negroes and male slaves shall have been allotted pursuant to this act; or such male white inhabitants, mulattoes, free negroes and owners, managers or employers of such negroes or male slaves shall be liable to the fines and penalties in this act defined and expressed. 3. And be it further enacted, That the commissioners appointed under this act, or a majority of them shall, and they have hereby full power and authority, to appoint one or more person or persons within their several districts as overseers, to summons all such persons as are obliged to work within the said districts, three days before the time of working, and at such times of the year, and for as many days as they may think proper, (not to exceed four days at one time, and twelve days in one year), to repair and work on the roads, causeways and bridges within the same; and the several owners, managers or employers of male slaves within the several districts, shall when summoned as aforesaid, deliver to the person summoning him, her or them, a list of all

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such male slaves as are by this act liable to work, in writing signed by such owner, manager or employer, under a penalty of ten dollars for a neglect thereof; which list the person summoning shall deliver to any one of the commissioners in the district in which he was appointed to summons as aforesaid. 4. And be it further enacted, That every male white inhabitant, free negro or mulatto, who being duly summoned to work in the repective districts wherein such male white inhabitants, free negroes or [Illegible Text] are obliged to work by this act, shall neglect or refuse to obey such summons, he shall for each day he should so refuse or neglect to appear and work as aforesaid, forfeit a sum not exceeding one dollar, (Commissioners aforesaid excepted), and for every day the owner, manager or employer of any male slaves liable to work as aforesaid, shall neglect or refuse to send such slaves to perform such work, he, she or they shall forfeit a sum not exceeding one dollar for each slave; and it shall be the duty of the said commissioners to appoint a time and place, and to notify the same, ( provided always, that such time shall be within ten days after such period of working on the road), for hearing and determining on such excuses as may be offered by defaulters; and a majority of the commissioners convened at such time, shall have full power to decide as aforesaid, and order executions to issue to any lawful Constable, which execution shall be signed by two Commissioners for the district in which the defaulter or defaulters may reside. 5. And be it further enacted, That where any road may be a district line, that then and in [Illegible Text] case, the Commissioners in such adjoining districts,

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shall meet and co-oparate in apportioning overseers on such roads; Provided nevertheless, that this law shall not operate in the counties of Effingham, Chatham, Bryan, Liberty, Glynn, [Illegible Text] Camden, Wayne, Burke, Washington, Warrren, Richmond and Tatnall. 6. And be it further enacted, That all fines and penalties imposed by this act, shall be paid by the persons collecting the same, to the Commissioners of said road, to be by them appropriated for the building and keeping in repair of roads and bridges in said district, and effecting such objects as are embraced by this act. 7. And be it further enacted, That when any person shall hereafter make any fence, or cut any tree, or make other obstructions in, or across any public road (unless removed in two days), such person shall for every such offence, pay a fine [Illegible Text] exceeding twenty dollars, to be recovered by warrant under the hand and [Illegible Text] of any Justice of the Peace, to be applied as is herein directed; and it shall be the duty of the overseer of the district forthwith to cause the said obstruction to be removed. 8. And be it further enacted, That when bridges shall be necessary over any water course which divides one county from another, the Inferior court of each county shall join in appointing Commissioners for the building of, and keeping [Illegible Text] repair the same, and the expense thereof shall [Illegible Text] defrayed by both counties, in proportion to the amount of the general tax of each, to be [Illegible Text] by the digest of the general tax taken next before such contract. 9. And be it further enacted, That [Illegible Text] any public bridge shall require repairing, it [Illegible Text]

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be the duty of the Commissioners, or one of them, to give notice in writing thereof to the undertaker or one of his securities, stating the repairs necessary to be made, and requiring the same to be made within a reasonable time, to be set forth in the said notice, and if the same shall not be made within such time, such commissioner or commissioners shall employ some other person or persons forthwith to make such repairs; and shall immediately thereafter issue an execution against such undertaker and his securities for the amount given for the said repairs, with costs. 10 And be it further enacted, That when any commissioner appointed for letting any public bridge, under and by virtue of this act, shall undertake the building and keeping in repair the same, or shall become the security for any other person so undertaking, the powers of such commissioner shall from thenceforward cease and determine, and the Inferior court of the county shall appoint another in his room. 11. And be it further enacted, That all road laws heretofore passed, which in any way militate against this act be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811.

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AN ACT To regulate the granting Certioraries and Injunctions in this State. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met [Illegible Text] by the authority of the same, That from and after the passing of this act, it shall not be lawful for any Judge of the Superior court of this State to sanction or grant any Certiorari, unless the person or persons aggrieved and applying for the same, shall have previously paid all costs which may have accrued on the trial below, and have given to the magistrate or magistrates, or Justices of the Inferior court, or clerk of the Inferior court, as the case may happen, good and sufficient security for the eventual condemnation money, or any future costs which may accrue Sec. 2. And be it further enacted, That the person applying for said Certiorari shall produce to the Judge authorised to grant the same, a certificate from the magistrate or magistrates, or Justices of the Inferior court who tried the case, or clerk of the Inferior court, whose duty it shall be to give said certificate informing said Judge that the costs have been paid, and security given in terms of this act. Sec. 3. And be it further enacted, That no Injunction shall be [Illegible Text] or granted by any Judge of the Superior courts of this state, until the party requiring the same shall have previously given to the party against whom such injunction is to operate, by application to the clerk of the Superior court for that purpose, a bond with good and ample security for the eventual condemnation

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money, together with all future costs; which said [Illegible Text] shall be lodged in said Clerk's Office, subject to the order of the court, and have paid all costs which may have accrued in the case, the subject of the injunction. 4. And be it further enacted, That where any doubt arises as to the sufficiency of the security [Illegible Text] to any of the persons authorised by this act to take the same, the party so authorised to take the said security, may compel the party to justify upon oath, and such justification upon oath shall amount to such sufficiency as to exonorate the party taking the security fom any liability. 5. And be it further enacted, That no Judge of the Superior court shall grant or sanction any Certiorari or Injunction out of his Judicial district, unless there shall be a vacancy in any of the other districts, or the Judges thereof be so indisposed, or be absent therefrom, so that the business of granting Certioraries and Injunctions cannot be speedily done; provided, no Certiorari shall be granted, to remove any proceedings from a magistrates' court until it has been tried by a jury in said court. 6. And be it further enacted, That in all cases of Bills of Injunction where the defendant or defendants reside out of the state, a service on the attorney of the plaintiff in the original action, and a publication of a six months rule obtained from the Judge granting the Injunction shall be deemed a sufficient service. 7. And be it further enacted, That all Bills of Injunction granted by the Superior court, or any of them, or which may hereafter be granted, shall stand and be considered as open for argument and amendment, at the first term of the Superior

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court which may be holden after the passing of this act, in and for the county where the suit originated, or the first term after the granting such Bill of Injunction; and that in all cases of Injunction, they shall be disposed of, and a decision made at the second term of said court, held in and for the county where such suit originated, any law to the contrary notwithstanding. 8. And be it further enacted, That the dilatory practice of granting Bills of Injunction a second time, after the dissolution of the first bill or bills, shall not be admissible or allowed of in any case or cases whatever. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT For the relief of Benjamin Scott, a soldier in the late State Troops. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the Comptroller General to issue in the name of Benjamin Scott, a State Troop Bounty Warrant for six hundred and forty acres of land, for

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his services as a private in the late State Troops, agreeable to an act for the calling in the outstanding evidences of debts due from this State, and for issuing new ones in lieu thereof, under proper checks and restrictions, passed the second day of February one thousand seven hundred and ninety-eight 2. And be it further enacted, That the assignees of Benjamin Scott, be authorised to receive the same, on giving good and sufficient security to His Excellency the Governor, to indemnify the state against the lost certificate. 3. And be it further enacted, That so much of an act, further explaining and defining the powers of the Comptroller General, as militates against this act be, and the same is hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 4th December, 1811. AN ACT To make valid certain papers now in the possession of the Trustees of Union Academy, in the county of Putnam WHEREAS the Trustees of Union Academy have in their possession certain papers,

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which they supposed to be, and did have executed for mortgages, but on mature examination, found that those mortgages had no seal affixed or subscribed thereto, which mortgages were given to secure the payment of certain debts due said Academy, and in consequence of which said Academy will be seriously injured, unless a law be passed for relief of the said Trustees of the Academy aforesaid; 1. Be it enacted by the Senate House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That all such instruments as above described, shall be deemed, held and taken as valid and binding in law, and altogether adequate to the attainment of the end proposed; any law, usage, custom or practice to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 4th December, 1811. AN ACT To divorce Levi Bright and Sarah his wife. 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, That

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from and immediately after the passing of this act, the matrimonial connection or civil contract of marriage made between Levi Bright and Sarah his wife, late Sarah Smith, shall be completely annulled, set aside dissolved, as fully and effectually, as if no such contract had ever heretofore been made and entered into between them. 2. And be it further enacted by the authority aforesaid, That the said Levi Bright and Sarah his wife, late Sarah Smith, shall in future be held as separate and distinct persons, altogether unconnected by any mystical union or civil contract whatsoever, at any time heretofore made or entered into between them. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 3d December, 1811. AN ACT To alter and amend the 12th section of an act, entitled an act, to protect the estate of Orphans, and to make permanent provision for the poor. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That it shall and may be lawful for the Inferior courts in the several [Illegible Text] [Illegible Text]

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this state to order a sale, which shall be at public auction, and on the first Tuesday in the month, at the place of public sales in the said county, first giving sixty days notice thereof, [Illegible Text] one of the Gazettes, and at the door of the courthouse in the county where such application [Illegible Text] be made, of such part or the whole of the real estate of every testator or intestate, on the application of the executor or executors, or executrix, administrator or administrators or administratrix, guardian or guardians, where it is made fully and plainly appear that the same will be for the benefit of the heirs and creditors of such estate. provided, that a notice of such application for sale be first made known in one of the Gazettes in this state, and at least nine months before any order absolute shall be made thereupon. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To divorce and separate John T. Patterson and Sarah his wife. 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and by the authority of the same, That from and immediately

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after the passing of this act, the matrimonial connexion or civil contract of marriage made between John T Patterson and Sarah his wife, shall be completely annulled, set aside, and dissolved as fully and effectually as if no such contract had every heretofore been made and entered into between them. 2. And be it enacted by the authority aforesaid, That the said John T. Patterson and Sarah his wife, shall in future be held as separate and distinct persons, altogether unconnected by any mystical union or civil contract whatsoever at any time heretofore made or entered into between them. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, [Illegible Text] December, 1811. AN ACT TO appropriate money for the political year eighteen hundred and twelve. Sec. 1. BE it enacted by the S enate and House of Representatives of the S tate of Gergia in Geneneral Assembly met, and it is hereby enacted, That the sum of sixteen thousand dollars be, and the same is hereby appropriated as a contingent fund, subject to the orders of the Governor. 2. And be it further enacted, That the sum of

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two thousand dollars per annum be, and the same is hereby appropriated for the Governor's salary; to the Secretaries of the Executive Department, (not exceeding two), five hundred dollars each; to the Secretary of State, two hundred dollars; the Treasurer, twelve hundred dollars; the Surveyor General, two hundred dollars; the [Illegible Text] General, six hundred dollars; the Clerk of the House of Representatives, three hundred dollars; the Secretary of Senate, three hundred dollars; the said Clerk and Secretary to be responsible for the books and papers belonging to their respective offices, unavoidable casualities excepted; the Judges of the Superior courts, fourteen hundred dollars each; the Attorney General, and three Solicitors General, one hundred and fifty dollars each; which said several sums of money shall be, and they are hereby appropriated for their use, to be paid quarter yearly, by warrant from the Governor on the Treasurer, out of any monies not otherwise specially appropriated. 3. And be it further enacted, That for the compensation of the members of the House of Representatives Senate, three dollars each per day, during their attendance, and the sum of three dollars for every twenty miles in coming to, returning from the seat of government; the sum of four dollars per day to the President of the Senate and the Speaker of the House of Representatives during their attendance, and the sum of three dollars each for every twenty miles in coming to, returning from the seat of government; to the Clerk of the House of Representatives and Secretary of Senate, during the sitting of the Legislature, four dollars each per day; and the sum

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of sixty dollars each, for contingent expenses; to the two engrossing Clerks, and one assistant Clerk to the House of Representatives, and two engrossing Clerks to the Senate, four dollars per day each; to William Dowsing, clerk to the committee on Finance, sixty dollars; to Watson [Illegible Text], clerk to the committee on the State of the Republic, the sum of sixty dollars; to the Messengers Door-keepers to both branches of the Legislature, the sum of three dollars each per day; to the Adjutant General, twelve hundred dollars per annum, to be paid monthly; to Frederick Freeman, clerk to the committee on the Criminal Code, forty dollars; to Dennis L. Ryan, thirty dollars for printing 125 copies of the report of the committee on the Penal Code; the sum of the thousand dollars be, and the same is hereby appropriated, to commence the rearing of a Penitentiary Edifice; the sum of fifty thousand dollars be, and the same is hereby appropriated for taking up the States' shares in the Bank of Augusta, agreeably to a concurred resolution, to be under the direction of the Governor; to the State Commissioners, as per account rendered, one hundred and twenty nine dollars; to Peter Farr for winding up the clock, keeping clean the stair cases, passages, c. sixty-dollars; to Alexander Greene, eighty dollars, for airing, scouring and taking care of the State-House, the desks and carpets in the recess of the Legislature, and making fires on wet days; the sum of twenty-five dollars to Nathaniel Twining for distributing the Laws and Journals in several counties in the year 1805, agreeably to a concurred resolution; to William Lumkin, five dollars thirty-one and a quarter cents for taking the Census of Oglethorpe county, there being a mistake

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to that amount in the appropriation of last year; to Obadiah Crawford, Stokely Morgan William Jordan, commissioners for valuing the State House, at and after the rate of five dollars per day, while on duty at the seat of government, and the further sum of five dollars for every thirty miles in coming to, and returning from the same; to Edmund B. Jenkins, the sum of five hundred dollars, agreeably to a concurred resolution of the present sessionwhich said several sums shall be, and the same are hereby appropriated out of any monies which now are, or may hereafter come into the Treasury, not otherwise heretofore appropriated. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To alter and amend an act, entitled an act, to incorporate the town of Warrenton in the county of Warren, and to vest certain powers in the Commissioners thereof. 1. BE it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That the town of Warrenton shall extend four hundred

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yards in every direction from the court-house, and that all citizens who have resided six months in the said town, and are qualified to vote for members of the Legislature, shall be entitled to vote for commissioners. 2. And be it further enacted, That the said commissioners or a majority of them, are hereby authorised and empowered to pass such bye-laws and ordinances as they shall deem necessary for preserving the public property within the limits of the corporation, and improving the streets and public square, and also the lot containing the Meeting-house and burying ground, removing nuisances, and preventing damages by fire, and for promoting order and morality; provided, such bye laws and ordinances shall not be repugnant to the constitution and laws of this state; Provided nevertheless, that nothing herein contained shall be so construed as to authorise said commissioners to inflict corporal punishment on any white person, or to deprive any slave or free person of color of life, limb or member. 3. And be it further enacted by the authority aforesaid, That said commissioners or a majority of them shall have power to appoint a clerk, constable or marshal, and such other officers as they may deem necessary to carry into effect the purpose of the said incorporation; and the said commissioners shall be ex-officio, Justices of the Peace, so far as it respects the carrying into effect the said act of incorporation, they may impose fines for contempts, issue executions for fines and penalties, and for taxes, which shall be collected by the said constable or marshal, in the same manner as executions from a Justices' court, and shall be entitled to the same fees.

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4. And be it further enacted, That the said commissioners and their successors in office are hereby authorised to tax the inhabitants of said town to any amount not exceeding one half of their general tax in each year, and the said commissioners, shall be capable of suing and being sued in their corporate capacity, and shall have power to acquire, hold and dispose of property both real and personal, to be applied to the improving of said town, and promoting education in the town and its vicinity. 5. And be it further enacted, That the said commissioners shall be elected on the first Monday in January next, and on the first Monday in January in every year thereafter. 6. And be it further enacted, That all laws or parts of laws heretofore passed, which militate against this act be, and the same are here by repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT For the relief of Stephen W. Moore. WHEREAS it appears that Stephen W. Moore became security for the appearance of one Henry M. Allen, it appearing that the said Allen did [Illegible Text]

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at the first term of the court to which hew as bound, and from unavoidable circumstances was unable to attend afterwardsfor remedy whereof; 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior court of Camden county be, and they are hereby directed to remit the penalty incurred by the said Henry M. Allen's failing to attend. ROBERT IVERSON, Speaker of the House of Representatives, MATHEW TALBOT, President of the Senate Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 4th December, 1811. AN ACT Amendatory to an act, to incorporate a Company for the purpose of opening the Ogechee river from the mouth of Canouchee, to the mouth of Rocky Comfort, and for the improvement of the navigation thereof. Sec. 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 passing of this act, the Commissioners named in the above mentioned act be, and they are hereby authorised to call a meeting of the subscribers for the purpose

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of electing officers, and organizing the said company, so as to proceed directly to the opening of the said river. 2. And be it further enacted, That the [Illegible Text] paragraph of the ninth section of the said act shall be understood and read in the words and [Illegible Text] following, viz: and at the expiration of twenty years, or at such other period thereafter as the aforesaid company shall be reimbursed in the amount of principal and interest of the sum so subscribed, no longer toll shall be required or demanded. 3. And be it further enacted, That nothing [Illegible Text] in this or the before recited act, shall be so construed as to compel James Bird or Andrew [Illegible Text] and their heirs to pay any toll for navigating [Illegible Text] said river Ogechee, between the [Illegible Text] of [Illegible Text] creek and the Canouchee river. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811. AN ACT To divorce and separate Nathaniel Harper and Mary his wife. Sec. 1. BE it enacted by the Senate and House of Representatives in General Assembly met, and by

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the authority of the same, That from and immediately after the passing of this act, the matrimonial connection or civil contract of marriage made between Nathaniel Harper and Mary his wife, late Mary Hubert, shall be completely [Illegible Text] set [Illegible Text] and dissolved, as fully and effectually as if no such contract had ever heretofore been made and entered into between them. 2. And be it further enacted by the authority aforesaid, That the said Nathaniel Harper and Mary his wife, late Mary Hubert, shall in future be held as separate and distinct persons, altogether unconnected by any mystical union or civil contract of marriage whatsoever, at any time heretofore made or entered into between them. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assentnd to, 13th December, 1811. AN ACT For the relief of Bozeman Adare, a state troop soldier. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That it shall and may be lawful for the [Illegible Text] General to issue in the name of Bozeman Adare, a State Troop Bounty Warrant for six hundred and forty acres of land, for his services as a private soldier in the late state troops,

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agreeably to an act for the calling in the outstandind evidence of debt due from this state, and for issuing new ones in lieu thereof, under proper checks and restrictions, passed the second day of February, one thousand seven hundred and ninety eight; any law to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811. AN ACT To alter and amend the second section of an act, entitled an act, to legalize and make valid certain acts of Sheriffs and Clerks, and to regulate the admission of evidence in the several courts of law and equity in this state, so far as relates to certain papers. WHEREAS serious evils exist in several counties in this State in consequence of certain friends or agents writing in, or keeping the clerks' offices for them, and signing their own names to certain certificates, records and other papers, which papers by late decisions of the Superior courts, cannot be admitted as evidence in said courts: And whereas, the aforesaid act does not answer the purpose for which it was intended.

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Sec. 1. BE it enacted by the Senate and House of Representatives of the State of Gergia in General Assembly met, and it is hereby enacted, That all deeds, mortgages, conveyances, processes and other writing of whatever nature or kind enrolled, or certificates made or given and signed Edward Adams for George Taylor, who was the clerk of the Superior court of Jackson county, or signed Edward [Illegible Text] for William Penticost, the clerk of the Inferior court of said county, and James Gray, James Smith and William Malone for John Smith, clerk of the Superior court, and James Gray and James Smith for David Cleveland, clerk of the Inferior court, and Hansly Paine for Frederick Beall, clerk of the court of Ordinary, all for the county of Franklin, and John H Fannin and Varner, Sterling Elder, David Meredith, Reuben Hill, Joseph Hopkins, William Brown and James Harper, for Bedford Brown, clerk of the Superior court, and John Smith for Gabriel Hubert, clerk of the Inferior court for the county of Clark, shall be received, held, deemed, considered and admitted as evidence in any court of law and equity in this state, in like manner as if the same had been done and signed by the said George. Taylor or the said William Penticost, John Smith, David Cleveland, Frederick Beall, Bedford Brown and Gabriel Hubert, in his or their own proper persons, any law, usage or custom to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 10th December, 1811.

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AN ACT To lay out a new county out of the counties of Oglethorpe, Clark, Jackson, Franklin and Elbert. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, it is enacted by the authority of the same, That a new county shall be laid off out of [Illegible Text] of the counties of Oglethorpe, Clark, Jackson, Franklin Elbert, that is to say; beginning on the south fork of Broad river at the mouth of Brushy creek, thence along the dividing ridge between the said Brushy creek and Beaverdam creek to the Clark county line; thence a direct line to where the Jackson county line crosses little Sandy creek, thence a direct line to the first fork of Big Sandy creek above Espy's mill; thence up the Eastern fork of the same to Knight's old store, (including the same); thence to the head of Black's creek, in such manner as to leave all the waters of Big Sandy creek in Jackson county; from thence down Black's creek to Strickland's saw mill, thence a direct line to where the Franklin county line crosses Hudson's fork of Broad river; thence down the meanders of the same to the confluence thereof, with the north fork of Broad river; thence down the meanders of the said north fork of Broad river to the confluence of the same with the south fork of the said Broad river; thence up the meanders of the same to the beginning; all that part of the counties of Oglethorpe, Clark, Jackson, Franklin Elbert comprehended within the lines aforesaid, shall form a new county, known by the name of Madison; and that the Justices of the [Illegible Text] court hereafter appointed for said county, or a majority

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of them, shall be vested with full power and authority to fix on the site for the public buildings for said county, which shall be as near the centre of said county as convenience will admit of; at which place the courts and elections shall be held as soon as suitable buildings are erected thereat; and said commissioners or a majority of them are authorised and empowered to contract with fit and proper persons for the purpose of building a Court-house and Jail in said county; which after at least thirty days notice, shall be let to the lowest bidder, provided, that until the Court-house shall be erected, the elections and courts of said county shall be held at the house of Henry Strickland. 2. And be it further enacted, That the Surveyor of Jackson county be, and he is hereby authorised and required to run and plainly mark the several artificial lines herein before designated, which shall be paid for by the county of Madison. 3. And be it further enacted, That all militia officers and Justices of the Peace who are comprehended within the county of Madison, shall hold their respective commissions in like manner as if they had been commissioned for said county. 4. And be it further enacted by the authority aforesaid, That the county of Madison shall be added to, and become a part of the Western Circuit of this state, and the Superior court in said county shall be held on the first Monday in April and October, and the Inferior court of said county shall be held on the first Monday in February and August. 5. And be it further enacted, That the Justices of the Inferior court of the county of Madison, or

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a majority of them, shall be, and they are hereby authorised and required to purchase a tract of land, not less than fifty acres, on which to fix the site of the public buildings, and lay off the same in lots, and sell and dispose of the same at public auction, to the highest bidder, on a reasonable credit; and the proceeds of said sale, after paying the first cost of said land, shall be appropriated to the payment of the public buildings and other county purposes. 6. And be it further enacted, That there shall be an election held at the house of H. Strickland on the first Monday of January next, for the purpose of electing a clerk of the Superior and Inferior courts for said county, a sheriff, coroner, county surveyor, collector and receiver of tax returns. 7. And be it further enacted by the authority aforesaid, That the county of Madison shall be added to, and become a part of the first Brigade of the fourth division of Militia of the state of [Illegible Text]. 8. And be it further enacted, That the Justices of the Interior court for said county shall convene at H. Strickland's as aforesaid, as soon as possible, and from the best information which they may be able to procure, select grand and petit jurors, and proceed to drawing said jurors for the ensuing courts in the manner pointed out by the law regulating the selecting drawing grand and petit juries in this state. 9 And be it further enacted, That the suits now pending in any of the counties from which the county of Madison has been taken off, shall not be transferred to said new county, except on actions for real estate, but remain and be finally

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tried in the respective counties in which they may be now pending. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 5th December, 1811. AN ACT To authorise Joseph Cooper to erect a toll bridge across the Oconee river, at or near his mills on his own land. 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, That Joseph Cooper, his heirs and assigns, shall have a right to erect a toll bridge over the Oconee river, at or near his mills, on his own land, and is authorised to receive the following toll, viz: for every loaded waggon and team, fifty cents; for every empty waggon and team, thirty-seven and a half cents; for every loaded cart and three horses, twenty-five cents; for every empty cart and three horses, eighteen and three quarter cents; for every loaded cart and two horses, eighteen and three quarter cents; for every empty cart and two horses, twelve and a half cents; for every cart and one horse, twelve and a half cents; for every man and horse, six and one quarter cents; for every

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chair or sulky, twenty-five cents; for every four wheel pleasure carriage, fifty cents; for every rolling hogshead, twenty-five cents; for every head of neat cattle, two cents; for every [Illegible Text] of hogs, sheep or goats, one cent; any law, [Illegible Text] or custom to the contrary notwithstanding. ROBERT IVERSON, Speakder of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To authorise the present Commissioners of the St. Mary's Lottery to appoint other Commissioners to fill up the vacancies which have been occasioned by removal of some, and refusal of others to serve. WHEREAS by removal of some of the Commissioners of the St. Mary's Lottery, and refusal of others to serve, the progress of the Lottery is impededfor remedy whereof; 1. Be it enacted by the Senate House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That the present Commissioners of the St. Mary's Lottery shall be, and they aae hereby authorised and fully empowered, to appoint other Commissioners

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to fill up the vacancies which have been occasioned by the removal of some, refusal of others of the commissioners first appointed to serve, and the person or persons so appointed to fill such vacancies shall be, and they are hereby vested with the same power and authority to proceed in the duties assigned them, as the former commissioners, who were appointed by an act of the Legislature of this state, passed the 7th of December, one thousand eight hundred and seven. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811. AN ACT To repeal an act, entitled an act, to compel the Clerks of the Superior Inferior courts to keep their offices at or within one mile of their respective court-houses, so far as respects the counties of Pulaski and [Illegible Text] which is to operate so far as respects the county of Pulaski. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority

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of the same, That from and immediately [Illegible Text] the passage of this act, the above recited [Illegible Text] is hereby repealed, so far as respects the county of Pulaski, passed on the thirteenth day of [Illegible Text] one thousand eight hundred and nine. ROBERT IVERSON, Speaker of the House of Representatives MATHEW TALBOT, President of the Senate Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 10th December, 1811. AN ACT To alter and amend an act, entitled an act, to change the names of Betsey Burton, Sally Burton and Matilda Burton, minors. WHEREAS in and by said act, it does appear that Solomon Page is the reputed father of Betsey, Sally and Matilda Burton, minors, and that he was desirous they should bear his name. And whereas there are mistakes in the names of Burtons, as also in the given names of Betsey and Sally; 1. IT is therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That the act to which this refers, shall be amended in manner following, to wit: the names of Burton expressed in the said act to be

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[Illegible Text] Horton, and the name of Betsey shall be [Illegible Text] and known by the name of Martha; and the [Illegible Text] of Sally shall be known by the name of [Illegible Text] and the said Martha, Sarah [Illegible Text] are hereby freed from the disabilities [Illegible Text] to their birth. ROBERT IVERSON, Speaker of the House of Representatives, MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 4th December, 1811. AN ACT To authorise the Inferior court of Hancock county to levy an extra tax, to enable them to build a new Jail, and for other county purposes. 1. BE it enacted by the Senate and 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 Hancock county shall be, and they are hereby authorised to levy an extra tax on all persons and property in said county liable to taxation, in order to enable them to build a new Jail, and for other county purposes; provided, the amount so levied, shall not exceed one third part of the general tax, nor be continued for more than two years. 2. And be it further enacted, That the Collector

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of tax for said county, shall collect and [Illegible Text] the amount so levied, to be by them applied to the purposes aforesaid, after deducting the [Illegible Text] per cent for collecting the same. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To amend an act, entitled an act, to incorporate a company for improving the navigation of Broad river. WHEREAS by the above recited act, the whole of the shares contemplated in the said act were required to be subscribed for, before the said corporation or body politic could be formed or authorised to proceed in the object contemplated in the above recited act, which will very much retard or prevent the said corporation going into full effectfor remedy whereof; Sec. 1. BE it enacted by the S enate and House of Representatives in General Assembly met, That so soon as two hundred and fifty shares shall have been subscribed for, the said subscribers and their successors shall be, and they are hereby declared to be a body corporate in mode and manner pointed out by the before recited act. 2. And be it further enacted by the authority aforesaid, That the said body corporate or politic,

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shall remain and continue a body corporate under the limitations, restrictions, and provisions in the aforesaid act contained, until the Legislature of this state shall at any time after the passage of this act extinguish the charter hereby granted to the said corporation or company, upon paying to them the amount of their original stock, together with legal [Illegible Text] thereon from the date of the subscription, deducting from the amount of interest, such sums as may have been collected from tolls, over and above the necessary expences of the undertaking; any law to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To make permanent the site of the public buildings in the county of Wilkinson. 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, That the seat of the public buildings for the county of Wilkinson be, and the same is hereby declared to be permanently fixed upon tract or lot of land,

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number eighty-three, fourth district of Wilkinson county, provided, good and sufficient titles can be procured for the same, within the term of six months from the passing of this act; the titles to be made and executed to the Inferior court of said county and their successors in office, to and for the use of the county aforesaid, which said public site shall be called and known by the name of Irwinton. 2. And be it further enacted by the authority aforesaid, That John Proctor, Robert Barnett, John Speight, John Ball and Daniel Hicks be, and they are hereby appointed commissioners fully authorised to lay out and sell whatever number of lots they or a majority of them may think proper, in the following manner, to wit: one fourth part of the purchase money payable in twelve months from the day of sale; one fourth part payable in two years; one fourth part, payable in three years, and the remaining fourth part in four years thereafter; shall take notes from the purchasers with approved personal security, made payable to the Inferior court and their successors in office, as well as a mortgage on the premises, executed to said courts; and the money arising from the said sales is hereby appropriated to the building of a Court-house and Jail, under the direction of said commissioners, who are hereby authorised and empowered to contract for the same, as soon as they or a majority of them may think proper, or deem it expedient, first giving thirty days public notice in one of the Milledgeville Gazettes, and at three or more public places in the county, which shall be let out to the lowest bidder at public outery; the undertaker or undertakers shall be bound in a bond with approved security, in double the amount

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of the sum or sums indertaken for, to the Inferior court and their successors in office, for a faithful compliance to such contract, entered into with the commissioners aforesaid. 3. And be it further enacted by the authority aforesaid, That the said commissioners or a majority of them shall lay out and reserve one or two lots as they may think most proper in an elligible part of said site for the purpose of erecting a Court-house and Jail thereon, first strictly observing that in laying out the lots intended to fix the public buildings upon, or those to be sold for county purposes, they shall be so arranged as not to interfere with the lines or lands of any other tract or lot of land, except said lot, number eighty-three, or be so near thereto as to require any part thereof to complete any lots ever contemplated to be laid out for county purposes. 4. And be it further enacted, That in case the said commissioners should fail to procure the titles to tract or lot number eighty-three, in the fourth district as aforesaid, within the time allowed them by this act, then and in that case, they or a majority them are fully authorised to purchase not less than one hundred acres, or more than two hundred two and a half acres, within two miles of the centre of said county, and proceed as before pointed out in all respects; and in all cases it shall be the duty of the Inferior court of said county to give such aid to said commissioners as may most facilitate the completion of the public buildings, or so far as they may have the power of public funds. 5. And be it further enacted, That should there any monies remain unappropriated, arising from the sales of the aforesaid lots, after the public

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buildings are complete, such overplus if any shall be considered as constituting a part of the county funds, and subject to the orders of the Inferior court. 6. And be it further enacted, That the [Illegible Text] elections and other county business shall be held at the house erected for that purpose, on the [Illegible Text] or lot number eighty-three in the 4th district as aforesaid, until the Court house is completed, and the same reported to the Inferior court by the commissioners appointed to superintend the building of the same. 7. And be it further enacted, That all acts or parts of acts touching or militating against this act be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To legalize and make valid two manuscript books of the Old Records of the Executive Department. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the autority of the same, That from and after the passing of this act, the

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two manuscript books A and B in the Executive Department, containing the records of said Department from the year one thousand seven hundred and seventy-seven, to the year one thousand seven hundred and eighty four inclusive, that have been transcribed in pursuance of a resolution of the tenth day of December last past be, and the same are hereby legalized and made valid, and shall henceforth become a part of the records of said Department. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To alter the time of holding the electitions for county officers in this state, so far as respects Sheriffs, Clerks of the Superior and Inferior courts, Surveyors and Coroners. 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, That the elections for Sheriffs, Clerks of the Superior and Inferior courts, county Surveyors and Coroners of the respective counties within this state, shall be held on the first Monday in January, one

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thousand eight hundred and fourteen, and on the first Monday in January every second year thereafter, in each and every of the said counties respectively. 2. And be it further enacted, That all other acts or parts of acts, militating against this act be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assentnd to, 16th December, 1811. AN ACT To amend the fourth and fifth sections of the third article of the Constitution of this state. WHHEREAS the fourth fifth sections of the third article of the Constitution of this State, are in the words following, viz: fourth section.. The Justices of the Inferior courts shall be appointed by the General Assembly, and be commissioned by the Governor, and shall hold their commissions during good behaviour, or as long as they respectively reside in the county for which they shall be appointed, unless removed by sentence or impeachment, or by the Governor on the address of two thirds of each branch of the General Assembly; they may be compensated for their services in such manner as the Legislature may by law direct.

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Fifth Section.The Justices of the Peace shall be nominated by the Inferior courts of the several counties, and commissioned by the Governor, and there shall be two Justices of the Peace in each Captain's district, either or both of whom shall have power to try all cases of a civil nature within their district, where the debt or liquidated demand does not exceed thirty dollars, in such manner as the Legislature may by law direct; they shall hold their appointments during good behaviour, or until they shall be removed by conviction or indictment in the Superior court for mal-practice in office, or for any felonious or infamous crime, or by the Governor on the address of two thirds of each branch of the Legislature. AND WHEREAS, the term of good behavior has [Illegible Text] tendency to destroy that sense of responsibility which should ever be kept alive in a free country, and felt by every individual in whose hands the duties of office are reposed; 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the [Illegible Text], it is hereby enacted, That as soon as this act shall have passed agreeably to the requisitions of the Constitution, that then, the sections above recited shall be repealed, and the following adopted in lieu thereof; 2. BE it enacted by the Senate and House of Representatives of the S tate of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior courts shall be elected on the third Tuesday in October, eighteen hundred and thirteen, and on the third Tuesday in October in every fourth year

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thereafter, by the electors entitled to vote for members of the General Assembly, which election shall be held conducted in the same manner as pointed out by law for the election of Clerks Sheriffs, and the persons so elected, shall be commissioned by the Governor, and continue in office for the term of four years, unless removed by impeachment formal-practice in office, or by the Governor on the address of two thirds of both branches of the General Assembly; they may be compensated for their services in such manner as the Legislature may by law direct; and there shall be five Justices for each county, who shall hold their offices until their successor are elected and qualified, and when any vacancy shall happen by death, resignation or otherwise, of any Justice of the Inferior court, it shall be the duty of two or more of the Justices of ths Inferior court or Justices of the Peace to give at least twenty days notice by advertisement at three of the most public places in the county, previous to the election to fill such vacancy, which election shall be held in the same manner as is by this section before expressed. 3. And be it further enacted by the authority aforesaid, That there shall be two Justices of the Peace in each Captain's district in the several counties of this state, either or both of whom shall have power to try all cases of a civil nature within their district where the debt or liquididated demand does not exceed thirty dollars, in such manner as the Legislature may by law direct; they shall be elected on the first Saturday in January, eighteen hundred and thirteen, and on the first Saturday in January in every fourth year thereafter, by the citizens of the district to which they respectively belong, entitled to vote for members

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of the General Assembly, which election shall be superintended by three freeholders of the district, whose duty it shall be to take the following oath, to be administered by the Captain or commanding officer of said district, to wit:I, A. B. do [Illegible Text] swear, that I will to the best of my abilities, superintend the election of Justices of the Peace for this district, so help me God....and they shall transmit a return of said election within twenty days to His Excellency the Governor, who is hereby authorised to commission the persons so elected accordingly; and they shall hold their appointments during the term of four years, and until their successors are elected and qualified, [Illegible Text] they shall be removed by conviction on indictment in the Superior court for mal practice in office, or for any felonious or infamous crime, or by the Governor on the address of two thirds of each branch of the Legislature. And when any vacancy shall happen by death, resignation or otherwise, of any Justice of the Peace between the time of such election, and the expiration of the time for which such Justice or Justices were elected, it shall be the duty of two of the Justices of the Peace in any of the adjoining districts where such vacancy or vacancies may happen, to advertise in three of the most public places in the district where such vacancy or vacancies may happen, the time of holding an election for the purpose of filling such vacancy or vacancies, and give at least fifteen days notice of the time and place where such election shall be held, which shall be in the district where such vacancy or vacancies shall have happened, and it shall be the duty of the said Justices to superintend such election, and certify the same under their hands, to His Excellency

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the Governor, who shall within ten days after receiving the same, commission the persons having the highest number of votes, provided, the same [Illegible Text] not contested. ROBERT IVERSON, Speaker of the House of Representatives MATHEW TALBOT, President of the Senate. AN ACT Supplementary to an act, entitled an act, to lay out a new county out of the counties of Elbert, Franklin. Jackson, Oglethorpe and Clarke. WHEREAS in laying out the above recited new county, it appears that the Sheriff who has been elected and commissioned for the county [Illegible Text] Elbert, now resides within the limits of the aforesaid new county, and whereas, doubts may arise [Illegible Text] to his holding his office as Sheriff of the aforesaid county of Elbert; 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia [Illegible Text] General Assembly met, it is enacted by the authority of the same, That the above recited act [Illegible Text] not be so construed as to deprive the Sheriff [Illegible Text] has been elected already for the county of [Illegible Text] from holding his office as Sheriff of the aforesaid county of Elbert, and he shall not be [Illegible Text] as the Sheriff of the aforesaid new county, [Illegible Text] the term for which he has been elected Sheriff [Illegible Text] the aforesaid county of Elbert, unless he [Illegible Text]

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resign his commission as Sheriff of the county of Elbert, and be re-elected for the aforesaid new county. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 14th December, 1811. AN ACT To make permanent the site of the public buildings in the town of Dublin, county of Laurens. 1. Be it enacted by the Senate House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That from and after the passing of this act, the public buildings of the said county of Laurens, shall be erected on lot number two hundred and thirty-two in the first district of Wilkinson county at the time of Surveying, now Laurens county, in conformity with an act passed the [Illegible Text] day of December eighteen hundred and ten; Provided, that it is on the same spot as the Commissioners heretofore selected for the court-house lot. 2. And be it urther enacted by the authority aforesaid, That Jonathan Sawyer, Jethro B. [Illegible Text] John G. Underwood, Benjamin Adams and Henry Shepard, esquires, be, and they are hereby appointed

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Commissioners of the Court-house and other public buildings of said county of Laurens, and they or a majority of them are hereby authorised and empowered to lay out and sell such a number of lots as may be sufficient to defray the expences of such public buildings as they may think necessary. 3. And be it further enacted, That all laws or parts of laws, militating against this law, are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811. AN ACT To regulate the future elections of members of Congress in this state. 1 BE it enacted by the General Assembly of Georgia, That so soon as His Excellency the Governor shall obtain the law of Congress fixing the ratio of Representatives to be elected for the National Legislature, agreeably to the late Census, it shall be his duty to issue his Proclamation, announcing the number of such Representatives this state is entitled to. 2. And be it further enacted, That at the next annual election for members of the State [Illegible Text]

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and every two years thereafter till altered by law, the citizens of this state shall be entitled to elect such a number of Representatives to Congress as shall be announced by the Governor's Proclamation, agreeably to the foregoing section. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 10th December, 1811. AN ACT For the election of the Clerk or other person to whom the care of the records and other proceedings of the Court of Ordinary are vested. 1. BE it enacted by the Senate and House of Representatives in General Assembly met, and by the authority of the same, That the Justices of the Inferior court in the several counties throughout this state, at the usual place of holding their courts on the first Monday in January, in the year eighteen hundred and thirteen, and on the first Monday in January in every second year thereafter, shall proceed by ballot to the choice of clerks of the Courts of Ordinary, who shall hold their office for and during the term of two years, unless sooner removed for mal-practice in office, and until a successor is in manner aforesaid elected. AND IT IS HEREBY PROVIDED, that the clerk

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in manner aforesaid elected, shall be eligible to [Illegible Text] ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811. AN ACT To repeal an act, entitled an act, for keeping open Little river and Broad river, passed twenty-second February, one thousand seven hundred and ninety-six, so far as respects Little river, and all other acts passed for the prevention of erecting mills on said river. WHESEAS the erection and establishment of Merchant mills are objects of utility and the first importance to the citizens of this state, particularly that portion of the citizens who live adjacent to the said river. And whereas, the said Little river affords many valuable and eligible situations for the erection and establishment of Merchant millsFor remedy whereof; Sec. 1. BE it enacted by the Senate and House of Representatives of the State of Gergia in General Assembly met, and it is hereby enacted by the

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authority of the same, That an act entitled an act, for keeping open Little river and Broad river, passed the twenty second day of February, seventeen hundred and ninety six be, and the same is hereby repealed, so far as respects Little river, and all other acts heretofore passed, which had a [Illegible Text] to forbid or prevent persons from erecting mills on said rivers. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 14th December, 1811. AN ACT To revise and amend an act, entitled an act, for the more full and complete establishment of a public seat of learning in this state, passed 27th January, 1785. Sec. Be it enacted by the S enate and House of Representatives of the S tate of Georgia in General Assembly met, and by the authority of the same, That the number of Trustees of the University shall be reduced to five, three of whom shall constitute a Board to do business, and should they or either of them fail giving attendance for two meetings of the Board successively, the seat or seats of such member or members so failing to [Illegible Text]

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shall be considered as vacated, unless absent on business; and it shall be the duty of the President of the University to report the same to the Legislature, as well as all other vacancies that may happen, by whom the same shall be filled; and no Trustee shall receive any compensation for his services as Trustee. 2 And be it further enacted, That Peter Early, Edward Paine, Stephen Upson, John Griffin and William H. Crawford be, and they are hereby appointed Trustees of said University. 3. And be it further enacted, That the Governor for the time being, the President of Senate and Speaker of the House of Representatives, together with the Senators from each county, except from the county in which the Speaker may reside, shall constitute the Board of Visitors, who, together with the Board of Trustees shall constitute and form the Senatus Academicus, whose powers and duties shall remain as defined by this act, and the before recited acts, where they do not militate with this act. 4. And be it further enacted, That the duties of Secretary and Treasurer of the Board of Trustees shall be done and performed by one and the same person, who shall be appointed by the Board of Trustees; he shall reside or keep his office at the University, and shall be compensated for his services annually by said Board of Trustees; and all other officers of the University shall be appointed by the Senatus Academicus, and their salaries regulated by the Board of Trustees. 5. And be it further enacted, That the Senatus Academicus shall meet at Milledgeville annually on the second Monday in November, before whom the Board of Trustees shall lay all

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their proceedings relative to the said University, together with a true statement of their receipts and expenditures, which shall also contain the number of students, their names, their different [Illegible Text] and the amount of tuition money, and said proceedings and statements shall be by the [Illegible Text] Academicus laid before the General Assembly. 6. And be it further enacted, That Students of College shall be at liberty to board at any place within the town or vicinity of Athens, [Illegible Text] they board with moral respectable families, of which the President of College shall judge. 7. And be it further enacted, That the examination of the Students of College for degrees, shall be conducted by three of the Trustees, with the assistance of the President and professors, or by three persons chosen by said Trustees who are considered by them to be qualified to examine; and that no student shall be suffered to graduate without the assent of two thirds of said examiners 8. And be it further enacted, That all laws or parts of laws that militate against this law be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811.

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AN ACT To amend the act, entitled an act, to amend the acts for regulating Vendues, so far as to authorise a Vendue Master for the town of Milledgeville. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met. That there shall be one or more Vendue Masters appointed for the town of Milledgeville in the manner and under the restrictions pointed out in the above recited act, any law to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To amend an act, to incorporate a company for the improvement of the navigation of the Oconee river, c. 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, That the said 'corporation shall have full power and authority to erect a Lock or passage through any dam already built or began in the Oconee river within the jurisdiction of the said corporatton,

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that they may deem necessary to promote the navigation thereof; any thing to the contrary thereof notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To compel Coroners, Sheriffs and Constables to receive securities on certain occasions therein expressed. Sec. 1. BE it enacted by the Senate and House of Representatives in General Assembly met, That in all cases where a levy is made on property which is claimed by a third person, and good and sufficient security is tendered by the party claiming the same, it shall be the duty of such sheriff, constable or coroner to take security for treble the amount of the debt, on which such execution is founded, for delivery of the property so levied on at the time of sale, ( provided, the property so levied on should be found subject to such execution), then and in that case, it shall be the duty of the sheriff, coroner or constable to leave the same in the possession of such claimant, and in case the said claimant or security shall fail to deliver the property at the time and place of sale agreeably

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to such bond, it shall be the duty of the officer taking the same to transfer such bond to the plamtiff in execution, and said bond shall be recoverable in any court of law or equity in this state, having cognizance thereof. 2. And be it further enacted, That in all cases where any of the aforesaid officers shall arrest any person charged with a capital offence, he shall secure so much of the property of the person so charged if to be had, as will in his opinion be of sufficient value to defray the expence incident to such prosecution, jailors fees, c. and make return thereof to the next Superior court of the county, and it shall be the duty of the Judge of said court to order a sale thereof by the sheriff under the same regulations as govern sheriffs sales under executions; provided nevertheless, that the party charged, or his agent may replevy such goods on puting in sufficient security for the delivery of the same, or payment of all the expenses of said prosecution, conviction or execution. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To alter the time of holding the Inferior court in the county of Pulaski. 1. BE it enacted by the Senate and House of

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Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That hereafter the Inferior court for the county of Pulaski shall be holden on the third Monday in January and July and that all jurors drawn for, and all writs or other proceedings made returnable to the heretofore regular term of said court, shall stand over and be considered as returnable to the term of said court as herein specified. 2. And be it further enacted, That all laws or parts of laws, militating against this act be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate, Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assentnd to, 13th December, 1811. AN ACT For the relief of Benjamin Everett. WHEREAS Benjamin Everett states that he resides on the line dividing the county of Baldwin and Wilkinson, and is thereby compelled to pay taxes and perform duty in both counties....for remedy whereof; 1. BE it enacted by the S enate and House of Representatives in Genneral Assembly met, That from and after the passing of this act, the residence of the said Benjamin Everett, shall be

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held and considered as lying and being in the county of Baldwin. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 10th December, 1811. AN ACT To amend an act, entitled an act, to appropriate the funds heretofore set a part for the redemption of the publie debt, passed the second day of December, one thousand eight hundred and eight. WHERE AS by the second section of the aforesaid act, passed the second day of December, 1808, the sum of fifty five thousand dollars of the money arising from payments on the bonds for Fractional Surveys which were created out of the late cession of land obtained from the Creek Nation by the United States, in a treaty concluded at the City of Washington, the 14th of November 1805, should be set apart and appropriated annually and every year for the redemption of the outstanding evidences of the debt of this state; and that His Excellency the Governor for the time being, should draw in favor of such evidences of debt, reduced in manner as [Illegible Text] in said act directed,

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provided, such sum should be annually received at the Treasury on account of such Fractional bonds: And whereas it appears that such sum in money is not annually received at the Treasury and the objects of said law are thereby defeated: Sec. 1. Be it therefore enacted by the S enate and House of Representatives of the S tate of Georgia in General Assembly met, and it is enacted by the authority of the same, That His Excellency the Governor for the time-being, shall be, and he is hereby authorized to issue to the holder or holders of certificates of any of the denominations mentioned in the before recited act, reduced as is therein directed, a warrant on the Treasury for the amount of his, her or their claim payable out of any money arising from payments made to the Treasury for the aforesaid fractional surveys without any regard to the amount which may be in the Treasury on account of that fund, provided, the same amounts to the claim in whose favor he may draw. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate, Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 10th December, 1811. AN ACT To divorce John Stark and Nancy his wife. 1. Be it enacted by the Senate House of Representatives

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of the State of Georgia in General Assembly met, and by the authority of the same, That from and immediately after the passing of this act, the matrimonial connection or civil contract of marriage made between John Stark and Nancy his wife, late Nancy Fitzpatrick, shall be completely annulled, set aside and dissolved, as fully and effectually as if no such contract had ever heretofore been made and entered into between them. 2. And be it further enacted by the authority aforesaid, That the said John Stark and Nancy his wife, late Nancy Fitzpatrick, shall in future be held as separate and distinct persons, altogether unconnected by any mystical union or civil contract whatsoever at any time heretofore made or entered into between them. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 4th December, 1811. AN ACT Forincorporating the Greenwood-church in the county of Lincoln. WHEREAS a Religious Society has for many years past been established in the county of Lincoln, and known by the name of Greenwood Church. AND WHEREAS, it is necessary for the

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promotion of Religion and virtue, that Churches or religious Societies be made capable of holding, conveying, enjoying and defending any property which they may acquire by donations or otherwise; 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, it is hereby enacted by the authority of the same, That John Hammock, George Zoellner, Levin Parkinson, William Moncrief and John H. Walker 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 Greenwood Church of Lincoln county. 2. And be it further enacted by the authority aforesaid, That the said John Hammock, George Zoellner, Levin Parkinson, William Moncrief and John H. Walker, Trustees as aforesaid, and their successors in office, shall be invested with all manner of property, both real and personal, and to convey the same, all donations, gifts, grants, hereditaments, privileges and immunities whatsoever, which may belong to the said Church at the time of passing this act, or which may hereafter be made, conveyed or transferred to them or their successors in office, to have and to hold the same for the proper use benefit and behoof of the said Church; and also that the said Trustees and their successors in office shall be, and they are hereby declared to be capable of suing and being sued, impleading and being impleaded, and of using all necessary legal steps for recovering or defending any property whatever which the said Church may hold, claim or demand, and also for recovering the rents, issues and profits of the same, or any part or parcel thereof.

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3. And be it further enacted by the authority aforesaid, That the Trustees of the said Greenwood Church shall hold their office for the term of three years, and on the first Saturday in January, one thousand eight hundred and fifteen, and in every third year after the passing of this act, the supporters of the Gospel in said Church, shall convene at the Meeting house of said Church, and there between the hours of ten and four, elect from among the supporters of the Gospel in said Church, five discreet persons as Trustees, who shall hold their office three years as aforesaid with the same powers, and for the same purposes as above declared. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To revise and amend the third section of an act, for clearing out Ogechee river Briar creek, passed the 22d day of February, 1796. WHEREAS the said third section of the before recited act is found insufficient for the purposes intended...for remedy whereof; Sec. 1. BE it enacted by the Senate and House

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of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That from and immediately after the passing of this act, all hedges, stops or wears already made, or which may hereafter be made across the said river Ogechee, any where between the mouth thereof and the shoals of the same, shall be removed by the person or persons putting in the same, and if any hedge, stop or wear as aforesaid shall on the first day of January next, or at any time thereafter be, or remain in the said river, it shall be the duty of any Justice or Justices of the Peace in any adjoining Company district or county on information being made on oath, that there is any hedge, stop or wear in the said river, between the places as aforesaid, to issue his order directed to any lawful Constable of said district or county to summon and take with him any number of citizens which he may deem necessary, and proceed without delay to remove all such hedges, wears or stops as aforesaid, and the person or persons having placed the same in said river, shall be liable to pay at the rate of fifty cents per day for each person so employed as aforesaid, all to be recovered in one action in any court having cognizance of the sum. 2. And be it further enacted, That any person or persons offending in like manner a second or at any other time thereafter, shall be and they are hereby declared to be liable to be indicted in any adjoining county, and on conviction thereof, to be fined in a sum not exceeding one hundred dollars, one moity to be paid to the Inferior court for the use of the county, and the other to the prosecutor. 3. And be it further enacted, That all acts or

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parts of acts, militating against the provisions of this act be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 14th December, 1811. AN ACT To alter the mode of appointing Vendue Masters for the City of Savannah, and to prescribe the method of taking bonds of, and qualifying the Vendue Masters throughout this state. 2. 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 such number of Vendue Masters for the City of Savannah as the Legislature may deem necessary, shall be appointed annually by concurred resolution of both branches thereof; and in case of the non-acceptance of any person or persons so appointed, the Governor is authorised to make appointments in lieu thereof, and to fill such vacancies as may otherwise happen during the recess of the General Assembly. 2. And be it further enacted, That the Vendue Masters throughout this state shall give bond with good security to the Governor for the time being, and to his successors in office, conditioned for the true and faithful performances of the duties

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required of them by law, and shall take and subscribe an oath truly and faithfully to perform and discharge all such duties; which bond shall be taken and approved of, and oath administered by the Justices of the Inferior court, or any two of them, of the county in which such Vendue Masters may be, under a dedimus potestatem from the Executive Department. 3. And be it further enacted, That all laws heretofore passed vesting in the corporation of Savannah the power of appointing Vendue Masters for that City be, and the same are hereby repealed; PROVIDED, that nothing herein contained shall be construed to prevent the said corporation from receiving from the Vendue Masters in Savannah the sum which they are required to pay to the Treasurer of that City by the second section of an act, to enable the corporation of Savannah to collect certificates, c. passed the 26th of November, 1802. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To point out the mode for the collection of Rents. 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

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this act, it shall and may be lawful for [Illegible Text] person who may hereafter have rent due, [Illegible Text] the same does not exceed thirty dollars, to make application to any Justice of the Peace within the district where his, her or their [Illegible Text] may [Illegible Text] and obtain from such Justice a distress warrant for the sum claimed to be due, on oath in writing, for the said rent, and the same may be levied by any Constable duly qualified, on any property belonging to the said tenant, and shall advertise and sell the same under the same rules and regulations as other sales under execution, and where any distress shall issue for a sum exceeding thirty dollars, it shall be levied by the Sheriff of said county, advertised and sold as in cases of other executions, PROVIDED NEVERTHELESS, that the party destrained, shall be entitled to replevy the goods so destrained, by making oath that the sum or some part thereof destrained for, is not due, give security for the eventual condemnation money, and in that case it shall be the [Illegible Text] of such officer to return the same to the court having cognizance of the same, and the same shall be determined by a jury as practised in other cases of claims. 2. And be it further enacted, That where property may be destrained and claimed by a third person, the same shall be claimed on oath, and shall be returned tried and determined in like manner under the same rules and regulations as are by law pointed out for the trial of the right of property. 3. And be it further enacted, That in no case [Illegible Text] preference shall be given to persons destraining for rent, where there are any Judgments against the person or property so destrained. 4. And be it further enacted, That where any

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tenant shall refuse to give possession of the premises at the end of his lease, it shall be lawful for the person leasing the same, to demand of such tenant monthly, double the sum that the same was leased for, and may recover the same at the expiration of every month, or in the same proportion for a longer or shorter time, by distress in manner pointed out as aforesaid. 5. And be it further enacted by the authority aforesaid. That if any person leasing or renting land, house or houses, shall fail to pay the rent at the time the same shall become due, it shall and may be lawful for the leasor immediately thereafter, to enter and retake possession of the premises so by him leased or rented. 7. And be it further enacted by the authority aforesaid, That all contracts for rents whether verbal or in writing, shall bear interest from the time the same shall become due, any law, usage or custom to the contrary notwithstanding; and all actions commenced in any of the courts of this state for the recovery of rent in arrear, shall be tried at the term to which the same shall be returnable, unless good cause shall be shewn for the continuance thereof, nor shall any such action be continued more than one term at the instance of either party, any law to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811.

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AN ACT To authorise the Inferior court of Warren county to transcribe the records of that county into bound books, and to confirm the same in Courts of Record. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the Inferior court for the county of Warren, or a majority of them be, and they are hereby authorised and empowered to cause to be fairly transcribed into bound books, the whole or any part of the Records of said county. 2. And be it further enacted, That it shall be the duty of the officers of said court, or any person having charge of any of the Records of said county, to deliver them up to the court; and the said court or a majority of them, are hereby required to appoint a fit and proper person or persons to transcribe the records aforesaid, and take bond with good and sufficient security for the faithful execution of the duties aforesaid, who shall also take and subscribe an oath to that effect. 3. And be it further enacted, That after the Manuscript copy shall be finished, the Inferior court shall appoint two fit and proper persons to compare and correct the Manuscript copy, and when corrected as aforesaid, the copy and original shall be received by the aforesaid court, and deposited in the offices to which they respectively belong. 4. And be it further enacted, That the said Duplicate Records shall be considered by the officers of court as original Records, and shall be received

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as such in all or any Court of Record, nor shall they or any of them be bared in evidence by the Courts of Record throughout this state, any thing to the contrary notwithstanding. 5. And be it further enacted, That the said court shall be, and they are hereby authorised to defray the expences of transcribing the said Records out of the county funds. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To secure to Sarah M`Leod the exclusive right and privilege of erecting a bridge over the Ohoopee river. 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, That the exclusive right and privilege of building a bridge over the river Ohoopee, at or near where a ferry is now kept by Sarah M`Leod shall be, and the same is hereby vested in the said Sarah M`Leod, her heirs and assigns forever; PROVIDED, the said Sarah M`Leod or her assigns shall within five years erect a good and sufficient bridge for the passage of travellers with waggons, horses, c;

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if at any time after building the said bridge, the owner thereof shall suffer the same to go out of repair for the space of three years, then the benefits intended by this act shall be forfeited, and until the said bridge is erected, a ferry shall be kept at the place aforesaid. 2 And be it further enacted, That it shall not be lawful for any person or persons whatever to erect a bridge over the said river within three miles up or down the said river from the place herein before mentioned; any thing in any law to the contrary notwithstanding. 3. And be it further enacted, That the said Sarah M`Leod, her heirs and assigns shall and may receive and take the several sums hereinafter specified, as toll or ferriage at the place aforesaid, that is to sayfor every foot passenger, six and a quarter cents; for each man and horse, twelve and a half cents; for each single horse led or drove, six and a quarter cents; for each chair or sulky, twenty-five cents; for all four wheel pleasure carriages, fifty cents; for each waggon, team and driver, fifty cents; for a rolling hogshead, including horse and driver, twenty five cents; for each cart, horse and driver, twelve and a half cents; for each head of cattle, two cents; for each head of hogs, sheep, goats, c. one cent. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811.

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AN ACT To authorise Colonel Pascal Harrison, his heirs and assigns, and the heirs and representatives of George Cluff, deceased, to build a toll bridge across the Oconee river, at or near the mouth of the Appalachee river. 1. BE it enacted by the Senate House of Representatives in General Assembly met, by the authority of the same, That Col. Pascal Harrison, his heirs assigns, the heirs and Representatives of George Cluff, deceased, are hereby authorised to build a toll bridge across the Oconee river, at or near the mouth of the Appalachee river. 2. And be it further enacted, That the said Pascal Harrison, his heirs and assigns, and the heirs and representatives of the said George Cluff, deceased, shall hold the said bridge and all the profits arising therefrom, and be entitled to receive, and may lawfully demand from travellers passing over said bridge, the following rate of tollfor every four wheel carriage, twenty five cents; for each two wheel carriage, twelve and a half cents; for each rolling hogshead, twelve and a half cents; for each man and horse (or rider) six and a quarter cents; for each and every other horse, mule, cattle, sheep, hog or goat, one cent per head. 3 And be it further enacted, That the said Pascal Harrison the heirs or representatives of the said George Cluff, deceased, shall give their bond with sufficient security to the Inferior courts of Greene Morgan counties, under the penalty of one thousand dollars, to keep the said bridge in

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good, safe passable repair, (casualties excepted). 4. And be it further enacted, That nothing herein contained, shall go to effect the powers confided by law, to the navigation company of said River Oconee. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assentnd to, 13th December, 1811. AN ACT To regulate the appointment of Jailors, and to alter and explain the first section of an act, entitled an act, pointing out the duty of Sheriffs in selling lands under execution, passed 22d December; 1808. 1. BE it enacted by the S enate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That in future all Sheriffs on appointing a keeper of the jail, to require sufficient security of him or them, and such person appointed, shall before he enters on the duties of his or their office, to take and subscribe the following oath before some one of the Justices of the Inferior court of said county, to wit, I, A. B. do solemnly swear or affirm (as the case may be), that I will well and truly do

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[Illegible Text] perform all and singular the duties of Jailor for the county of , and that I will humanely treat all criminals who may be brought to jail, of which I am the Keeper, and not suffer them to escape by any negligence or inattention of mine, so help me God. 2. And be it further enacted, That the first section of the before-recited act, shall not be so construed as to authorise any judge of the Superior courts to order writs of possession to issue against a third person residing within the limits of any such survey or tract of land so offered for sale; provided also, that such person shall not be known in the suit on which such execution is founded, nor have been put in possession by or claimed under or by virtue of any conveyance from the defendant in such suit. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT Granting to the Commissioners of the Sunbury Academy, for the use of that seminary, 166 2-3 acres of land. Sec. 1. BE it enacted by the S enate and House of Representatives in General Assembly met, and by the authority of the same, That one third of a tract

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of land adjoining Sunbury, known by the name of the Distillery Tract, confiscated as the estate of Roger Kellsall, and now the property of the state be, and the same is hereby given, granted and conveyed to the Commissioners of the Sunbury Academy, for the sole use and benefit of that institution. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 4th December, 1811. AN ACT To regulate the Pilotage of vessels, to and from the Port of Darien and Sapelo river. WHEREAS it is highly necessary for the safety of all ships and vessels bound inward to, and outward from, the Port of Darien and Sapelo river, that there should be a sufficient number of good, skilful and able Pilots, constituted and appointed for the bringing into, and carrying out of the sameFor the expeditious and effectual performance of which; Sec. 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, That the several persons hereinafter named, be

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Commissioners for the regulation of Pilots, rates, and all matters relating to the Pilotage from the Port of Darien and Sapelo river, viz: Thomas Spalding, James Hamilton, William A. Dunham, Virgil H. Vivion, Scott Cray, Jacob Wood and Reuben King, three of whom are hereby declared to be a quorum, and are hereby empowered to nominate and license such person or persons as they shall think to be most fit and competent to act as Pilots for the conducting of vessels inward to, and outward from the Port of Darien and Sapelo river 3. And be it further enacted by the authority aforesaid, That the Commissioners or a majority of them shall have power to pass such bye-laws, rules and regulations as they shall deem most advantageous for the safe pilotage of vessels bound inward to, and outward from the Port of Darien and Sapelo river; PROVIDED, such bye-laws, rules and regulations be not repugnant to the laws and Constitution of this state, or the United States. 3. And be it further enacted by the authority aforesaid, That all former acts respecting the regulations of Pilots and pilotage for Darien and Sapelo river, are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 10th December, 1811.

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AN ACT To amend the several acts appointing Commissioners to fix on the site for the public buildings in the county of Wayne, and to regulate the grand and petit jury list. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the Superior and Inferior courts, Courts of Ordinary, elections, c. shall be holden by order of the said Inferior courts or any three of them, at any convenient place within three miles of the Court house, or at William Clements, the place at which the said courts, elections, c. are now held; PROVIDED, the said Clements shall keep and maintain good order during the sitting of any of the said courts, elections, c. until the said Court-house shall be so far completed as to receive the said courts, elections, c. 2. And be it further enacted, That so soon as the said Court-house shall be covered and [Illegible Text]-boarded, the Commissioners shall give the Justices of the Inferior courts for said county proper notice, and the said Justices shall immediately on the reception of such notice, give at least ten days public notice in the county, after the expiration of which notice, all courts and elections, and all other county business shall be held and transacted at the Court-house aforesaid. 3. And be it further enacted, That when the Justices of the Inferior court for the county [Illegible Text] Wayne shall regulate the list of grand and [Illegible Text]

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jurors agreeable to law, they shall place the list of jurors in the proper department, and lock the jury box and deliver the key to the Sheriff. 4. And be it further enacted, That all laws or parts of laws, militating against this act be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811. AN ACT To alter and change the time of holding the Superior courts in the county of Hancock. 1 Be it enacted by the Senate House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That from and after the passing of this act, the Superior courts to be held for the county of Hancock, shall commence on the first Monday in February and August, instead of the third Mondays in said months annually. 2. And be it further enacted, That all writs and other processes heretofore issued, or which may issue, shall be returned and tried on the said first Monday in February and August, in the same manner they would otherwise have been, had not

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the times for holding said courts been altered and changed by this act. 3. And be it further enacted, That all jurors, witnesses, parties to suits, or other persons whatsoever concerned, shall give their attendance on the aforesaid first Monday in February and August, as punctually as if thereto summoned, any law or usage to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives, MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811. AN ACT To explain an act, to amend the several road acts regulating roads in this state, so far as respects the operation of said acts in the counties of Bryan, Liberty, M`Intosh, Glynn, Camden and Wayne, so far as respects the county of Glynn. 1. BE it enacted by the Senate and House of Representatives in General Assembly met, and by the authority of the same, That the sum of three dollars assessed by the afore-recited act upon all slaves liable to perform road duty upon the island of St. Simons and Jekyll be considered as a sufficient assessment for each year.

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2. And be it further enacted, That all fines accruing by this [Illegible Text], shall be appropriated for the making the road across the Buffal[oelig] in the said county 3. And be it further enacted, That all laws or any part of laws operating against this law be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To authorise the Judge of the Superior courts of the Western District to hold an extra session in the county of Lincoln. WHEREAS there was a failure in the Superior court which should have been holden in and for Lincoln county in October last, occasioned by the Clerk of the said court refusing to qualify; AND WHEREAS, inconveniencies are likely to result therefromfor remedy whereof; Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Judge of the Superior courts of the Western District be, and he is hereby authorised and empowered, to hold a court

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in and for said county of Lincoln on the second Monday in January next, and that all officers of said court, jurors and witnesses be required to attend under the same penalties and like the restrictions as if the said court had been holden at the period heretofore pointed out by law for holding said court. 2. And be it further enacted by the authority aforesaid, That the jury drawn to serve at the court which should have been holden in and for said county of Lincoln in October last, be considered, held and taken as the jury for the term to be holden in pursuance of this act, they being summoned to attend at least ten days prior to the sitting thereof. 3. And be it further enacted by he authority aforesaid, That all witnesses and every other person or persons who were bound by recognizance or otherwise to attend the court which should have been holden in said county of Lincoln in October last, and who shall not have been discharged by due course of law be, and they are hereby required under the same penalties to attend the court which shall be holden in pursuance of this act. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811.

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AN ACT To compel the Clerks of the Superior and Inferior courts, Sheriffs, county Surveyors, Coroners, Collectors and Receivers of Tax Returns of this state, to take the oath and give the security required by law, within the time therein specified. WHEREAS by the laws now in force in this state, some inconvenience has, and may again happen with respect to the time which ought to be given to the Clerks elect of the Superior and Inferior courts, Sheriffs, county Surveyors, Coroners, Collectors and Receivers of Tax Returns to qualifyfor remedy whereof; 2. BE it enacted by the Senate and House of 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 Clerks of the Superior Inferior Courts, Sheriffs, County Surveyors, Coroners, Collectors and Receivers of Tax Returns, shall be bound in ten days after they are notified of the arrival of their commission, to take the oath and give the security required by law. 2. And be it further enacted, That in case of the neglect or refusal of any Clerk, Sheriff, County Surveyor, Coroner, Collector or Receiver of Tax Rreturns to take such oath, and give such security within the time aforesaid, it shall and is hereby declared to be the duty of any three or more of the Justices of the Inferior court for the county wherein such neglect or refusal shall have happened,

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to declare such appointment vacant, and to order another election by giving at least twenty days notice in writing at three or more of the most public places in the county. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To add a part of Washington and Montgomery counties to Laurens county. Sec. 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, That all that part of the counties of Washington Montgomery included in a line beginning on the Oconee river opposite the Laurens county line where it intersects the banks of said river, and thence a direct line to the mouth of Fort's creek, thence up the meanders of the same to the Lime-stone rocks, thence a direct line to Wood's bridge, on the Big Ohoopie, thencedown the said Ohoopie to Pugh's trail at the Mount Pleasant Ford, thence in a direct line to the head of Mercer's creek, thence down said creek to the Oconee river, and the same shall constitute a part of Laurens county. 2. And be it further enacted by the authority afaoresaid, That David Blackshear, Paul Grimbel

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and William Neil be, and they are hereby appointed commissioners to superintend the running and marking the said line, and the Surveyor of Washington county is hereby authorised and required to run, and cause the said line to be distinctly marked under the direction of the aforementioned commissioners or a majority of them. 3. And be it further enacted by the authority aaforesaid, That all the expenses incurred by and in consequence of running and marking the said line, shall be defrayed by the county of Laurens; PROVIDED, the said expenses shall not exceed the sum of twenty dollars. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 10th December, 1811.] AN ACT To repeal an act, entitled an act, to authorise Henry Joice to erect a ferry across the Oconee river, at or near his landing. 1. BE it enacted by the Senate House of Representatives in General Assembly met, by the authority of the same, That from and after the passing of this act, the law passed at the last session of the Legislature on the 13th December 1810, appointing

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James Alston, Abraham Jones, Edward Blackshear, Hugh M'Donald and Joseph Burch, Commissioners, to lay off a Road for the establishment of a Ferry, at or near Henry Joice's landing be, and the same is hereby repealed, any law or parts of laws to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives MATHEW TALBOT, President of the Senate Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811. AN ACT To authorise the justices of the Inferior court of the County of Camden, to levy an extra tax. 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, That the Justices of the Inferior court of the county of Camden are hereby authorized and required to levy an extra tax on the inhabitants of Camden county, which shall not exceed one sixth part of the general tax, for the purpose of building a jail in said county of Camden. 2. And be it further enacted, That the Tax Collector for the county of Camden is hereby required to collect the said tax at the same time, and upon the same terms that he collects the general

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tax, and to pay over the same into the hands of the clerk of the Inferior court of said county. 3 And be it further enacted, That the said Justices of the Inferior court of Camden county are hereby authorised and required to apply the money so collected to the building of a jail in the town of Jefferson, in Camden county. ROBERT IVERSON, Speaker of the House of Representatives, MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811. AN ACT To alter and amend an act, entitled an act, more effectually to punish the crime of Horse-stealing. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, that so much of the before recited act as repeals an act, entitled an act, more effectually to punish persons guilty of stealing horses, asses or mules, passed on the 19th day of December, one thousand seven hundred ninety-three, shall [Illegible Text] be in full force and virtue so far as respects any crime or crimes which may have been committed before the repealing of the

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Well's Ferry on the Canouchee river to Lain's Foard on Beard's Creek shall be held deemed as the dividing line between the counties of Liberty Tattnal, and all that part of the district above said line, that was formerly in Liberty county, is now declared to be part of the county of Tattnal; PROVIDED NEVERTHELESS, that nothing herein contained shall be so construed as to prevent the Tax Collector of Liberty county from collecting any taxes which may be due from any person removed from Liberty county to Tattnal by this act, any law to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811. AN ACT To amend the several acts regulating roads in this state, so far as respects the county of Wayne. Sec. 1. Be it enacted by the S enate and House of Representatives of the S tate of Georgia in General Assembly met, and it is enacted by the authority of the same, That from and after the passage of this act, the commissioners of the different roads in the county of Wayne shall be elected in the following manner; all white persons liable to perform

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[Illegible Text] duty on the Post Road, shall meet at the place of holding courts in said county on the first Monday in January, and elect three commissioners. 2. And be it further enacted, That the white persons liable to perform road duty on the road leading up the Altamaha river shall on the second Monday in January elect three commissioners at the house at present ocoupied by Richard Roberts. 3. And be it further enacted, That the white persons liable to perform road duty on the road leading from Buffal[oelig] across Satilla river to the Indian boundary line, shall on the third Monday in January elect three Commissioners for said road, at the house formerly occupied by Caleb Moore. 4. And be it further enacted, That the first election of said commissioners shall take place in January eighteen hundred and twelve, and every second year thereafter, and said elections shall be held by one or more magistrates, with one or more freeholders, and the three persons on each road having the highest number of votes, shall be the commissioners. 5. And be it further enacted, That in case of a vacancy by neglect to elect the commissioners pointed out by this act, removal out of the discrict or otherwise, then the Justices of the Inferior court shall appoint other person or persons to fill such vacancy. 6. And be it further enacted, That when any person shall be a defaulter on any of the said roads, it shall be the duty of the commissioners of the road to which he or they may belong, to give twenty days notice by advertisement in one or more of the most public places in the county, of the

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time and place of their meeting, and a majority [Illegible Text] them on the day pointed out determine on the excuse of any such delinquent; and shall within ten days thereafter issue their execution against such person as shall not have rendered to [Illegible Text] a sufficient excuse. 7. And be it further enacted, That all laws and parts of laws militating against the provisions [Illegible Text] this act be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the [Illegible Text]. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 10th December, 1811. AN ACT To alter and change the names of certain persons therein named. Sec. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in [Illegible Text] Assembly met, and by the authority of the same, That from and after the passing of this act, [Illegible Text] Saliers, Jacob Saliers, Benjamin Saliers, [Illegible Text] Saliers and Susannah Saliers shall be called and known by the name of Joshua Avoret, Jacob [Illegible Text] Benjamin Avoret, Elizabeth Avoret and Susannah Avoret. 2 And be it further enacted, That John Greer be called and known by the name of John [Illegible Text],

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and John Gates, called and known by the name of John Jamieson, Alfred Brown, to that of Alfred Wellborn, Zachariah Caswell to Zachariah Butt, and Joseph Mathews to Joseph Melburn Mathews. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To incorporate the town of Hartford in the county of Pulaski, and to vest certain powers in the commissioners thereof. 2. 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, That Thomas A. Hill, Solomon A. Hopkins, Elijah Wallace, William Lyon and Henry Simmons be Commissioners of said town, and they and their successors in office shall have full power and authority to pass all bye-laws and regulations which may be necessary for the improvement and repairing of the streets of said town, and the preservation of the public good; PROVIDED NEVERTHELESS, that such bye-laws and regulations shall not be repugnant to the Constitution and laws of this state, and that no penalty thereby imposed shall extend to corporal punishment, except to people of color;

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and provided also, that the said commissioners shall not impose any tax upon the citizens of the said town which shall exceed one dollar on each poll within the term of one year. 2. And be it further enacted, That the said commissioners shall continue in office until the first Monday in January, one thousand eight hundred and thirteen, on the first Monday in January in every year thereafter; on which day all the free male citizens of the said town, who have given in their taxable property, and who are entitled to vote for members of the General Assembly, shall assemble at the Court house in said town, and by ballot, elect other commissioners, who shall continue in office for one year, at which election two Justices of the Peace for the said county shall preside; provided nevertheless, that said commissioners shall be re-eligible to the said appointment. 3. And be it further enacted, That the said incorporation shall extend to, and take all the town lots that have been originally laid off in said town, and also shall comprehend all the land within three hundred yards of the said Court-house, it being the centre of said corporation. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 10th December, 1811.

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AN ACT To amend an act, entitled an act, to make permanent the site of the public buildings in the town of Hartford in the county of Pulaski. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, by the authority of the same it is hereby enacted, That the Justices of the Inferior court be, and they are hereby appointed commissioners of the Court-house and Jail for the county of Pulaski, in the room of the former commissioners who refuse to comply with the requisites of the former act before recited. 2. Be it further enacted by the authority aforesaid, That the said Commissioners shall have power to appoint some fit and proper person for their clerk, to take charge of all monies that have been collected have not yet been appropriated to county uses, together with all notes, bonds and other securities belonging to said county funds, that the said person so nominated, before he enters on the duties of his office, shall take the following oath, to wit: I, A.B. do solemnly swear that I will faithfully discharge the duties confided to, the trust reposed in me, by the commissioners, to the best of my skill ability, so help me Godand give bond with two or more good and sufficient securities to the amount of twenty thousand dollars, made payable to the Inferior court of said county and their successors in office. 3. And be it further enacted by the authority aforesaid, That the said commissioners or a majority of them are hereby authorised to lay out, and after giving thirty days notice in one of the

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public Gazettes of this State, advertise the [Illegible Text] at two or more public places in said county, [Illegible Text] shall proceed to sell a sufficient number of lots [Illegible Text] said town of Hartford to defray the expense [Illegible Text] building a Court house and Jail in said town [Illegible Text] Hartford. 4. And be it further enacted, That it shall [Illegible Text] the duty of said commissioners to cause [Illegible Text] clerk to [Illegible Text] a full statement of all expenditures, monies, bonds and other securities arising from the amount of sales of said lots or otherwise belonging to said county funds, before the grand jury at their first meeting annually; and also it shall [Illegible Text] the duty of the said grand jury on their presentments to report agreeable to the statement made by said clerk. 5. And be it further enacted by the authority aforesaid, That the said commissioners shall [Illegible Text] power to compensate their said clerk for his services out of said county funds, also the said commissioners or their successors in office, who are hereby made a body corporate, shall have full power and authority to sue and be sued, to plead and be impleaded in any court of law or equity in this state, having cognizance thereof, any law or usage to the contrary notwithstanding. 6. And be it further enacted, That all laws heretofore passed militating against this law be, and the same are hereby repealed. ROBERT IVERSON, Speaker of the House of Representatives, MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811.

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AN ACT To continue in force an act, passed the 22d day of December 1808, giving further time to the fortunate drawers in the late land lotteries to take out their grants. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met and it is hereby enacted by the authority of the same, That the time allowed by the above recited act, for taking out grants be, and the same is hereby extended and continued until the tenth day of November eighteen hundred and twelve, any law to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. AN ACT To prevent persons from setting fire to the Woods at improper seasons of the year. 1. Be it enacted by the Senate House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That from and after the first day of March next,

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if any white person shall knowingly and wilfully set fire to the woods, or cause the same to be done at any other time than between the first of March and 10th of April, he shall for every such offence on conviction thereof before any court having jurisdiction thereof, forfeit and pay the sum of twenty-five dollars; and in case the person so convicted should be unable to pay the same, he shall be committed to the nearest jail for the term of ten days. 2. And be it further enacted, That in case any slave or free person of color should wilfully [Illegible Text] fire to the Woods as aforesaid, or cause the same to be done, on conviction thereof, they shall for every such offence receive not more than thirty lashes on the bare back, to be inflicted after trial and conviction before such courts as are or may hereafter be provided for by law for the trial of slaves and people of color within this state; PROVIDED, that this law shall operate and take effect only in the counties of Liberty, Bryan, M`Intosh, Tattnal, Effingham, Scriven, Chatham and Bullock. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811.

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AN ACT To regulate the town of Marion, in the county of Twiggs. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Robert Cummings, James Spann, Thomas W. Harriss, Martin Kolb and Henry Loyless, esquires, be, and they are hereby appointed Commissioners of the said town of [Illegible Text], and they and their successors in office shall have full power and authority to make and ordain all such bye laws and regulations which they may deem necessary and proper for the government of said town, and keeping in repair the streets, and preservation of the public springs; PROVIDED, such bye laws and regulations shall not be repugnant to the laws and Constitution of this state, and that no penalty thereby imposed shall extend to life or limb, or corporeal punishment of any white person; AND PROVIDED ALSO, that the said Commissioners shall not impose any poll tax upon the citizens of said town which shall exceed one dollar on each poll within the term of one year. 2. And be it further enacted, That the said commissioners shall continue in office until the first Monday in January in the year one thousand eight hundred and thirteen; at which time, and on the first Monday in January in every year thereafter, all the free male white citizens of said town who have given in their taxable property, and are entitled to vote for members of the General Assembly, shall convene at the court-house in said town, and proceed to elect by ballot, five commissioners,

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who shall continue in office for the term of one year; at which election any two Justices of the Inferior court, or Justices of the Peace of said county, who are not candidates, may preside. 3. And be it further enacted, That nothing herein contained shall extend, or be construed to extend to prevent the re-election of any commissioners herein appointed, or who may be elected in pursuance of this act. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 13th December, 1811. AN ACT To alter and amend the twenty-third section of the Judiciary law of this state, passed 16th February, 1799. WHEREAS the Judiciary Law of this State does not fully embrance the mode necessary to procure testimony by interrogatories, as justice in its fullest extent requires; Sec. 1. BE it therefore enacted by the Senate and House of Representatives in General Assembly met, and by the authority of the same, That after the passing of this act, it shall and may be lawful where any witness resides out of the State or out

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of the county, or where any witness resides within the same, and being a seaman, patroon of a Boat, stage driver, mail carrier, aged or infirm person, and in all other cases where the evidence of any witness cannot be duly obtained in which his or her testimony may be required in any case, it shall be lawful for either party on giving at least ten days notice to the adverse party, or his, her or their attorney, accompanied with a copy of the interrogatories intended to be exhibited, to obtain a commission from the Clerk of the court in which the same may be required, directed to certain commissioners, to examine all every such witness or witnesses, on such interrogatories as the parties may exhibit, and such examination shall be read at the trial, on the motion of either party, and rule, order or law to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 16th December, 1811. To alter the time of the setting of the Superior courts in the county of Wayne. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority

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of the same, That from and after the passing of this act, the Superior courts in the said county of Wayne shall be holden on the Thursday next before the first Monday in March in the Spring Circuit, and on the Thursday next before the fourth Monday in October in the Fall Circuit. 2 And be it further enacted, That all writs and processes returnable to the next term of the said Superior court as now by law established, which may have been issued, or which shall be issued before the first day of January next, shall not be liable to any exception for error in the return thereof, but the same shall stand over and be acted upon, at the period herein pointed out [Illegible Text] holding the said court. 3. And be it further enacted, That all jurors, parties, witnesses and other persons who may have been or shall be summoned before the said first day of January next, to attend at the next term of the said Superior court as now by law established, shall be and they are hereby required to attend at the period herein pointed out for holding the said court, any thing in any law, or in the precepts to them directed, to the contrary notwithstanding. ROBERT IVERSON, Speaker of the House of Representatives. MATHEW TALBOT, President of the Senate. Executive Department, Georgia, DAVID B. MITCHELL, Governor. Assented to, 29th November, 1811.

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RESOLUTIONS, WHICH ORIGINATED IN SENATE. In Senate, 6th November, 1811. Resolved, That John W Devereux, Augustine Harris and Hubert Reynolds be, and they are hereby appointed Commissioners of the Academy of Baldwin county. Approved, 13th November, 1811. IN SENATE, 6th November, 1811. Resolved, That Thomas Brannen and Thomas F. Lovett be, and they are hereby appointed Justices of the Inferior court for the county of Scriven, in place of Daniel Blackburn and John Pollock, esquires, who [Illegible Text] to qualify. Approved, 13th November, 1811. IN SENATE, 6th November 1811. Resolved, That Noah Perrimore and Benjamin G. Cray be and they are [Illegible Text] appointed Justices of the Inferior court of Telfair county in the room of [Illegible Text] Lott esq. removed, and Jesse Bird, esquire, resigned. Approved, 13th November, 1811. IN SENATE, 5th November, 1811. Resolved, That the Executive appointments of Thomas Murray, Henry Jones and John Parks, esquires, Justices of the Inferior court for the county of Lincoln, in the place of Newel Walton, Robert Walton and John Lockheart, esquires, resigned be, and the same are hereby confirmed. Approved, 13th November, 1811.

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IN SENATE, 5th November, 1811. Resolved, That the Executive appointment of Hezckiah Luckey as a Justice of the Inferior court of Oglethorpe County, in place of John Davenport esquire, resigned, be, and the same is hereby confirmed. Approved, 13th November, 1811. IN SENATE, 5th November, 1811. Resolved, That William Bird and John Waldhour be, and they are hereby appointed Justices of the Inferior court for the county of Effingham, in place of John Goldwire and James King, esquires, resigned Approved, 13th November, 1811. IN SENATE, 5th November, 1811. Resolved, That the Executive appointment of John Ector as a Justice of the Interior court of Clark county be, and the same is hereby confirmed. Approved, 13th November, 1811. IN SENATE, 6th November, 1811. Resolved, That the Executive appointment of James Meriwether, esquire, as a Justice of the Inferior court of the county of Clarke be, and the same is hereby confirmed. Approved, 13th November, 1811. IN SENATE, 5th November, 1811. Resolved, That Isaac Furguson, esq. be appointed a Justice of the Inferior court for the county of Montgomery, in the room of Joshua [Illegible Text] esquire, removed. Approved, 13th November, 1811.

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IN SENATE, 5th November, 1811. Resolved, That William Stone be, and he is hereby appointed a Justice of the Inferior court for the county of Burke, in lieu of David Robinson, deceased. Approved, 13th November, 1811. IN SENATE, 5th November, 1811. Resolved, That the Executive appointment of Southworth Harlow as a Justice of the Inferior court for the county of Burke, in lieu of William Jones resigned, be, and the same is hereby confirmed. Approved, 13th November, 1811. IN SENATE, 6th November, 1811. Resolved, That James Nephew and [Illegible Text] Hopkins, esquires, be, and they are hereby appointed commissioners of the Academy for the county of [Illegible Text] in the room of Robert Watts and Henry Harford removed out of the county. Approved, 13th November, 1811. IN SENATE, 11th November, 1811. Resolved, That the Executive appointment of Abner Biddle, esquire, as a Justice of the Inferior Court of Jones county be, and the same is hereby confirmed, and that Thompson Bird be, and he is hereby appointed a Justice of the Inferior court of the county aforesaid, in place of William Horton, resigned. Approved, 18th November, 1811. IN SENATE, 7th November, [Illegible Text]. Resolved, That Lovel Warden and John Chub be, and they are hereby appointed Lumber Measurers for the Port of Savannah. Approved, 23d November, 1811.

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IN SENATE, 7th November, 1811. Resolved, That Joseph Sill be, and he is hereby appointed a Lumber Measurer for the county of Bryan. Approved, 23d November, 1811. IN SENATE, 7th November, 1811. Resolved, That Mossman Houston, Joseph S. Pelott, James White and Joseph Miller be, and they are hereby appointed Notaries Public for the county of Chatham. Approved, 23d November, 1811. IN SENATE, 8th November, 1811. Resolved, That the Executive appointment of Armstead Richardson and Wiley [Illegible Text] as Justices of the Inferior court of Putnam county, in place of Barnes Holloway and Simon Holt, esquires, resigned, be, and the same is hereby confirmed. Approved, 23d November, 1811. In Senate, 7th November, 1811. Resolved, That Lee Blacksill be, and he is hereby appointed a Justice of the Inferior court for the county of Bryan, in the room of Patrick Houston, resigned. Approved, 23d November, 1811. In Senate, 11th November, 1811. Resolved, That John Chambers be, and he is hereby appointed a Notary Public for the county of Hancock. Approved, 23d November, 1811. In Senate, 8th November, 1811. Resolved, That Thomas Green and Thomas Shields be, and they are hereby appointed Lumber

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Measurers for the City and Port of Savannah. Approved, 23d November, 1811. In Senate, 11th November, 1811. Resolved, That Thomas Davis be, and he is hereby appointed a Lumber Measurer for the Port of Savannah. Approved, 23d November, 1811. In Senate, 11th November, 1811. Resolved, That Isaac Abrahams be, and he is hereby appointed a Vendue Master for the town of Brunswick, in the county of Glynn. Approved, 23d November, 1811. In Senate, 11th November, 1811. Resolved, That Stephen W. Moore be, and he is hereby appointed Vendue Master for the town of St. Mary's, in the county of Camden. Approved, 23d November, 1811. In Senate, 19th November, 1811. Resolved, That Doctor James Whitehead be, and he is hereby appointed a commissioner of the town and Academy of Waynesborough, in the county of Burke, in place of David Robinson, deceased. Approved, 30th November, 1811. In Senate, 5th November, 1811. Resolved, That James M. Taylor and Murdock M`Leod be, and they are hereby appointed Justices of the Inferior court of the county of Pulaski, in place of William A. Harper, deceased, and Samuel Jones resigned. Approved, 30th November, 1811. In Senate, 14th November, 1811. Resolved, That the Executive appointment of Daniel

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Wilson as a Justice of the Inferior court of the county of Baldwin, in place of Benjamin Tarver, esquire, resigned, be, and the same is hereby confirmed; and that Jett Thomas, Edmund B Jenkins and Augustine Harris, esquires, be, and they are hereby appointed Justices of the Inferior court of the county of Baldwin in place of Archibald M Devereux, Abraham Miles and Hines Holt, esquires, resigned. Approved, 30th November, 1811, In S enate, 14th November, 1811. Resolved, That Francis Jeter, esq. be, and he is hereby appointed a Notary Public for the county of Baldwin and town of Milledgeville. Approved, 30th November 1811. In S enate, 12th November, 1811. Resolved, That William Strother be, and he is hereby appointed Notary Public for the county of Oglethorpe and town of Lexington. Approved, 30th November, 1811. In S enate, 18th November, 1811. Resolved, That Robert A. Beall be, and he is hereby appointed a commissioner of the Warren county Academy, in the room of Timothy Mathews, esquire, resigned. Approved 30th November, 1811. In S enate, 19th November, 1811. Whereas the Legislature of this state did by resolution on the 19th and 25th days of November, one thousand seven hundred and ninety four, release and exonorate Jacob Waldburger, esq. now deceased, from the purchase of two plantations, called Dublin and Cherryhill, situate and being in the county of Bryan, originally confiscated

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as the property of John B. Maxwell, in consequence of the wife and children of the said John B. Maxwell having obtained the possession of the said plantations after the sale to the said Jacob Walburger, and before he could gain possession under the title he had received from the state And whereas, the then Attorney General of the state was by the said Legislature ordered and directed to bring suit against the person or persons who had the possession of the said plantations, and held the same in opposition to the claims of the state And whereas, it does not appear that any action was ever brought or prosecuted for the recovery of the said plantations in behalf of the state, not with standing although the widow of the said John B. Maxwell has continued in the possession of the same in opposition to the claim of the state, and the order before referred to, by which means the state has been for many years deprived of the use of the said plantations or of the money for which they would have sold; Be it therefore resolved by the Senate and House of Representatives, That the Solicitor General for the Eastern District do as soon as possible, bring suit for, and in behalf of this state, against any and all persons having or claiming the possession or any other right or interest of, or in the said plantations called Dublin and Cherryhill, in the county of Bryan, originally confiscated as the property of John Butler Maxwell as aforesaid, and that he use all lawful means for the recovery of the same. Approved, 30th November, 1811. IN SENATE, 15th November, 1811. Whereas the opening of a road from or near

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the mouth of the Alcofauhachee on the Ocmulgee river to where the same would intersect the road leading from Milledgeville to Fort Stoddart, at or near M`Intosh's Ferry on the Chatahuchee river, would be of manifest advantage to the citizens of the upper and Western parts of this state. And whereas, the opening of a road leading from Jefferson in Jackson county, to Huntsville in Madison county, Mississippi Territory, would also be of manifest advantage to the citizens not only of this state, but also to the inhabitants of the said Territory. Be it therefore resolved, That His Excellency the Governor be, and he is hereby requested to make application to the President of the United States on the subject of said road, and procure if possible the laying out and opening of the same. Approved, 30th December, 1811. IN SENATE, 22d November, 1811. Resolved, That Joel Crawford, esq. be, and he is hereby appointed a Commissioner of the Baldwin county Academy, in place of John W. Devereux, esq. who refuses to serve. Approved, 13th December, 1811. In Senate, 18th November, 1811. Whereas disputes have frequently arisen between the frontier inhabitants of Jackson and Franklin counties and the Cherokee nation of Indians, which might in a great measure be prevented by having the Chatahuchee river made the line between this state and the said Cherokee nation of Indians, and there being good reason to believe that the said Indians on proper application being made, would dispose of said lands. Be it therefore resolved, That His Excellency the

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Governor be he is hereby authorised requested to appoint not exceeding three persons as commissioners on the part of this state to make application to the Cherokee Nation of Indians through the Agency of the United States, for the purpose of obtaining the consent of said Indians to a disposition of the land lying within the following boundary, viz; beginning where the line between this state and the Creek nation of Indians leaves the Appalachee river; thence on the said line to where the same crosses the Chatahuchee river; thence up the aforesaid Chatahuchee, to where Choatee river intersects the same, from thence in a straight direction so as to strike the Tugalo river, where the trading road from the Ocuncy mountain near the mouth of Warwoman's creek crosses the same, or so much thereof as the said nation of Indians may be disposed to part with. Approved, 30th November, 1811. In Senate, 29th November, 1811. Resolved, That Clement Lanier, esq. be and he is hereby appointed a commissioner of the Pulaski county Academy, in place of William A. Harper, deceased. Approved, 13th December, 1811. IN SENATE, 4th December, 1811. Resolved, That Josiah Jones, esq. be, and he is hereby appointed a commissioner of the town of Statesborough, in the county of Bullock, in place of Francis Kennedy, deceased. Approved, 13th December, 1811. IN SENATE, 28th November, 1811. Resolved, That John Lewis be, and he is hereby

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by appointed a Notary Public for the county of Warren. Approved, 13th December, 1811. IN SENATE, 20th November, 1811. Resolved, That Fingal Thomas Flyming be, and he is hereby appointed a Notary Public for the county of Chatham. Approved, 13th December, 1811. IN SENATE, 23d November, 1811. Resolved, That James Banks, esquire be, and he is hereby appointed a Justice of the Inferior court for the county of Elbert, in place of William Barnett, resigned. Approved, 13th December, 1811. In S enate, 26th November, 1811. Resolved, That John Faulk be, and he is hereby appointed a Justice of the Inferior court for the county of Twiggs, in place of Arthur Fort, esq. resigned. Approved, 13th December, 1811. In Senate, 22d November, 1811. Resolved, That Archer Avery, esquire be, and he is hereby appointed a Justice of the Inferior court for Columbia county, in place of Thaddeus Bell, resigned. Approved, 13th December, 1811. In Senate, 5th December, 1811. Resolved, That John Turner be, and he is hereby appointed a Justice of the Inferior court of Hancock county, in place of Richard A. Blount esquire, resigned. Approved, 13th December, 1811.

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In Senate, 4th December, 1811. Resolved, That whereas it is found in some instances that persons have had State Troop Bounty Warrants renewed and paid into the Treasury Office of this state without the knowledge or consent of the proprietors of the said Warrants, and it is presumed that in some instances they have obtained warrants by stating the loss of their original warrant, and on examination may be found to have been twice discharged by the state; and whereas, it is difficult to discover the fraud practised against individuals, as well as the state, by reason of the bundles containing those warrants being sealed up, and the Treasurer not being authorised to open them, for the inspection of the citizens; Be it therefore resolved, That the Treasurer be, and he is hereby authorised to break open all and every bundle or packet in his office, which contains State Troop Bounty Warrants for the inspection of any of the citizens of this State. Approved, 13th December, 1811. In S enate, 22d November, 1811. The Committee on the State of the Republic to whom was referred the Communication of His Excellency the Governor, on the subject of a letter received by him from Mr. John H. Bass, of Hancock county, REPORT, That they have taken the same under consideration, and are of opinion, that as the lot of land alluded to in the said letter, was purchased of the state, and as the controversy at law appears to be between Thomas Culbreath, a fraudulent drawer in the Land Lottery, and the said Bass; your committee are of opinion, that it is just and

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right that the state should defend the same; they therefore recommend the following resolution; Resolved, That His Exccllency the [Illegible Text] be, and he is hereby requested to employ some [Illegible Text] and proper person as an attorney, in behalf of this state, to defend the said suit. Approved, 13th December, 1811, In Senate, 29th November, 1811. Whereas by the first rule forming the fundamental articles of the Constitution of the Augusta Bank, fifty thousand dollars were reserved until the first day of January, one thousand eight hundred and twelve, on the original terms to be then or at any prior time taken by the state, according to the pleasure of the Legislature. Resolved therefore, That His Excellency the Governor be, and he is hereby authorised ahd required to cause the said five hundred shares to be subscribed for within the time limited, for the state of Georgia. And be it further resolved, That an appropriation be made in the appropriation act to be passed this session, for fifty thousand dollars, for the purpose aforesaid, to be by him applied in said subscription according to the Constitution and bye-laws of said Bank. Approved, 13th December, 1811. In Senate, 22d November, 1811. Whereas His Excellency the Governor of this state has laid before this General Assembly, a resolution passed by the Congress of the United States, in the words following, to wit: Resolved, by the Senate and House of Representatives in Congress assembled, two thirds of

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both houses concurring, that the following section be submitted to the Legislatures of the several states, which, when ratified by the Legislatures of three fourths of the states, shall be valid and binding as a part of the Constitution of the United States. If any citizen of the United States shall accept, claim, receive or retain any title of Nobility or honor, or shall without the consent of Congress accept and retain any present, pension, office or emolument of any kind whatever, from any Emperor, King, Prince or Foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them or either of them. Be it unanimously resolved by the General Assembly of the State of Georgia, That the foregoing amendment proposed by Congress to the [Illegible Text] of the United States be, and the same is hereby, on the part of this state agreed to, ratified and confirmed. And be it further resolved, That His Excellency the Governor be requested to transmit copies of the foregoing resolution to the President of the Senate, and Speaker of the House of Representatives of the United States, and to each of our Senators and Representatives in Congress, and to each of the Governors of the several states. Approved, 13th December, 1811. In Senate, 19th November, 1811. Whereas the opening of a road from the town of Hartford in the county of Pulaski, crossing Flint river, atornear Timothy Barnard's, from thence the most practicable direct course, so as to intersect the main road lately laid out through the Creek

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Nation of Indians from Milledgeville to Fort Stoddart, at or near where the same crosses the Chatahuchee, would be of manifest convenience to the citizens living in the eastern parts of this State. Be it therefore resolved, That His Excellency the Governor be requested to address the President of the United States on the subject of the aforementioned road, and obtain if possible the laying out and opening the same. Approved, 30th December, 1811. In S enate, 14th December, 1811. Resolved, That Ambrose Wright, David Clark and Joseph White be, and they are hereby appointed Commissioners of the town of Louisville, in lieu of John Powell resigned, John Shelman, removed, and Chesley Bostwick, deceased. Approved, 16th December, 1811. In S enate, 10th December, 1811. The Committee on the State of the Republic to whom was referred the Governor's Communication enclosing the President's Message; REPORT, That the important information communicated to Congress by the President's Message in relation to our Foreign Affairs, loudly admonishes the people of this state to suffer no circumstance to surprise their vigilance, or to find them unengaged in suitable preparation for any eventCongress is required to feel the duty of putting the United States into an armor and an attitude, demanded by the crisis, a precaution applying so forcibly to our own condition and interests, that it cannot fail to excite a correspondent feeling of the necessity of a seasonable readiness. On the

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[Illegible Text] of hostilities with nations long unmindful of the obligations of national law, it would be needless to enumerate their repeated wrongs or our unsuccessful appeals to their justice for redressshould the destinies which await the nation compel a vigorous resistance to the encroachments so long continued upon the envied prosperity of our country, we will approach the contest animated by the fervent conviction that we shall be supported by every principle of a just and honorable cause. The conduct and character of our Federal administration afford us the most assured and illumined proofs of virtuous measures, and manly intentions; reflections that must embolden every patriot and soldier in his progress through the trying perils of warfare, should he be reduced to that alternative. It is not now for us to repose on a boasted display of our designs, nor to rely on a pompous expression of our feelings; but should our services be required, it becomes us in the strength of calm and united exertions, invigorated by the constant sentiment of inflexible rectitude, to meet the deprecated struggle with stern and unwavering contempt of individual danger; convinced that truth, reason and justice will be arrayed against guilt, rapacity and violence. The General Government, doubtless feels on this eventful occasion, an anxious solicitude for a knowledge of the temper and sensibility of the nation; we will therefore with undissembled cheerfulness, hasten to declare our cordial approbation of its administration, and our confidence in its future determinations.

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And as an honest pledge of the sincerity of this declaration, we do UNANIMOUSLY RESOLVE, That should the National Legislature in its wisdom determine our interests, our rights, or our honor to have been outraged beyond the tardy remedy of negociation, and that an appeal to arms must be substituted, we will, under the favor of Heaven, with one consent, and with proud alacity, fly to aid, maintain and support the Government of our choice, and to defend, protect and preserve our beloved country. Approved, 16th December, 1811. IN SENATE, 13th December, 1811. Resolved, That Alexander Greene be, and he is hereby appointed a Vendue Master for the town of Milledgeville. Approved, 16th December, 1811. IN SENATE, 22d December 1811. The joint committee appointed to contract for the printing of five hundred copies of the law entitled an act, to alter and amend the several judiciary acts now in force in this state, so far as relates to Justices' courts, Report, that they have performed that duty by stipulating a contract with the Editor of the Georgia Journal, at the price of twenty-five dollars, and recommend, that the sum of twenty five dollars be, and the same is hereby directed to be paid out of the contingent fund. Approved, 16th December, 1811. IN SENATE, 10th December, 1811. The committee to whom was referred the petition of Jesse Burson, praying the sanction of this Legislature, so far as to authorise the state Commissioners

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to lease to him three acres of the town Commons, for the purpose of establishing a slaughter-pen, Report, they have examined the same, and believe no inconveniency would attend the leasing of three acres as prayed for, provided, the same shall not be applied to any other use than that of a slaughter pen; therefore recommend the following resolution; Resolved, That the State Commissioners do lease to Jesse Burson, three acres of the Town Commons for the establishment of a slaughter pen, for the term of three years provided, he does not apply the same to any other use. Approved, 16th December, 1811. IN SENATE, 30th November, 1811. The committee on the State of the Republic, to whom was referred the petition of Noris Lyons, Report, That Whereas Noris Lyons, Captain of a troop of Light ragoons, of the county of Oglethorpe, has petitioned in behalf of his Company, for a supply of arms; and whereas the deep importance of Volunteer associations for the defence of a republic, as they must ever be bottomed upon principles of patriotism, has been recognized and felt by the state of Georgia; and whereas the present crisis calls with more than ordinary inducements for the encouragement of such associations; and whereas the Company petitioning through their captain for this supply, are already nearly complete, and certain arms are in the possession of the state, useless at present, and which cannot be better appropriated, than by investing them in the said association. Be it therefore resolved by the Senate and House

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of Representatives in General Assembly met, [Illegible Text] the Governor be, and he is hereby authorised to deliver all the swords now in possession of the keeper of the Arsenal in Louisville, provided, the number thus appropriated be not above forty, to the order of Noris Lyons, or the then captain of said Troop; provided, the officer gives sufficient security for their safe keeping and restoration at the call of the Executive. Approved, 16th December, 1811. IN SENATE, 9th December, 1811. Resolved, That Robert Flournoy, be appointed a Justice of the Inferior court of Montgomery county, to fill the vacancy of Jesse Lassiter, esquire, removed. Approved, 16th December, 1811. IN SENATE, 9th December, 1811. Resolved, That James Walea be appointed a Commissioner of the Academy for the county of Montgomery, to fill the vacancy of David M`Cormick, removed. Approved, 13th December, 1811. IN SENATE, 9th December, 1811. Resolved, That Charles Homer be, and he is hereby appointed Vendue Master for the town of St. Mary's. Approved, 16th December, 1811. IN SENATE, 9th December, 1811. Resolved, That Hugh Montgomery of Jackson county, Edmund Hogan, of Pulaski county, and Thomas Watts, of Telfair county be, and they

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are hereby appointed commissioners of the Academies of their several counties. Approved, 16th December, 1811. In Senate, 11th December, 1811. Resolved, That Benjamin Porter, Nicholas Long, William G. Gilbert and Benjamin Sherod, esquires be, and they are hereby appointed Justices of the Inferior court for the county of Wilkes, in place of George Johnson, Holman Freeman, Aaron Lipham and James Montfort, esquires, resigned. Approved 16th December, 1811. In Senate, 7th December, 1811. Resolved, That Thomas Mitchell be, and he is hereby appointed a commissioner of the Clark county Academy. Approved 16th December, 1811. In Senate, 5th December, 1811. Resolved, That the line run by [Illegible Text] Sturges, esq. late Surveyor General, between the counties of Baldwin and Wilkinson, shall be held and deemed the dividing line between the said counties of Baldwin and Wilkinson Approved 16th December, 1811. In Senate, 26th November, 1811. Resolved, That the Executive appointment of Abraham Twiggs as a Justice of the Inferior court for the county of Richmond, in the room of John Catlett, esquire, deceased, be, and the same is hereby confirmed. Approved, 16th December, 1811. In Senate, 11th December, 1811. Resolved, That the commissioners of the town of Milledgeville do cause to be laid off to Jane

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Rucker, widow, three acres of land out of the town common, adjoining the lot now occupied by William Jarratt, and lease the same to her for a valuable consideration, for the term of ten years. Approved 16th December, 1811. In Senate, 10th December, 1811. Resolved, That Thomas Dover be, and he is hereby appointed a Justice of the Inferior court for the county of Glynn, in the place of John Cowper, resigned. Approved 16th December, 1811. In Senate, 6th December, 1811. Resolved, That it shall be the duty of the Justices of the Inferior courts of Laurens and Pulaski counties or a majority of them, to convene at the house of Asa Pipkins on the dividing line between said counties, on the first day of February next, or within twenty days thereafter, and pay over to John Thomas, a reasonable compensation for his services in surveying and laying out the county of Pulaski, and running the dividing line between the aforesaid counties of Laurens and Pulaski, in conformity to an act, passed thirteenth December, one thousand eight hundred and nine. Approved 16th December, 1811. IN SENATE, 5th December, 1811. The joint committee on Finance to whom was referred the petition of Nathaniel Twining, having taken the same into consideration, recommend the following resolution; Resolved, That the prayer of the petitioner is reasonable and ought to be granted and that twenty-five dollars be appropriated accordingly. Approved, 16th December, 1811.

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IN SENATE, 10th December, 1811. The special committee to whom was referred the memorial of Edmund B. Jenkins, Surveyor General, praying compensation for services rendered in his office, Report. That your committee are sorry to observe, that much evil and considerable expense has grown out of the changes heretofore made in some of the state officers; for we find that when Mr Sturges late Surveyor General was succeeded in his office, he brought a charge against the state for fifteen hundred dollars, for anticipated services performed in that office, which sum he has actually received; and the claim of Mr. Jenkins being founded on his having to perform services, which ought to have been done by Mr. Sturges, that this evil appears to have proceeded out of the premature appropriation made in favor of Mr. Sturges in the first instance. Your committee considering the justice of Mr. Jenkin's claim, relative to the five thousand certificates recorded by him, recommend that he be allowed ten cents for each certificate, amounting to the sum of five hundred dollars, and that the same be provided for in the appropriation law. Approved, 16th December, 1811. IN SENATE, 9th December, 1811. The joint committee to whom as referred the memorial of Adams Duyckinck have taken the same into consideration, and deeming it important, that the laws concurred resolutions of one thousand eight hundred and ten should be added to the compilation of the laws and resolutions now in the press, and considering that the circumstances stated in the memorial are sufficient to authorise an extension of time for printing and publishing the

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laws and resolutions, recommend the following resolution; Resolved, That the time for printing and publishing the laws and resolutions as contracted for by the memorialists be extended to the 1st day of June next, on condition that the laws and concurred resolutions of one thousand eight hundred and ten be added and printed by the contractors on the same terms as they have contracted to print the Compilationand for this extra work, His Excellency the Governor shall be authorised and required to pay the same out of the contingent fund. Approved, 16th December, 1811. IN SENATE, 6th December, 1811. The joint committee to whom was referred the Governor's Communication, dated 29th November, one thousand eight hundred and eleven, REPORT, That from a review of the Constitution, they coincide in opinion with His Excellency, that having no controul over Constitutional questions, it was not within the contemplation of the Constitution that his signature should be made to any article of amendments to the Constitution, upon which two thirds of both Houses had already agreed; nor is it necessary in the opinion of your committee for him to assign any law to which he had dissented, and which afterwards passed by a majority of two thirds of both houses. The tenth section of the second article of the Constitution is in the words following, viz: He (the Governor) shall have the revision of all bills passed in both houses before the same shall become laws, but two thirds of both houses may pass a law, notwithstanding his dissent; and if any bill should not be returned by the Governor within

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five days after it hath been presented to him, the same shall be a law, unless the General Assembly by their adjournment shall prevent its return. And the fifteenth section of the fourth article is in the words following, viz: No part of this Constitution shall be altered unless a bill for that purpose, specifying the alterations intended to be made, shall have been read three times in the House of Representatives, and three times in the Senate, on three several days in each house, and agreed to by two thirds of each House respectively; and when any such bill shall be passed in manner aforesaid, the same shall be published at least six months previous to the next ensuing annual election for members of the General Assembly; and if such alterations, or any of them so proposed, shall be agreed to in their first session thereafter by two thirds of each branch of the General Assembly, after the same shall have been read three times on three separate days in each respective House, then, and not otherwise, the same shall become a part of this Constitution. From a view of these sections, your committee believe that the Governor's signature is not intended in the passage of any bill upon which both Houses had exercised their Constitutional right of two thirds. But as inconvenience may result, and in fact the objects of the Constitution be defeated by amendments to the same, differing from each other, in two different sessions. They recommend that the following rule be adopted by both Houses, viz: That when an alteration or amendment to the Constitution has passed during one session of the Legislature, the same bill with the seal of state

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thereunto affixed, shall be introduced for its final passage at the next, and that no other bill be received in lieu thereof. Approved, 16th December, 1811. In Senate, 5th December, 1811. The committee on the State of the Republic to whom was referred the letter from certain Commissioners appointed by the State of New-York, for the purpose of providing for the improvement of the internal navigation of said state, REPORT, That they have had the same under consideration, and duly weighed its objects, policy, and consequences. They are assured that the contemplated opening of a Canal Navigation between the Great Lakes and Hudson river, is an object involving much labor and expence, and such an undertaking as would justify a sister state, even so remote from our own, in requesting pecuniary aid, on the ground of its difficulty. They are also impressed with the policy and importance to the Federal Union of multiplying the ligaments which hold the states together, while they would studiously avoid every thing which in the least might tend to a consolidation. The state which commences the important policy of connecting extremes, therefore, in the estimation of your committee, deserves the express approbation of every state in the union. For the consequences of such an undertaking, are indirectly interesting to the whole confederation; for from hence may spring infinite ramifications of Canals into other states, and thence open the stores of the circumjacent territories of the Great Lakes, to every state. The facilitation of

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interior commercial communication is certainly at this crisis of primary importance, since the piracy and contempt of national law evinced by the belligerents of the Old World must convince every reflecting mind, that domestic manufactures should be sanctioned by every possible means, and the easy internal transitions of them from place to place will aid the great objects of independence. But contemplating, as your committe are constrained to do, the resources of our state, and the probable application of its funds in the improvement of our own internal navigation, and for the obtention of other objects of importance to our particular state; they are under the necessity of recommending that no appropriation for effecting a connexion between the Great Lakes and Hudson river be made on the part of the State of Georgia. Expressing as they have done, the approbation of the policy of connecting extremes by Canal Navigation, it might seem incumbent upon your committee, to recommend the exercise of the influence of the State of Georgia in the Councils of the Union to which she is entitled: But believing as they do, that from the peculiar nature of this question, that our Representatives are possessed of the most correct means of information on this particular subject, being at the centre of the Union, and deriving information of members from adjacent states, they would recommend that the Legislature avoid any step which may tend to bias their minds Be it therefore resolved by the Senate and House of Representatives, That the Governor be, and he is hereby requested to answer the letter herein referred to, to the effect herein above expressed. Approved, 16th December, 1811.

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In Senate, 14th December, 1811. Whereas there is no law or resolution compeling the Secretary of State, Treasurer, Surveyor General or Comptroller General, to make out a list or schedule of all the Books of Record in either of the said offices; nor is there any check on the records of said offices, so that should any book or books be lost or mislaid, therefore, BE it resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met and by the authority aforesaid, that it shall be the duty of the aforesaid Secretary of State, Treasurer, Surveyor General and Comptroller General, to make out and lay before the next General Assembly true and correct lists of all the books of Records in each of their respective offices, designating in said schedule the different books, and what each contains, and the dates of such books. Approved, 16th December, 1811. In Senate, 14th December, 1811. On Communication of His Excellency the Governor, enclosing an estimate of the State-house, agreeably to a joint resolution of both branches of the Legislature being taken into consideration, it is hereby Resolved by the Senate and House of Representatives. That the valuation reported by Messrs. Crawford, Morgan, Robertson, Allen and Jordan be, and it is hereby acceded to by this Legislature, so far as respects the bill submitted, amounting to seventy-four thousand nine hundred and seventy-six dollars, forty and one quarter cents. And be it further resolved, That His Excellency

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the Governor take suitable means to recover back from Messrs. Thomas and Scott the amount overpaid to them for said work. Approved, 16th December, 1811. RESOLUTIONS, Which Originated in the House of Representatives. In the House of Representatives, Thursday, November 7th, 1811. Resolved, That Timothy Hopkins be, and he is hereby appointed Vendue Master for the town of Jefferson, in Camden county. Approved, 23d November, 1811. In the House of Representatives, Thursday, November 7th, 1811. Resolved, That Thomas Barrett and James Frazer be, and they are hereby appointed Vendue Masters for the City of Augusta. Approved, 23d November, 1811. In the House of Representatives, Thursday, November 7th, 1811. Resolved, That Henry Gignilliat, John Hutson and James Pelot be, and are hereby appointed Lumber Measurers in the county of [Illegible Text]. Approved, 23d November, 1811. In the House of Representatives, Thursday, 7th November, 1811. Resolved, That William Stafford be, and he is hereby appointed a Commissioner of the Court-house for the county of Wayne, in lieu of Mathew Jones removed, and John Roberts, in place

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of John Kemp, resigned. Approved, 23d November, 1811. In the House of Representatives, Thursday, November 7th, 1811. Resolved, That Harris Allen be, and he is hereby appointed Vendue Master for the town of Milledgeville. Approved, 23d November, 1811. In the House of Representatives, Thursday, November 7th, 1811. Resolved, That Joseph O'Neal be, and he is hereby appointed a Notary Public for the town of Darien, and county of M'Intosh. Approved, 23d November, 1811. In the House of Representatives, Thursday, November 7th, 1811. Resolved, That the Executive appointment of William N. Harman, esquire, as Justice of the Inferior court for the county of Jefferson, in the place of Walter Robinson, esquire, resigned, be confirmed. Approved, 23d November, 1811. In the House of Representatives, Thursday, November 7th, 1811. Resolved, That William Ashley be, and he is hereby appointed a Justice of the Inferior court of Camden county, in place of John L. K. Holzendorf, who refuses to qualify. Approved, 23d November, 1811. In the House of Representatives, Thursday, November 7th, 1811. Resolved, That the Executive appointment of

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William Johnston, esq. as Justice of the Inferior court of Morgan county, to fill the vacancy of Stephen Noble, esq. removed, be confirmed. Approved, 23d November, 1811. In the House of Representatives, Thursday, November 7th, 1811. Resolved, That the Executive appointment of Hosea Camp, a Justice of the Inferior court for the county of Jackson, in room of Peter Boyle, esq. resigned; and the Executive appointment of Charles Venable, a Justice of the Inferior court of the county of Jackson, in room of Hugh Montgomery, esq. resigned; and the Executive appointment of Miles Gathright, a Justice of the Inferior court of Jackson county, in room of James Pitman, esq. resigned be, and the same are hereby severally confirmed; and that Joseph Davis be, and he is hereby appointed a Justice of the Inferior court of the county of Jackson, in room of James Hendrix, esq. resigned. Approved, 23d November, 1811. In the House of Representatives, Friday, 9th November, 1811. Resolved, That John Atkinson be, and he is hereby appointed Notary Public for the county of Camden. Approved, 23d November, 1811. In the House of Representatives, Tuesday, 13th November, 1811. Resolved, That Thomas N. Best be, and he is hereby appointed a Notary Public for the county of Camden. Approved, 23d November, 1811.

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In the House of Representatives, Monday, 12th November, 1811. Resolved, That Adam Jones be, and he is here by appointed a Justice of the Inferior court for Laurens county, in place of John Thomas, [Illegible Text] resigned. Approved, 23d November, 1811. In the House of Representatives, Monday, 12th November, 1811. Resolved, That the Executive appointment of John M`Farland, as a Justice of the Inferior court for the county of Tatnall, in place of Daniel Brinson, esq. who refuses to qualify, be confirmed. Approved, 23d November, 1811. In the House of Representatives, Friday, 9th November, 1811. Resolved, That the Executive appointment of [Illegible Text] Butt and Hamilton Goss as Justices of the Inferior court of Warren county be confirmed. Approved, 23d November, 1811. In the House of Representatives, Wednesday, 14th November, 1811. Resolved, That William Cumming, Willoughby Barton and John Carter be, and they are hereby appointed Trustees of the Richmond Academy, in the room of John Murray, Thomas Flournoy and William J. Hobby, resigned. Approved, 23d November, 1811. In the House of Representatives, Wednesday, 14th November, 1811. Resolved, That Alexander Hunter shall be,

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and he is hereby appointed a Notary public for the City of Savannah Approved, 23d November, 1811. In the House of Representatives, Tuesday, 13th November, 1811. Resolved, That John Pettibone, esquire, be appointed a Notary Public for the county of Chatham. Approved, 23d November, 1811. In the House of Representatives, Tuesday, 27th November, 1811. The committee on the State of the Republic, to whom was referred the memorial of Messrs. Thomas and Scott, relative to the completion and building of the State-House, REPORT, That as a speedy settlement between the Commissioners of the State-house and the Undertakers is desirable, and ought without delay to be effected, we therefore recommend the following resolution; Resolved, That the Commissioners without delay appoint two fit and proper persons, and the Contractors also two fit and proper persons, who together with the two appointed by the Commissioners, shall appoint a fifth person, and the five persons so selected, shall after having first taken an oath to value said building according to the best of their judgments, proceed as soon as convenient to the valuation of said building, and report the result thereof to His Excellency the Governor. And be it further resolved, That the persons to be appointed for valuing the State-house, be directed to do it in such a manner as to give the Legislature

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a full view of the cost of the different items of mechanism, viz: the amount of laying of brick and stone work, covering in of said house, casing and facing of the doors and windows, shutters and sashes of the same, plaistering and stucco work of the different rooms, flooring and running the different stairs, the amount of the gallaries, the amount of the different wainscoting and pannel work, and also the amount of bannistering and glass; and also the amount of every and any other item not herein particularly specified. Approved, 28th November, 1811. In the House of Representatives, Saturday, 30th November, 1811. Resolved, That Drury Mims be, and he is hereby appointed a Commissioner for the county of Baldwin, in addition to those heretofore appointed by an act, entitled an act, to authorise certain commissioners to lay out a road from Milledgeville to the town of Hartford, in the county of Pulaski, to intersect the road now open from Hartford to the Twiggs county line. Approved, 13th December, 1811. In the House of Representatives, Saturday, 30th November, 1811. Resolved, That Graves Harris, esq. be, and he is hereby appointed a Justice of the Inferior court of Morgan county, in place of William Johnston, esquire, who refuses to qualify. Approved, 13th December, 1811. In the House of Representatives, Monday, 18th November, 1811. Resolved, That the Executive appointment of Jonas Fauch as a Justice of the Inferior court for the county of Greene, in the room of William

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Greer, esquire, resigned, be, and the same is hereby confirmed. Approved, 13th December, 1811. In the House of Representatives, Friday, 29th November, 1811. Resolved, That John Hunter be, and he is hereby appointed Harbor Master for the Port of Darien. Approved, 13th December, 1811. In the House of Representatives, Saturday, 23d November, 1811. Resolved, That Daniel Daley and [Illegible Text] Daley be, and they are hereby appointed Lumber Measurers for the [Illegible Text] of Savannah Approved, 13th December, 1811. In the House of Representatives, Thursday, 28th November, 1811. Resolved, That Henry Beauford be, and he is hereby appointed a Lumber Measurer for the Port of Savannah. Approved, 13th December, 1811. In the House of Representatives, Friday, 15th November, 1811. Resolved, That Thomas H. Kenan be, and he is hereby appointed a Notary Public for the county of Baldwin. Approved, 13th December, 1811. In the House of Representatives, Monday 18th November, 1811. Resolved, That Aaron Lowe, esquire, be, and he is hereby appointed a Justice of the Inferior court of Jefferson county, in the place of Thomas Fulton, esq. resigned. Approved, 13th December, 1811.

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In the House of Representatives, Friday, 29th November, 1811. Whereas the laying out and opening a road from the town of Hartford in Pulaski county, to Colerain, in the county of Camden, leading through lands belonging to the Creek Nation of Indians, would tend much to the benefit and advantage of the citizens of this state, as well as to the United States, in facilitating the removal of stores or troops from the Western to the Southern frontier of this [Illegible Text]. Be it therefore resolved, That His Excellency the Governor be, and he is hereby requested to make application to the President of the United States for the purpose of obtaining so desirable an object. Approved, 13th December, 1811. In the House of Representatives, Saturday 23d November, 1811. Resolved, That whereas, under the act of the Legislature of the State of Georgia, authorising the Commissioners of the [Illegible Text] of the several counties in this state to [Illegible Text] one thousand pounds worth of confiscated property for the use of the Academies of their respective counties, the Commissioners of the Academy of the county of M'Intosh did purchase at the confiscated sales, lands to the amount of the sum they were entitled to under the said act; in [Illegible Text] purchase was included a tract of land [Illegible Text] as the property of Wright, which tract after a tedious and expensive law suit, has been legally decided to be the property of a citizen of this state, and the said county of M'Intosh has been deprived of the advantages intended to be given by the said act, except

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the sum of fifty four pounds nine shillings, which the commissioners aforesaid did secure by the purchase of one other tract. Resolved therefore, That the Commissioners of the Academy of the county of M'Intosh be, and they are hereby authorised to purchase to the amount of nine hundred and forty-five pounds, eleven shillings worth of any confiscated property that may hereafter be sold, for the use of the Academy of the county of M'Intosh. Approved, 8th December, 1811. In the House of Representatives, Friday, 29th November, 1811. The committee to whom was referred a resolution of this House in the words following, Resolved, That a committee be appointed to enquire into the propriety of the corporation of Milledgeville licensing Pharo Banks, E. O. Tables, c. REPORT, That with concern they have for several years witnessed the prevalent and increasing habit of gambling, which seems to pervade a certain order of the community in this state, and particularly in the town of Milledgeville; that they deem it the especial duty of the Legislature to suffer nothing to exist under its eye, which can tend either to excite or confirm habits injurious to society at large; that the town of Milledgeville, being the permanent capital of the state, and the place of residence and convening of the governing and constitutional authorities, should, in every case, set such an example as should deter lesser corporations or communities from vice in every shape; therefore, Resolved, That it is strongly recommended and

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required of the corporation of the town of Milledgeville, and county officers of Baldwin county, and all other corporations and county officers, to use the most energetic measures consonant with law, to arrest all Pharo Banks, E. O. Tables, or gambling of every description, and to put the vagrant act into full force; or any law which has a bearing on gaming or gamblers. Approved, 14th December, 1811. In the House of Representatives, Saturday, 7th December, 1811. Resolved, That whereas many persons have heretofore become securities to the purchasers of the town lots in Milledgeville, and whereas those purchasers have delayed payment at the risk of their securities And whereas, if the Legislature should be inclined to give further indulgence to those purchasers, it would seem unjust that such indulgence should be extended at the risk of the securities; for remedy whereof Be it resolved, That on application to the Treasurer, by any such security or securities, his or their executor, administrator, agent or attorney, it shall be the duty of the Treasurer, forthwith to place in the hands of the Attorney or Solicitor General, the obligation or obligations whereby the said applicant and his principal are bound for the payment of monies to the state, and it shall be the duty of the said Attorney or Solicitor General to pursue such measures as may enforce a speedy collection of the same. Approved, 14th December, 1811. In the House of Representatives, Friday, 6th December, 1811. The joint committee on Finance to whom was

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referred the resolution from the House of Representatives, requesting the committee to enquire and ascertain what fund can be appropriated for the rearing a Penitentiary Edifice, beg leave to recommend the following resolution; Resolved, That the sum of ten thousand dollars be, and the same is hereby appropriated for the rearing of a Penitentiary Edifice, to be drawn for during the year one thousand eight hundred and twelve. Approved, 14th December, 1811. In the House of Representatives, Thursday, 5th December, 1811. Resolved, That His Excellency the Governor be, and he is hereby requested to obtain from the proper department of the General Government, information respecting monies now in its possession due to the State of Georgia, and how much they are willing to pay; and to make a report to the next General Assembly. Approved, 14th December, 1811. In the House of Representatives, Thursday, 5th December, 1811. Resolved, That Henry Gragg be, and he is hereby appointed a Commissioner of the Academy of Twiggs county, in the room of James Johnson, resigned. Approved, 14th December, 1811. In the House of Representatives, Saturday, 7th December, 1811. Resolved, That Adam G. Saffold, esquire be, and he is hereby appointed a Commissioner of the

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[Illegible Text] county Academy, in place of John E. Dawson, deceased. Approved, 14th December, 1811. In the House of Representatives, Saturday, 7th December, 1811. Resolved, That George B M'Intosh be, and he is [Illegible Text] appointed a Notary Public for the county of Chatham. Approved, 14th December, 1811. In the House of Representatives, Tuesday, 10th December, 1811. Resolved, That William Cone, jr. be, and he is hereby appointed Lumber Measurer for the river St. Mary's, and Edward Shearman, jr. a Lumber Measurer for Crooked river, in Camden county. Approved, 14th December, 1811. In the House of Representatives, Saturday, 23d December, 1811. Resolved, That Stephens Thomas be, and he is hereby appointed a Justice of the Inferior court for the county of Clarke, in the room of John Floyd, esq. resigned. Approved, 14th December, 1811. In the House of Representatives, Monday, 9th December, 1811. Resolved, That William Fergus, Isaac Strickland, James Sanders, Edward Ware, sen. and Charles Sorrels be, and they are hereby appointed Justices of the Inferior court for the county of Madison. Approved, 14th December, 1811.

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In the House of Representatives, Friday, 29th November, 1811. Resolved, That James Smith be, and he is hereby appointed a Justice of the Inferior court for the county of Tamall, in place of Clement Bryan, esq. resigned, and M Keen Green a Justice of the Inferior court of the county of Tamall, in the place of Ezekiel Stafford, resigned. Approved, 13th December, 1811. In the House of Representatives, Saturday 7th December, 1811. Resolved, That John Willson be, and he is hereby appointed a Justice of the Inferior court of Elbert county, in the room of Walter Nunnellie, resigned. Approved, 14th December, 1811. In the House of Representatives, Thursday, 5th December, 1811. Resolved, That John Hardin be and he is hereby appointed a Justice of the Inferior court of the county of Twiggs, in the place of Francis Powell, resigned. Approved, 14th December, 1811. In the House of Representatives, Thursday, 12th December, 1811. Resolved, That Samuel Henderson be, and he is hereby appointed a Justice of the Inferior court of Jackson county, in room of Miles Gathright, resigned. Approved, 16th December, 1811. In the House of Representatives, Wednesday, 11th December, 1811. Resolved, That William Yarbrough be, and he

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is hereby appointed a Notary Public for the county of Pulaski. Approved, 16th December, 1811. In the House of Representatives, Thursday, 12th December, 1811. Resolved That Ebenezer Rees be appointed a Notary Public for the county of Chatham and City of Savannah. Approved, 16th December, 1811. In the House of Representatives, Wednesday, 11th December, 1811. Resolved, That William Young and Mund Gross be, and they are hereby appointed Commissioners for the Academy of Scriven county, in addition to those already appointed. Approved, 16th December, 1811. In the House of Representatives, Wednesday, 11th November, 1811. Resolved, That Henry Tucker be appointed Lumber Measurer for the City of Savannah. Approved, 16th December, 1811. In the House of Representatives, Friday, 13th November, 1811. Resolved, That His Excellency the Governor be requested to pay out of the Contingent Fund, to Obadiah Crawford, Stokely Morgan and William Jordan, the sum of fifty dollars each, in addition to the sum appropriated to them by law. Approved, 16th December, 1811. In the House of Representatives, Friday, 13th December, 1811. Resolved, That His Excellency the Governor

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and the Commissioners appointed to contract for the erection of a Penitentiary Edifice, do fix on the site thereof, as near the centre of the Penitentiary square as convenience will admit of and lay off a quare round the building, the area of which shall contain four acres, for the purpose of outworks and garden, with a street of convenient width; and lay out the balance of said square in half acre lots, subject to the disposition of a future Legislature, for the use of the Penitentiary. Approved, 16th December, 1811. In the House of Representatives, Wednesday, 11th December, 1811. Resolved, by the Senate and House of Representatives in General Assembly met, That John Howard, John W. Oevereux and Hubert Reynolds be, and are hereby appointed Commissioners for contracting with mechanics for the rearing of a Penitentiary Edifice; and that the Governor be, and is hereby authorised to advertise for mechanics to perform this work, and to suggest such plan of a building as he may deem suitable for the confinement of criminals; and that his signature be necessary to all contracts made by said Commissioners, previous to such contracts being deemed valid. And be it further resolved, That the sum of ten thousand dollars, appropriated for the rearing of a Penitentiary Edifice be, and is hereby placed under the controul of His Excellency, for the payment of contracts entered into by said Commissioners, and approved of by him. And be it further resolved, That if any of the said Commissioners, shall on notification of their appointment, decline acceptance of such appointment

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the Governor is hereby authorised to supply such resignation or non acceptance. Approved, 16th December, 1811. In the House of Representatives. Friday, 29th November, 1811. Whereas great inconveniency has been experienced from the discontinuance of the mail rout between the City of Savannah the Town of Milledgeville, by the way of Louisville and Sandersville, tending greatly to procrastinate the time of receiving or transmitting information to and from the principal Commercial City in this state, where most of the mercantile transactions between the merchants and planters take place. Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That our Senators in the Congress of the United States be instructed, our Representatives requested to use their interest influence to have the said mail rout or post road re established; that His Excellency the Governor be requested to transmit a copy of this resolution to our Representatives in the Congress of the United States. Approved, 16th December, 1811. In the House of Representatives, Wednesday, 11th December, 1811. Resolved, That Messrs. Barnett, Dooley, Parke, Telfair, Ware, J. Jackson, Elliott J. A Cuthbert be a joint committee, to form a committee on the Criminal Code; and that they be authorised to have one or more meetings during the recess of the Legislature, with power to add to and enlarge the extent of articles embraced by the Code now reported

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and further to recommend such alterations in that Code as they may deem necessary. Approved, 16th December, 1811. In the House of Representatives, Saturday, 14th December, 1811. Resolved, That Messrs. S. Whitaker, Clayton, Devereux and Atkinson be, and are hereby appointed a committee to examine the Journals of this House for the remainder of the present session, and to see the Great Seal of the State affixed to such acts as may remain in the Executive Department at the end of the present session; and that they be allowed three dollars per day to perform the same. Approved, 16th December, 1811.

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INDEX. A Academy in Baldwin county, Commissioners of appointed Page 187 Clarke county, Commissioners of appointed 205 Jackson county ditto 204 M`Intosh county ditto 189 Commissioners of authorised to purchase at any future sales of confiscated property, to the amount of 945 11 s. 222 Montgomery county, Commissioners of appointed 204 Morgan county ditto 223 Pulaski county ditto 195 204 Richmond county Trustees of, authorised to convey a certain lot to the Roman Catholic Society 57 Commissioners of appointed 216 Scriven county ditto 226 Sunbury, Liberty county, a certain tract of Land given to 160 Telfair county, Commissioners of appointed 204 Twiggs county ditto 223 Wayne County ditto 192 Waynesboro' ditto 191 Accessories to any crime committed, when declared subject to punishment 30 Declared punishable in like manner with the principals, except in the case of Homicide in the first degree ib. Shall not be tried before the principal is convicted 31 None in cases of Treason against the State, or of Trespass ib. Adams and Duyckinck, time extended to them for printing a Compilation of the Laws, on certain conditions 207 Adare Bozeman, Comptroller General authorised to issue a State Troop Bounty Warrant in the name of 111 Administrators, how to proceed in making sale of real estate 102 Am os William, the Inferior court of Wayne county authorised to reduce his fine 64 Appropriation [Illegible Text] for the year 1812 103

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Arson, persons guilty of the crime of, how punished, c. 42 Augusta Roman Catholic Society incorporated, c. 56 Trustees of the Richmond Academy authorised to convey a certain lot to 57 Bank [Illegible Text] (see Bank) Two Vendue Masters appointed for the town of 213 Avorett, Joshua, Jacob, Benjamin, Elizabeth and Susannah, names altered from Saliers to 176 B Baldwin county, Justices of the Inferior court of, authorised to levy an extra tax 86 The Collector required to collect the same, and pay it into the hands of the Clerk of the Inferior court 87 Academy, Commissioners of appointed 187 Justices of the Inferior court appointed for 192 Notary Public, appointed for the town of Milledgeville in ib. And Wilkinson a certain line run between the counties of, by Daniel [Illegible Text], esq. established as the proper one 205 Drury Mims appointed a Commissioner for the county of to lay out a road to run from Milledgevile to the town of Hartford 218 Bank Planters, to what time the subscription shall be kept open 65 The Capital Stock, $ 1,000,000 71 Tax upon, authorized ib. By whom the subscription shall be kept open 72 What number of shares may be subscribed for, and who authorised to subscribe for the same ib. In case the Stock is not all subscribed for in a certain time how the balance may be subscribed for ib. Persons failing to pay the per cent at the time required, liable to forfeit all that may have been paid 73 Thirteen Directors to be appointed as soon as $ 30,000 in gold and silver coin is paid into Bank ib. To be elected on the first Monday in January annually thereafter 74 President when, and how elected ib In case of failure to elect Directors on the day appointed by law, they may be elected on any other day 75

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Number of votes each Stock-holder may be entitled to ib. Eligibility of a Director ib. What number of Directors shall constitute a board 76 Not less than twenty Stock-holders have power to call at any time a General Meeting ib. Cashier and other officers to give bond security ib. Lands, tenements, c. how held ib. Total amount of debts not to exceed three time the amount of Capital, c. 77 In case of excess, the Directors liable in their private capacity, c. ib. Stock, how transferable, c. 78 Stock-holders how to vote by attorney, ib. The company to be no way concerned in commerce, c. except so far as relates to things pledged to them as security ib. How bills shall be signed to make them obligatory 79 Dividends of the profits, when and how declared ib. Minutes of the Directors, how to be kept ib Limitation of the Charter 80 Any person guilty of embezzling the funds of, how punishable ib. Penalty for forging, counterfeiting, c. of any of the notes of ib. Penalty for forging, c. of any power of attorney, order, c. to procure shares or the money of any Stock-holder 81 Expenses which have accrued, and which may accrue in renting or buying houses, c. to be paid out of the present funds ib. Forfeitures which accrued under the former Charter released 82 Repealing clause ib. Of Augusta, the Governor to cause the 500 shares reserved in the Charter, until the 1st day of January, one thousand eight hundred and twelve, to be subscribed for in behalf of the state 198 Bass John H. the Covernor requested to employ an Attorney to defend a suit brought in the Circuit court of the United States by Thomas Culbreath against him 197 Bridges between two counties, how to be built, paid for c. 94

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Repairs necessary to be made, how effected 95 Toll, one may be established by Joseph Cooper over the Oconee river 117 Bright Levi and Sarah his wife, divorced 100 Broad river, act on the subject of the improvement of 122 As soon as 200 shares are subscribed for, Commissioners declared a body corporate ib. How long the corporation may exist 123 Brown Alfred, name altered to Alfred Wellborn 177 Bryan county, Lumber Measurers appointed for 190 Justice Inferior court of, appointed ib. Dublin and Cherry-hill plantations in, the Solicitor General of the Eastern District to bring suit for the recovery of 192 Brunswick, Vendue Master appointed for town of 191 Burke county, Justices Inferior court appointed for 189 Commissioner of the Academy of, appointed 191 Burton, Betsy, Sallv and [Illegible Text] minors, names of, altered to Martha, Sarah and Matilda, Horton 120 Burglary, what shall constitute the crime of, and how punished 43 Busson Jesse, the State Commissioners authorised to lease three acres of the Common of Milledgeville to him, for a Slaughter-pen 202 Butt Zachariah, name altered to, from Zachariah Caswell 177 C Camden county, act to amend the several acts regulating roads in (see roads) 20 The Justices of the Inferior court of, authorised to levy an extra tax 170 To be applied to building a Jail in the town of Jefferson 171 Justices of the Inferior court appointed for 214 Two Notaries Public appointed for 215 A Lumber Measurer appointed for Crooked river in the county of 224 Caswell Zachariah, name altered to Zachariah Butt 177 Cavalry, act for the organization and equipment of the 58 Vacancies of officers, how filled ib. What notice required for holding elections 59 When, how, and by whom to be exercised ib. Orders to, how given ib. Fines, how levied, c. ib. When associated with the Infantry, who to command, c. 60

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the Peace,) act passed the first time for amending 128 Not deemed necessary for the Governor to sign bills proposing alterations to 208 How such bills shall be passed, c. 209 Of the United States, amendment proposed by Congress, relative to titles of nobility or honor, c. agreed to on the part of Georgia 198 County line, between Montgomery Tatnall designated 57 Courts, Justices (see Justices' courts) Of Ordinary, (see Ordinary courts) Coroners, when to be elected 127 Must give bond and security in a certain time, or in case of refusal, their appointments may be declared vacant, and a new election ordered 167 Crawford Obadiah, Governor requested to pay him $ 50 in addition to the sum appropriated to him by law for valuing the State-House 226 Criminal Code, what persons declared incapable of the commission of crimes 27 Infants, Lunatics, c. may be punished in certain cases ib. No crime to be excused for ignorance or error in point of law 28 A man's wife not amenable to the laws for any crime committed by her, except for High Treason, murder, manslaughter, and the keeping a brothel or disorderly house ib. Slaves committing crimes by the command of the owner, employer, c. not punishable, except for Felonv ib. Principals and accessories, when declared guilty in the first or second degree of any felonious act 29 Persons administering poison, declared guilty in the first degree ib. Persons laying any trap or pitfall for another, letting out any wild beast, or exciting any idiot or child under age, to commit Hemicide, declared guilty in the first degree ib. This code to extend to free white persons only 45 When to go into operation ib Persons committing offences before this law goes into operation, to be punished under the old laws 46 Committee of the Legislature appointed to enlarge upon the extent of articles heretofore reported 228

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D Darien, Port of, Commissioners of pilotage appointed for the regulation of vessels in coming to and going from 160 Debt public, Commissioners of Confiscated Property not authorised to make sale of property until the same has been reported to the Legislature and their direction had thereon [Illegible Text] Property to be reported to the Legislature must be previously published in certain news papers, three months prior to the meeting of the Legislature ib Commissioners and Informers to receive their pay out of the proceeds arising from the sales 63 The Governor authorised to issue to the holder of certificates, c. of the public debt, a warrant on the Treasurer payable out of certain monies, 145 Dublin, the site of the public buildings in the county of Laurens 133 And Cherry-Hill plantations in Bryan county, the Solicitor General of the Eastern District directed to bring suit for the recovery of the same in behalf of the state, c. 192 E Elbert county, Sheriff of, in laying out the county of Madison was thrown into, but may still retain his Commission 132 Justices Inferior court appointed for 196 225 Eigle Samuel, the Inferior court of Wayne county authorised to reduce his fine 64 Effingham county, Justices Inferior court appointed for 188 Elections for county officers, to be held on the first Monday in January every two years 128 For members of Congress, the Governor to announce by Proclamation the number of members the people of this state may be entitled to vote for at the next election 134 Estates, testate or intestate, must be sold on the first Tuesday of the month 102 When and how advertised, c. ib Everitt Benjamin, shall be considered as a citizen of Baldwin county 143 Evidence, certain papers signed by different persons for the clerks of the Superior and Inferior courts of Jackson and Clarke counties, and the clerk of the Superior and Inferior courts and Courts of Ordinary in Franklin county declared legal, c 113

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Evidence, how procured from persons residing out of the state or countyfrom the patroon of a boat, Stage Driver, Mail Carrier, aged or infirm persons, 184 Executions, how to be issued and signed, 53 How directed and on what to be levied, 54 Not required to be renewed as heretofore, ib Property in the hands of a third person not a party to the Execution, not to be levied on, while there is a sufficiency in the hands of the defendant ib Issued against the body of a defendant and served, he shall, on delivering to the officer a sufficiency of property to discharge the debt and costs, and giving security that the property is bona fide his, be liberated ib Levied upon property by any Sheriff, Constable or Coroner and [Illegible Text] by a third person, may be kept in possession by the claimant on giving good security for producing the same on the day of sale 141 Should [Illegible Text] person fail to produce the property, his bond may be transfered to the plaintiff in execution 124 Executive, two manuscript records of the, made valid 127 Executors, Administrators or Guardians, may, by procuring an order from the [Illegible Text] court, sell all or any part of the real estate of the testator for the benefit of creditors, by giving certain notice 102 F Felony, any person advising a crime to be committed, shall be deemed accessory before the fact 30 Persons knowing a crime to have been committed, assisting the criminal in resi [Illegible Text] or making his escape, except in the case of husband and wife, declared accessories after the fact ib The crime of Homicide in the first, second and third degrees. Arson, Larceny, Burglary, Robbery, and Forgery, declared to be Felony, 32 Fire, white persons setting the woods on fire in certain counties subject to fine or imprisonment as the case may be 182

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Slaves or free persons of color shall receive 30 lashes 182 Flour, Inspectors of, to be appointed in certain cases 66 The Inferior court to appoint inspectors of 67 In case of vacancies, or neglect of court to appoint, how to be appointed ib How the flour, and barrels in which it may be packed must be made, c. ib In case of deficiency in the quantity required to be packed in a barrel, half-barrel, c. how recoverable ib Persons selling a barrel with a less quantity than is required by law, shall be liable to pay the expence of repacking the same, 68 How and in what manner the same shall be inspected, branded, c. and the Inspector's fees ib Penalty for packing in old barrels 69 Millers to brand their names on the barrels ib Penalty on [Illegible Text] for purchasing flour condemned by them unless for their own use ib When the act authorising the Inspection of shall commence ib Foreign Relations, resolution on the subject of 200 Forgery, what shall [Illegible Text] the came of, and how punished 37 Fractional Surveys purchasers of, [Illegible Text] the late [Illegible Text], by paying up one third of the principa and interest which may be due on the [Illegible Text] day of May 1812, not compelled to pay any further sum for twelve months thereafter, provided they give new security or the former securities acknowledge themselves further [Illegible Text] 89 The [Illegible Text] required to place into the hand of the proper officer, the bonds and mortgages given for the purchase of the first 90 No Tax-Collector authorised to fell any of the first Fractions for taxes ib Money arising from payments made on account of the last fractions may be drawn for by the Governor in favor of the holders of the public [Illegible Text], 145 Franklin count, certain papers signed Jas. Gray, James Smith and William [Illegible Text] for John Smith, Clerk of the Superior court of and James Gray and [Illegible Text] Smith for David Cleveland [Illegible Text] of the Inferior court, and Hausley Payne for Frederick Beall clerk of the Court of Ordinary for the county of, declared valid in law 113 Fraudulent Drawers in the late Land Lotteries of this slate the Governor required to appoint three commissioners to sell such land as has been or may be recovered in the Superior courts from such drawers, c. 48 G Gambling, the Corporation of Milledgeville and county officers in Baldwin county, and other Corporations and county officers required to use the utmost means to suppress gambling of every description 229

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Gates John name of altered to John Jamison 177 Governor requested to make application to the President of the United States on the subject of certain roads to run through the Indian Lands (see roads) To appoint not exceeding three commissioners to make application to the [Illegible Text] Nation of [Illegible Text] through the Agency of the United States for a disposition of certain lands, c. 195 [Illegible Text] to employ an attorney to defend a suit [Illegible Text] by Thomas [Illegible Text] against John H. Bass in the Federal court 197 Requested to ascertain what sum of money is due from the United States to the State of Georgia 223 Glynn county, not more than three dollars shall be assessed in any one year upon slaves liable to work upon the Islands of St. Simons and [Illegible Text] in the county of 164 All fines arising from such assessments to be appropriated to making a road across [Illegible Text] 165 Justice Inferior court appointed for 206 Grants, time extended until 10th November 1812, to the fortunate drawers in the Land Lotteries to take out 181 Greene county, Justice Inferior court appointed for 218 Greenwood Church in Lincoln county incorporated, c. 146 Trustees of appointed 147 Their powers and privileges defined ib. When and how to elect Trustees of 148 Greene John, name of altered, to that of John M'Crary 176 Guardians of Orphans, how to proceed in making sale of real estate 102 H Hancock county, the Inferior court of, authorized to levy an extra tax not exceeding one third of the general tax, 121 Times of holding the Superior courts in, fixed 163 Notary Public appointed for 190 Justice Inferior Court appointed for 196 Harper Nathaniel and Mary his wife, divorced 110 Harrison Pascal, his heirs and assigns, and the heirs and Representatives of George Cluff, dec. authorized to build a bridge across the Oconee river near the mouth of the Appalachee 157 Toll allowed for crossing thereat, ib To give bond and security to the Inferior Courts of Greene and Morgan io keep the same in good repair ib Hartford, town of, incorporated and Commissioners appointed, their powers and duty, 177 Commissioners to be elected on the first Monday in January annually [Illegible Text]

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The extent of the Corporation defined 178 Justices of the Inferior court appointed Commissioners of the court house and jail, which is to be erected in the town of 179 To appoint a Clerk to take charge of the funds, c. ib May sell lots in the town of, to defray the expense of building a court house and jail 180 The Commissioners to cause their Clerk to lay before the Grand Jury at their first meeting annually, a full statement of receipts and expenditures ib Homicide in the first, second and third degrees, what shall constitute the different degrees of, and the punishment annexed to [Illegible Text] 32 Malice express, how construed ib Malice implied, how construed 33 What cases declared not to be Homicide ib In cases where the killing is admitted or proven against the prisoner, the jury shall specify in their verdict what degree it constitutes 34 Indictments preferred to the Grand Jury, must always be for Homicide of the first degree, tho' the jury may find differently, as the case may be ib Aiders and abettors before the fact in Homicide of the first degree, equally declared guilty with the principal, and how punished 35 Accessories after the fact of the first and second degrees how punishable ib Persons dying within three or six months, how time must be computed, c. ib How persons shall be tried who stand mute, or do not answer to the Indictment, c. 36 If found to be an idiot, what shall be done ib Persons brought up to the bar of the court for trial Indictment must be read, c. ib The benefit of Clergy abolished so far as relates to the first degree of ib Horse-stealing, acts amended relative to the crime of, 172 Horton, certain names of persons altered from Burton to 120 Houston Ann, the Comptroller General required to issue a certificate in the name of George Houston to 66 I Indians Cherokee, the Governor requested to appoint not exceeding three Commissioners to make application to them to consent that a Treaty may be held with the United States for certain lands 195

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Inferior courts, Clerks of, to be elected on the first Monday in January every two years 127 Times of holding in Pulaski county altered 143 Clerks bound to give bond and security within a certain time, or their appointments may be declared vacant, and a new election ordered 167 Justices of, may on application, order the sale of the real estate of deceased persons, c. 101 Injunctions, security must be given by the party applying for 96 (See Certiorari) Irwinton, the site of the public buildings in the county of Wilkinson 124 Jackson county, certain papers signed Edward Adams for George Taylor, Clerk of the Superior court, and Edward Adams for William Penticost, Clerk of the Inferior court of the county of, declared valid in law 113 Commissioner of the Academy of, appointed 204 Four Justices of the Inferior court appointed for 215 Samuel Henderson appointed a ditto 225 Jailors, when appointed by Sheriffs shall give bond and take an oath faithfully to discharge their duty 158 Jamieson John, name altered from John Gates to 177 Jefferson, town of, in Camden county, a Vendue Master appointed for 213 County, Justice of the Inferior court appointed for 214 Jenkins Edmund B. Surveyor General, a resolution on the subject of an appropriation in his favor 207 Johns Isaac, the Inferior court of Wayne authorised to reduce a fine against him 64 Joice Henry, the act authorising him to establish a ferry across the Oconnee river, at or near his landing, repealed 169 Jordan William, the Governor requested to pay him $ 50 dollars in addition to the sum allowed him by law for valuing the State-house 226 Jury Special, Oath of 83 Grand and Petit in Wayne county how drawn, and what to be done with the key of the jury box 163 Jones county, a Justice Inferior court appointed for 189 Justices courts, their extent in collecting debts [Illegible Text] No Justice of the Inferior court, Clerk, Sheriff or practising attorney being a Justice of the Peace, shall try any warrant or give judgment in any civil case whatever 3

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Either party may, if dissatisfied, appeal within three days, c. or stay execution forty days 4 May stay execution twenty days after appeal trial ib When and how the courts are to be held and warrants served 5 Bond, note, or other written obligation given by persons living in different counties or districts, how collected ib Attachments, proceedings to be had relative to, how conducted, c. 6 Must take bond and security of the person applying for such attachments 7 Declared void without ib Manner of returning and trying attachments 8 Goods and effects, if of a perishable nature, may be sold immediately ib How judgment must be given when property is attached in the hands of a third person ib If the property attached is not sufficient to satisfy the demand, and in the nature of real estate, execution must be issued 9 Evidence the best, must be produced on the trial of all cases ib Open accounts how proven ib Property levied upon and claimed by a third person how tried, c. 10 May hold to bail for debts within their jurisdiction ib Witnesses may be compelled to attendtheir pay ib Commissions must be issued to take the testimony of witnesses residing out of the county 11 Manner of drawing Jurors ib Summoning Jury 12 In case of deficiency of the number of Jury how supplied ib Oath to be administered to the Jury in certain cases 13 Persons charged with [Illegible Text], but not convicted, who liable to pay the cost ib No person permitted to deny his bond, note or bill for money, or any other thing unless, upon oath ib Persons removing from the district or county, how execution shall be issued against them ib Ten days residence in a district required, before a person can be sued in a Justices' court 14

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[Illegible Text] there is no justice, suits to be tried in the next nearest district, and also cases where a Justice of the Peace may be a party ib Securities paying execution, what recourse they may have upon the principalduty of the Justice on such occasions ib Constables sales, when, where, how and in what manner conducted 15 No Constable to levy on real estate unless no other can be found, and in that case must return the levy to the Sheriff 15 Judgments, property bound from the date of ib Constables carrying property to the place of sale, how compensated, c. 16 Duty of Constables in levying executions and serving warrants, c. and how dealt with on neglect ib Justices' fees in civil and criminal cases 17 Constables' fees in civil cases ib Suits commenced may be withdrawn 18 Executions issued and no property found, plaintiff liable for cost ib May enter up judgment against persons for refusing to work on roads, c. ib Constables and Justices, parties to suits, and where there is no Constable in the district, any other in the county may serve 19 Duty of the Justices to appoint Constables in certain cases ib Power to fine for contempts, c. ib Judicial powers vested in 25 Their duty with regard to the trial of slaves, c. 51 Twenty-five dollars to be paid to Editors Georgia Journal for printing 500 copies of the act relative to 202 L Land Lotteries, fraudulent drawers in, the Governor required to appoint three Commissioners to sell such as have been or may be recovered in behalf of the State 48 Time extended to the fortunate drawers in, to take out their grants 181 Larceny, persons guilty of, how punished 39 Laurens county, public buildings to be erected on Lot No. 232, first Wilkinson 133

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Commissioners appointed to carry the same into effect 134 Certain parts of Washington and [Illegible Text] added to 168 Commissioners appointed to superintend the running of the line ib The line to be run by the Surveyor of Washington 169 Expense to [Illegible Text] detrayed by the county of Laurens ib And Palaski counties, the Inferior court of, to convene at [Illegible Text] certain time and place, and pay to John Thomas a reasonable compensation for laying out the county of Pulaski 206 Justice of the Inferior court appointed for 216 Laws, time extended until the first of June 1812, for printing a Digest of, on certain conditions 207 Passed during the session of the Legislature in 1811, committee appointed to see the [Illegible Text] affixed to, c. 229 Leigh James, the Inferior court of [Illegible Text] authorised to reduce a fine [Illegible Text] upon him 64 Lexington a Notary Public [Illegible Text] for the [Illegible Text] of 192 Libels, what shall [Illegible Text], and [Illegible Text] punished 45 Liberty county, part of, [Illegible Text] to Tatnall county 173 Lincoln county, Greenwood Church in the county of, Incorporated 146 An extra session of the Superior court to be held in the county of 165 Justice Inferior court appointed for 187 Little River, all laws heretofore passed, preventing persons from building [Illegible Text] little river, repeated 136 Lottery [Illegible Text] Mary's. commissioners of, authorised to fill vacancies, c. 118 Lottery Grants, time extended to the fortunate drawers of, for taking [Illegible Text] the grants 181 Louisville, commissioners of the town of, appointed 200 Lumber Measurers for the Port of Savannah appointed 189 [Illegible Text] 191 One appointed for the county of Bryan 190 Three appointed for the county of M'Intosh 213 One appointed for St. Mary's river 224 Do for Crooked river in Camden county ib Henry Tucker appointed for Savannah 226 Madison county laid out and defined 114 Elections and courts to be held at the House of Henry Strickland, until a Court House is [Illegible Text] 115 Surveyor of Jackson county to run the lines of ib [Illegible Text] militia officers and Justices of the Peace falling within the bounds of this county, altho' commissioned for another, to retain their commissions 115

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Added to the Western Circuit ib When Superior and Inferior courts shall be held in ib Inferior court to purchase a site and cause public buildings to be built thereon 116 First election for County Officers when to be held ib Added to the first Brigade of the 4th Division of the Militia ib The Inferior court to draw Grand and Petit Jurors ib Suits depending in any of the counties from which this is taken, not to be removed, except on actions for real estate ib The Sheriff of Elbert, altho' in this county, to retain his commission 132 Justices of the Inferior court of appointed 224 Maiming, what shall constitute the crime of, and how punishable 44 Mail, Governor requested to transmit a Resolution to the Representatives in Congress, to endeavor tore establish the route between Savannah and Milledgeville, via Louisville 228 Marion, town of, Commissioners appointed for the reguiation of 183 When and how elected 184 Mathews Joseph, name altered to Joseph Melburn Mathews 177 Maxwell, John B the Solicitor General of the Eastern District directed to bring suit for the recovery of Dublin and Cherry-Hill plantations, property of his confiscated 192 Milledgeville, one or more Vendue-Masters may be appointed for the town of 140 Notary Public appointed for the town of 192 Alexander Greene appointed a Vendue Master for the town of 202 Harris Allen appointed a do. 214 State Commissioners authorised to lease three acres of the Common of, to Jesse Busson, for a slaughter pen 202 Commissioners of, to lay out three acres to Jane [Illegible Text], widow, and lease the same to her for ten years 206 Corporation of the town of, directed to use the [Illegible Text] means to suppress gambling 222

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Purchasers of lots in the town of, may be sued on application to the Treasurer by any security his or their executor, administrator, agent or attorney 222 Mims Drury, appointed a commissioner for Baldwin county to lay out a road from Milledgeville to the town of Hartford in Pulaski county, 218 M'Crary John, name altered to, from John Greer 117 M'Intosh county Academy, Commissioners of appointed 189 Three Lumber-Measurers appointed for 213 Academy, Commissioners authorised at any future sales of Confiscated property to purchase to the amount of 945: 11 worth 221 M'Leod Sarah, vested with the exclusive right for five years of erecting a bridge over the Ohoopie 155 Toll allowed for crossing thereat 156 Montgomery and Tatnall counties, line between established 57 County, part of, added to Laurens county 168 Justice Inferior court appointed for 188 204 C ommissioners of the Academy of, appointed 204 Moore, Stephen W. act for his relief 109 Money, the Governor requested to ascertain what sum is due from the United States to the state of Georgia 223 Morgan county, Justices of the Inferior court appointed for 214 218 C ommissioner of the Academy of appointed 223 Stokely, the Governor requested to pay him $50 in addition to the sum allowed him by law for valuing the State-House 226 Muse Joseph, the Inferior court of Wayne authorized to reduce his fine 64 Munder William, the Inferior court of authorized to reduce his fine ib N Names altered, from Burton to Horton 120 from Saliers to Avorett 176 Navigation of Broad [Illegible Text] fee Broad river of Oconee river, fee Oconee river of Ogechee river, see Ogechee river New-York, refolution on the [Illegible Text] of a Canal navigation between the Great Lakes [Illegible Text] river [Illegible Text] [Illegible Text] state of 210 Notaries Public appointed for [Illegible Text] county 180 196 217 224 One appointed for Baldwin county 192 One appointed for Hancock county 190 One appointed for Oglethorpe county [Illegible Text]

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One appointed for Warren county 195 One appointed [Illegible Text] [Illegible Text] in M [Illegible Text] county 214 Two appointed [Illegible Text] [Illegible Text] county 215 One appointed for [Illegible Text] county 225 One appointed for Savannah 225 O Oath of Special jury 83 [Illegible Text] river, the corporation for the improvement of the Na vigation of, [Illegible Text] [Illegible Text] locks, [Illegible Text] c. 140 Ogechee river [Illegible Text] for the improvement of the Navigation of, [Illegible Text] so call a meeting of the [Illegible Text] to elect officers and [Illegible Text] organize [Illegible Text] company, c 110 When toll shall cease to be demanded ib James or Andrew Bird and [Illegible Text] [Illegible Text] exempt from paying toll between the mouth of Black creek and [Illegible Text] river ib Persons obstructing, [Illegible Text] to pay the expense of removing the same 149 May be indicted for the second offence ib [Illegible Text] county, [Illegible Text] Inferior court appointed for [Illegible Text] Notary Public appointed for the town of Lexington in the county of 192 Ordinary Clerks of the courts of to be elected on the first Monday in January 1813 by the [Illegible Text] courts of the respective counties and every second year chereafter 135 Orphans, sales of real estate, for the benefit of, when and how made 102 P Patterson John [Illegible Text] and [Illegible Text] his wife, divorced 102 Penitentia y, resolution on the subject of appropriating money for the erection of 223 The Governor together with the Commissioners appointed to contract for the erection of, c. to fix upon a site, lay off a [Illegible Text] lotts, c. 227 Commissioners appointed for contracting with mechanics for building of ib The Governor may supply any vacancy which may happen by [Illegible Text] or non acceptance ib Perjury, and subornation of perjury what shall constitute the crime of, and how punishableif committed where a lawful oath is administered, they shall forfeit all rights of citizen-ships for 20 yearsshall not bear restimony in any case whateveract as Jurorhold any office of honor or profit civil or military for the term above mentioned, and be moreover confined in the [Illegible Text] [Illegible Text] If against any person charged of a capital offence, whereby the accused suffers death, declared to be homicide of the first degree ib Persons procuring others to bear false testimony, how punishable [Illegible Text]

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Persons bearing such false testimony, how punishable 39 Names of persons guilty of perjury, shall be published at their expence, three times in each Gazette of the state ib The testimony of two witnesses required to establish the fact of ib Pilchar Edward Jr. the Inferior court of Wayne county authorized to reduce his fine 64 Pilotage of vessels to and from the port of Darien and Sapelo River, c. 160 Commissioner appointed for the regulation of ib Their powers and authority 161 Poisoning, persons guilty of the crime of, declared guilty of felony in the first degree 29 Possession, writs of, not to effect a third person on land levied upon by any sheriff 159 Powell John and Rachael his wife divorced 172 Planters' Bank (see Bank) Presidents' Message to Congress, on being laid before the Legislature of Georgia, their sentiments expressed relative to Foreign relations Public Debt (see Debt Public) Pulaski county, Clerks of the Superior and Inferior courts of, not compelled to keep their offices at or within one mile of the court-house 120 Times of holding the Inferior courts in, altered 143 Commissioners appointed for erecting public buildings in the town of Hartford and county of (See Hartford) 179 Justices Inferior court appointed for 191 Commissioners of the Academy of, appointed 195 204 William Yarborough appointed a Notary Public for 225 Putnam county, certain mortgages given to the Trustees of the Union Academy in the county of, without being sealed, declared good in law, 100 Justices Inferior court appointed for 190 R. Randolph county, Justices of the Inferior court of, authorised to levy an extra tax for county purposes 47 Rape, what shall constitute the crime of, and how punishable 44 Records of the Executive, manuscript copies of sundry old records of, declared valid, c. 127 Rents for any sum under thirty dollars may be collected by a Constable, how and in what manner 152

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Sums over thirty dollars must be collected by a Sheriff ib When any doubt may arise as to the sum due, may replevy by giving security 152 Property levied upon and claimed by a third person, on oath, how tried, c ib Where judgments exist against the tenant, preference shall not be given to the person distraining ib Where a tenant refuses to give possession, what remedy 153 Where they fail to pay the rent due, the Leasor may take possession of the premises ib Contracts for rent, either verbal or in writing, to bear interest from the time the same may become due ib Richmond Academy, Trustees of, authorised to convey a certain lot to the Roman Catholic Society of Augusta 57 Three Trustees of the Academy appointed for 216 Justices Inferior court appointed for 205 Roads in Camden county, Inferior court to appoint three Commissioners for each different Post Road 20 Their powers, duty, c. 21 When to meet at Jefferson, and their duty with regard to any member of the board, or persons liable to work on said roads 22 The Board of Commissioners may appoint a Clerk ib Inferior court of Camden have the power to appoint superintendants of all bye-roads, c. ib White persons exempt from working on, in the county of Camden ib In case certain parts of the post road become injured how to be repaired 23 The Inferior courts of the several counties required to lay off districts and new roads, or make alterations in old ones, c. 91 Also, appoint Commissioners who shall apportion the hands, c. ib Persons refusing to serve as commissioners liable to be fined, unless they resign within a given time ib Who subject to work on the public roads 92 Commissioners to appoint overseers of, who shall summon hands, c. ib Penalty for refusing to work on the public roads [Illegible Text]

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Fines how assessed and collected 93 Certain counties excepted from the operation of this act 94 Fines, when collected, how appropriated ib Penalty for obstructing public roads ib Bridges across rivers dividing counties, how to be built and paid for ib Repairs of bridges how effected 95 No slaves to be assessed more than three dollars in any one year for failing to perform road duty upon the Island of St. Simons and Jekyill in the county of Glynn 164 Fines arising from such assessments to be applied to making a road across the Buffaloe, 165 Commissioners of, in the county of Wayne, to be elected by the people on the first Monday in January 174 Persons liable to work on the road leading up the Altamaha when and where to hold an election for Commissioners 175 Persons liable to work on the road leading from Buffaloe across Satilla, when and where to hold an election for Commissioners ib When and how Commissioners of the different roads in Wayne county shall be elected ib Justices of the Inferior court to fill vacancies ib Persons failing to work on said roads, how fined ib The Governor requested to make application to the President of the United States for opening a road from the mouth of the Alcofauhatchee on the Ocmulgee to M'Intosh's ferry on the Chatahouchee 194 Also from Jefferson in Jackson county to Huntsville in Madison county, M. T. ib Also, one from the town of Hartford in the county of Pulask, to cross Flint river at or near Tim. Barnard's, from thence to where the road from Milledgeville to Fort Stoddart crosses the Chatahouchee 199 Drury Mims appointed a Commissioner for [Illegible Text] county to lay out a road to run from Milledgeville to the town of Hartford 218 The Governor to make application to the President of the United States to obtain permission to open a road from the town of Hartford in Pulaski county to Colerain in C amden county 220

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Roman C atholic Society of Augusta incorporated 56 S Saliers, Joshua, Jacob, Benjamin, Elizabeth and Susannah, names of altered to Avorett 176 Savannah, Vendue Masters for the city of, to be annually appointed by the Legislature 150 Shall give bond and security, and take an oath 151 Shall pay to the City Treasurer certain taxes ib Lumber Measurers for port of, appointed 189 191 Henry Tucker appointed for do. 226 Notaries Public appointed for do. 190 , 196 , 217 , 224 Ebenezer Reese appointed for do. 226 Corporation not authorised to appoint V. Masters 151 Scriven county Academy, two comm'rs of appointed 226 Justices of Inferior court appointed for 187 Scott Benjamin, Comp. General authorised to renew a State Troop Bounty Warrant in the name of 98 Sheriffs to be elected every 2 years on 1st Monday in Jan. 127 Arresting a person charged with a capital offence, shall secure as much of his property as will be sufficient to defray expences c. 142 Writs of possession not to affect a third person residing on land about to be sold by, proviso 159 When elected, to give bond security within a certain time, or a new election may be ordered 167 Slaves committing crimes, how tried and punished 50 If a capital offence, the case must be tried before the Inferior court, by a jury of twelve men 51 If on conviction, sentence must not extend beyond thirty nor less than five days 52 Court shall proceed to trial immediately, unless for want of evidence, or other reasonable cause ib Duty of Clerk to make record of proceedings, to issue Subpoenas c. to procure attendance of witnesses c. ib Jury, how made up and formed ib Owner of any slave may challenge seven and the court five of the jury c. 53 Solicitor General of Eastern District, to bring suit for the recovery of Dublin and Cherryhill plantations in Bryan county 192 Secretary of the State, required to make out and lay before the next General Assembly a correct list of the Record books in his office 212 Securities to purchasers of lots in Milledgeville, may on application to the Treasurer cause the principal to be sued c. 222

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Stabbing, how punished 44 Special Jury, oath of 83 State-House, appropriation in favor of the Commissioners for valuing the 106 Governor requested to take suitable means to recover from Messrs. Thomas Scott the amount overpaid them for building the 212 Persons to be appointed to value the State-House, by the State Cnmm'rs and the Undertakers 217 Persons so appointed to report the value of certain Specific work 218 The Governor requested to pay out of the contingent fund to Obadiah Crawford, Stokeley Morgan and William Jordan for valuing the State-House $ 50 each, in addition to the sum appropriated to them by law 226 Stark John and Nancy his wife divorced 145 St. Mary's Lottery, Commissioners of, authorised to fill up vancancies in the board of 118 Vendue Masters appointed for town of 191 , 204 River, a Lumber Measurer appointed for 224 Statesboro' in Bulloch county, a comm'r of appointed 195 Sunbury Academy, a certain tract of land given to [Illegible Text] Superior Courts, clerks of to be elected on the first Monday in January every two years 127 Bound to give bond security within a certain time 167 On failing to do so, their appointments may be declared vacant and a new election ordered ib Times of holding courts in Wayne county altered 186 Surveyors county, to be elected on the first Monday in January every two years 127 Must give bond and security within a certain time or their appointments may be declared vacant and a new election ordered 167 Surveyor General, E. B. Jenkins Esq. a resolution on the subject of an appropriation in his favor 207 Required to make out and lay before the next General Assembly, a correct list of all his Record books 212 Swords, a certain number of to be delivered from the Arsenal to the Oglethorpe Troop of Dragoons 203 And Pistols, a certain number of to be purchased for the equipment of the Cavalry 61 T. Tatnall Montgomery county, line between established 57 Part of the county of Liberty added to 173

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Justices of Inferior court appointed for 216 , 225 Fax, the Inferior court of Randolph county authorized to levy an extra tax for county purposes 47 The Inferior court of Clarke authorised to levy do. 86 Inferior court of Baldwin authorised to levy do. ib Inferior court of Hancock authorised to levy do. 121 Inferior court of Camden authorised to levy do. 170 Collectors of, not to sell any of the 1st fractional surveys (unless paid for) for tax due the state 90 Receivers Collectors of, to give bond security and take the oath required by law within ten days after notice of the arrival of their comm'ns 67 On refusing to do so, their appointments may be declared vacant and a new election ordered ib Telfair county, the site of the public buildings established 84 Comm'rs authorised to lay off and sell the lots ib Inferior court to let the public buildings to the lowest bidder 85 Courts, elections c. where to be held until public buildings are completed ib Justices of Inferior court appointed for 187 Commissioner of the Academy of, appointed 204 Thomas John, Inferior courts of Laurens Pulaski to pay him for laying out the county of Pulaski 208 Thomas Scott, the Governor to take suitable means to recover from them the amount overpaid for building the State House 212 Toll Bridge may be established by Joseph Cooper over the Oconee river 117 Treason against the State, what shall constitute the crime of, and how punishable 31 Treasurer, authorised to break open any sealed [Illegible Text] of State Troop Bounty Warrants, to examine the same c. 197 Required to lay before the General Assembly a correct list of all the Record Books belonging to his Office 212 U Union Academy in Putnam county certain Mortgages given to the Trustees of [Illegible Text] a seal, declared good in law 99 University, the number of Trustees reduced to five 137 Any member failing to attend the Board of Trustees for two meetings in succession, unless absent on business, his seat shall be vacated 138 Trustees of, named ib

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Who [Illegible Text] constitute the Board of Visitors 138 The two Boards together to form the [Illegible Text] Academious ib The duties [Illegible Text] Secretary and Treasurer of the Board of Trustees to be performed by one person ib All officers of to be appointed by the Senatus Academious ib Senatus Academious to [Illegible Text] at Milledgeville on the second Monday in November annually ib Trustees to lay all their proceedings, receipts, expenditures [Illegible Text] before the Senatus Academious, who shall lay the same before the Legislature 139 Students may board at any place within the town of Athens, proviso ib Students of College, by whom and how to be examined for degrees, c. ib V Vendue Masters, one or more may be appointed for the town of Milledgeville 140 [Illegible Text] be appointed annually for Savannah by Resolution of the Legislature 150 Governor may fill vacancies ib To give bond and security and take an oath ib How bond shall be taken 151 Corporation of Savannah not authorized to appoint ib One appointed for Brunswick 191 Two appointed for St. Mary's 191 204 Two appointed for Milledgeville 202 214 One appointed for [Illegible Text] in Camden county 218 Two appointed for Augusta ib Vessels, Commissioners of Pilotage appointed for the regulation of into the Port of arien and Sapelo river 160 W Warrenton, extent of the corporation of the town of 106 Qualification of the persons authorised to vote for Commissioners of the town of 107 The power and duty of the Commissioners of the town of, in passing Ordinances for the preservation of order and to collect fines, forfeitures, c ib Commissioners of the town of, to be elected on the first Monday in January annually 108 Warren county, the Inferior court of authorised to have transcribed certain records of the courts of said county 154 Such transcripts to be considered as original records ib John Lewis appointed a Notary Public for the county of 195 Two Justices of the Inferior court of, appointed for 216 Washington county, part of, added to Laurens county 168 Wayne county, the Justices of the Inferior court of, authorized to reduce the fines of certain Grand and Petit [Illegible Text] 64 Where the courts, elections and other county business shall be held until the court house is completed 162 When the court-house is in a certain state of readiness the [Illegible Text] of to notify the Inferior court thereof [Illegible Text]

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When the Inferior court shall have drawn Grand and [Illegible Text] Jurors, their duty to deliver the key of the Jury Box to the Sheriff 163 Acts regulating roads amended so far as respects the county of 174 Times of holding Superior courts in, [Illegible Text] 186 Two Commissioners of the court house of, appointed 213 Commissioners of the Academy appointed 182 [Illegible Text], Commissioners appointed for the town Academy of 101 W ellborn Alfred, name altered to, from Alfred Brown 177 W ilkes county, times of holding the Superior and Inf. courts altered 88 Four Justices of the Inferior court of, appointed [Illegible Text] W ilkenson county, the Clerks of the [Illegible Text] and Inferior courts to keep their offices at or within one mile of the court house [Illegible Text] Site of public buildings to be on Lot No. [Illegible Text], 4th district W ilkinson, proviso [Illegible Text] Commissioners appointed to lay off and sell a certain number of lots ib Inferior court to cause public [Illegible Text] to be put [Illegible Text] ib In case the Commissioners should fail to purchase part of the [Illegible Text] lot within the time limited, they may purchase any other place within two miles of the centre of the county 125 Courts, elections and other county business, where to be held 125 And Baldwin county, a line run between by Daniel [Illegible Text], Esq, established as the proper one 205 W itnesses residing out of the state, or county, or if [Illegible Text] in the state, or any county thereof, how to procure their testimony 184 [Illegible Text], Patroon of a Boat, Stage-Driver, Mail.Carrier, aged or infirm persons, their testimony may be taken by [Illegible Text] ib W oods, persons setting fire to, in certain counties (in the Eastern part of the state) how [Illegible Text] [Illegible Text]