Acts of the General Assembly of the state of Georgia, passed in Milledgeville at an annual session in November and December, 1842 [volume 1]

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: WILLIAM S. ROGERS 18421100 English

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN MILLEDGEVILLE AT AN ANNUAL SESSION IN NOVEMBER AND DECEMBER, 1842. 18421100 18421200 PUBLISHED BY AUTHORITY MILLEDGEVILLE : WILLIAM S. ROGERS, STATE PRINTER. 1843.

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED In November and December, 1842. ACADEMIES. AN ACT to incorporate certain Academies therein named; and the Monroe Female Seminary in the town of Monroe, in the county of Walton; and to confer certain privileges upon the Trustees of the Randolph Academy at Cuthbert, in the county of Randolph. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Alfred Wellborn, Seymour R. Bonner, Charles B. Harris, Bishop Clements, and Drury Cunningham, be, and they are hereby appointed Trustees of the Warm Springs Academy, in the county of Meriwether. That Elijah Amos, senior, Gillum J. Green, Joseph J. Carson, Lewis F. Hicks, and Ezekiel Hall, be, and they are hereby appointed Trustees of the Knoxville Male and Female Academies, in the county of Crawford. That Hezekiah Evans, William S. Moor, Abraham Hunter, J. B. Hunter, and Willis Young, be, and they are hereby appointed Trustees of the Paris Hill Academy, in the county of Scriven. That John B. Heath, William M. Measels, James Adams, Robert Adams, and Thomas Bledsoe, be, and they are hereby appointed Trustees of the Sweet Spring Academy, in the county of Talbot. That James H. Stark, Morton Bledsoe, John Hendrick, A. L. Robinson, John R. McCord, William R. Bankston, and Pleasant M. Compton, be, and they are hereby appointed Trustees of the Jackson Female Academy, in the county of Butts. That John Saunders, Sterling T. Higgins, Wade H. Giles, Jesse Jolly, and George W. Barber, be, and they

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hereby appointed Trustees of Iron Spring Male and Female Academies, in the county of Butts. That Terrell B. Willson, Ezra Johnson, James Ansley, John A. Prator, and James Horsly, be, and they are hereby appointed Trustees of the Pine Knot Academy, in the county of Upson. That Preston J. Thursby, Joseph Barnett, Isham Perkins, Martin D. Rogers, and Thomas Watson, be, and they are hereby appointed Trustees of the Montpelier Academy, in the county of Dade. That Joseph Belk, Bland Wallace, William Wells, Benjamin Blanton, and Silas Stephens, be, and they are hereby appointed Trustees of the Farmington Academy, at Springvale, in the county of Marion. That William E. West, George W. West, Asa Prior, Robert Gibson, and Wilson Whatley, be, and they are hereby appointed Trustees of the Cedar Valley Academy, in the county of Paulding. That P. G. Morrow, Watters Briscoe, W. J. Hill, J. A. Clack, and Ira DeLamater, be, and they are hereby appointed Trustees of the Monroe Female Seminary, in the town of Monroe, in the county of Walton. Sec. 2. And be it further enacted by the authority aforesaid , That the aforesaid Trustees, and their successors in office, be, and they are hereby declared to be a body politic; and are hereby invested with full power of using a common seal, securing and being secured, pleading and being impleaded in the several Courts of law in this State; of making all necessary by-laws for their government; of holding titles to, and conveying real or personal estate; of appointing to, and removing from office, such officers as they may think proper; and of doing all other things, and of enjoying all other immunities, not contrary to the Laws and Constitution of this State, and of the United States, which may be necessary to the well being of said corporations; and of filling any vacancies that may happen in their bodies. Sec. 3. And be it further enacted by the authority aforesaid , That said Trustees of the above mentioned Academies and Seminary, shall be capable of accepting and being invested with all manner of property, both real and personal; all gifts, donations, grants, rights, privileges, and immunities, whatsoever, which may belong to said institutions, or which may be hereafter conveyed or transferred to them or their successors in office, to have and to hold the same, for their proper use, benefit, and behoof of said Academies and Seminary. Sec. 4. And be it further enacted by the authority aforesaid , That when any vacancy shall occur, by death, resignation, or otherwise, of any one or more of the Trustees of the aforesaid Academies and Seminary, their survivors, or a majority of them, shall have authority of fill such vacancy or vacancies. Sec. 5. And be it further enacted by the authority aforesaid , That the Trustees of the Randolph Academy, at Cuthbert,

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in the county of Randolph, be, and they are hereby authorized to elect four additional Trustees for said Academy. Sec. 6. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to be entitled an act, to incorporate Farmers Academy in the thirtieth district of originally Lee, now Sumpter county, and to appoint Trustees for the same; and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, Frederick J. Greene, Wyatt R. Singleton, William M. Wimbush, Joseph A. S. Turner and Thomas J. Baisden, be, and they are hereby appointed Trustees of the Farmers Academy, in the thirtieth district of originally Lee, now Sumpter county. Sec. 2. And be it further enacted by the authority of the same , That Lewis J. Linder, Hamilton Smith and William L. Maison, of Laurens county, be added to the present Board of Trustees of the Buck Eye Academy, in said county of Laurens. Sec. 3. And be it further enacted by the authority of the same , That said Trustees, and their successors in office, be and they are hereby declared to be a body politic and corporate, by the name and style of Farmers Academy of Sumter county; and as such, shall be capable and liable in law, to to sue and be sued, plead and be impleaded, and to make such bye-laws and regulations, as may be necessary, for the government of said Academy; Provided , Such bye-laws are not repugnant to the constitution or laws of this State. Sec. 4. And be it further enacted , That said Trustees shall be capable of accepting and being invested with all manner of property, both real and personal, all gifts, donations, privileges and immunities, whatsoever, which may hereafter be conveyed or transferred to them, or to their successors in

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office, to have and to hold the same for the proper benefit and behoof of said Academy. Sec. 5. And be it further enacted , That when any vacancy shall happen, by death, resignation or otherwise, of any one or more of the Trustees of said Academy, their survivors or a majority of them, shall fill such vacancy. Sec. 6. And be it further enacted , That all laws or parts of laws, militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Approved, 24th December, 1842. AN ACT to incorporate the Hamilton Female Academy, in the county of Harris, and to appoint Trustees for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Osborn Crook, William Foster, Willis Graham, James Pollard, Benjamin Henry, William H. Dendy, and William B Pryor, be, and they are hereby appointed, and their successors in office, are hereby declared a body corporate, by and under the title of the Hamilton Female Academy, in Harris county. Sec. 2. And be it further enacted , That the Trustees aforesaid, and their successors in office, be, and they are hereby invested, with the power of using a common seal of suing and being sued, pleading and being impleaded, in the several courts of law and equity in this State; of making all necessary bye-laws for their government, of holding titles to, and conveying real and personal estate, and of doing all other things, and of enjoying all other immunities, not conflicting with the Constitution and laws of this State, which may be necessary to the well-being of said corporation, and of filling any vacancy that may take place in their body. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842.

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AN ACT to incorporate the Level Green Academy, in Lee county, and to appoint Trustees for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in the General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Academy in Lee county, now known and called by the name of Level Green Academy, shall be known and called by that name; and that Turner Hunt, Josey Stanford, Deril Hunt, Thomas Martin and Joseph Jourdin, and their successors in office, be and they are hereby declared to be a body politic and corporate, by the name and style of the Trustees of the Level Green Academy, and as such, shall be capable, and liable in law to sue and be sued, plead and be impleaded, and shall be authorized to make such bye-laws and regulations, as may be necessary for the said Academy; Provided , Such by-laws be not repugnant to the constitution and laws of this State. Sec. 2. And be it further enacted by the authority aforesaid , That the said Trustees shall be capable of accepting and being invested with all manner of property, real and personal, all donations, gifts, grants, privileges and immunities, whatsoever, which may belong to said institution, or which may hereafter be conveyed or transferred to them, or their successors in office, to have and to hold the same, for the proper benefit and behoof of said Academy. Sec. 3. And be it further enacted by the authoriiy aforesaid , That where any vacancy may happen, by death, resignation or otherwise, of any of the Trustees of the Level Green Academy, the surviving or remaining Trustees, shall fill the same in such manner, as shall be pointed out by the by-laws and regulations of the Trustees aforesaid. Sec. 4. And be it further enacted by the authority aforesaid , That if at any time, there shall from resignation or otherwise, be no Trustees of said Academy, the powers and privileges hereby granted shall not abate; and the Inferior Court of said county on the application of five or more heads of families, in the district in which said Academy is situated, shall appoint five competent persons as Trustees of said Academy; in whom and in whose successors, the powers and privileges, and immunities, hereby granted, shall vest for the purpose of said Institution. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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AN ACT to authorize the citizens of Scriven, to elect seven Trustees to superintend and control the Academy funds of said county; also, to authorize the Commissioners of the Poor School fund, for the four hundred and eighteenth district, Walton county, to pay over to the teacher of Social Circle, the balance of the money for 1840, he may have in his hands; and to authorize the Trustee of the Common School of Walker county, to pay over to the Trustees of the Academy of the town of Lafayette, all monies he may have in his hands. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That on the first Monday in February next, and on the first Monday in January of every other year thereafter, the citizens of Scriven county, qualified to vote for members of the Legislature, shall, and they are hereby authorized to vote at the said election, for seven Trustees to manage the Academy funds of the said county of Scriven, and to do and perform all the duties now required of the present Board of Trustees, by the act of incorporation. Sec. 2. And be it further enacted , That the said Trustees shall continue in office two years, (except) those who may be elected on the first Monday of February next, whose term of office shall expire on the first Monday in January, Eighteen hundred and forty-five; but the same may be elligible to a re-election, and the said Board of Trustees shall be bound at the expiration of each term, to file a full statement of the receipts and disbursements of said Accademic fund, in the Clerk of the Superior Courts office, of said county, which shall be received as a record therein. Sec. 3. And be it further enacted , Before the Trustees elected as aforesaid, shall enter upon the duties of their office, they shall take the following oath before some judicial officer of this State: I do solemnly swear, (or affirm,) that I will faithfully discharge my duty as Trustee of the Academic Fund of Scriven county, to the best of my knowledge and ability, and while I continue in office, so help me God. Sec. 4. And be it further enacted , That a majority of the said Trustees shall be, and are hereby authorized to fill all vacancies in their own body, that may occur, during the time for which they were elected. Sec. 5. And be it further enacted , That so soon as the Trustees contemplated by this act, may have been elected and the board organized by taking the oath of office, and the appointment of such officers as they may deem necessary to carry out fully their duties, that they shall call upon the present Board of Trustees, who are hereby authorized and required to deliver over to the said Board of Trustees so

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elected as aforesaid, all notes, bonds or other evidences of debt, money on hand, and all the assets of whatever kind soever, in their possession, and belonging to the said Academic fund, and in case of refusal to comply herewith, the Board so elected, may proceed to collect the same from the said Trustees, so refusing, by instituting their action in law against them. Sec. 6. And be it further enacted , That the duties required of Justices of the Peace in General elections, are hereby required of them, in order to carry out the provisions of this act, and the said elections are to be conducted in the same manner, and under like rules and regulations. Sec. 7. And be it further enacted , That the Commissioners of the Poor School Fund for the four hundred and eighteenth district of Walton county, be authorised to pay over to the teacher of the Social Circle Academy, any remaining balance of the Common School Funds for eighteen hundred and forty, which may be in their hands. Sec. 8. And be it further enacted , That the Trustee of the Common School Fund for the county of Walker, be authorized to pay over to the Trustees of the Academy, in the town of Lafayette, all monies that may be in his hands. Sec. 9. And be it further enacted , That all laws and parts of laws, militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. AN ACT to incorporate an Institution for the promotion of Education, to be called the Lumpkin Independent Academy Company, at Lumpkin, Stewart county, and appoint Directors for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That James Clark, Willard Boynton, Bryan Bedingfield, Loverd Bryan, Mathew McCullar, Hollis Boynton, Marmaduke Gresham, Benjamin May, Nathan Clifton, Nicholas E. Morris, William A. Rawson, Charles S. Gaulden, Joseph J. Boynton, John G. Singer, John Singer, Junior, John Richardson, Mary A.

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West, John Talbot, William M. Hardwick, Mathew Wright, Daniel Mathison, M. D. Doney, E. W. Randle, James M. Mitchell, Francis Douglass, Joseph Glenn, Charles W. Snow, William Foster, A. H. Dickerson, Thomas H. Everett, David Harrell, William Shields, Robert A. Hardwick, Moses Parker, E. A. Mitchell, William A. Fort, George B. Perry, Bedford S. Worrell, Edward E. Rawson, Blanton Streetman, Randolph Pearson, Jacob Ramser, John Crocker, Tomlinson Fort, Miles K. Harmon, Isham Watkins, Peter Aldey, Artimus Lewis, Daniel A. Garrett, Madison Hill, Erasmus T. Beall, Harris Dennard, John N. Simpson, with all other persons who may hereafter become subscribers for stock in said Institution, they shall be, and they are hereby declared to be a body corporate, by the name and style of the Lumpkin Independent Academy Company. Sec. 2. Be it further enacted by the authority aforesaid , That the Directors hereinafter named, and their successors in office, or a majority of them, or the authority that may hereafter be empowered by the by-laws, rules and regulations of said Institution, are hereby authorized to make such by-laws, rules and regulations as they may deem necessary and proper for the benefit and government of said Institution, subject to such alterations and amendments, as a number of stockholders owning a majority of the stock, or in case of there not being such a majority present at any regular meeting, then a majority of the Directors, with the President of the Board, may, from time to time, ordain and establish: Provided , such by-laws, rules and regulations are not repugnant to the Constitution and laws of this State; and they shall be invested with the right of holding all manner of property, both real and personal, all donations, gifts, grants, privileges and immunities, which have heretofore been, or may hereafter be made or transferred to them or their successors in office, to have and to hold, and to use the same for the sole use, benefit and behoof of the said Institution. Sec. 3. And be it further enacted by the authority aforesaid , That the President and Directors hereinafter named, and their successors in office shall be, and they are hereby made capable of suing and being sued, implead and being impleaded, and of using all necessary and lawful measures for recovering or defending any property, debts, demands which they may claim in behalf of said Institution. Sec. 4. And be it further enacted by the authority aforesaid , That James Clark, Mathew Wright, Willard Boynton, Tomlinson Fort, and Loverd Bryan, are hereby appointed Directors of said Institution; and that the said Directors have power to appoint one from their board, who shall act as President; and in case of death, resignation or removal of the President or any of the Directors, a majority of the Directors shall have power to fill such vacancies.

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Sec. 5. And be it further enacted by the authority aforesaid , That the capital stock at present, shall be three thousand dollars, with the privilege of increasing it from time to time, as the stockholders may think proper, not to exceed six thousand dollars; and that the capital stock shall be divided into shares of five dollars each, and that no person shall be President or Director, except he be a stockholder. Sec. 6. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 24th December, 1842. AN ACT to amend an act, assented to on the 23d December, 1830, incorporating, with other Academies, the Female Academy of Talbotton, Talbot county, so far as relates to the said Female Academy, in Talbot county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Joseph Pow, B. Hill, and Jeremiah Beall, be, and they are hereby appointed, and their successors in office are hereby declared to be a body politic and corporate, by the name and under the title of the Trustees of the Talbotton Female Academy. Sec. 2. And be it enacted by the authority aforesaid , That the said Joseph Pow, B. Hill, and Jeremiah Beall, or a majority of them, be, and they are hereby declared to be vested in their corporate capacities, to lease, for a term of years, to the Masonic Olive Lodge, No. 10, in said county, the privilege of rearing and building a second story on the said Female Academy, in the village of Talbotton, Talbot county, at their own expense; Provided , in the rearing and building said second story on said Academy, they shall not interfere with the convenience and comfort of said Academy; and after the same may have been reared and built, they shall at no time occupy the same, so as to interfere with the School which may at any time be kept in said Academy. Sec. 3. And be it enacted by the authority aforesaid , That if,

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after the said second story is built and completed, and the said Masons of Olive Lodge, No. 10, goes into possession thereof, and hold their meetings in the same, the said Trustees shall not prevent their meetings and assembling in said second story of said Academy, unless said meeting, and the proceedings of said meeting and assembling, shall interfere with the tranquility of said School; then, and in that case, the said Trustees of said Academy shall require said Masons to meet and assemble at some other time, so that the business of the School may not be interrupted. Sec. 4. And be it further enacted , That, whenever the said Masons of Olive Lodge, No. 10, shall discontinue, or cease to use the said upper story of the said Female Academy, as a Masonic Hall, or for Masonic purposes; then, and in that case, they shall not have the right to sell or dispose of their interest to the same, shall inure to, and become a part of the Female Academy aforesaid, and be vested in the Trustees aforesaid, for academic purposes. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to appoint five additional Trustees, for the Summerville Academy, in the county of Chattooga. Section 1. Be it enacted by the Senate ond House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Charles A. Heard, Charles Price, S. E. Burnet, D. C. Hunter, and R. W. Jones, be, and they are hereby appointed, additional Trustees for the Summerville Academy, in the county of Chattooga; and that from and immediately after the passage of this act, they are hereby authorized to transact business in relation to the aforesaid Academy, as though they had been appointed in the original incorporation, any law to the contrary not withstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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AN ACT to be entitled an act to appoint an additional number of Trustees to the Cumming Male Academy. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, Henry L Sims, and Daniel McCoy, be, and they are hereby appointed, additional Trustees to said Academy. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. APPEALS AND CERTIORARIES. AN ACT to enable parties, plaintiffs, or defendants in any Court of this State, to appeal, without paying costs and giving security, as now required by law, on certain conditions herein mentioned; and also to enable parties in Justices' Courts in this State, to obtain certioraries without paying cost and giving security, on certain conditions herein mentioned. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, when any party, plaintiff or defendant in any suit at law, or in equity, hereafter to be commenced, in any of the Courts of this State, where the party cast, shall be dissatisfied with the decision, and shall be unable to pay cost and give security, as now required by law, if such party will make and file an affidavit in writing, that he or she is advised, and believes that he or she has a good cause of appeal, and that owing to his or her poverty, he or she is unable to pay the cost and give security, as now required by law; in cases of appeal such party shall be

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permitted to appeal without the payment of cost, and without giving security, as heretofore practised in this State. Sec. 2. And be it further enacted by the authority aforesaid , That in all cases hereinafter determined, in any of the Justices' Courts of this State, on the appeal, and the party cast shall be dissatisfied with the decision, if such party will make an affidavit in writing, that he or she is advised and believes that he or she has good cause for certioraring the same to the Superior Court, and that owing to his or her poverty, he or she is unable to pay the cost and give security as required by law, such affidavit shall in every respect answer instead of the certificate of the presiding Justice, that the cost has been paid and security given as now required by law; and the Judges of the Superior Courts respectively, shall grant writs of certiorari on the production of such affidavits, if sufficient cause be shown in the petition and affidavit, any law, usage, or custom, to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 27, 1842. APPROPRIATIONS. AN ACT to appropriate money for the support of Government, for the political year 1843. Section 1. Be it enacted by the Senate and House of Reprepresentatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the following sums of money, be, and the same are hereby appropriated, for the political year 1843: Sec. 2. The salary of his Excellency, the Governor, shall be four thousand dollars per annum. The salary of the Secretary of State, sixteen hundred dollars. The salary of the Comptroller General, sixteen hundred dollars. The salary of the Treasurer, sixteen hundred dollars.

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The salary of the Surveyor General, sixteen hundred dollars. The salaries of the Secretaries of the Governor, not exceeding three, the sum of one thousand dollars each per annum. The salary of the Attorney General and each Solicitor General, two hundred and twenty-five dollars. Sec. 3. The sum of six dollars, each, per day, to the President of the Senate and Speaker of the House of Representatives, during the present session of the General Assembly; and the sum of five dollars each for every twenty miles in coming to, and going from the seat of Government. The sum of four dollars and fifty cents, each, per day, to the members of the General Assembly, during their attendance; and the sum of five dollars each, for every twenty miles in coming to, and going from the seat of Government; Provided , That no member of either branch of the General Assembly shall receive said sums of money, as specified in this act, per day, whilst absent, unless such absence was occasioned from the indisposition of himself or family, nor after he shall have left for the remainder of the session. Sec. 4. The Clerk of the House of Representatives and Secretary of Senate, six hundred dollars each, per annum; Provided , no warrant shall issue for the first quarter's salary of the Secretary of Senate and Clerk of the House of Representatives, until the Executive shall have satisfactory evidence that the said Secretary of Senate and Clerk of the House of Representatives, have respectively made and attached to the Journals of the present session, a good and sufficient Index; Provided , That the Secretary and Clerk, severally, shall furnish to his Excellency, the Governor, satisfactory evidence that they have each filed away all Reports of the Joint Standing Committees, and Resolutions passed by the Senate and House of Representatives. Sec. 5. The sum of six dollars each, per day, to the Secretary and Assistant Secretary of the Senate, the Clerk of the House of Representatives and Assistant Clerk, during the session of the General Assembly; and the sum of sixty dollars each, to said Secretary and Clerk, for contingent expenses, and their recording Clerks. Sec. 6. The sum of five dollars each, per day, to the Enrolling and Engrossing Clerks of the Senate and House of Representatives, during the time they are employed in their respective offices. Sec. 7. The sum of five dollars each, per day, during the present session of the General Assembly, to the Messengers and Door-Keepers of both branches thereof. Sec. 8. The sum of five hundred dollars, as the salary of the Inspector of the Penitentiary, for the political year 1843. Sec. 9. The sum of four dollars per day, to the Clerks

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employed by the Secretary of State, and by the Surveyor General, during the past summer, by the authority of his Excellency, the Governor. Sec. 10. The sum of three hundred and eighty dollars, for the benefit of William J. C. Kennedy, for subsistence furnished the Georgia Troops, while stationed at West Point, during the Creek campaign, in accordance with a concurred resolution of both branches of the General Assembly. Sec. 11. And be it further enacted by the authority aforesaid , That the Judges of the Superior Courts of the Northern, Middle, Western, Flint, Ocmulgee, Southern, Eastern, Chattahoochee, and Cherokee Circuits, each the salary of eighteen hundred dollars; and the Judges of the Superior Courts of the Coweta and South-western Circuits, the sum of twenty-one hundred dollars. Sec. 12. And be it further enacted by the authority aforesaid , That the sum of ten thousand dollars be appropriated as a contingent fund, for the said political year, subject to the order of the Governor; and that the amount of money appropriated as a contingent fund, for the political year 1842, which has not been expended, be considered as belonging to the Treasury, as other unappropriated funds. Sec. 13. And be it further enacted by the authority aforesaid , That the sum of twelve thousand dollars be appropriated as a Printing fund, and two thousand dollars as a Military fund. Sec. 14. And be it further enacted by the authority aforesaid , That the sum of five hundred and twenty-nine dollars and eighty-six cents, be paid to the Justices of the Inferior Court of Richmond county, to reimburse them for the amount advanced to the Receiver of Tax Returns of said county, for making out his tax digest of the year 1840. Sec. 15. And be it further enacted by the authority aforesaid , That the sum of four dollars per day be appropriated to pay E. A. Soullard, for twenty-eight days services as Clerk to the Committee on the Central Bank. Sec. 16. And be it further enacted by the authority aforesaid , That the sum of seventy dollars, be, and the same is hereby appropriated to William W. Stephens and assistant, of Monroe county, for services by him rendered the State, under an Executive demand, in going after, and bringing from Montgomery county, Alabama, Henry Dillard, Joseph K. Dillard, and Henry Jones, to Monroe county, who were charged with simple larceny; and that the same be paid to Mead Lesuer, Esquire. Sec. 17. And be it further enacted by the authority aforesaid , That the sum of ninety-nine dollars and seventy cents, be, and the same is hereby appropriated, to refund to Malchier Wimberly, for so much money advanced by him, in detecting and convicting Calvin Stewart, a fugitive from justice, and pay over the same to A. J. Boggess.

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Sec. 18. And be it further enacted , That the sum of seventy-six dollars and eighty-four cents, be appropriated, to pay the amount of Henry Sutphin, against the United States, for sundry services rendered Henry Mitchell, one of the Monroe Musketeers attached to the Georgia Battalion, during the late Seminole Campaign of the year 1836, by order of the Governor of Georgia. Sec. 19. And be it further enacted , That the sum of six dollars and twenty-five cents be, and is hereby appropriated, for the use of John D. Brown, of Coweta county, an amount paid by him to the Tax Collector of said county, over and above his legal State tax for the year 1842, agreeable to a concurred resolution of both branches of this General Assembly. Sec. 20. And be it further enacted , That the sum of two thousand dollars be, and the same is hereby appropriated, for the support of the Lunatic Asylum for the year 1843. Sec. 21. And be it further enacted , That the Governor be authorized to draw his warrant for fourteen dollars, in favor of James R. Moseley, for the use of William Kettell, for cost paid by him to the Sheriff of Cherokee county, Alabama, for the apprehension of Robert Comer, Monroe Weaver, and others, fugitives from justice, which was done in accordance with the order of his Excellency, the Governor. Sec. 22. And be it further enacted , That his Excellency, the Governor, be, and he is hereby authorized and required to draw his warrant on the Treasury, in favor of Hansel Dillard, for the sum of one hundred and fifty dollars; Provided , no such warrant do issue until said Dillard shall produce satisfactory evidence to his Excellency, that he has delivered unto John Head, of Hall county, the plat and grant for lot of land number one hundred and sixty, in the twelfth district of Hall county, together with the deed of conveyance from said Dillard to said Head, for the before-mentioned lot of land. Sec. 23. That five dollars per diem, be appropriated for each of the extra Clerks, authorized to be employed by the Secretary of State, Treasurer, Comptroller General, and Surveyor General; and four dollars per diem, each, for the seven extra Clerks employed by order of the Senate, to make out the report from the Comptroller General's office, of the taxable property in the State. Sec. 24. The sum of forty-six dollars and eighty-seven cents, to William Remshart, of Chatham county, for a tax twice paid by him. Sec. 25. And be it further enacted , That the sum of one hundred and two dollars and fifty cents, be appropriated to Frederick Smith, for his services in recording four hundred

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and ten head-right plats in the Surveyor General's office, under October of 1835. Sec. 26. And be it further enacted , That there be appropriated to Charles Allen, of the county of Morgan, the sum of eighty dollars, to reimburse him for that amount paid into the Treasury too much, as Tax Collector of said county, for the year 1841; and that N. G. Foster, in his name, receipt the same. Sec. 27. And be it further enacted , That the sum of three hundred dollars be paid to B. B. Smith, Esquire, Treasurer, for carrying out and posting up the Accounts and Books of the late Treasurer, T. Haynes, Esquire; when he shall furnish his Excellency, the Governor, with sufficient evidence that he has performed said duty correctly, and made said Books to correspond with the Books of the Comptroller General. Sec. 28. And be it further enacted , That the sum of one hundred and twenty-five dollars, be appropriated to Thomas N. Paulain; it being the amount overpaid by him for his tax for the years 1841 and 1842. Sec. 20. And be it further enacted , That the sum of thirty-five dollars, be appropriated to Turner H. Trippe, as a balance due him for services as Judge of the Superior Courts of the Cherokee Circuit. Sec. 30. And be it further enacted , That the sum of one hundred dollars, be, and the same is hereby appropriated to David Creamer, for drying, scouring, and taking care of the Senate and Representative Chambers, and making fires in the same. Sec. 31. And be it further enacted , That his Excellency, the Governor, be, and he is hereby authorized to draw his warrant upon the Treasury, for the sum of seventy-eight dollars and sixty cents, in favor of Mrs. Amanda M. Taylor, Executrix of David Taylor, junior, deceased, of the county of Chattooga, for excess of tax paid by her, as such Executrix aforesaid, for the year 1842; and the said sum of money be, and the same is hereby appropriated for that purpose. Sec. 32. And be it further enacted , That the further sum of sixty-seven dollars and fourteen cents, be, and the same is hereby appropriated, to pay the claims of Joseph Crews, for two months and eleven days services, as a mounted volunteer, under the command of Captain David J. Miller, in the campaign of 1838, in suppressing the Creek and Seminole hostilities, and for subsistence furnished Captain Sweat's Company, in 1838, by Harman V. Jeffers.

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Sec. 33. And be it further enacted , That the Surveyor General be allowed two Clerks to aid him in his office; and the Secretary of State be allowed two Clerks; the Treasurer one; and Comptroller General one, for the same purpose; and that each of said Clerks be allowed five hundred dollars. Sec. 34. And be it further enacted , That the sum of three hundred and forty dollars and thirty-four cents, be appropriated to James Kivlin, of Muscogee county, and charged to the United States; which amount was paid out by the said James Kivlin, while acting Military Store-Keeper in the City of Columbus, for the rent of a house to keep secure the arms and ammunition of the State of Georgia, during the Indian war of the year 1836. Sec. 35. And be it further enacted , That the sum of three thousand dollars, or so much thereof as will pay the firm of Harrol, Haser Co., of Charleston, South Carolina; and the sum of five hundred dollars, or so much thereof as will pay the firm of Wiley, Lane Co., of the same city, for articles furnished by them, for the use of the Penitentiary; and the sum of six thousand dollars be appropriated, to purchase Iron for the use of the Penitentiary. Sec. 36. And be it further enacted , That the sum of one hundred dollars, be appropriated to Henry Darnel, for winding up and keeping in repair the State House Clock, and for sweeping the stair-case and gutters of the State House. Sec. 37. And be it further enacted , That his Excellency, the Governor, be authorized to have the interior of the State House repaired, in such manner as he may deem expedient; and that the expenses of such repairs be paid out of the contingent fund. Sec. 38. And be it further enacted , That the sum of eighteen hundred dollars, be, and the same is hereby appropriated, to pay the Honorable Wilson Lumpkin, Disbursing Agent on the Western and Atlantic Rail Road, for the present year. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842.

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AN ACT to provide for the pay, forage, subsistence and transportation, of the troops, ordered out by His Excellency the Governor, and by Generals Knight and Hilliard, for the protection of the southern frontier of this State, against the intrusions of the Seminole Indians. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the sum of fifty thousand dollars be, and the same is hereby appropriated and set apart, for the pay, forage, subsistance, transportation, and all reasonable expenses of the troops, or militia of this State, mounted or otherwise, which have been heretofore, or which may hereafter be ordered out by His Excellency the Governor, for the protection of the southern frontier of this State, against the intrusions of the Indians, or which may have been ordered out for that purpose, by Generals Knight and Hilliard. Sec. 2. And be it further enacted by the authority aforesaid , That said Troops shall receive the same pay, subsistance, forage, and expenses of transportation, as are allowed by the laws of the United States, to mounted volunteers or infantry, in the service of the United States; Provided , That no pay shall be allowed, under this act, except for such time as the officer, or soldier, applying for the same, shall have actually served, nor for any forage subsistance or expenses of transportation, except such as shall have been absolutely necessary. Sec. 3. And be it further enacted by the authority aforesaid , That His Excellency the Governor, shall appoint some fit and proper person, as paymaster to said troops, whose duty it shall be to examine and report to the Governor, all such claims as may be presented under this act, together with the evidence in support of the same, and if the same shall be approved by him, he shall draw his warrant upon the Treasurer, for the amount so established, to be paid over to such paymaster, out of the money hereby appropriated, and the said paymaster shall immediately pay out the same to the officers and soldiers entitled thereto, according to their respective dues. Sec. 4. And be it further enacted by the authority aforesaid , That the paymaster to be appointed under the third section of this act, shall, before he receives any money under this act, give bond and good security, to be approved by his Excellency the Governor, in double the sum hereby appropriated, conditioned well and truly to disburse all such sums of money, as shall come to his hands under this act, according to the true intent and meaning of the same, and to faithfully

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discharge all and singular his duties, as required by this act; and also, shall take an oath, that he will faithfully and truly, to the best of his abilities, discharge the duties imposed by this act, and that he will justly and honestly disburse the money which shall come into his hands pursuant to this act, according to the intent and meaning of the same. Sec. 5. And be it further enacted by the authority aforesaid , That all sums of money disbursed under this act, be charged to account against the government of the United States. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 27, 1842. AN ACT to appropriate the sum of two hundred dollars to Captain David J. Miller, of the county of Ware. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the sum of two hundred dollars be, and the same is hereby appropriated to Captain David J. Miller, of the county of Ware, for money paid out by him, for forage and subsistance furnished the troops under his command, while in the service of the United States, against the Creek and Seminole tribes of Indians, and that the same be charged against the General Government. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842.

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ARSENAL AN ACT to authorize and empower his Excellency, the Governor, to have and cause the roof of the Arsenal, in the city of Savannah, repaired and made water-proof, to preserve the public arms, and for other purposes. Whereas, the public arms in the Arsenal, in the city of Savannah, are unsafe and exposed to danger, from an insecure roof to the Arsenal. Therefore be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That his Excellency, the Governor, be, and he is hereby authorized and empowered, to appoint some fit and proper person, to superintend and repair the roof of the Arsenal, in the city of Savannah, and that he pay for the same, from the Military Fund. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. ASYLUM . AN ACT to amend an act entitled an act to organize the Lunatic Asylum of the State of Georgia, and to provide for the government of the same, and to appropriate a sum of money for the same, assented to 10th December, 1841, and to provide for the disposition of such of the convicts in the Penitentiary, as now are, or may here-after become lunatics, while undergoing the sentence in said Penitentiary. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That when any person shall apply for commitment of any lunatic, epileptic or idiot, he, she or they shall first give written notice to the

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Justices of the Inferior Court of the county in which said lunatic, epileptic or idiot resides, of his, her or their intention, to make such application; and the Justices, or a majority of them, shall appoint a day for hearing and determining upon such application, and the person so applying, shall notify the relations, or nearest of kin to said lunatic, epileptic or idiot, if there be such in said county, of the day set apart for such investigation, at least ten days before such investigation shall be had. Sec. 2. And be it further enacted , That when application shall have been made, agreeable to the provisions of the foregoing sections of this act, the Justices of the Inferior Court, or a majority of them, shall issue a warrant to the Sherriff or deputy of the Sheriff of the county, who shall proceed to summon a Jury of seven men, one of whom shall be a physician, if there be one in the county, to be and appear at the Court House in said county, on a day specified in the warrant, to hear and try the question of lunacy, epilepsy or idiocy, and determine whether such person be a suitable subject for commitment to the Lunatic Asylum; and said Justices, or a majority of them, shall preside at such trials, and administer to the Jurors an oath, faithfully and impartially, to try said issue of lunacy, epilepsy or idiocy, and the verdict of the Jury shall be final in such case, and the said Justices of the Inferior Court shall have the same authority as the Superior Court has by law, to enforce the attendance of Jurors and witnesses, and to inflict for non-attendance. Sec. 3. And be it further enacted , That the Trustees appointed under and by virtue of the act of which this is amendatory, shall receive each, for their services, the sum of seventy-five dollars per annum, from such sums as have and may be appropriated from time to time to said Asylum. Sec. 4. And be it further enacted , That the subjects in said Asylum be under the care of the Steward of the same, until, in the discretion of the Trustees, other provision be necessary and that said Trustees be authorized to dispense with a resident physician at said Asylum, until, in their discretion, the same be necessary, and in the mean time, employ such medical aid as the number and condition of the inmates may demand, not to exceed the sum of two hundred dollars per annum for such services. Sec. 5. And be it further enacted , That it shall be the duty of the physician to the Penitentiary of this State, when he discovers that any one of the convicts in said Penitentiary have become lunatic or insane, to certify the same to the Principal Keeper of said Penitentiary, and it shall be the duty of such Principal Keeper, upon the receipt of such certificate, to transfer said convict to the Lunatic Asylum of this State, and shall send, together with such convict, a copy of

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said certificate, together with the day on which the term of service of such convict will expire in said Penitentiary, and the county from which he was sentenced. Sec. 6. And be it further enacted , That it shall be the duty of the proper officer in charge of said Asylum, to recive said convict, and to file such certificate and memorandum of the time of the expiration of his sentence, and shall keep said convict so sent, as other inmates of said Institution, for and during the time for which he was sentenced to said Penitentiary: Provided , That if such convict shall recover from his lunacy or insanity before his term of sentence has expired, the fact shall be certified by the physician to the Asylum, to the Principal Keeper of the Penitentiary, whose duty it shall be, forthwith to send a suitable guard for such convict so recovered, and take him back into said Penitentiary, to serve out his sentence. Sec. 7. And be it further enacted , That lunatics from the Penitentiary shall be kept at said Asylum, at the charge of the State, for and during the time of the sentence in said Penitentiary. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. ATTACHMENTS. AN ACT to amend an act entitled an act, in addition to, and amendatory of, the several acts to regulate Attachments in this State, and to authorize remedies in certain cases, passed December 8, 1820. Be it enacted , That, from and after the passage of this act, that said recited act be so amended, as to give endorsers of notes, obligations, and all other instruments in writing, the same rights as securities now have by the provisions thereof. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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ATTORNEYS. AN ACT to authorize certain persons therein named, to plead and practice law in the several Courts of law and equity in this State, on certain conditions therein expressed. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That, from and after the passage of this act, A. Thompson McIntyre and Henry P. Heeth, of the county of Thomas; William S. Norman, of the county of Liberty; Richard M. Johnston, of the county of Hancock; Oliver H. Prince, of the county of Bibb; William A. Ramsey and William A. Walton, of the county of Richmond; Robert H. Griffin, W. P. Goodwin, and John Love Lowrie, of Chatham county; Samuel M. Rice, of Cobb county; Rufus William McCune, of Butts county; George N. Lester, of the county of Forsyth; Ambrose R. Wright, of the county of Jefferson; Wiley C. Adams, of the county of Clark; and Lewis F. Robinson, of the county of Wilkes, be, and they are hereby permitted to plead and practice law in the several Courts of law and equity in this State; Provided , they shall undergo an approved examination, before some Superior Court of Georgia, according to the law and rules prescribed in such cases; and on their admission, that they shall be liable for all their contracts, in the same manner as if they were of full age. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to authorize certain persons therein named, to plead and practice law in the several Courts of law and equity in this State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Oliver

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H. Prince, Thomas Collins, James S. Smith, of the county of Bibb; John Love Lowrie, Robert H. Griffin, and William T. Goodwin, of the county of Chatham; William B. Thomasson, of the county of Heard; William H. Thurmond, of the county of Jackson; William S. Norman, of the county of Liberty; Robert H. Taylor, of the county of Meriwether; Hamilton G. Quarl and James M. Quarl, of the county of Stewart; Augustus H. Culbertson, of the county of Walker; Lewis T. Robinson, of the county of Wilkes; Jeremiah S. Mitchell, of the county of Muscogee; Wiley C. Adams, of the county of Washington; William L. Fletcher, of the county of Meriwether; Franklin Hendricks, of the county of Butts; and Augustus H. Gibson, of the county of Sumter, be, and they are hereby authorized and permitted to plead and practice law in the several Courts of law and equity in this State, under the same rules and regulations as though they were of full age. Sec. 2. And be it further enacted by the authority aforesaid , That all laws, and parts of laws, militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. BANKS . AN ACT to alter and amend an act incorporating the Bank of Brunswick, with Banking privileges, to be located at Brunswick; and also to authorize the removal of said Bank. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the Stockholders in the said Bank of Brunswick, be and they are hereby authorized to remove the said Bank to the city of Augusta, where they shall be entitled to use and exercise all the privileges conferred upon them by the said act of incorporation. Sec. 2. And be it further enacted by the authority aforesaid , That the capital stock of said Bank shall not be increased

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beyond the present capital of two hundred thousand dollars. Sec. 3. And be it further enacted by the authority aforesaid , That whenever any notice shall be given as required by the act of incorporation the same shall be published in three of the public gazettes, at, or nearest to the city of Augusta. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 24, 1842. AN ACT to be entitled an act, to repeal the acts and parts of acts, therein mentioned; and to amend the charter of the Central Bank of Georgia, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the fourth section of the act entitled an act, to amend an act to establish a Bank at Milledgeville, to be called and known by the name and style of the Central Bank of Georgia, and to extend the charter thereof, to appropriate monies, c.; to increase the capital stock of the same, assented to December the twenty-ninth, eighteen hundred and thirty-eight; also, the fifth section of an act, entitled an act to repeal an act entitled an act, to alter and amend an act to establish a Bank at Milledgeville, to be called and known by the name of the Central Bank of Georgia, c., passed on the twenty-second day of December, eighteen hundred and twenty-eight, passed the twenty-third day of December, eighteen hundred and thirty-nine; and to provide for the protection of the circulation of said Bank and other purposes, assented to, on the twenty-third day of December, eighteen hundred and forty; also, the resolution passed the ninth day of December, eighteen hundred and forty, requiring the Directors of the Central Bank to pay in current funds the scrip or evidence of debt issued, and due by the commissioners of the Western and Atlantic Rail Road c.; and also, the act entitled an act to direct the Central Bank of Georgia to pay the interest upon the public debt, passed the thirteenth day of December, eighteen hundred and forty-one; also, the first section of an act entitled an act, to alter and amend an act to establish a Bank at Milledgeville, to be called and known by the name of the Central Bank of Georgia, c.; passed on the twenty-second day of December, eighteen hundred and twenty-eight,

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assented to, December the twenty-first, eighteen hundred and thirty-nine; be and the same are hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That no appropriation, or any balance of appropropriation, that now remains unpaid, shall be paid by the Central Bank of Georgia; but that all such appropriations together with the public debt, and the interest accruing thereon, shall be paid at the Treasury, and not elsewhere; Provided , That nothing herein contained, shall be so construed as to exempt said Bank from the payment of the bonds, and the interest accruing thereon, which have been, or which may hereafter be issued, and applied to the redemption of the bills of said Bank. Sec. 3. And be it further enacted by the authority aforesaid , That the President and Directors of the said Central Bank, are hereby prohibited from discounting any new paper whatsoever, or purchasing any bond, note, bill of Exchange, or in any manner issuing or payingout any new bills of said Bank, or re-issuing or payingout any of the old; Provided , That no endorser or endorsers, shall be prohibited from renewing any note, according to the provisions of the charter in force; Provided further , That nothing herein contained, shall be so construed as to prohibit them from issuing one and two dollar bills, for larger notes, as is now provided by law. Sec. 4. And be it further enacted , That the funds and revenues of the State after paying current expenses of the Government, and the interest of the public debt, shall be applied, and paid to the redemption of the bills of said Bank, and that the honor and faith of the State is hereby bound for the redemption of said Bills. Sec. 5. And be it further enacted , That no further discounts or advances, shall be made by the Directors of said Bank for or to the Penitentiary, or any of its officers, or any purchaser at the Penitentiary sales. Sec. 6. And be it further enacted , That it shall be the duty of the Directors of the Bank to have burned, the amount of bills issued by them, that they have, or may hereafter redeem, which shall be done quarterly, in each and every political year, in the presence of the Governor; and record the amount thus burned, and report the same in their annual report. Sec. 7. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 22, 1843.

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AN ACT to amend an act entitled an act, to compel the several Banks of this State to redeem their liabilities in specie, and to provide a forfeiture of such as may refuse, assented to on the 18th December, 1840; and an act entitled an act, for the relief of certain Banks, which have suspended specie payments, against which judicial proceedings, have been instituted, for the forfeiture of their charters; assented to on the 10th December, 1841. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That in all cases where judicial proceedings have been commenced by the State against any Bank or Banks, which have already become amenable to the provisions of the said act of the eighteenth December, eighteen hundred and forty, and have failed to comply with the requirements of the act of the tenth December, eighteen hundred and forty-one, upon a final trial of such proceeding, and the rendition of a verdict on which a judgement of forfeiture should be pronounced, the judge shall pronounce the judgment of the dissolution of said corporation, for all purposes whatsoever, saving and excepting as to its power in its corporate name, to collect and pay its debts, and to sell and convey its estate, real and personal, which power shall be exercised by the receiver or receivers, whose appointments are herein provided for, in the name of said corporation, subject to no control whatever by the said corporation or its officers; and it shall be the duty of the Governor, on being notified thereof, by the judge before whom such case was determined, to appoint three competent persons, as receivers for the same, who shall not be indebted to said Bank, and who shall give bond and approved security to the satisfaction of the Governor, in a sum equal to double the amount of stock subscribed for and paid into said Bank, conditioned for the faithful performance of the trust reposed in them, whose duty it shall be to take charge of, and collect as early as practicable, the debts and demands due, and owing to said Bank, and to pay off and discharge the liabilities of said Bank. Sec. 2. And be it further enacted , That should the persons so appointed, refuse to become receivers, as provided for in the foregoing section, it shall be the duty of the Governor to appoint a receiver, to take charge of the assets of said Bank or Banks, who shall give bond and approved security as aforesaid, in the sum of two hundred thousand dollars, conditioned as aforesaid, for the faithful performance of the trust reposed in him, and who shall in like manner, as is required of the persons appointed in the foregoing section, proceed to collect, as early as practicable, the debts and demands due and owing to said Bank, and to pay off and discharge the liabilities

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of said Bank; Provided nevertheless , That so soon as said receiver shall have collected a sufficient amount from the assets of said Bank, to pay off all its liabilities, he shall forthwith turn over to the stockholders, or to whomsoever they may appoint for that purpose, the balance of said assets remaining in his hands, and the said persons so appointed, or receiver, as the case may be, shall receive as full compensation for their services, one and a half per centum for the first fifty thousand dollars collected and paid out by them or him, one per centum on the next hundred thousand dollars, so collected and paid out, and one half of one per centum for any balance they may so collect and pay; and in case of extraordinary services, his Excellency the Governor, shall allow such receivers, such additional compensation, as he shall deem reasonable. Sec. 3. And be it further enacted , That the issues of said Bank or Banks, shall first be paid off and redeemed; Provided , That after due notice to the bill holders for three successive months, published in two of the public Gazettes published in the city of Milledgeville, if said issues shall not then have been presented for payment, the said persons so appointed, or receiver, shall proceed to pay off and discharge such other liabilities as may be due and owing by said Bank, in such manner as may be satisfactory to the creditors of said Bank; And provided also , That the persons so appointed, or receiver aforesaid, shall hold over and retain a sufficient sum to pay off said issues, for a term not exceeding twelve months from the date of their appointment as receivers or receiver. Sec. 4. And be it further enacted , That should said persons so appointed, or receiver, as the case may be, convert any portion of said assets, to their, or his individual use and benefit, or for any other purpose, than the payment of the liabilities of said Bank, except for necessary contingent expenses, and for the services of a competent clerk or officer, they shall be held liable to indictment, as for larceny, after a trust delegated; and upon conviction thereof, shall be punished by confinement at hard labor in the Penitentiary, for a term of not less than three nor more than five years, at the discretion of the judge before whom said case may be tried. Sec. 5. And be it further enacted , That if the property, effects, and assets of said Bank or Banks, shall prove insufficient to pay its debts and liabilities, then and in that case it shall be the duty of said receivers, immediately to institute suit or suits, in their own names, as such receivers, against each of the stockholders of such Bank, or the representatives of such stockholders, for the purpose of recovering from them, their proportionate part of such deficiency, according to the terms of the charter of such Bank or Banks, and such

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money when so collected, shall be divided among the creditors of such Bank or Banks, as in other cases hereinbefore directed. Sec. 6. And be it further enacted , That when all the debts due by said Bank or Banks, shall have been paid off and discharged, the persons who may have been appointed receivers as aforesaid, shall collect and divide the remaining assets among the respective stockholders in proportion to the amount of stock held by them. Sec. 7. And be it further enacted , That this act shall not be construed as to effect the Central Bank of this State, in any manner whatever. Sec. 8. And be it further enacted , That all actions brought by said receivers, shall be in the name of said receivers; and in case of the death of any one of said receivers before final judgement, said action shall not thereby abate, but shall proceed to judgment, as if no such death had taken place. Sec. 9. And be it further enacted , That said receivers or receiver, shall not pay more than a prorata share to each creditor of said Bank or Banks. Sec. 10. And be it further enacted , That all laws and parts of laws, militating against the provisions of this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 13, 1842. AN ACT to permit all the specie paying solvent Banks of this State, to issue bills of a denomination less than five dollars. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, all specie paying and solvent Banks in this State, be, and they are hereby authorized to issue small bills of the denomination of one, two, three and four dollars, to an amount not exceeding five per cent of their capital stock.

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Sec. 2. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 27, 1842. AN ACT to authorize and require the Governor to dispense with two of the three Directors of the Central Bank, from and after the first Monday in January next. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Governor is hereby required to dispense with two of the three Directors of the Central Bank, from and after the first Monday in January next. Sec. 2. And be it further enacted by the authority of the same , That all acts and parts of acts militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 28th, 1842. AN ACT to authorize the President, Directors and Company of the Bank of Augusta, to sell a portion of their real and personal property, for their own stock; to purchase such of their own stock as may be hypothecated to them; to reduce the number of their Directors; and to amend the several acts relating to said Bank. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That it shall be

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lawful for the President, Directors and Company of the Bank of Augusta, at any time hereafter, on the sale of any real estate, public or private stocks, or other property held by them, to receive payment therefor in their own stock, or cash, at the option of the purchaser; and also, to purchase, or take in payment, such shares of the capital stock of said Bank, as now are or hereafter may be hypothecated to them by way of security for money loaned. Sec. 2. And be it further enacted by the authority aforesaid , That the President, Directors and Company of the Bank of Augusta, be and they are hereby authorized to reduce the number of Directors thereof to twelve, to be elected and appointed in the manner following; that is to say, while the State of Georgia retains her present amount of stock in said Bank, ten Directors shall be elected by the individual stockholders, and two appointed by the State; if the interest of the State should be reduced to one half its present amount, then eleven Directors shall be elected by the individual stockholders, and one appointed by the State; who, upon parting with her entire interest therein, shall lose all right of appointment, whereupon the whole number of twelve shall be elected by the remaining stockholders. Sec. 3. And be it further enacted by the authority aforesaid , That from and after the passage of this act, five Directors shall be sufficient to form a board for the transaction of business of whom the President shall always be one, except in case of sickness or necessary absence; in which case his place may be supplied by any other director whom the majority of directors present may nominate for that purpose. Sec. 4. And be it further enacted by the authority aforesaid , That the said the President, Directors and Company of the Bank of Augusta, and the State of Georgia as a stockholder therein, shall respectively under this act, have, possess, exercise, and enjoy, all and singular the rights, privileges, and immunities heretofore had, possessed, exercised or enjoyed, by them respectively, under the act passed on the sixth day of December, eighteen hundred and ten, entitled an act to incorporate the Bank of Augusta; and the act passed on the twenty-second day of December, eighteen hundred and twenty-six, entitled an act to extend the charter of the Bank of Augusta, and to authorize an increase of the capital, except in so far as the same may be modified by the provisions of this act. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842.

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AN ACT to authorize the removal of the Bank of St. Marys, and the Bank of Hawkinsville; and to alter and amend the acts incorporating said Banks. Section 1. Be it enacted by the Senate and 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 Board of Directors of the Bank of St. Marys, be and they are hereby authorized to remove said Bank from the town of St. Marys to the city of Columbus, in the State of Georgia, where they may exercise all the privileges conferred on them by the act of incorporation. Sec. 2. And be it further enacted by the authority aforesaid , That from and after the first Monday in January next, the said Bank may be managed by a Board of Directors, consisting of five persons, three of whom shall form a quorum to do business. Sec. 3. And be it further enacted by the authority aforesaid , That all called meetings of the stockholders in said Bank of St. Marys, after the removal of said Bank, shall be held in the city of Columbus, and shall be advertised in one of the gazettes of the city of Savannah, Augusta and Columbus, at least thirty days previous to the meeting. Sec. 4. And be it further enacted by the authority aforesaid , That the Board of Directors of the Bank of Hawkinsville be, and they are hereby authorized to remove said Bank of Hawkinsville, from the town of Hawkinsville to the city of Macon, where they are authorized to exercise all the privileges which have been conferred upon them by the act of incorporation. Sec. 5. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 27th, 1842.

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BRIDGES. AN ACT to establish Zechariah White's Bridge, across Flint River, at the Flat Shoals, between Meriwether and Pike counties, and to rate the ferriage of the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, Zechariah White shall be entitled to ask and receive toll from all persons who may hereafter cross Flint River on his Bridge, at and after the following rates, to wit: for each wagon with four horses, mules or oxen, fifty cents; for each four-horse coach, fifty cents; for each two-horse pleasure carriage, thirty-seven and a half cents; for each one-horse carriage, twenty-five cents; for each ox-cart, twenty-five cents; for each man and horse, twelve and a half cents; for each led horse, six and a fourth cents; for each loose horse, three cents; for beef cattle, three cents per head; stock cattle, two cents per head; for sheep, goats, hogs, c., one and a half cents per head. Sec. 2. And be it further enacted by the authority aforesaid , That the said Zechariah White shall be entitled to receive the above stated toll, and that should any damage happen to any person or persons crossing the aforesaid Bridge, by any neglect of the aforesaid Zechariah White, that he shall be liable to an action of damage, in any Court having jurisdiction thereof. Sec. 3. And be it further enacted by the authority aforesaid , That if any person or persons shall damage, destroy or injure the said Bridge aforesaid, that they shall be subject to an indictment in the Superior Court of the county, and be subject to fine at the discretion of the Court. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842.

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AN ACT to authorize George W. Houston, and his associates, to erect a Bridge across the Chattahoochee River, on his own land, at their Ferry, in the twentieth district, of the county of Harris. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, George Houston and his associates be, and they are hereby authorized and empowered, to establish and erect a toll Bridge across the Chattahoochee River, on their own land, in the twentieth district of Harris county; and that the said George Houston and his associates, their heirs and assignees be, and they are hereby authorized and empowered, to demand and receive the same rates of toll, as are received and established at the Bridge in West Point, in the county of Troup. Sec. 2. And be it enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to authorize John T. Cooper, of the county of Harris, to erect a Toll Bridge across the Chattahoochee River, on his own land, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the said John T. Cooper be, and he is hereby authorized, to erect and establish a toll Bridge across the Chattahoochee River, on his own land, leaving the Georgia side on fraction number three hundred and sixty-four, near the South line, running East and West. Sec. 2. And be it further enacted by the authority aforesaid , That the said John T. Cooper shall be entitled to demand and receive such rates of toll for crossing upon said Bridge, as are usual and customary for crossing at the several Ferries and Bridges below and above said Bridge, on said river.

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Sec. 3. And be it further enacted by the authority aforesaid , That it shall be the duty of the said John T. Cooper, and his successors, in the proprietorship of the said Bridge, to keep the same, at all times, in good, sufficient and safe repair, and to give due attendance thereof; and if, at any time, damages shall happen to any person or persons, or their property, by reason of the insufficiency of said Bridge, the non-attendance or neglect of the keeper thereof, or by the charge of more than the established rates herein authorized, the person so aggrieved or damaged, shall and may have an action against the owner of such Bridge. Sec. 4. And be it further enacted by the authority aforesaid , That it shall be the duty of the proprietor of the said toll Bridge, to fix, as soon as the same shall be used, a board, in a conspicuous situation, on the said Bridge; the board to be painted black, with white legible characters written on the same, noting the different rates of toll allowed by law, as hereinbefore expressed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to declare what shall be deemed agricultural products, so far as relates to the same being permitted to pass the Bridge at Columbus free of toll. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That cotton, corn, fodder, oats, wheat, rye, and potatoes, shall be the only products that shall be permitted to pass the Bridge at Columbus, free of tolls, any law to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 26th December, 1842.

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BURYING GROUNDS. AN ACT to protect private Burying Grounds from injury and destruction. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, that whenever any vender of real estate, upon which there is a burying ground situate, shall choose to reserve the same from sale in the deed of conveyance; the purchaser or purchasers under him, shall not be permitted to infringe in any manner, upon the same, but shall preserve, and as far as possible, protect the same from both injury and destruction. Sec. 2. Should any person or persons, by themselves and servants, mutilate, or in any wise, injure and destroy the same, he, she or they shall be guilty of a trespass; and when found guilty upon an indictment, shall be subject to a fine of five hundred dollars. Sec. 3. Whenever real estate shall hereafter be sold by any Sheriff, Marshal, Coroner, Administrator, or Executor, a reservation of the burying ground shall be made; and all trespasses upon the same, shall be liable under the second section of this act. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. CERTIORARIES AND INJUNCTIONS. AN ACT to amend an act to regulate the granting of Certioraries and Injunctions in this State, passed December 16th, 1811. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and

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after the passing of this act, the third section of the above recited act, be so altered and amended as to authorize the Judges of the Superior Courts of this State, to grant Injunctions upon such security and under such terms, as in their discretion such case may require. Sec. 2. And be it further enacted by the authority aforesaid , That it shall be lawful for a second Injunction to be granted in certain cases, where a previous Injunction may have been dismissed, for cause not connected with the merits of the case, and when the Judge to whom the application may be made, shall be satisfied that a second Injunction should issue. Sec. 3. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. CHANGE BILLS. AN ACT to amend the laws of this State regulating the circulation of Change Bills, and to repeal so much thereof as makes it penal and criminal for innocent holders of such bills to pass or circulate the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, all laws of this State, making it penal or criminal for innocent holders of Change Bills to pass or circulate the same, be, and the same is hereby repealed: Provided always , That no part of this act shall be so construed, as to relieve the makers of Change Bills from the penalties of the law. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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CHURCHES AND CAMP GROUNDS. AN ACT to incorporate certain Churches and Camp Grounds therein named, and to appoint Trustees for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Richard W. Habersham and John R. Mathews, Church Wardens, and George D. Phillips, Jacob Waldburg, J. L. Dobbins, John Wily, and Richard W. Habersham, Junior, Vestrymen, and their successors in office be, and they are hereby declared to be a body corporate, by the name and style of the Church Wardens and Vestrymen of the Episcopal Church, in Clarksville, called Grace Church, and that they and their successors in office shall be, and they are hereby invested with all manner of property, whether real or personal, and all monies and donations, gifts, grants, privileges and immunities whatsoever, which may or do now belong to the said Church, or which may hereafter be given, granted or conveyed to the said Church, or which may be made or transferred to them or their successors in office, to have and to hold the same for the proper use and benefit of the said Church; and the said Church Wardens and Vestrymen, and their successors in office, are hereby made able and capable of suing and being sued by their corporate names as aforesaid, and of using all necessary legal steps for recovering and defending any property whatsoever, which the said Church now holds, or may hold, claim or demand, and also, with power to make all necessary regulations and rules, and to recover, in their name or otherwise, as well the said monies as other property, with all rents, issues and profits of the same, or of any lands, monies or other estate belonging thereto, or any part thereof. Sec. 2. And that the said Church Wardens and Vestrymen shall hold their offices until the fourth day of July next, and on that day, and on every other fourth day of July annually thereafter, the members and supporters of the Gospel in the said Church, shall convene at the Church, and then elect from among the members or supporters of the Gospel, in the said Church, two discreet persons as Church Wardens, and five discreet persons for Vestrymen for the said Church, who shall be, and are hereby declared to be vested with all necessary powers, to carry the purposes intended by this act fully into effect; and that all acts and contracts done and made heretofore by the board of Wardens and Vestrymen of the said Church, or by the authority of the said board, or by a majority of them be, and they are hereby declared to

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be good and valid, and binding on the said corporation; and that the act passed at the last session of the Legislature incorporation the said Church, be and the same is hereby repealed. Sec. 3. And be it further enacted by the authority of the same , That the Methodist Church in Lee county, near the residence of Green Knowles, in the thirteenth district, shall be known and called by the name and style of the Cany Head Methodist Church, and that Isaac O. Edwards, Edward Moreland, Leroy Stanford, Almerena Brunson, John W. Jordin, George C. Ticner, Thomas High, and their successors in office be, and they are hereby appointed a body politic and corporate, by the name and style of the Trustees of the Cany Head Methodist Church; and as such shall be capable in law, to sue and be sued, to receive by gift or otherwise, and to hold, use and dispose of any property which may be given, or which may belong to said Church, and shall have power to make all by-laws necessary and proper, for carrying their powers into effect: Provided , The same shall not be contrary to the Constitution of this State, and may use a common seal, and appoint such officers as to them may appear proper, and to remove the same; and when any vacancy occurs in the board of Trustees by death, resignation or otherwise, the remaining Trustees shall have power, or a majority of them may appoint, as their by-laws shall direct. Sec. 4. And be it further enacted by the authority aforesaid , That the Baptist Church, in the county of Glynn, near the residence of John Burch, Senior, shall be known and called by the name and style of the Bethel Baptist Church, and that the Trustees of said Church and their successors in office be, and they are hereby appointed and made a body politic and corporate, by the name and style of the Trustees of the Bethel Church; and as such shall be capable in law to sue and be sued, to receive by gift or otherwise, and to hold and dispose of any property they may become possessed of by gift, purchase or otherwise, and shall have power to make all by-laws necessary and proper for carrying their powers into effect, not repugnant to the Constitution of this State, and that of the United States; and that the said Baptist Church shall be known and called by the name of the Macedonia Baptist Church, and that the Trustees hereafter to be appointed by said Church and their successors in office, are made a body politic and corporate, by the name and style of the Trustees of Macedonia Baptist Church. Sec. 5. And be it further enacted , That when any vacancy in the board may happen by death, resignation or otherwise, such vacancy shall be supplied by the election or appointment of others, by the remaining Trustees or a majority of them, in such manner as their by-laws may direct.

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Sec. 6. And be it further enacted by the authority of the same , That Seth Knight, James Moore, Sen., Francis Smart, Jacob Simmes, Jesse Kicklighter, and their successors in office, are declared and known by the name and style of the Trustees of the Beard's Creek Baptist Church, in the county of Tatnall; they and their successors shall have power to form such by-laws for the government of their Church as they may think proper, not repugnant to the Constitution of this State, or of the United States. Sec. 7. And be it further enacted by the authority aforesaid , That Charles K. Lewis, John Hughs, Thomas J. Park, and Robert McCarry, are hereby appointed Trustees of the Sharon Camp Ground, in the county of Murray, and are hereby declared a body politic and corporate, with power to fill all vacancies occasioned by death, resignation or otherwise, or a majority of them, and make such by-laws, rules or regulations necessary for the government of the same, not inconsistent with or contrary to the laws of this State. Sec. 8. And be it further enacted by the authority aforesaid , That Aaron Hardy, Benjamin Tutt, Senior, Harvey Wheat, William Pascal, James C. Duval, Hugh Anderson, John W. Parks, Robert Ware, Senior, and James S. Lofton, are hereby appointed Trustees of the Wheat's Camp Ground, in the county of Lincoln, and are hereby declared a body politic and corporate, with full powers to make all necessary by-laws for the regulations of said Camp Ground, and shall have full power to fill all vacancies occasioned by death, resignation or otherwise. Sec. 9. And be it enacted by the authority aforesaid , That Myles G. Harris, William H. Sayre, and Algernon S. Brown be, and they are hereby incorporated Trustees of the Presbyterian Church in Sparta, and that they and their successors be a body corporate, by the name and style of Trustees of the Presbyterian Church in Sparta; and that the said Trustees shall have ability to receive and hold to the use of said Church, by gift, grant, devise or bequest, any property whatever, and shall be capable of suing and being sued, and of conducting the secular affairs of said Church. Sec. 10. And be it further enacted by the authority aforesaid , That in case of a vacancy in said board of Trustees by death, resignation or otherwise, the remaining members shall fill the vacancy; and if, at any time, from any cause whatever, there shall be no Trustees in office, it shall and may be lawful for the members of said Church to select three persons, Trustees of said Church, in whom all the rights and privileges hereby granted, or with which the Church may be invested, shall vest for the use and benefit of said Church: Provided , Nothing in this act contained shall prevent any future

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Legislature from altering, amending or abolishing any of the charters or corporations herein granted. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. AN ACT to incorporate the Monroe Camp Ground, in the county of Monroe, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That James Thweatt, Thomas Battle, Charles Y. Caldwell, Rowland Redding, James Norris, William C. Redding, and Abner T. Holt, and their successors in office be, and they are hereby declared to be a body corporate, under the name and style of the Trustees of the Methodist Monroe Camp Ground, lying eight miles below Forsyth, on the Rail Road, in Monroe county. Sec. 2. And be it further enacted by the authority aforesaid , That the Trustees of the said Monroe Camp Ground be, and they are hereby authorized, to pass such by-laws, and make such regulations as they may deem necessary and proper (not inconsistent with the laws and Constitution of this State,) for the good order and government of the same; and that they have full power and authority to appoint all necessary officers to carry the same into effect, and again to remove from office and to appoint others in their stead. Sec. 3. And be it further enacted by the authority aforesaid , That the Trustees of said Monroe Camp Ground shall have full power and authority to pass by-laws to suppress all riotous and disorderly conduct on said Camp Ground, and within its corporate limits; and to that end, upon oath being made by any one or more of them, before any Justice of the Peace, he shall be authorized to issue his warrant or warrants to arrest the offender and bind him, her or them over to the next Superior Court of Monroe county, to answer to such indictment as may then be preferred against them, or either of them, which warrant may be served by the officer of said board, or any Sheriff, Coroner or Constable of the county. Sec. 4. And be it further enacted by the authority aforesaid , That in all cases where colored persons are the offenders, the

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board of Trustees, or a majority of them, may inflict corporal punishment agreeable to the offence committed by whipping with a whip, cow-hide or switch, not exceeding forty lashes, which shall be laid on by the officer appointed, or by a Constable of the county. Sec. 5. And be it further enacted by the authority aforesaid , That the corporate limits of said Camp Ground shall extend one-half mile in every direction from harbor or place of public preaching, at said Camp Ground. Sec. 6. And be it further enacted by the authority aforesaid , That the said Trustees have full power and authority to fill all vacancies that may happen by death or otherwise. Sec. 7. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to incorporate the Protestant Episcopal Church in the town of Marietta, under the name and style of the Church-wardens and Vestry of St. James' Church, in Marietta; and to incorporate the Home Industry Society, of the city of Augusta. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and convened , That S. H. Long, and W. Root, church-wardens, and J. F. Cooper, C. F. M. Garnett, and H. L. Currier, vestry-men, and their successors in office be, and they are hereby made a corporation and body politic, under the name and style of the Church-wardens and Vestry of St. James' Church in Marietta, with the right of perpetual succession, and the power to contract and be contracted with, to sue and be sued, to plead and be impleaded, to use a common seal, to hold, possess, and convey property, both real and personal, and generally to do and perform all other acts incidental to corporations aggregate. Sec. 2. And be it further enacted , That the said Church-wardens and Vestry, and their successors in office, shall have power to make, ordain and establish all needful by-laws,

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rules and regulations for the government and management of the affairs of the said corporation, as to them shall seem expedient: Provided , the same shall not be repugnant to the laws and Constitution of this State, or to the cannons of the Protestant Episcopal Church, in the diocese of Georgia: and provided further , in all corporate acts, that three of the said Church-wardens and Vestry shall be necessary to constitute a quorum; and the concurrence of a majority of those present, shall be sufficient to render their acts valid and obligatory. Sec. 3. And be it further enacted , That Daniel Hook, John Wightman, Andrew McLean, John Winter, Stephen T. Chapman, William Haines, Junior, Charles B. Hitt, John P. Force, Edward Thomas, and Stephen H. Oliver, their associates and successors, be and they are hereby constituted and made a body politic and corporate, by the name and style of the Home Industry Society of the city of Augusta, under which name they are authorized and empowered to use and exercise all the powers and privileges necessary to carry on the business of said corporation; and with power to the members thereof to make all by-laws, rules and regulations necessary for the government of said corporation, not repugnant to the laws of this State. Sec. 4. And be it further enacted , That the capital stock of said corporation shall not exceed twenty thousand dollars; that the same shall be divided into shares, and shall be controlled and managed for the purpose of furnishing employment to the industrious poor of the city of Augusta. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to incorporate certain Camp Grounds therein named, and to appoint trustees for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That John Rogers, William Rogers, Isaac Baring, Jackson Grayham and John Baring, of the county of Forsyth, be and they are hereby appointed trustees of the Warsaw Camp Ground;

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and that Julius Bates, Samuel Miller, William S. Oates, Martin Keith, and Benjamin Loughridge, be and they are hereby appointed trustees of the Pleasant Valley Baptist Camp Ground in the county of Murray; that James Thweat, Thomas Battle, Charles Y. Caldwell, Rowland Reading, James Norris, William C. Reading and Abner T. Holt, be and they are hereby appointed trustees of the Monroe Camp Ground, in the county of Monroe; and that Thomas Cafield, Green Cafield, Thomas M. Wyatt, Henry Cumming, and Jonathan L. Thomas, be and they are hereby appointed trustees of the Harmony Methodist Episcopal Camp Ground, in the county of Troup; and that the Deacons of the Island Creek Baptist Church, in the county of Hancock, be and they are hereby made a body politic, and that they and each of the before mentioned trustees and deacons be and they are hereby made capable and able in law, of suing and being sued, pleading and being impleaded unto, and to pass all laws necessary for the government of said Camp Grounds and Churches: Provided , the same be not inconsistent with the laws and Constitution of this State, or of the United States. Sec. 2. Be it further enacted , That the trustees and deacons, as aforesaid, and their successors in office, shall be invested with all manner of property, real and personal; all moneys due, or to become due; donations, gifts, grants, purchases, privileges and immunities whatsoever, which shall or may belong to the said Camp Grounds and Churches severally at the time of passing this act. Sec. 3. And be it further enacted , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to amend an act entitled an act to incorporate the Baptist Convention of the State of Georgia, passed the 22d December, 1837. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and

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after the passage of this act, that the corporation created by the above described act, by the name of the Trustees of the Mercer University, shall be capable of, and are hereby authorized, to take, receive, hold and enjoy all kinds of property whatsoever, whether real, personal or mixed, by gift, grant, devise or purchase, or in any other manner, and such property to bargain, sell, alien and convey at pleasure, for the purposes of said corporation. Sec. 2. And be it further enacted , That all laws and parts of laws, militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. AN ACT to incorporate certain Churches and Camp Grounds therein named, and appoint Trustees for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That David Fair, Ebenezer Witzel, Thomas Wilson, Thomas Davenport, and John B. Smith, for the Toccoy Methodist Episcopal Camp Ground; and that Robert Smith, John Dunn, Lewis D. Elington, Henry Wikel, and John Adington, for the Coticay Camp Ground, in Gilmer county; and William R. May, Pleasant L. J. May, William T. Shearley, George R. Hunter, Thomas C. Howard, Thomas Rains, and Colbert, for the Knoxville Camp Ground, in Crawford county; and James Fitzgerald, Casswell Smith, James Adams, John Fitzgerald, and Winfield W. Smith, for the United Baptist Church and Camp Ground, at Summer Hill, in Stewart county; and William W. D. Weaver, Charles J. Burk, Walker Lewis, Thomas Hart, James Dalvin, Archibald Carlton, and Ambrose Hutcheson, for the Hastings Methodist Episcopal Camp Ground, in Green County; and John B. Reid, Garlington Lick, James A. McGehee, David Smith, and Joseph Deason, for Mount Zion Methodist Episcopal

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Camp Ground, in Pike county; and William Shivers, Senior, James H. Middlebrook, Edward F. Birdsong, James S. Latimer, William S. Wilson, Benjamin F. Medlock, and Montgomery S. Medlock, for the Methodist Episcopal Church, in the county of Hancock, near Shiver's Mills; and that Alexander Kemp, Peter Redick, William Griner, Thomas Lovett, and Elijah Roberts, for the Beaverdam Camp Ground, in Scriven county, shall be, and they and their successors in office, are hereby declared, severally, bodies corporate and politic, by their several names mentioned in this section; and the trustees as aforesaid, and their successors in office, shall be invested with all manner of property, both real and personal, which they may acqure or be possessed of by gift, grant or purchase, and all privileges and immunities whatever, which may belong to said Trustees of the said aforenamed Camp Grounds and Churches, or which may hereafter be made or transferred to them, the said Trustees and their successors in office, to have and to hold the same for the proper use, benefit and behoof of the aforenamed Camp Grounds and Churches; and the said Trustees and their successors in office, in the names and by the style aforesaid, shall be, and they are hereby declared to be capable of suing and being sued, and of using all necessary and legal means for recovering and defending any property whatever, which the said Trustees may hold or claim. Sec. 2. And be it further enacted , That the Trustees, or a majority of them, shall have full power and authority to make all by-laws and ordinances necessary for the government of the temporal affiairs of the said aforenamed Camp Grounds and Churches, not repugnant to the Constitution and laws of this State. Sec. 3. And be it further enacted , That the said Trustees, or a majority of them, shall have full power and authority to fill all vacancies which may accur in their board by death, resignation or otherwise, in such manner as they may point out in the by-laws of their several corporations. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842.

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CITIES. AN ACT to alter and amend the several acts in relation to the City of Augusta. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That so much of the act passed at the last session of the General Assembly, as provides for the election of a board of Aldermen, defines their powers, and fixes the qualification of voters for said Aldermen, be, and the same is hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That when any vacancy shall occur in the representation of any district in the City Council, the same shall be filled by the voters residing in such district; and such election shall be conducted in the same way and manner, in said district, as is now provided by law, where there is a vacancy in the office of Mayor of said City. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 24th December, 1842. CITIZENSHIP. AN ACT to grant the rights and privileges of citizenship to certain persons, and their descendants, of the Cherokee Tribe of Indians herein named; and to remove all legal disabilities, heretofore imposed on said Tribe of Indians, so far as respects said persons. Section. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the wife and children of Lewis Ralston, of the county of Lumpkin, be and they and each of them, are hereby permitted to enjoy all the rights and privileges that appertain to, and belong

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to the free citizens of this State, and that all disabilities heretofore imposed upon said persons of the Cherokee tribe of Indians, be and the same are hereby repealed. Sec. 2. And be it further enacted , That the before mentioned persons, shall be liable to do and perform all and singular the duties of citizens of Georgia. Sec. 3. And be it further enacted , That the said rights and privileges are granted to said individuals, upon the condition that no suit or action is hereafter to be commenced by them, or any of them, for the recovery of any land, heretofore, or hereafter to be granted by this State, and to which they may claim title as Indians, or the descendants of Indians. Sec. 4. And be it further enacted , That George Ward, of Union county, and Andrew J. Senard, and Jane Senard, of the county of Gilmer, be entitled to said rights and privileges. Sec. 5. And be it further enacted , That all laws or parts of laws militating in anywise, against the provisions of this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to authorize William R. Wilson, William H. Wilson and Stephen Jernigan of the county of Baker, to transfer their citizenship to the county of Thomas; and that William Saxon and his family, of the county of Lumpkin, shall be subject to the laws and regulations of the county of Union. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, William R. Wilson, William H. Wilson, both residing on lot of land, number (91) ninety-one in the tenth district of Baker county; and Stephen Jernigan, residing on lot of land, number fourteen (14), in the tenth district of Baker county, be and they are hereby considered citizens of the county of Thomas, so long as they continue to reside upon said lots of Land, with all the privileges immunities, and liabilities, appertaining and devolving upon them, as citizens and residents of said county of Thomas.

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Sec. 2. And be it further enacted by the authority aforesaid , That William Saxon, of the county of Lumpkin, and his family, shall be subject to all the laws and regulations of the county of Union, so long as they remain where they now live, any law, or usage to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 27, 1842. COMMON SCHOOLS. AN ACT to amend an act, and repeal in part an act to create and establish a free system of Education, by common Schools, in the county of Bulloch, assented to on the 19th day of December, 1840; and to authorize the Justices of the Inferior Court of said county, to disburse and appropriate a bequest given to the poor of said county, for the purposes of education, under the then existing laws of said State, relative to educating the poor. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid , That from and immediately after the passage of this act, the Inferior Court, or a majority of the Justices thereof, for the county of Bullock, shall have power and authority to appropriate for the purposes of education, the residue or balance unexpended, of that portion of money, by the last will and testament of Benjamin Pearson, deceased, to the poor of said county, under and in accordance with the laws of said State, at the time of the death of Benjamin Pearson. Sec. 2. And be it further enacted by the authority aforesaid , That the sixth (6th) section of an act of eighteen hundred and forty, creating a free system of Education in the county of Bullock, be and the same is hereby repealed; and in lieu the following is a substitute, to-wit: The commissioners of the Common Schools for the county of Bullock, shall not be authorized or empowered to pay for more than three months

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tuition in any one year, nor at a higher rate than three dollars per quarter, of sixty-five days. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. AN ACT to create and establish a free system of Education in the county of Bryan, by Common Schools, and to appoint commissioners to carry the same into effect; and to repeal the general system of Education by poor school funds, assented to, 10th December, 1840, so far as relates to said county of Bryan, to provide for the distribution of said funds; and to authorize the commissioners to loan any surplus fund at interest, and to receive any bequests in said county, given to said institution. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the funds heretofore known as the poor school fund of the county of Bryan, be and the same is hereby changed, and shall in future be known as the common school fund of Bryan county, under the direction and control of a board of commissioners, which board shall be composed of seven members, a majority of whom shall be authorized to transact any business hereinafter pointed out. Sec. 2. And be it further enacted , That A. W. Stephens, Charles A. Harden, Thomas S. Clay, Wm. H. Vanbracke, John Hern, Sr., Isaac Barber and Ely Futch, be, and their successors in office, shall be known as a body corporate, capable of suing and being sued, of pleading and being impleaded, and shall be known as the commissioners of Common Schools for the county of Bryan; and the said commissioners are hereby required to assemble at Bryan Court House, on the first Monday in May next, and appoint a Treasurer, who shall act as Secretary, and shall keep a book of record, on which shall be recorded all the transactions of said board, relative to the Common School of said county; the amount of funds in hand, the names of those indebted and their securities, the amount paid out, and to whom, and for what purpose, c.; and the said Treasurer shall be authorized

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to retain in his hands, two per. cent. on all moneys paid out or loaned, belonging to said institution, and the same for collecting, which shall be a full compensation for his services. Sec. 3. And be it further enacted , That when any vacancy shall happen in said Board, such vacancy shall be reported by any one of the Board to the grand jury of said county, at the next sitting of the Superior Court, who shall fill such vacancy by appointment; the resignation of any of the commissioners shall be made in writing to the Secretary, who shall report the same to the Board; the resignation of the Secretary shall be made to a majority of the commissioners, who shall not accept of the same until a successor be chosen and qualified, agreeable to the provisions of this act; and the Treasurer before entering upon the duties of his office, shall take and subscribe an oath, faithfully to discharge the duties of Treasurer and Secretary, as required by this act, and shall be filed in the Clerk's office of the Superior Court of said County; he shall also give bond with such security, as a majority of the commissioners shall approve, which bond shall be in double the amount of money in his hands, and shall be made payable to the commissioners of Common Schools, for the county of Bryan, and their successors in office, and shall be recorded in the Clerk's office of the Superior Court of said county. Sec. 4. And be it further enacted , That, the Treasurer is hereby authorized to loan any surplus money belonging to said institution, at lawful interest not needed for immediate use, but no person shall be allowed at any time to owe the institution more than five hundred dollars, and in case any individual shall owe an amount over five hundred dollars and shall refuse or neglect to reduce the same by payment, it shall be the duty of the commissioners to commence suit forthwith against such delinquent debtor, for the full amount of his, her or their indebtedness, and it shall be the duty of the Treasurer, in all cases to take small notes with approved security, and make said notes payable to the commissioners of Common Schools, for the county of Bryan or bearer. Sec. 5. And be it further enacted , That the Treasurer shall not pay any teacher, except his account be sworn to and subscribed, before a justice of the peace, or justice of the Inferior Court, setting forth in said account, the name, age and sex of the student taught, together with the number of days taught, c.; and no student shall be entitled to more than three months tuition at the expense of the Common School fund, in one year, nor at a higher rate than one dollar per month. Sec. 6. And be it further enacted , That all free white persons between the ages of six and eighteen years, shall be entitled to the provisions of this act; and it shall be the duty

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of the commissioners to take the number of those entitled to a participation in the Common School fund by the first day of June next, and on or before the first of January in every succeeding year, and shall assemble one time in each year, and consolidate the number of persons entitled to the provisions of this act; and it shall be the duty of said commissioners to transmit a copy of the said return, through their Secretary, to His Excellency the Governor, of this State, on or before the second Monday in November annually, whose duty it shall be to make the annual dividends agreeable to said returns. Sec. 7. And be it further enacted , That the said board of Commissioners shall be authorized to receive and add to the Common School fund of said county of Bryan, any bequest or donation that has been, or may hereafter be given in fee simple to said institution, and apply the same to the purposes herein pointed out for the disbursement of the Common School fund. Sec. 8. And be it further enacted , That all teachers having taught school heretofore in said county, under the provisions of the poor school act, shall be paid accordingly, any law to the contrary notwithstanding. Sec. 9. And be it further enacted , That the before recited act, so far as it relates to the county of Bryan, together with all laws and parts of laws militating against this act, be and the same is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. AN ACT to amend an act of this State, assented to, the 10th December, 1840, in relation to Common Schools. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the twelfth section of the above mentioned act, be amended, so as to make it the duty of the commissioners therein named to cause to be paid, the amounts therein directed to be paid under the provisions

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contained in said section; and it is hereby declared to be the duty of the commissioners aforesaid, so to cause to be paid such accounts under said provisions, any construction, usage or custom to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. CONSTABLES. AN ACT to alter, repeal and amend so much of the 21st section of an act entitled an act to alter and amend the several Judiciary acts now in force in this State, so far as relates to Justices' Courts, approved December 14th, 1811, which requires constables to advertise all intended sales, at one or more of the most public places in the county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, so much of the above recited act as requires constables to advertise all intended sales, at one or more of the most public places in the county, be and the same is hereby repealed; and in lieu thereof, that hereafter it shall be the duty of the constables of this State, to advertise all intended sales, by them to be made, at three or more of the most public places in their proper districts. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD. Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 27th, 1842.

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CONSTITUTION . AN ACT to alter and change the third and seventh sections of the first article of the Constitution. Whereas, the third section of the first article of the Constitution of this State, declares, that the Senate shall be elected biennially, on the first Monday in November, until such day of election be altered by law, and shall be composed of one member from each county, to be chosen by the electors thereof; and whereas, the seventh section of the first article of the Constitution of this State, declares, that the House of Representatives shall be composed of members from all the counties which now are, or hereafter may be included within this State, according to their respective numbers of free white persons, and including three-fifths of all the people of color, the actual enumeration shall be made within two years, and within every subsequent term of seven years thereafter, at such time and in such manner as this convention may direct. Each county containing three thousand persons, agreeably to the foregoing plan of enumeration, shall be entitled to two members; seven thousand to three members; and twelve thousand to four members; but each county shall have at least one, and not more than four members; the representatives shall be chosen annually on the first Monday in November, until such day of election, be altered by law, Until the aforesaid enumeration shall be made, the several counties shall be entitled to the following number of Representatives, respectively: Camden two, Glynn two, Liberty three, McIntosh two, Bryan one, Chatham four, Effingham two, Scriven two, Montgomery two, Burke three, Bulloch one, Jefferson three, Lincoln two, Elbert three, Jackson two, Richmond three, Wilkes four, Columbia three, Warren three, Washington three, Hancock four, Greene three, Oglethorpe three and Franklin two; and whereas, the said recited sections require alteration; to the end therefore, that said sections may be altered: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That as soon as this bill shall be passed, agreeably to the requirements of the Constitution, the following shall be adopted in lieu of the sections above recited, to wit: in lieu of the third section of the first article of the Constitution aforesaid, the Senate shall be elected biennially on the first Monday in October, and

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shall consist of forty-seven members, and shall be composed of one member from each senatorial district, which district shall be composed of two contiguous counties, not including the county with the largest representative population, which shall constitute a separate district; which districts shall be arranged and organized by the General Assembly, at the session when this shall be adopted, and if any new county shall be hereafter formed, it it shall be annexed to one of the districts from which it was taken; and that in lieu of the seventh section of the first article of the Constitution, the following shall be adopted: the House of Representatives shall be composed of one hundred and thirty members; each county shall have one Representative, and no county shall have more than two Representatives; thirty-seven counties having the greatest population, counting all free white persons, and three-fifths of the people of color, shall have two Representatives; the said apportionment shall be made by the General Assembly, at the session at which this section shall be adopted as an alteration of the Constitution, by an act to be introduced after the adoption thereof, and a new apportionment shall be made at the session next after each future enumeration of the inhabitants of this State, made under the Constitution and laws thereof, but at no other time. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27 December, 1842. AN ACT to alter the third section of the fourth article of the Constitution of this State, so far as to authorize the people to elect the General Militia officers of this State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after this act shall have passed in conformity with the Constitution of this State, it shall and may be lawful for all Major Generals, and Brigadier Generals, to be elected by the people of the respective Divisions or Brigades, and all persons subject to do militia duty, shall be entitled to vote for the same, only.

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Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws, militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 26, 1842. AN ACT to be entitled an act to amend the first section of the third Article of the Constitution of this State. Whereas, the above section amongst other things, provides that in cases of joint obligors, or joint promissors, residing in different counties, the suit 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 by commenced, shall be deemed sufficient service under such rules and regulations as the Legislature have or may direct; and whereas, by the existing laws of this State, the maker and indorsers of promissory notes, residing in the same county, may be sued together in the same action, but when they reside in different counties, it has been ruled by the courts, that they cannot be joined upon the ground that they are not joint obligors, nor joint promissors, in the sense and meaning of the above recited clause of the Constitution, and therefore in such cases, parties are compelled to bring separate actions at a great increase of costs and expenses, both to the plaintiffs and defendants; and whereas, the said first section of the third article requires amendment, Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That so soon as this act shall have passed agreeably to the requisitions of the Constitution, the following shall form a part of the said first section, of the third article of the Constitution of this State, and to be inserted therein immediately after the clause above recited, to wit: And in case of a maker and indorser, or indorsers of promissory notes residing in different counties in this State, the same may be sued in the county where the maker resides, and a copy of the petition and process

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served on the indorser, or indorsers, residing out of the county, in which the suit may be commenced, shall be deemed sufficient service under the same rules and regulations as the Legislature have, or may direct in the case of joint obligors and joint promissors. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 28, 1842. COSTS . AN ACT to amend an act to define the mode in which costs under the act entitled an act to revise and amend an act for ascertaining the fees of the public officers of this State, passed the 18th December, 1792, assented to 20th December, 1834, shall be taxed and collected in future. Whereas, in some of the circuits of this State, a variety of practice in relation to the taxation and collection of costs, has obtained, under the above recited acts; for the purpose of rendering the mode and practice uniform and consistent with the design of the Legislature in said enactments, Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, suitors shall not be required to pay the court costs, or any part thereof at the several progressive steps or stages of their suits, as has been required by the decisions of some of the courts; but that the mode heretofore practiced in other courts, viz: the taxation of the costs which plaintiffs were supposed to have paid to the entering up of judgment, in the judgment of the plaintiffs, be, and the same is hereby declared to be the true intent and meaning of the act of seventeen hundred and ninety-two, upon this subject, and that the officers of courts be, and they are hereby prohibited from demanding or receiving the costs or fees, which the said fees, bill, or the acts amendatory therof

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of prescribes, until after judgment, and then to be raised by execution of plaintiffs from defendants, if enough can be collected for such purpose; if not, then upon the return of the fi fa or fi fas against defendants with the entry of nulla bona endorsed thereon, by the proper officer, fi fa or ca sa, shall immediately issue against plaintiffs, for the purpose of making costs out of plaintiffs. Sec. 2. And be it further enacted , That all laws and parts of laws militating against any of the provisions or directions of this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. COUNTY SURVEYORS . AN ACT to alter and amend so much of the fourth section of an act, approved December 23d, 1789, as relates to the amount of County Surveyors Bonds. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, all County Surveyors hereafter elected in the several counties of this State, shall give bond and security in the sum of three thousand dollars, instead of two thousand pounds, as required in the fourth section of the above recited act. Sec. 2. And be it further enacted by the authority aforesaid , That all laws or parts of laws, militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 26th December, 1842.

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COUNTIES . AN ACT to add the residence of Isaac Watts, now of the county of Twiggs, to the county of Bibb. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the residence of Isaac Watts, which now lies in the county of Twiggs, distinguished as number sixty-one, and seventh district, of originally Baldwin, now Twiggs county, be, and the same is hereby added to the county of Bibb; and that the said Isaac Watts be, and he is hereby considered a citizen of the county of Bibb, and entitled to all the privileges and immunities of the same. Sec. 2. And be it further enacted by the authority of the same , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 26th December, 1842. AN ACT to be entitled an act to revive and continue in force, for the term of three years, an act entitled an act to establish and admit to record certain instruments which were destroyed with the county records, of the county of Crawford, by fire, and to make the same valid, the same assented to December 24th, 1832; and also, an act amendatory thereto, assented to December 21st, 1839, continuing in force the above recited act, until three years from and after the 24th day of December, 1839. Whereas, the above recited act, assented to on the 21st December, 1839, is about to expire by its own limitation, Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That

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from and after the twenty-fourth day of December, eighteen hundred and forty-two, the above and before recited act, shall be and continue in full force and effect, for the term of three years thereafter, any law to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 8th December, 1842. AN ACT to alter and change the line between Jasper and Newton counties, so as to include the residence of James Watters, Robert Ivey, and Henry Ivey, and all lands by them owned, and attached to their said residence in Newton county, and to attach the residence of Phillip Estes, Risdon Moore and Selby Coneway, and all lands by them owned, and attached to their said residence, to Jasper county; and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That, from and immediately after the passage of this act, the residence of James Watters, Riobert Ivey, and Henry Ivey, and all lands by them owned, and attached to their said residence, be and the same are hereby attached to Newton county. Sec. 2. And be it further enacted by the authority aforesaid , That the Tax Collector of Newton county be authorized and required to refund to the said James Watters, the sum of five dollars and fifty-four cents, State and county tax, which he, the said James paid said Tax Collector, and took his receipt for the same. Sec. 3. And be it further enacted by the authority aforesaid , That the said James Watters, be and he is hereby relieved from paying any greater amount of State tax, in Jasper county, than that which he gave in upon oath in Newton county, with the additional sum of seventy-five per cent, thereon, for county tax. Sec. 4. And be it further enacted by the authority aforesaid , That the Comptroller General, be and he is hereby authorized, and required to credit the Tax Collector of Jasper county, with all excess of tax, assessed against the said James Watters, as State and county tax, for the present year over and above the amount contemplated in this act.

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Sec. 5. And be it further enacted by the authority aforesaid , That the residence of Phillip Estes, Risdon Moore and Selby Coneway, of Newton county, and all lands by them owned, and attached to their said residence, be and the same is hereby attached to Jasper county. Sec. 6. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 8, 1842. AN ACT to alter and amend an act entitled an act to add the residence of Ely Jones, now in the county of Clark, to the county of Walton; also, to add the residence of John S. Means, of the county of Walton, to the county of Newton, assented to, December 22d, 1840. Section 1. Be it enacted by the Senate and House of 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 third section of the aforesaid act, shall be so altered and amended as to add lot of land number one hundred and forty, in the first district of Walton county, to the county of Newton, and that the line shall run in the straightest possible direction, so as to effect this object. Sec. 2. And be it further enacted , That all laws, and parts of laws, militating against this act, be, and the same is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 24, 1842.

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AN ACT to change the line between the counties of Floyd and Chattooga, so as to include the residence of Joseph Gladney, and others in Floyd county, and to change the line dividing the counties of Putnam and Jasper, so as to include the residence of Duncan McKissack, to the county of Jasper. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the line between the counties of Floyd and Chattooga, be and the same is hereby changed, commencing with the last line run between said counties, to where it strikes the southern line, running east and west, of number sixty-nine in the fifteenth district of the fourth section; and thence with said land line to the Alabama line, so as to include the residence of Joseph Gladney, Jackson Gladney, Thomas Pilgrim, George Pilgrim, James Clayton, Jesse Carr, William Matthis, James A. Gailer, James E. Hall, Joseph Welch, William Perry and Andrew Perry, be added to the county of Floyd. Sec. 2. And be it further enacted by the authority aforesaid , That the line dividing the counties of Putnam and Jasper, shall be so changed, as that when the county line comes to the land line of a lot of land, formerly owned by Nathaniel G. Slaughter, the same shall diverge so as to include and add Duncan McKissack of the county of Putnam, with the lot of land he now lives on, to the county of Jasper. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 24, 1842. AN ACT to repeal an act, entitled an act to add a part of the county of Dooly to the county of Lee, assented to, December 24, 1827; and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the above recited act, be and

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the same is hereby repealed, and the line dividing the counties of Dooly and Lee, shall be the same as it was before the passage of said act. Sec. 2. And be it further enacted by the authority of the same , That all peace officers now holding office in that part of the present county of Lee, so added to the county of Dooly, shall continue to hold their said offices for the term to which they were elected in the said county of Dooly. Sec. 3. And be it further enacted by the authority aforesaid , That in any suit now pending in any of the courts of said county of Lee, if the party defendant thereto, shall reside in that part of said county, so added to the county of Dooly, such suit shall be transferred to the similar court in said county of Dooly, having jurisdiction of the same; and in case such suit be pending in a justices court, then the same shall be transferred to the justices court in said county of Dooly, of the district in which said defendant may reside. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws, in any wise militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 26, 1842. AN ACT to provide for running and plainly marking the artificial part of the line dividing the counties of Bryan and Bulloch. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That it shall be the duty of the county surveyors, of the counties of Bulloch and Bryan, as soon as it can reasonably be done, after the passage of this act, to confer together, make the necessary arrangements, and jointly proceed to run and plainly mark all that part of the artificial line, dividing the counties of Bryan and Bulloch, in conformity with the provisions of the act passed on the eighth day of February, seventeen hundred and ninety-six, entitled an act for laying out a new county from that part of Scriven, that lies south of Ogeechy River,

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and part of Bryan county; and it shall be the duty of the Justices of the Inferior Courts of the counties of Bryan and Bulloch, out of their respective county funds, to allow and pay to said Surveyors, a reasonable compensation for their services, as herein required: Provided , said Surveyors shall have first made satisfactory reports to the Inferior Courts of their respective counties, of having discharged and performed the duties required of them by this act. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 26, 1842. AN ACT to alter and change the line dividing the counties of Pike and Henry, so as to include lots of land, numbers sixty-four, sixty-five, sixty-six, and ninety-six, in the third district of Henry county, belonging to James T. Ellis, and William Ellis, in the county of Pike. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the present line dividing the counties of Pike and Henry, shall so diverge from its present direction, as to include lots of land, numbers sixty-four, sixty-five, sixty-six and ninety-six, in the third district of Henry county, belonging to James T. Ellis and William Ellis, in the county of Pike. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 8th December, 1842.

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AN ACT to add the residence of James M. Bryan, now a citizen of the county of Glynn, to the county of Wayne. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the tract of land, now the residence of James M. Bryan, a citizen of the county of Glynn, be added to the county of Wayne; and the residence of the said James M. Bryan, is hereby declared to be in the county of Wayne. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws, militating against this act, be and the same are hereby repealed, WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 24th December, 1842. AN ACT to change the line between the counties of Columbia and Warren, so as to include the residence of John Adkins of the county of Warren. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the line between the counties of Columbia and Warren, be and the same is hereby changed, so far as to include in the said county of Warren, the place of residence of John Adkins. Sec. 2. And be it further enacted by the authority aforesaid , That the county surveyors of the county of Columbia and Warren, be hereby authorized to run the line contemplated in the first section of this act. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate CHARLES J. McDONALD, Governor. Assented to, December 28, 1842.

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COURTS. AN ACT to amend the several judiciary acts now in force in this State, so far as relates to Justices' Courts, approved December 14th, 1811, so far as to change the time of holding Justices' Courts in the districts in the several counties in this State, from once a month, to once in every four months in each year. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Justices' Courts in the several districts in the several counties in this State, shall be held in each district once in every four months, in each and every year; the first Court in each district shall be held in the month of January, after the passage of this act, and once every four months thereafter, on such day as the said Justices in each district may designate, and no term of said Court shall be more than two days. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to amend an act entitled an act to alter and amend the several acts relating to the Court of Common Pleas, and of Oyer and Terminer, of the City of Savannah, assented to 7th December, 1841; and to amend the several laws regulating the Court of Common Pleas, in the City of Augusta, and to change the time of holding the Court of Common Pleas in the City of Augusta. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and

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after the passage of this act, the third quarterly session of the Court of Common Pleas, and of Oyer and Terminer, for the city of Savannah, shall be held on the first Monday in July, instead of the first Monday in August, as prescribed in said act. Sec. 2. And be it further enacted by the authority aforesaid , That the session of the Court of Common Pleas of the city of Augusta, shall hereafter be held on the fourth Mondays of February, May, August and November in each year, instead of the times now fixed by law. Sec. 3. And be it further enacted by the authority aforesaid , That the tax or court fee in cases hereafter brought in said Court of Common Pleas of Augusta, shall be after the following rate, namely: in all cases when the sum claimed does not exceed one hundred dollars, one dollar; when the sum claimed exceeds one hundred dollars, and does not exceed two hundred dollars, two dollars; when the sum exceeds two hundred dollars, and does not exceed three hundred and fifty dollars, three dollars; when the sum exceeds three hundred and fifty dollars, four dollars; which tax or fee shall be paid to the Clerk of said Court, before he shall be bound to issue any process. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to alter and fix the time of holding the Inferior Courts of Sumter and Lee counties. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the time for holding the Inferior Court in and for the county of Sumter, shall be on the third Monday in February and August; and also, on the fourth Monday in February and August, in the county of Lee.

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Sec. 2. And be it further enacted by the authority aforesaid , That all persons summoned subp[UNK]naed, or bound as suitors, witnesses, jurors, or in any other capacity, to attend said Courts at the times which by the law now in force, said Inferior Courts are to be holden, shall be, and are hereby required and bound by virtue of said summons, subp[UNK]na, or other process heretofore issued, to attend said Courts at the time specified in this act. Sec. 3. And be it further enacted by the authority aforesaid , That all writs, precepts and processes whatsoever, heretofore issued, or that may be issued, returnable to the times of said Courts as now fixed by law, shall be considered and held as returnable to the times of said Courts, as fixed and determined in this act. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. AN ACT to legalize the adjournment of the last November term of the Inferior Court of Crawford county. Whereas, at the last November term of the Inferior Court of the county of Crawford, the Justices of said Court were unable to complete the business therein, and in consequence thereof, were forced to adjourn the same over until Saturday the tenth day of December, eighteen hundred and forty-two: Therefore, be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the adjournment of the last November term of the Inferior Court of the county of Crawford, by the Justices thereof, until the tenth day of December, in the year eighteen hundred and fortytwo, be, and the same is hereby declared to be legalized to all intents and purposes whatsoever, and that all verdicts judgments obtained, and all other acts done in

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pursuance of law at said adjourned Court be, and they are hereby declared to be of equal dignity, with all verdicts, judgments and acts taken, had or done, at the regular term of said Court, and that the same be valid in law to all intents and purposes, any law usage or custom to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 24th December, 1842. AN ACT to legalize the proceedings of the Court of Ordinary, in Camden county, and to authorize said Court to have a regular session in June, instead of July. Whereas, the Justices of the Inferior Court of Camden county have, for many years past, held their session as a Court of Ordinary, in the month of June, without being regularly adjourned to that time. Section 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That all orders passed by the said Justices sitting as a Court of Ordinary, at the times aforesaid, and all their proceedings be, and the same are hereby declared as legal and as binding at law, and in equity, as though the same had been passed at the regular session of said Court of Ordinary, as prescribed by law, any law, usage or custom to the contrary notwithstanding. Sec. 2. And be it further enacted by the authority aforesaid , That from and after the passage of this act, it shall and may be lawful for the Justices of the Inferior Court of Camden county, to hold a regular term of the Court of Ordinary, on the first Monday in June in each and every year, instead of the first Monday in July, as now prescribed by law. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 19th December, 1842.

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AN ACT to authorize the Justice of the Peace, in and for the 26th district of Glynn county, to hold their Courts in Brunswick, in said county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, that it shall be lawful for the Justices of the Peace, in and for the twenty-sixth district of Glynn county, to hold their Courts in Brunswick, in said county; and all laws and parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. AN ACT to require the Justices of the Peace, in and for the 888th district of Georgia Militia, in the county of Henry, in this State, to preside together at the Justices' Courts therein. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after passing this act, the Justices of the Peace, in and for said district, shall preside together at the Justices' Courts held in said district, at such places as has been or shall be selected, according to the laws now of force for the holding of Justices' Courts therein, any usage or custom to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 19th December, 1842.

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AN ACT to change the times of holding the Superior and Inferior Courts of the county of Stewart. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the time of holding the Superior Court shall be on the fourth Monday in April and October in each and every year; and the time of holding the Inferior Court shall be on the fourth Monday in January and July. Sec. 2. And be it further enacted by the authority aforesaid , That all jurors drawn and summoned, and witnesses subp[UNK]naed, and all writs, precepts and processes, of all kinds, nature or description, shall stand over and be returnable, and required to appear at the times herein before specified, for the sitting of said Superior and Inferior Courts of the county of Stewart, respectively. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to alter and change the time of holding the Inferior Courts of the county of Forsyth. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the time of holding the Inferior Courts of the county of Forsyth, shall be on the fourth Monday in May and November, in each and every year thereafter, instead of the times now established by law. Sec. 2. And be it further enacted by the authority aforesaid , That all persons summoned, subp[UNK]naed, or bound as suitors, witnesses, jurors, or in any other capacity, to attend said Courts, at the terms which by the laws now in force, they are holden, shall be bound by virtue of said summons, subp[UNK]na, or other process, heretofore issued, to attend said Courts, as are established by this act.

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Sec. 3. And be it further enacted by the authority aforesaid , That all writs, precepts, and processes whatsoever, heretofore issued, or that may hereafter be issued, returnable to the terms of said Courts as are now fixed by law, shall be considered and held as returnable to the terms of said Court respectively, as fixed by this act. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 19th December, 1842. AN ACT to change and fix the time of holding the Superior Courts in the South-western Circuit of Georgia, and to authorize the Judge of said Circuit to draw two pannels of Grand and Petit Jurors, for the county of Randolph. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the first day of January next, the times of holding the Superior Courts for the South-western Circuit shall be as follows, viz: In the county of Randolph, on the second Mondays of April and October; in the county of Early, on the fourth Mondays of April and October; in the county of Dooly, on the second Mondays in May and November; in the county of Sumter, on the third Mondays in May and November; in the county of Lee, on the fourth Mondays in May and November; in the county of Baker, on the first Mondays in June and December; in the county of Decatur, on the second Mondays in June and December. Sec. 2. And be it further enacted by the authority aforesaid , That all persons summoned, subp[UNK]naed, or bound as witnesses, suitors or jurors, or in any other capacity, to attend the said Courts at the times which by the laws now in force are holden, shall be bound by virtue of said summons, subp[UNK]na, or other process hereafter issued to attend said Courts at the times fixed by this act. Sec. 3. And be it further enacted by the authority aforesaid , That all writs, precepts or processes, of any nature or kind

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whatsoever, shall hereafter be made returnable to the terms of said Courts heretofore cited. Sec. 4. And be it further enacted by the authority aforesaid , That the Judge of said Circuit and his successors in office be, and the same are hereby invested with full power to draw two pannels of Grand and Petit Jurors, for the county of Randolph, each pannel of which shall serve one week. Sec. 5. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 19th December, 1842. DOWER. AN ACT to alter and explain the first section of an act passed in the year eighteen hundred and twenty-six, entitled an act to amend an act to enable feme coverts to convey their estates, and for confirming and making valid, all conveyances and acknowledgements, heretofore made by feme coverts, passed the twenty-fourth of April, seventeen hundred and sixty, so far as relates to feme coverts conveying their dowers. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That all conveyances of real estate, made by any sheriff, or other officer, in pursuance of sale made under execution, other legal process, or order of court, in the life time of the husband, shall be as good and effectual, in bar of the right of dower, as if the conveyance were made by the husband himself. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 28, 1842.

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ELECTIONS. AN ACT to establish an additional election precinct in the county of Forsyth. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, all elections for Governor, members of the legislature, elections to vote for electors of President and Vice President, of the United States, Representatives to the Congress of the United States, and all county officers, shall and may be held at the House of Captain Hubbard Barker, on lot of land number five hundred and forty-five, in the eight hundred and seventy-eighth district, Georgia militia, Forsyth county, the place of holding justices court of said district in said county. Sec. 2. And be it further enacted by the authority of the same , That the elections that may be held at the district established by this act, shall be conducted in the same way, and governed by the law that is now in force, regulating elections in the aforesaid county or counties, having election precincts. Sec. 3. And be it further enacted by the authority aforesaid , That the election for majors in the two battallions of Forsyth county, shall, from and immediately after the passage of this act, be held at the battallion muster grounds in said county; and that all laws militating against this act be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 28, 1842. AN ACT to establish an election precinct in the county of Lee, and to repeal so much of certain laws, establishing election precincts in Lee county, therein mentioned. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and

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after the passage of this act, it shall and may be lawful for election of Governor, elections for President and Vice President of the United States, representatives to Congress, members to the Legislature and county officers, to be held at the house of Jesse Wales, in the eight hundred and eleventh district, Georgia Militia, in the county of Lee, to be conducted and held in the same manner, and at the same times, as is prescribed by the laws now in force in this State, regulating elections. Sec. 2. And be it further enacted, c. That so much of an act establishing an election precinct at the House of Elias Hodges, in the four hundred and fifteenth district, Georgia Militia, in the county of Lee, and so much of an act establishing an election precinct at the House of Isaac O. Edwards, in the twelfth district of Lee county, be and the same are hereby repealed. Sec. 3. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 28, 1842. AN ACT to establish, alter, change and abolish certain election precincts, in certain counties therein named. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, that there shall be an additional election precinct established at the usual place of holding justices court, in the nine hundred and seventh district Georgia Militia, in the county of Gilmer. Sec. 2. And be it further enacted by the authority aforesaid , That there shall be an additional election precinct established at the house of Joel Duse, in the three hundred and thirtieth district, Georgia Militia, in the county of Wilkinson. Sec. 3. And be it further enacted by the authority aforesaid , That there shall be an additional election precinct established at the usual place of holding justices courts in Captain Beal's district in the county of Dooly.

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Sec. 4. And be it further enacted by the authority aforesaid , That there shall be an additional election precinct established at the usual place of holding justices courts in the three hundred and forty-first district, Georgia Militia, in the county of Laurens. Sec. 5. And be it further enacted by the authority aforesaid , That there shall be an election precinct established at the usual place of holding justices courts in the nine hundred and forty-seventh district, and nine hundred and ninety-eighth district, Georgia Militia, each in the county of Randolph. Sec. 6. And be it further enacted by the authority aforesaid , That there shall be an additional election precinct, established at the usual place of holding justices courts, in Captain Cooper's district, in the county of Thomas. Sec. 7. And be it further enacted by the authority aforesaid , That there shall be an election precinct established at Fair Play court ground, in the county of Habersham. Sec. 8. And be it further enacted by the authority aforesaid , That there shall be an election precinct established in the six hundred and thirty-third district, Georgia Militia, at Drayton, in the county of Dooly. Sec. 9. And be it further enacted by the authority aforesaid , That there shall be an election precinct established at the place of holding justices courts in the seven hundred and thirty-first district, Georgia Militia, in the county of Campbell. Sec. 10. And be it further enacted by the authority aforesaid , That it shall and may hereafter be lawful, to hold at each of the aforesaid election precincts, all elections for all county officers, members of the Legislature, Governor, electors of President and Vice President of the United States, and that all elections held at each of the aforesaid precincts shall be governed by the same rules and regulations which now govern other precinct elections in this State. Sec. 11. And be it further enacted by the authority aforesaid , That from and after the passage of this act, that the election precinct heretofore established in the seventh district, in the county of Ware, at the house of Joseph Rickersons, be and the same is hereby removed to Simms Store, in said district, and county of Ware. Sec. 12. And be it further enacted by the authority aforesaid , That the election precinct heretofore established at Joel Cooley's in the county of Monroe, be and the same is hereby changed to the usual place of holding justices courts at the house of James Knight, in said county, in the county of Monroe. Sec. 13. And be it further enacted by the authority aforesaid , That the election precinct heretofore established at Addsborough, in Morgan county, be and the same is hereby changed to the house of Thomas Cheney, in said district, in the county of Morgan.

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Sec. 14. And be it further enacted by the authority aforesaid , That the election precinct heretofore established at the house of Joseph Coneys, in the county of Floyd, be and the same is hereby changed to the house of Jackson Trouts, in the county of Floyd. Sec. 15. And be it further enacted by the authority aforesaid , That the election precinct heretofore established at the house of Curtis Green, in the county of Forsyth, be and the same is hereby changed to the usual place of holding justices court in the eight hundred and forty-first district, Georgia Militia, in the county of Forsyth. Sec. 16. And be it further enacted by the authority aforesaid , That the election precinct heretofore established at Silas Dill's store, in the county of Early, be and the same is hereby changed to the usual place of holding justices courts, in the nine hundred and sixty-ninth district Georgia Militia, in said county of Early. Sec. 17. And be it further enacted by the authority aforesaid , That the election precinct heretofore established at Willow Grove, in the third district of the county of Coweta, be and the same is hereby changed to the house of Tolerson Kirby, the usual place of holding justices court, in the third district in said county of Coweta. Sec. 18. And be it further enacted by the authority aforesaid , That the election precinct heretofore known by the name of Johnson's store, in Monroe county, be and the same is hereby changed to Johnsonville precinct in the county of Monroe. Sec. 19. And be it further enacted by the authority aforesaid , That the election precinct now held at the house of N. M. Rodgers, in the county of Macon, be and the same is hereby changed to the place of holding justices courts in the seven hundred and forty-first district, Georgia Militia, in the county of Macon. Sec. 20. And be it further enacted by the authority aforesaid , That the election precinct heretofore established in the eleventh district of Troup county, be and the same is hereby changed to the house of William Hogan, in said district, and county of Troup. Sec. 21. And be it further enacted by the authority aforesaid , That the election precinct heretofore established at the house of Simon Jacobs, in the county of Hall, be and the same is hereby changed to Bark Camp court ground, near Wilson Farr's, in the county of Hall. Sec. 22. And be it further enacted by the authority aforesaid , That the election precinct heretofore established at the house of Aaron Finley, in the county of Cherokee, be and the same is hereby changed to the usual place of holding justices courts in the nine hundred and sixtieth district, Georgia Militia, in the county of Cherokee.

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Sec. 23. And be it further enacted by the authority aforesaid , That the election precinct now established at Mitchell's Mills in the nineteenth district, of the county of Harris, be and the same is hereby changed to the house of Sampson Stallings, in said district, in the county of Harris. Sec. 24. And be it further enacted by the authority aforesaid , That all the election precincts heretofore established in the county of Liberty, be and the same is hereby abolished, and that all elections for county officers, members of the State Legislature, Governor, members to Congress, and electors for President and Vice President, of the United States, shall be held at Hinesville, the court House in said county of Liberty. Sec. 25. And be it further enacted by the authority aforesaid , That the election precinct heretofore established at Collins's store, in Houston county, be and the same is hereby changed to the village of Wilna, in said county. Sec. 26. And be further it enacted by the authority aforesaid , That there shall be established an election precinct at each of the following places in the county of Jasper, to wit: at the house of Matthew Whitfield, in the three hundred and thirty-sixth district, Georgia Militia; also, at the house of James H. Roberts, in the two hundred and ninety-fourth district, Georgia Militia; and also, at Hillsboro, in the two hundred and ninety-third district, Georgia Militia. Sec. 27. And be it further enacted by the authority aforesaid , That there shall be two additional election precints established, one at the store house of Charles N. Johnson, in the five hundred and forty-fourth district Georgia Militia; also, one at the store house of Joseph Goodwin, in the four hundred and fourth district Georgia Militia, each in the county of Gwinnett, subject to the same laws regulating other elections in this state. Sec. 28. And be it further enacted by the authority aforesaid , That the election precinct heretofore established at the house of Cornelius Cooper, in the county of Gilmer, be changed to the usual place of holding justices courts in said district, any law to the contrary notwithstanding; Provided , that such provision shall not extend to the approaching election to be held on the first Monday in January next, for a member to Congress, and all county officers. Sec. 29. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 27, 1842.

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AN ACT to compensate the magistrates or superintendents of General Elections, Sheriffs and Clerks elections, in the town of Lawrenceville, Gwinnett county. Whereas, the managers of elections at Lawrenceville, in Gwinnett county, from the number of votes polled, are frequently engaged for most of two-days, and not unfrequently half of one night. For remedy thereof; Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, that the county Treasurer of said county be authorized and required to pay to each manager of said elections, not exceeding three, the sum of one dollar each per day, out of any unexpended money in the treasury of said county. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to establish an additional Election Precinct at the Store House of A. J. Hollifield, in the 800th district, G. M., in the county of Troup, and for other purposes therein named. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, there shall be an additional Election Precinct at the Store House of A. J. Hollifield, in the eight hundredth district, Georgia Militia, in said county, for the purpose of holding all elections prescribed by law, in establishing other Election Precincts in said county heretofore, and to be governed by the same rules and regulations. Sec. 2. And be it further enacted by the authority aforesaid , That an Election Precinct be established at the usual place of holding Justices' Courts in the nine hundred and ninety-sixth

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district, Georgia Militia, in Union county; also, that an Election Precinct be established and located at the house of Charles Henson, in the county of Union. Sec. 3. And be it further enacted by the authority aforesaid , That the Election Precinct established in the county of Marion, at the house of Lewis W. Hammock, be changed and removed to and established at the House of Willis Jencks, where the Justices' Court and muster ground now is, in the eight hundred and fifty-third district, Georgia Militia, in said county; also, that the Election Precinct at the mills Jeremiah Wilcher, be changed and removed to and established at the house of Casper Hedrick, in the county of Marion, where the Justices' Court and muster ground is, in the nine hundred and forty-sixth district, Georgia Militia, and to be governed as other precincts in said county. Sec. 4. And be it further enacted by the authority aforesaid , That an additional Election Precinct is hereby established at the house of John Talant, in the six hundred and forty-ninth district, Georgia Militia, in Carroll county, under such rules and regulations as are established for other Election Precincts in said county. Sec. 5. And be it further enacted , That the Election Precinct held at Griffin, in Wilkinson county, be removed to Centreville, at the Store House of William B. Smith, in said county, and that the elections in future be held at Centreville, instead of Griffin, as heretofore, any law, usage or custom to the contrary notwithstanding. Sec. 6. All laws or parts of laws militating against the above recited be, and the same is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 24th December, 1842. EQUITY. AN ACT to appoint a Master in Equity, for the counties of Hall, Franklin and Habersham. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the

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Judge of the Superior Courts of the Western Circuit, be and he is hereby authorized to appoint a Master in Equity for each of the counties of Hall, Franklin, and Habersham, whose duty it shall be, to examine, audit, and report upon all accounts and vouchers, relating to any suit or suits pending in equity, in any of the courts of said counties which may be submitted to him, under order of said court; and also, to superinted under the direction of the court, all sales which may be made by order of court, under decrees in Equity. Sec. 2. And be it further enacted by the authority aforesaid , That the said Masters in Equity shall be entitled to receive such compensation for his services, in examining, auditing, and reporting upon accounts, as the court and jury, trying the particular cause in which such masters report is made, shall determine the amount of compensation, thus to be determined, to be taxed in the bill of cost in the cause. Sec. 3. And be it further enacted by the authority aforesaid , That before entering upon the duties of his office, said Master in Equity, shall take and subscribe the following oath: I, A. B. do solemnly swear, that I will faithfully discharge the duties of my appointment, to the best of my knowledge, so help me God. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 28, 1842. ESTRAYS. AN ACT to alter and amend an act of 1823, entitled an act to amend the estray laws of this State, so far as relates to the time of advertising and tolling horned cattle, sheep, goats, or hogs, before they are sold. Whereas, the above recited act requires that estray cattle, c., shall be advertised six months; in lieu thereof, Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, all horned cattle, sheep, goats,

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and hogs, that may be tolled in conformity with the estray laws now in force in this State, may be sold at the expiration of four months, from the time they are tolled. Sec. 2. And be it enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD. Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 23d December, 1842. EXECUTORS, ADMINISTRATORS GUARDIANS. AN ACT to authorize Hardy Strickland, of Forsyth county, Executor of the last will and testament of his brother, Jacob Strickland, late of Franklin county, deceased, to obtain a copy from the Clerk's office of the Court of Ordinary, of Franklin county, of all the records concerning the Estate of said deceased, and have the same recorded in the Clerk's office of the Court of Ordinary, of Forsyth county, and to make annual returns upon said Estate, to the Court of Ordinary, of Forsyth county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, Hardy Strickland, of the county of Forsyth, Executor of the last will and testament of his brother, Jacob Strickland, late of Franklin county, deceased, be, and he is hereby authorized to obtain from the Clerk's office, of the Court of Ordinary, of Franklin county, a copy of all the records concerning the Estate of said Jacob Strickland, deceased, and have the same recorded in the Clerk's office, of the Court of Ordinary, of Forsyth county, and as such Executor, to make annual returns upon said Estate, to the Court of Ordinary, of said county of Forsyth: Provided , The said Hardy Strickland,

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as such Executor, gives new bond and security, as the law directs. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 24th December, 1842. AN ACT to repeal an act entitled an act relative to the returns of Executors, Administrators, and Guardians, assented to, the 9th December, 1841. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the above recited act be, and the same is hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. EXECUTIONS. AN ACT to authorize defendants in Execution to point out any property belonging to them in their possession. Section Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and

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and after the passage of this act, the defendants in executions arising in justices courts, shall have the right to point out to the levying officer, either land or negroes, in the possession of the defendant; Provided, however , nothing shall be so construed in this act, to restrain the officer from levying such Execution on a sufficient amount of property to satisfy the same. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 27, 1842. FERRIES. AN ACT to establish and make permanent the Ferry on Flint River, in the county of Crawford, known as the Ferry of Walpole and Saltmarsh, and to regulate the rates of ferriage for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the ferry on Flint river, in the county of Crawford, at the landing belonging to Walpole and Saltmarsh, called and known by the name of Walpole and Saltmarsh's ferry, be, and the same is hereby made and declared a public ferry; and the said Walpole and Saltmarsh, their heirs and assigns, are hereby authorized to ask and receive from all persons crossing at said ferry, rates of toll hereinafter prescribed: Provided , The said Walpole and Saltmarsh, their heirs and assigns do, at all times, keep a good and sufficient flat or ferry boat, for the conveyance of passengers, and give due attention to said ferry; for every two-horse pleasure carriage, the sum of fifty cents; for every buggy with springs, thirty-seven and a half cents; for every gig, twenty-five cents; for every sulky, twenty-five cents; for every jersey-wagon, twenty-five cents; for every road-wagon loaded, fifty cents; for

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every road-wagon empty, thirty-seven and a half cents; for every two-horse wagon, thirty-seven and a half cents; for every ox cart, twenty-five cents; for every horse cart, twenty-five cents; for every man and horse, twelve and a half cents; for every loose horse or mule, six and one-fourth cents; for every footpassenger, six and one fourth cents; for all cattle, four cents each; for every sheep, goat or hog, three cents each; and the time of high water, double the foregoing rates; and all of the citizens of the county, one-half of the above rates. Sec. 2. And be it further enacted by the authority aforesaid , That the said Walpole and Saltmarsh, their heirs or assigns, shall be bound for any damage that may be sustained by any of their neglect. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 8th December, 1842. AN ACT to authorize Morris Nail to establish a Ferry across the Altamaha River, in Tatnall and Appling counties, on his own land, and to vest the right thereof in the said Morris Nail, his heirs and assigns, and to fix the rates of ferriage. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, Morris Nail be, and he is hereby authorized and empowered, to establish and erect a ferry across the Altamaha river, on his own land, in the counties of Appling and Tatnall. Sec. 2. And be it further enacted by the authority aforesaid , That the following shall be the established rates of toll at the said ferry, to wit: on loaded wagons, team and driver, one dollar each; on empty wagons, team and driver, fifty cents each; on four wheel pleasure carriages, one dollar each; on two wheel pleasure carriages, fifty cents each; on loaded carts, single horse or oxen, team and driver, fifty cents each; on empty carts, team and driver, twenty-five cents; on every horse and rider, twelve and a half cents; on all footmen, six and one-fourth cents each; on all led or

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drove horses, mules and asses, six and one fourth cents each; on each head of cattle, two and a half cents; and on each head of sheep, hogs or goats, two cents. Sec. 3. And be it further enacted by the authority aforesaid , That the said Morris Nail shall be compelled to keep a good ferry boat or flat, and be held responsible for all losses or damages which may be sustained by the negligence or mismanagement, or other improper conduct of the said Morris Nail, or his slaves at said ferry, any law, usage or custom to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 24th December, 1842. SALE OF FRACTIONS AND LOTS. AN ACT to authorize the Sheriff of Harris county, to sell the State's interest in all lots or fractions of land, lying in said county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall be the duty of the Sheriff of Harris county, to advertise and proceed to sell the State's interest in all lands condemned as fraudulent draws, lying in said county of Harris, under the law regulating the sale of such lands, and that he may retain his fees as in the sale of any other land. Sec. 2. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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AN ACT to authorize the Sheriff of the county of Pike, to sell at public outcry, the State's interest in lot number forty-six, in the first district of originally Monroe, now Pike county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the Sheriff of the county of Pike be, and he is hereby authorized and required, immediately after the passing of this act, to offer at public outcry, at the Court-house door, in the county of Pike, on the first Tuesday in the month, after the same shall have been published at least thirty days in some public gazette of this State, the State's interest, it being the north half of lot number forty-six, in the first district of originally Monroe, now Pike county. Sec. 2. And be it further enacted by the authority aforesaid , That the Sheriff of said county be, and he is hereby authorized, to execute a deed to the purchaser or purchasers of said half lot of land, in the same manner and under the same regulations as he is now authorized to do, in cases of sales of lands made by him under execution; and that he be authorized to charge and retain out of the purchase money, the same fees for selling and executing a title to the same, as is allowed him in the sale of lands under execution, and no more. Sec. 3. And be it further enacted by the authority aforesaid , That the said Sheriff shall sell said land for cash only, and when the amount for which said land may be sold for, shall come into his hands, he shall, at as early a day as possible, pay the same, after deducting his fees therefrom for selling the same, into the Treasury of this State. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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GRANTS. AN ACT to refund to persons who have paid the fees on grants of reverted lots, the amount paid by them, in all cases in which a grant has been previously issued to the drawer or other person, for the same number or numbers. Whereas, in several instances, grants have been issued to applicants under the act of eighteen hundred and forty, reverting and disposing of the lands in the counties of originally Early, Irwin, Appling, Hall, Habersham and Rabun, for lots of land previously granted to the drawers of the same; said lots appearing to have been ungranted on the books of the Executive office, but which, on examination of the records in the Secretary of State's office, were already granted; in consequence of which, two or more grants have been issued for the same lots. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That in all cases in which a grant has been issued to an applicant under said act of eighteen hundred and forty, and the fees paid by such applicant, where the number so granted has been previously granted by the State to the drawer thereof, or other person, and the same being shown to his Excellency the Governor, to have been twice granted, that his Excellency the Governor shall, upon the presentation of such last grant, order the same to be cancelled on the books of the several offices, and to draw his warrant on the Treasurer, payable out of any money not otherwise appropriated, for the amount so paid by such applicant or person to whom said lot or lots have been granted, to refund the fees so paid by him or her for said last mentioned grant or grants. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 19th December, 1842.

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AN ACT to authorize the proper officers to issue an alias grant to a certain lot of land on payment of the usual fees, and to correct an error made in issuing the original grant to the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, the proper officers be, and they are hereby authorized and required to issue an alias grant to lot of land number one hundred and sixty-four, in the thirty-second district of the first section, formerly Lee now Marion county, upon payment of the usual fees, and that they be authorized and required to correct an error made in issuing or registering the original grant to said lot of land, so as to make the said alias grant conform to the books of the Executive and Surveyor General's offices: Provided , That satisfactory evidence be produced that the name of such person was duly given in, and that they were the proper drawer. Sec. 2. And be it further enacted by the authority aforesaid , That the said alias grant, when so issued, shall be taken in lieu of the said original grant, and is hereby declared to be legal, valid, and of the same force and effect in law and equity, as though it was the original grant to the said lot of land. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. INCORPORATIONS. AN ACT to incorporate the Waynmanville Manufacturing Company, in the county of Upson. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Dwight

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R. Perry, George P. Swift, Deborah H. Waynman, William P. Perry, and George B. Smith, with all such persons as may hereafter become interested in said Company, be, and they are hereby incorporated, and made a body politic by the name and style of the Waynmanville Manufacturing Company; and by that name shall be, and are hereby made able and capable in law, to have, purchase and receive, and retain, to them and their successors, lands, rents, tenements, goods, chattels and effects, of what kind soever, and the same to sell and dispose of, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in courts of record or any other place whatsoever, and to make, have, and use a common seal, and the same to alter at pleasure. The said Company may also make such bye-laws as they may deem necessary for their interest; Provided , such bye-laws are not repugnant to the Constitution or laws of this State, and to select and appoint all such agents, officers, or servants, as may be necessary for the discharge of the business of said Company. Sec. 2. And be it further enacted by the authority aforesaid , That said Company shall be, and they are hereby fully authorized to make all contracts, which may be necessary for the benefit of said Company, in their corporate name; and that all judgments which may be obtained against said corporation, for any liability which they may incur, may be enforced and collected out of the property belonging to said corporation, or the property of any, or all of the individuals, composing said Company, as though the same had been obtained against every member of said Company, in their joint and several names as individuals. Sec. 3. And be it further enacted by the authority aforesaid , That each and every member of said corporate body, may at any time, sell and convey their interest in the property of said corporation, both real and personal, under such rules and regulations as may be adopted by said Corporation; and upon the death of any of the members of the Corporation, their interest in the corporate property, shall pass to the legal heirs of said member, or legatee or legatees; and that such purchasers, legal heirs, or legatee or legatees, shall have all the power and privileges, as are hereby conveyed to the above named Corporatees. Sec. 4. And be it further enacted by the authority aforesaid , That in case of the death of any member of the said Corporation, the survivors shall be authorized to continue and transact, and carry on the affairs of said Corporatian, as though said death had not happened; and whoever shall be entitled to the interest of said deceased person, shall, if he be administrator, or executor, heir or legatee, hold the same, in the same manner, that said deceased did during life.

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Sec. 5. And be it further enacted by the authority aforesaid , That said Corporation act shall be, and remain in full force for the space of twenty years, from and after the passage of this act, and no longer. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 23d December, 1842. AN ACT to incorporate the Thomaston Manufacturing Company, of the county of Upson. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the stockholders in and to the Thomaston Manufacturing Company, viz: Curran Rogers, William G. Andrews and Edwin C. Turner, their successors and assigns, be, and they are hereby constituted a body corporate and politic, by the name of the Thomaston Manufacturing Company, of the county of Upson, and by that name, they are hereby made capable and liable to sue and be sued, plead and be impleaded, answer and be answered unto, in any and all the courts of this State; and they are hereby empowered to hold, purchase, receive, possess, enjoy and retain, to and for themselves, their successors and assigns, lands and tenements, goods and chattels, rents and other property whatever, real or personal, of what kind soever, and the same to sell and dispose of, for the benefit of said Company; and to make and use a common seal, and the same to break at pleasure; to choose such officers and make such bye-laws, as they may deem necessary and proper, and do and perform all such acts, as the objects of said Company may require, not repugnant to the constitution and laws of the United States, and of this State. Sec. 2. And be it further enacted by the authority of the same , That the capital stock of said Company may be increased from time to time, so that it does not exceed fifty thousand dollars, to be divided into shares, disposed of, and applied as the interest of the Company may, from time to time, require.

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Sec. 3. And be it further enacted by the authority aforesaid , That in the event any debt or debts, shall be contracted by said Company, all their corporate property shall be held and absolutely bound for the payment of said debts so contracted. Sec. 4. And be it further enacted by the authority aforesaid , That the private property of the stockholders, be bound for the payment of the debts of the Company, as in case of private copartners. Sec. 5. And be it further enacted by the authority aforesaid , That this act shall continue and remain in force for twenty years, and no longer, any law to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 23d December, 1842. AN ACT to incorporate the town of Villa Rica, in the county of Carroll, and to appoint commissioners for the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the town lots now laid off, and which may hereafter be laid off on lot number one hundred and ninety-three, in the sixth district of said county be, and the same is hereby incorporated by the name of the town of Villa Rica. Sec. 2. And be it further enacted by the authority aforesaid , That Leonard C. Huff, Ezekiel S. Candler, Merrell C. Awtry, John B. Wick, and Clayton Williams, be, and they are hereby appointed commissioners of the town of Villa Rica, to hold their offices until the first day of January, eighteen hundred and forty-four, until their successors are elected, with power to sue and be sued in their corporate capacity, and pass all laws and by-laws that are not repugnant to the Constitution and laws of this State, nor of the United States. Sec. 3. And be it further enacted , That five commissioners shall be elected for the town of Villa Rica by the citizens of said town entitled to vote for members of the General Assembly of the State of Georgia, on the first Monday in January,

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eighteen hundred and forty-four, and on the first Monday in January thereaftear, until otherwise altered by law. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 24th December, 1842. AN ACT to repeal an act entitled an act, to repeal an act entitled an act to amend an act, entitled an act to make permanent the site of Public Buildings, in the town of Hamilton, Harris county; in the town of Newnan, Coweta county; in the town of Talbotton, Talbot county, and in the town of Greenville, Meriwether county, and to incorporate the same, passed the 20th December, 1828, so far as relates to the town of Greenville, assented to the 26th day of December, 1834, passed the 21st day of December, 1839. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That, from and after the passage of this act, the above mentioned part of the recited act, be, and the same is hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 27th, 1842.

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AN ACT to alter and amend the several acts for the government of the City of Macon, assented to the eighth of December, eighteen hundred and forty-one, so as to vest the appointment of Marshall for said City, in the Mayor and Council, instead of his being elected by the people. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, so much of the above recited act as relates to the election of Marshall, be, and the same is hereby repealed; and that the Mayor and Council of the city of Macon, meet in the Council room on the second Monday in January next, and every successive second Monday in January thereafter, or as soon after said specified times as possible, then and there to appoint a Marshall for said city, who shall serve as prescribed in the act assented to the eighth day of December, eighteen hundred and forty-one. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 26th December, 1842. AN ACT to amend the first section of an act, entitled an act to extend the corporate limits of the town of Athens, in the county of Clark, and to change the place of holding elections for officers of the Corporation in said Town, assented to, 23d of December, 1840. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid , That from and after the passage of this act, the corporate limits of the town of Athens, in the county of Clark, shall be, and they are hereby extended in every direction to the distance of two miles from the College Chappel.

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Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws, militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1842. AN ACT supplementory and amendatary to an act, assented to, December 24th, 1825, entitled an act to incorporate the town of Knoxville, in the county of Crawford. Whereas, the eleventh section of the above recited act in defining the limits of said incorporation, reads as follows, to wit: that the town shall comprehend within its limits, all persons residing within the boundaries of the square, or lot of land, upon which the Public Buildings of the county are situated; and that no person shall be elected a Commissioner, or an officer of said town, who shall not reside within those limits; and that whereas, the said county of Crawford, has acquired other, and additional lands upon which has been erected and constructed a jail; and for the purposes of extending the said incorporation, over the said acquired lands. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the said incorporation of the town of Knoxville, shall extend over, and include all the lately acquired lands, by the said county of Crawford, upon which there have been a jail constructed and erected, and that all persons residing and living upon said land, shall be entitled to all the privileges, and subject to all the liabilities of other citizens residing within the limits of the said incorporation, of the town of Knoxville. Sec. 2. And be it further enacted by the authority of the same , That Jeremiah C. Harvey, Elijah M. Amos, senior, Ephraim W. Dennis, Alfred Coleman and George D. Hunter, be, and they are hereby appointed Commissioners of the town of Knoxville, in the county aforesaid, and they, or a majority

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of them, shall have full power to convene at any time after the passage of this act, and proceed to the appointment of a Clerk, and such other officers, as they may deem necessary to carry this act into execution. Sec. 3. And be it further enacted , That the said Commissioners or a majority of them, shall have full power to convene at any and at all times, for the purpose of transacting any business, pertaining to the said incorporation; and they or a majority of them, shall have full power and authority to fill any vacancy, which may occur among them, either by death, resignation or otherwise. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1842. AN ACT to repeal an act entitled an act to incorporate the town of Brunswick, and for other purposes therein mentioned, passed 26th December, 1837, and for other purposes. Section. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, that the act passed 26th December, 1837, entitled an act to amend an act to incorporate the town of Brunswick, and to extend its jurisdictional limits, and for other purposes therein mentioned, passed 29th December, 1836; and also, to enlarge and describe the boundaries of Brunswick, and incorporate the same; to authorize the Mayor and Council to elect and appoint certain officers, to confirm certain grants, and to repeal all laws appointing commissioners for the town and commons of Brunswick be, and the same is hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That so much of the act passed 29th December, 1836, entitled an act to incorporate the town of Brunswick, and to extend its jurisdictional limits, and for other purposes therein mentioned, as relates to the election of town officers be, and the same is hereby suspended in its operation, until the population of said town of Brunswick shall be increased to four hundred resident inhabitants.

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Sec. 2. And be it further enacted by the authority of the same , That all laws and parts of laws militating against the provisions of this act be, and the same is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 23d December, 1842. AN ACT to incorporate the town of Fort Gaines, to appoint commissioners for the same, and to repeal all former laws incorporating said down. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, John W. Sutlive, William S. Wilson, John H. Jones, Richard Grist, and Alexander Marshall, be, and they are hereby appointed commissioners of the town of Fort Gaines, in the county of Early, of this State, and the said commissioners, or a majority of them, and their successors in office, shall have the right to sue and be sued, to plead and be impleaded, to use a common seal, and do all other matters and things which bodies politic and corporate may and can do. Sec. 2. And be it further enacted , That the said commissioners as aforesaid, or a majority of them, and their successors in office, shall have power and authority to pass all by-laws, rules and regulations, to assess and collect such taxes of the citizens residing within said town of Fort Gaines, which they or a majority of them may deem expedient or necessary for the good order, government and well-being of the same: Provided , That such by-laws, rules and regulations be not repugnant to the Constitution of the United States, or to the Constitution and laws of this State. Sec. 3. And be it further enacted , That when it shall so happen that any vacancy in the board of commissioners shall take place by death, resignation or otherwise, that then and in that case, two of the remaining commissioners shall give at least ten days notice of an election to be held at some place designated within the corporate limits of said town, which election shall be conducted with all the formalities,

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and under like rules and regulations as all other elections in this State are conducted, and carried on under the superintendence of said commissioners so ordering the same, and all persons shall be eligible to vote at such election for commissioners aforesaid, who are eligible to vote for members of the Legislature. Sec. 4. And be it further enacted , That on the first Monday in January, in the year eighteen hundred and forty-four, and on the first Monday in January every year thereafter, the citizens resident within the corporate limits of said town, entitled to vote for members of the General Assembly, shall meet at the council-house or room of the commissioners of said town, and elect five commissioners, who shall hold their office as such commissioners, until their successors are elected and qualified in conformity with this act; and whenever any vacancy shall occur in the said board of commissioners by death, resignation or otherwise, the remaining members of the board shall fill such vacancy. Sec. 5. And be it further enacted , That the commissioners under this act, before they enter upon the discharge of their duties, as such commissioners shall each take an oath to be administered by any Justice of the Peace, Justice of the Inferior Court, or Judge of the Superior Court, well and truly to conform, to the best of their abilities in the making by-laws, rules and regulations, in the assessment of taxes and fines to the best interest of the people of said town of Fort Gaines. Sec. 6. Be it further enacted , That the incorporate limits of the said town of Fort Gaines shall embrace all the inhabited parts of said town, and all the territory adjacent thereto, which has heretofore been, or which may hereafter be surveyed into town lots: Provided , That the commissioners of said town shall, at no time, by ordinances or otherwise, extend said corporate limits beyond the mouth of Sonochuchobe creek, north, nor below the mouth of the Ledbetter branch, south, nor exceeding one mile east of the Chattahoochee. Sec. 7. And be it further enacted , That all laws heretofore passed, incorporating said town of Fort Gaines be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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AN ACT to legalize and make valid the opening of books for subscription of capital stock in the Union, Lumpkin and Habersham Turupike Company, and for other purposes. Whereas, books for subscription of capital stock in said Company was not opened within the time prescribed within the act chartering said Company; wherefore Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the acts, so far as relates to opening said books, shall be considered legal and valid to all intents and purposes, as though said books had been opened within the time prescribed in the acts chartering said company. Sec. 2. And be it further enacted , That said company shall be allowed to charge and collect the further rates of toll on said road, to wit: from each four wheel wagon, drawn by four or six oxen, thirty-seven and a half cents; for each two wheel carriage or cart, drawn by two oxen, the sum of twenty-five cents; for each man and horse, six and one-fourth cents. Sec. 3. And be it further enacted , That said road shall be so graded, as not to ascend or descend more than one foot in ten, at any rise or fall, any law or usage to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 8th December, 1842. AN ACT to incorporate the Amoye Calola Turnpike Company; and to grant certain privileges to the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That a Turnpike Road of suitable width and dimensions, (to be adjudged of by the Justices of the Inferior Court of Gilmer county,) shall be established from Ellijay, in Gilmer county, across the Amoye Calola mountain, at such gap as the said Company may deem best, to the Lumpkin county line, at or near Levi Clark's, in the said county of Lumpkin; the proprietors of which, may dispose of a capital stock of five thousand dollars, divided into shares of one hundred dollars each.

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Sec. 2. And be it further enacted by the authority aforesaid , That the subscription for constituting and collecting the capital stock of said Company or Incorporation, shall be opened on the first Monday in January next, in the town of Ellijay, under the direction and superintendence of Peter Patterson, Henry Wikel, Samuel B. West, John Addington and Larkin Stephens; and the books of subscription, shall be kept open for the space of twenty days, during which time it shall and may be lawful for any person or copartnership to subscribe for any number of shares not exceeding five; Provided , That if the whole number of shares are not taken up within twenty days, as aforesaid, it shall be lawful, for any person or copartnership, to subscribe for any number of shares unsubscribed for. Sec. 3. And be it further enacted by the authority aforesaid , That when said subscription be filled, the stockholders may proceed to the election of five commissioners, to manage the affairs and concerns of said Company; said election to be held at Ellijay, under the direction and superintendence of the persons herein appointed to open books, at that place, after they shall have been notified that the stock has been taken up, and after they shall have given twenty days notice of the time of said election, at the place where the books for subscription were opened; the number of votes that each stockholder shall be entitled to, shall be regulated by the number of shares which he may hold, one share shall entitle the holder to one vote; two shares, and not exceeding five, to two votes; Provided , That no person shall be entitled to more than seven votes. Sec. 4. And be it further enacted by the authority aforesaid , That all those who shall become subscribers in said Company, their successors, and assigns, shall be, and they are hereby created and made a corporation and body politic, by the name and style of the Amoye Calola Turnpike Company, and are hereby made capable in law, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in any court whatsoever; to make and have a common seal, and also, to ordain, establish and put in execution, such bye-laws, ordinances and regulations as may be necessary for the government of said Corporation; Provided , The same be not repugnant to the laws and constitution of this State, and the United States. Sec. 5. And be it further enacted by the authority aforesaid , That the said Commissioners shall continue in office, for the term of one year, from the day of their election, and they shall have power to fill any vacancy that may occur, by death, resignation, or otherwise, and at the end of their term of office, to an election for Commissioners at such place and under such regulations as their bye-laws may direct.

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Sec. 6. And be it further enacted by the authority aforesaid , That when said Board of Commissioners, shall be elected and organized, in manner aforesaid, they are hereby empowered to call in any sum not exceeding twenty-five per cent. on the amount of subscription, on giving twenty days notice of the time such payment is required to be made, and to make such further call upon the stockholders as they may think proper; Provided , the same be not oftener than once in three months; and if there shall at any time be a failure to pay the first sum so called for by said Board, the person or persons so failing, shall forfeit the shares, for which they have subscribed, and the Board may dispose of the same; and the subscribers so failing, shall forfeit and pay to said Board, for the use of said Company, five dollars, for each share he, she or they, may have held, to be recovered in any court having jurisdiction thereof; for any further failure, there shall be a forfeiture of the shares and the amonnt paid in. Sec. 7. And be it further enacted by the authority aforesaid , That any person or persons, injuring, by cutting timbers in or across said Road, or obstructing it in any other way, shall be guilty of a misdemeanor, and on conviction, be fined at the discretion of the court; and also, be liable to an action for damages, at the suit of the party aggrieved. Sec. 8. And be it further enacted by the authority aforesaid , That said Company shall have power to erect one toll gate, at such place on said road, as they may think proper, and may charge, demand and collect, the following rates of toll: for every six, five, or four horse, or ox wagon, fifty cents; for all two horse four wheel pleasure carriages, fifty cents; for all two horse wagons, gigs, sulkies, and other one horse vehicles of pleasure, twenty-five cents; for all ox carts, drawn by two oxen, twenty-five cents; for all one horse carts or wagons, eighteen and three-fourth cents; for each man and horse, twelve and a half cents; for each head of horses, mules or asses, led, or driven, five cents; for each head of cattle, two and a half cents; for each head of hogs, sheep or goats, one cent; Provided nevertheless , that the citizens of the county of Gilmer, shall not be required to pay toll at said gate. Sec. 9. And be it further enacted by the authority aforesaid , That said Turnpike Road, shall be commenced within four months from the first day of January next, and be finished within one year thereafter; and when finished, shall vest in said Company, in fee simple, for the term of twenty years. Sec. 10. And be it further enacted by the authority aforesaid , That said Company shall not be permitted to charge toll, until they shall have obtained a certificate from the Inferior Court of Gilmer county, that the Road has been built according to the true intent and meaning of this act, nor shall they charge toll unless their rates of toll are published, and stuck up at said toll gate.

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AN ACT to incorporate the Tacoah Turnpike Road, and to grant certain privileges to the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That a Turnpike road of suitable width and dimensions (to be adjudged of by the persons hereinafter named,) shall be established from Dahlonega, in Lumpkin county, across the Blue ridge, at such gap as the said company may deem best, at the head waters of Tacoah River, in the county of Union, thence down said river, to the State line, at or near Duck town, in the county of Gilmer, to intersect the Turnpike road at the State line; the proprietors of which may dispose of a capital stock of twenty thousand dollars, divided into shares of fifty dollars each. Sec. 2. And be it further enacted , That the books of subscription for constituting and collecting the capital stock of said incorporation shall be opened on the first Monday in March next, at the town of Dahlonega, in Lumpkin county, under the direction and superintendence of James H. Worley and William Martin; and at the house of Willis Woody, in the county of Union, under the direction and superintendence of Isaac N. Grier and Elisha Hunt; and at the house of E. W. Chastain, in the county of Gilmer, under the direction and superintendence of William Thomas, senior, and B. F. Chastain; and the books of subscription shall be kept open for the space of thirty days, during which time it shall and may be lawful for any person or copartnership to subscribe for any number of shares, not exceeding fifty: Provided , That if the whole number of shares are not taken up within the space of thirty days, as aforesaid, it shall be lawful for any person or copartnership to subscribe for any number of shares unsubscribed for. Sec. 3. And be it further enacted , That when said subscription be filled, the stockholders may proceed to the election of five commissioners to manage the affairs and concerns of said company; said election to be held at the House of Willis Woody, in Union county, under the direction and superintendence of the persons herein appointed to open books at that place; after they shall have been notified that the stock has been taken up, and after they shall have given thirty days notice of the time of said election, at the place where the books for subscription were opened, the number of votes that each stockholder shall be entitled to, shall be regulated by the number of shares which he may hold, one share shall entitle the holder to one vote, two shares and not exceeding five, to two votes, and for every five shares above five, two votes: Provided , That no person shall be entitled to more than seven votes.

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Sec. 4. And be it further enacted , That all those who shall become subscribers in said company, their successors and assigns shall be, and they are hereby created and made a corporation and body politic, by the name and style of the Tacoah Turnpike Company; and as such, are made capable in law, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in any Court whatsoever, to make and have a common seal; and also, to ordain, establish and put in execution, such by-laws, ordinances and regulations as may be necessary for the government of said corporation: Provided , the same be not repugnant to the laws and Constitution of this State, and of the United States. Sec. 5. And be it further enacted , That the said commissioners shall continue in office for the term of one year from the day of their election, and they shall have power to fill any vacancy that may occur in said board by death, resignation, or otherwise, and at the end of their term of office, to hold an election for commissioners, at such place and under such regulations as their by-laws may direct. Sec. 6. And be it further enacted , That when said board of commissioners shall be elected and organized in manner aforesaid, they are hereby empowered to call in any sum not exceeding twenty-five per cent on the amount of subscription, on giving twenty days notice of the term such payment is required to be made, and to make such further calls upon the stockholders, as they may think proper: Provided , the same be not oftener than once in three months; and if there shall, at any time, be a failure to pay the first sum so called for by said board, the person or persons so failing, shall forfeit the shares for which they have subscribed, and the board may dispose of the same, and the subscribers so failing, shall forfeit and pay to said board, for the use of said company, ten dollars for each share he, she or they may have held, to be recovered in any Court having jurisdiction thereof; for any further failure, there shall be a forfeiture of the shares, and the amount paid in. Sec. 7. And be it further enacted , That any person or persons injuring the property by cutting timbers in or across said road, or obstructing it in any other way, shall be guilty of a misdemeanor, and on conviction, be fined at the discretion of the court, and also, be liable to an action for damages at the suit of the party aggrieved. Sec. 8. And be it further enacted , That said company shall have power to erect as many gates as they may think necessary, at such places as they deem proper, and may charge, demand and collect the following rates of toll, viz: for every six, five or four horse or ox wagon, one dollar; for all two horse four wheeled pleasure carriage, seventy-five cents; for all two horse wagons, gigs, sulkies, and other one horse

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vehicles of pleasure, twenty-five cents; for all ox carts, drawn by two oxen, twenty-five cents; for all one horse carts or wagons, eighteen and three-quarter cents; for each man and horse, twelve and a half cents; for each head of horses, mules or asses, led or driven, five cents; for each head of cattle, two cents; for each head of hogs, sheep or goats, one cent; Provided nevertheless , that the citizens of the counties of Lumpkin, and Gilmer, and Union, shall not be required to pay toll at said gates. Sec. 9. And be it further enacted , That said Turnpike Road shall be commenced within one year from the first day of January next, and be finished within two years, thereafter; and when finished, shall vest in said Company, in fee simple, for the term of fifty years. Sec. 10. And be it further enacted , That the Inferior Court of each of the counties of Lumpkin, Union and Gilmer, shall appoint one Commissioner from each county, whose duty it shall be to examine said Road; and whenever the said Commissioners shall pronounce the said Road to be built according to the direction of the Inferior Courts of said counties or according to the true intent and meaning of this act, then the said Company may proceed to the collection of tolls at their gates; Provided , that the said Company shall not exact toll, but at one of the gates, from the same individual; nor shall they charge toll unless their rates of toll are published, and stuck up at said toll gates. Sec. 11. And be it further enacted , That the private property of the stockholders of said Company shall be jointly and severally bound for the debts of said Company, as in case of common partners; Provided , that nothing in the above recited act, shall be so construed, as to authorize said Company to exercise Banking privileges, or to issue any change bills, checks, or drafts, in any manner whatever. Sec. 12. And be it further enacted , That if the said Road shall not be kept in good and sufficient repair, according to the true intent and meaning of this act, the justices of the peace, in the district in which the said gates shall be located, shall be authorized, and it is hereby made their duty to throw and keep open, the said gates, until the said Road shall be put in good order. Sec. 13. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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AN ACT to incorporate the Talking Rock Turnpike Company, and to grant certain privileges to the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That a Turnpike Road of suitable width and dimensions be constructed from the east Bank of the Coosawattee river, in the county of Murray, just above the mouth of the Talking Rock Creek, where the Federal Road now crosses said Creek; that Asa Johnson, James A. and Jasper Johnson, of the county of Gilmer, and such other persons as they may associate with them, and their assigns, shall hereafter be a body politic and corporate, by the name and style of the Talking Rock Turnpike Company, and by said corporate name, shall be capable in law, to buy, hold, and sell, real and personal estate, make contracts, sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, and to make all bye-laws necessary for the government of said Corporation; Provided , the same be not repugnant to the laws and constitution of this State, or of the United States. Sec. 2. And be it further enacted , That William Kelley, John S. James, Grief Williams, James Simmons and Bithel B. Bradley, are hereby made and constituted a Board of Commissioners, to examine and receive the said Road and they or a majority of them, shall prescribe the plan upon which the said Road shall be built, and whenever they, or a majority of them, shall say that the road has been built according to the plan, so laid down, then, and not until then, the said Company may hoist their gate, for the purpose of demanding toll. Sec. 3. And be it further enacted , That the said Company shall have power to erect one toll gate, at such place on said road, as they may think proper, and charge, demand and collect, the following rates of toll: for each six, five or four horse wagon, one dollar; for every two horse or ox wagon, fifty cents; for each two horse four wheel pleasure carriage, sixty two and a half cents; for each one horse four wheel pleasure carriage, thirty-seven and a half cents; for each ox cart, twenty-five cents; for each man and horse, twelve and a half cents; for each horse, mule, or ass, led, six and a quarter cents; for each drove horse or mule, three cents; for each head of cattle, sheep or goats, two cents; for each head of hogs, one cent; Provided nevertheless , that the citizens of the county of Gilmer, shall not be required to pay toll at said gate. Sec. 4. And be it further enacted , That said Turnpike Road shall be commenced within six months from the first day of January next, and be completed within two years thereafter, and when finished shall vest in said company, in

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fee simple; Provided however , that the State reserves the right to purchase said Road at a fair valuation, after the lapse of twenty-five years from its completion. Sec. 5. And be it further enacted , That any person or persons injuring the property of said Company, by cutting timbers in, or across said Road, or obstructing it in any other way, shall be guilty of a misdemeanor, and on conviction, be fined at the discretion of the court, and also, be liable to an action for damages, at the suit of the party aggrieved. Sec. 6. And be it further enacted , That the private property of said Company, shall be jointly and severally bound for the debts of said corporation, as in case of common partners; Provided , that nothing in the above recited act, shall be so construed, as to authorize said Company to exercise Banking privileges, or to issue any change bills, checks, or drafts, in any manner whatever. Sec. 7. And be it further enacted , That all laws or parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate CHARLES J. McDONALD, Governor. Assented to, December 8, 1842. AN ACT to incorporate the Walker County Marble Company, and for other purposes; and to incorporate the Augusta Warehouse Company. Whereas, it is represented that William Hinton, and others, of the county of Walker, in this State, are possessed of the following lots of land, to-wit: numbers three hundred and four, and three hundred and nine, in the ninth district of the fourth section, of originally Cherokee, now Walker county, containing therein valuable Marble Quarries, together with certain necessary machinery, for carrying on the business of working said Marble; and whercas , it is proposed to enlarge the business of working said Marble, which cannot be done so effectually by individual resources, as by the combined means and energies of an incorporated Company. Therefore, Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the said

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William Hinton and his associates, and such other persons, as may hereafter become subscribers and stockholders in said Company, and their successors and assigns, shall be and they are hereby created and constituted a body corporate and politic, by the name and style of the Walker County Marble Company; and by that name shall be, and they are hereby made able, and capable in law, to have, receive, purchase, possess, enjoy and retain to them and their successors and assigns, any lands, tenements, hereditaments, goods, chattels and effects, of whatever kind, nature, or quality, the same may be; and the same to sell, grant, demise, alien and dispose of, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in any court of law or equity, or any place whatever; to make and have a common seal, and the same to break and amend at pleasure; and also, to ordain, establish, and put in execution such bye-laws, rules and regulations, as shall be necessary and proper for the government of said Corporation; Provided , they be not repugnant to the laws and constitution of this State, or the United States, and generally to do and perform, all and singular, such acts, matters or things, as corporations may legally do and perform, for the purpose of carrying into effect the objects of said association. Sec. 2. And be it further enacted by the authority aforesaid , That the cnpital stock of said company, shall not exceed fifty thousand dollars, to be divided into shares of one hundred dollars each; and the said company shall have full power and authority to open books of subscription, for stock in the same, at such times and places, and under such rules and regulations, as they may ordain and establish. Sec. 3. And be it further enacted by the authority aforesaid , That John P. King, Gazaway B. Lamar, George Hargrove and others, the present owners of the Warehouse and Lot, on the Northeast corner of Jackson and Reynold streets, in the city of Augusta, and their successors and assigns, be and they are hereby made a body corporate, under the name and style of the Augusta Warehouse Company; with power to use and exercise all necessary privileges and powers, for the transaction of their business; and to make all bye-laws necessary to the transaction of the business and management of the affairs of said Company, not inconsistent with the laws of this State. Sec. 4. And be it further enacted by the authority aforesaid , That the private property of the stockholders shall be bound for the payment of any debts created by said Company, as in case of common partners. Sec. 5. And be it further enacted by the authority aforesaid , That nothing in this act contained, shall be so construed as to authorize said Corporation to use and exercise Banking privileges.

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Sec. 6. And be it further enacted by the authority aforesaid , That all laws and parts of laws, militating against this act, be and the same is hereby repealed, WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to incorporate the Monroe Agricultural Society. Whereas, the people of Georgia are interested in every thing that increases the fertility and value of their landed property, that improves the breeding and keeping of all kind of stock; and whereas, it becomes the law-making power to foster and cherish all institutions founded with the above laudable purposes in view. Section 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Josiah G. Jordan, Henry J. Chalmers, Elby W. Todd, Charles T. Caldwell, Edmond Jackson, Josiah Feagerson, Allen Cochran, Warren Jackson, Baldwin Davis, William Varner, Wilie Barrow, Thomas Dyson, James D. Lester, James H. Mayes, James M. Parsons, John H. Strother, and Andrew West, and their successors in office be, and they are hereby constituted and appointed a body coporate, to be known by the name and style of the Monroe Agricultural Society, and as such, may have, hold, retain, enjoy and possess all kinds of property, both real and personal, by deed, gift, or otherwise, and shall sue and be sued, plead and be impleaded, answer and be answered in all the Courts of law and equity in this State; and shall, for their better government and existence, make such by-laws and regulations as a majority of them may deem necessary and proper: Provided , the same be not inconsistent with the laws and Constitution of either this State or the United States. Sec. 2. And be it further enacted , That all vacancies that shall occur by death, resignation or otherwise, may be filled by a majority of the Trustees in office, at the time such vacancy may happen.

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Sec. 3. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. JURISDICTION OF JUSTICES COURTS. AN ACT to declare and make certain the law of this State in relation to the jurisdiction of Justices Courts, in certain cases. Whereas, it has been of late, held and considered in some parts of this State, that the act of 1811, relating to justices Courts, and authorizing Justices of the Peace in certain cases, to give judgment in several cases on the same day between the same parties, and in favor of the same plaintiff; and when the aggregate amount of such judgments exceeds the sum of thirty dollars, c.; is contrary to the constitution of the State as it then existed, and is therefore of no authority; and whereas it is right and proper, that the law in this particular should be made certain according to its long construction and understanding, Section 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That in all cases, when 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 dates, 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, as in other cases; and in such case, the Justice or

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Justices are hereby authorized to give judgment as in other cases, any opinion, usage, or construction to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 26th December, 1842. JURORS. AN ACT to repeal an act to compensate Grand and Petit Jurors in the counties of Ware and Chattooga, assented to, 19th December, 1840, so far as relates to the county of Chattooga; and also, to repeal an act to compensate Grand and Pettit Jurors, assented to 23d December, 1837, so far relates to the counties of Cherokee and Floyd. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That an act entitled an act to compensate Grand and Petit Jurors, in the counties of Ware and Chattooga, assented to nineteenth December, eighteen hundred and forty, be and the same is hereby repealed, so far as relates to the county of Chattooga. Sec. 2. And be it further enacted , That an act entitled an act to compensate Grand and Pettit Jurors, in the several counties therein named, assented to twenty-third December, eighteen hundred and thirty-seven, be and the same is hereby repealed, so far as relates to the counties of Cherokee and Floyd. Sec. 3. And be it further enacted by the authority of the same , That all laws and parts of laws militating against this act, be and the same is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor Assented to, 26th December, 1842.

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AN ACT to repeal so much of an act, to compensate the Grand and Petit Jurors of certain counties therein named, assented to 23d December, 1837, so far as relates to the county of Fayette. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That so much of the above recited act, as relates to the county of Fayette, be and the same is hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 28, 1842. AN ACT to compensate Grand and Pettit Jurors for the county of Jackson; and to authorize the Justices of the Inferior Court to levy an extra tax for that purpose. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That all persons who may be summoned to attend the Superior and Inferior Courts of the county of Jackson, as Grand and Pettit Jurors, and who shall be sworn and impannelled as Jurors, shall severally be entitled to receive the sum of one dollar each per day, for each and every day, the said Juror shall attend as aforesaid. Sec. 2. And be it further enacted by the authority aforesaid , That the fee of three dollars now allowed by law for the trial of each and every case in said courts, and all other fees allowed by law, shall be received by the respective clerks of the Superior and Inferior Courts of said county; and it shall be the duty of the Clerks as aforesaid, at the close of such Court, to pay over to each juror his proportionable part of the money raised as aforesaid, and to give to the said juror a certificate for the balance due him, which certificate shall be presented to the county Treasurer, and he is hereby authorized and required, to pay the same out of the county funds;

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the fees raised by the Grand and Pettit Jurors, as above to be kept seperate and paid out accordingly. Sec. 3. And be it further enacted by the authority aforesaid , That for the purpose of enabling the Treasurer of said county to pay the said Jurors as provided for in this act, the Justices of the Inferior Court of said county are hereby authorized to levy an extra tax upon the citizens of said county, not exceeding twenty-five per cent. of the amount of tax for the time being; which taxes when collected, shall be, by the collector thereof paid into the county Treasury, for the purposes aforesaid. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws, militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 26th, 1842. AN ACT to alter the law in relation to drawing, summoning and empannelling Pettit Jurors, so far as relates to Montgomery county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Superior and Inferior Courts of said county of Montgomery, shall at each time of said Courts respectively, draw only fifteen Petit Jurors, instead of the number now authorized by law, who shall be summoned to attend said Courts respectively; and if a sufficient number shall not attend to form one Jury, [or] if it shall be necessary to form two Juries, the requisite number shall be made up by summoning talesmen. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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AN ACT to repeal an act passed December 8th, 1841, repealing an act to compensate Grand and Pettit Jurors, so far as relates to the county of Franklin; and revive an act, c. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the above recited act be, and the same is hereby repealed, and that the original act granting pay to the Grand and Petit Jurors of Franklin county be, and the same is hereby revived. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23, 1842. AN ACT to repeal so much of an act as relates to the county of Scriven, compensating Grand and Petit Jurors, passed December 23d, 1837. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, so much of the before recited act as relates to the county of Scriven be, and the same is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 23d December, 1842. AN ACT to amend an act to compensate Jurors in the county of Bibb. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and

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it is hereby enacted by the authority of the same , That the first section of the above recited act be so amended that all fees for verdicts and confessions of judgment, in cases on the appeal docket of the Superior Court of said county of Bibb, shall be paid to the Grand Jury thereof. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December, 3d, 1842. AN ACT to repeal so much of an act to compensate Grand and Petit Jurors of the Superior and Inferior Courts of certain counties therein named, so far as relates to the county of Murray, assented to on the 23d day of December, 1837. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, that so much of the above recited act as provides for the compensation of citizens of Murray county, summoned to attend the Superior and Inferior Courts of said county, be, and the same is hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That all monies received from judgments signed and judgments confessed, in the Superior and Inferior Courts, shall be paid directly to the several jurors thereof, agreeable to the laws in force at the time of the passage of the above recited act, any law, usage, or practice, to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842.

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LAND COURTS. AN ACT to define the office of the Clerk of Land Courts. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, that the Clerk of the Inferior Court of each county, is hereby declared to be the Clerk of the Land Court, in the county in which he is Clerk, except the counties of Bryan and Bulloch. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. LANDS REVERTED. AN ACT to extend the time for fortunate drawers in all the land lotteries and in the gold lottery, to take out their grants, assented to 10th December, 1841; and to limit the time for the fortunate drawers in said lotteries, to take out their grants, and to provide for the disposition of the same, if not granted within the limitation; and to provide for taking out grants on head rights. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That an act entitled an act to extend the time for the fortunate drawers in all the land lotteries and in the gold lottery, to take out their grants, except in the counties hereinafter excepted, assented to tenth December, eighteen hundred and forty-one, be, and the same is hereby repealed. Sec. 2. And be it further enacted by the authority aforesaid , That the fortunate drawers in the land lottery of eighteen hundred and twenty-one, embracing the counties of originally

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Dooly, Houston, Monroe, Henry, and Fayette; and the fortunate drawers in the land lottery of eighteen hundred and twenty-seven, embracing the counties of Lee, Muscogee, Troup, Coweta, and Carroll; and the fortunate drawers in the land and gold lottery of eighteen hundred and thirty-two, embracing the county of originally Cherokee, but now Cherokee, Forsyth, Cobb, Cass, Lumpkin, Gilmer, Murray, Walker, Paulding, Dade, Chattooga, Union, and Floyd, shall take out their grants on or before the first day of July, eighteen hundred and forty-three, or the same shall be considered as reverted to the State: Provided, always , That the operation of this act shall not apply to lands drawn by orphans, until twelve months after the youngest one shall have attained the age of twenty-one years, only so far as to authorize the commissioner or commissioners to issue a certificate to the highest bidder as hereinafter provided: but a grant in no instance shall issue on said certificate, until the purchaser shall file the affidavit of two or more respectable witnesses, that the privilege of the orphan or orphans under the provisions of this act, have expired: Provided, further , That if any person shall apply for a grant for any of the lands mentioned in this act, at any time before the first day of July next, and leave the price of the same, and the grant or grants cannot be prepared in time, that the proper officers shall be, and they are hereby required to issue grants as of the date of the application. Sec. 3. And be it further enacted by the authority aforesaid , That said ungranted lands shall be exposed to sale at public out cry, before the Court House door, in the several counties where said lands are situated, by one or more commissioners to be appointed by the Executive, who shall give bond with good and sufficient security to the Governor and his successors in office, in a sum not less than double the amount of grant fees, accruing to the State, from the number of ungranted lots in the county or counties in which he may be a commissioner. Sec. 4. And be it further enacted by the authority aforesaid , That said commissioner or commissioners shall advertise the time and place of said sale in such public gazettes as may be designated by the Executive; that said commissioners shall offer said lands for sale at the minimum price now established by law, to the highest bidder, and keep a book or books in which shall be registered the ungranted lots and the names of the highest bidders, with the amount of the bids; and upon payment of the money, he or they shall give a certificate of the payment of the purchaser setting forth the number of the lot, and the amount of his bid, which said certificate shall be sufficient authority for a grant to issue to the purchaser, except in the case hereinbefore provided; and if payment is not made on the day of sale, the lot may be resold,

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which fact shall be noted in the commissioners register, and also, in the certificate given to the second purchaser. Sec. 5. And be it further enacted by the authority aforesaid , That said commissioners shall make a return of their proceedings under the provisions of this act, and pay over to the Treasury the amount of money collected by them, on or before the first Monday in November, eighteen hundred and forty-three; and the Governor shall issue his warrant on the Treasurer in favor of said commissioners for such amount as he may deem reasonable and just for the time they were employed, and the responsibility imposed upon them. Sec. 6. And be it further enacted by the authority aforesaid , That from and immediately after the passage of this act, any person applying to take out any grant in the above described counties, shall take an oath that he is the proper owner of said lot, or the lawful agent of the owner thereof, and shall produce a power of Attorney from the owner of said lot properly attested: Provided , That any judgment creditor, or the Attorney of a judgment creditor residing out of the State, may take out such grant upon making and filing his or her affidavit, that he or she is a judgment creditor of the drawer, and applies for the grant for the purpose of selling the said lot under his or her execution. Sec. 7. And be it further enacted by the authority aforesaid , That the money arising from the sales and grants of the lands embraced in this act, shall be paid into the Treasury of this State. Sec. 8. And be it further enacted by the authority aforesaid , That it shall be the duty of the Governor to cause the publication of this law immediately after its passage, in two or more of the papers in Milledgeville, and for as long a period as he may deem necessary to give it general publicity. Sec. 9. And be it further enacted by the authority aforesaid , That when any person may have had lands surveyed on head rights, and the time may have elapsed for taking out the grants, such persons shall be entitled to receive their grants upon the payment of the usual fees: Provided , the same has not been granted to some other person. Sec. 10. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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MILITIA. AN ACT to authorize the Commanding Officer of the one hundred and thirty-second Battalion of Georgia Militia, in Butts county, to remove the present muster ground, to Jackson, in said county. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the commanding officer of the one hundred and thirty-second battalion of Georgia Militia, in Butts county, be, and he is hereby authorized to remove the present muster ground of said Battalion to Jackson, the present county site in said county of Butts, and that all persons liable to militia duty in said Battalion, shall be bound to attend at Jackson, then and there to perform militia duty, according to the laws now in force in this State, any law or usage or custom to the contrary thereof, notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. AN ACT to incorporate the Jones county Cadets, with exemptions therein mentioned. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the Jones county Cadets, are hereby incorporated under the name and style of the Jones county Cadets, the members thereof, or a majority of them, are hereby authorized and empowered to form such rules and regulations, and pass such by-laws for their government, as they may think proper, which rules and regulations and by-laws, when formed and passed, shall be binding on said Company, to all intents and purposes;

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and in the same manner as if they were particularly mentioned in this act; Provided , such rules, regulations and bylaws, shall not be repugnant to the Constitution and laws of this State, or of the United States. Sec. 2. And be it further enacted by the authority aforesaid , That the Jones county Cadets be, and they are hereby exempted from all Militia duty excepting such as may be required of them as members of said Corps; such exemptions not to exonerate them from drills and inspections, ordered by the Commander-in-Chief. Sec. 3. And be it further enacted by the authority aforesaid , That the above exemptions are not to be claimed or extended to said Corps of Jones Cadets, during the time of any war, invasion or insurrection. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 26th, 1842. AN ACT to incorporate a Company of Cavalry, in the county of Newton, to be known under the name of the Newton Independent Horse Company; and to require His Excellency the Governor to furnish the same with suitable swords, and to grant other privileges described; and two other Companies in the county of Bulloch and Tattnall, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Volunteer Cavalry in the county of Newton, shall be incorporated under the name and style of the Newton Independent Horse Company, and shall be authorized to form such rules and regulations, and pass such by-laws for their government, as they may think proper, which shall be binding on said Company, to all intents and purposes; Provided , such rules, regulations and bylaws, be not repugnant to the laws of this State, or of the United States. Sec. 2. And be it further enacted by the authority aforesaid , That a board of officers of said Company, consisting of three or more, two of whom shall be commissioned officers,

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shall be competent to form a Court of Enquiry, and to try and fine delinquents for non attendance, or other default, or misconduct, as members of said Company, which Court shall be governed by the laws and rules regulating company Courts of Enquiry in this State. Sec. 3. And be it further enacted by the authority aforesaid , That all persons enrolled as members of said Company, or who may hereafter enroll themselves as members thereof, shall be exempted from all militia duty, excepting such duties as may be required of them as members of said company; Provided , that said exception shall not exonorate the members of said company from drills and inspections, which may be ordered by the Commander-in-Chief, as required by law; And provided also , that the said exceptions shall not extend to times of insurrection or actual war. Sec. 4. And be it further enacted by the authority aforesaid , That His Excellency the Governor, be, and he is hereby authorized to furnish said Company with sixty swords, upon the Captain or commanding officer giving bond with sufficient security, to His Excellency the Governor, or successors in office, to return the same, whenever they may be called for. Sec. 5. And be it further enacted by the authority aforesaid , That His Excellency the Governor, be requested to furnish fifty swords, holsters and pistols, to each of the following Troops of Cavalry, to-wit: The troop in Bulloch, and the Tatnall Guards, in Tatnall county, on receiving security in such cases; And be it further enacted , that the swords furnished the Georgia Huzzars, a few years since, be placed at the disposal of the Major of the squadron; Provided , said Huzzars may consent to give them up; And be it further enacted by the authority aforesaid , that the several Troops or Corps of Cavalry be authorized to attach themselves to the first division Georgia Militia, and upon such laws as now govern the said squadron. Sec. 6. And be it further enacted by the authority aforesaid , That His Excellency the Governor, is hereby required to furnish the Cavalry Company of Cherokee county with seventy stand of swords and pistols. Sec. 7. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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AN ACT to authorize the Irish Jasper Greens, a volunteer company, in the city of Savannah, to uniform themselves in green, with such ornaments as they may select, and to furnish the said Company seventy-five stand of Muskets. Section 1. Be it enacted by the Senate and 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 Irish Jasper Greens, of the city of Savannah, are hereby authorized to uniform themselves in green, with such ornaments as they may select; any law, usage or custom to the contrary notwithstanding. Sec. 2. And be it further enacted by the authority aforesaid , That the Governor be authorized to furnish said Company with seventy-five muskets, upon his receiving satisfactory security from the officers of said Company. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to authorize His Excellency the Governor, to furnish the Corps of Floyd Rifles, of the city of Macon, with seventy-five stand of arms; and to grant certain privileges to the Augusta Artillery. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That His Excellency the Governor, is hereby authorized to furnish, or cause to be furnished, to the commanding officer of the Floyd Rifles of the city of Macon, seventy-five Yaugers, for the use of said Company; Provided , said commanding officer enter into bond, with such security as shall be satisfactory to His Excellency the Governor, to return said Yaugers to the Arsenal in Milledgeville, in good order, at any time when he shall be required to do so by the Governor of this State.

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Sec. 2. And be it further enacted by the authority aforesaid , That the Augusta Artillery Guards, in the city of Augusta, shall and hereby have the privileges of receiving and enroling the names of not exceeding one hundred individuals, who shall be styled honorary members of said Company, and the individuals whose names are thus enrolled, shall be exempt from all ordinary militia duty, so long as they shall continue their membership in said Corps, and shall continue to comply with the following requisitions, to wit: each individual on becoming an honorary member, shall pay into the treasury of said Company, a sum not exceeding ten dollars, to be fixed by said Company, and shall continue to do so annually thereafter, in advance, so long as he shall continue his membership. Sec. 3. And be it further enacted by the authority aforesaid , That the Augusta Artillery Guards may determine upon and adopt their own style of uniform, and shall have power to make all by-laws, necessary for their government. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws, in any wise militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 24, 1842. AN ACT to amend the Militia Laws of this State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That in case the persons liable to militia duty in any Regiment or Battalion, shall refuse or neglect to obey the order of the commandant of the Brigade, to elect officers to the command; it shall be the duty of the commandant of the Brigade in which such Regiment or Battalion may be, to appoint competent persons to the command thereof, who shall hold their appointments for twelve months, or until others shall be elected and commissioned; and if the person so appointed shall refuse to accept the appointment, or to qualify themselves for the command according to law, said commandant shall appoint others from time to time, for the term of time above limited.

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Sec. 2. And be it further enacted by the authority aforesaid , That the person so appointed, shall have all the power and authority of officers duly elected and commissioned, to such commands, and shall be obeyed and respected as such. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 19th December, 1842. AN ACT to incorporate a Volunteer Company in the county of Putnam, to be called the Putnam Guards, and to authorize the Governor to furnish arms for said Company, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the several persons and members of the Volunter Company of the county of Putnam, called the Putnam Guards, commanded by Captain James W. Armstrong, and such other persons as may hereafter become members thereof and their successors and officers, be, and they are hereby made a body corporate by the name and style of the Putnam Guards, and by said name, shall have perpetual succession of officers and members, with power to make, alter, change and amend such by-laws and regulations as may be agreed upon by the officers and members of said Company; Provided , such by-laws and regulations be not contrary to the constitution and laws of this State. Sec. 2. And be it further enacted by the authority aforesaid , That His Excellency the Governor, be required to furnish for the use of said Company, sixty stand of arms and equipments, upon the officers of said Company, giving bond with sufficient security for the return of said arms; seventy stand of arms and equipments, for the Fayette Blues; and sixty stand of arms for the Columbus Guards, upon the officers of said Companies, giving bond in the same manner as above mentioned; Provided , said Companies shall pay the expense of carrying and returning said arms from and to the Arsenal, whenever the State shall require them, or the said Company shall be dissolved.

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Sec. 3. And be it further enacted by the authority aforesaid , That the said Volunter Company, (Putnam Guards,) be attached to, and become a part of the fortieth regiment of Georgia Militia, any law or usage to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23d, 1842. AN ACT to authorize His Excellency the Governor, to furnish the Ph[UNK]nix Riflemen at Savannah, with twenty-five Rifles. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That His Excellency the Governor be, and he is hereby authorized to furnish or cause to be furnished, to the commanding officer of the Ph[UNK]nix Riflemen, at Savannah, with twenty-five Rifles, for the use of said Corps, upon his giving security as in such cases required. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 26, 1842.

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MILLS AND MILL-DAMS. AN ACT to authorize Isham Weaver and John W. Messer, to construct a Mill-dam across the South River on their own land, at a place called and known by the name of the Island Shoals on said river. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, Isham Weaver and John W. Messer, their heirs and assigns, be and they are hereby authorized to erect and keep up a mill-dam across the South river, on their own land, at a place called and known by the name of Island Shoals on said river. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 23d December, 1842. NAMES CHANGED. AN ACT to alter and change the name of John Champney Tunno, jr. to that of John Champney; also, to alter and change the name of Jacob Holton, of Laurens county to that of Jacob Gay. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the name of John Champney Tunno, jr. of Champney's Island, McIntosh county, Georgia, a minor, be altered and changed to that of John Champney.

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Sec. 2. And be it further enacted by the authority aforesaid , That the said John Champney be authorized to sue and be sued, plead and be impleaded, as if he had been christened by that name. Sec. 3. And be it further enacted by the authority of the same , That the name of Jacob Holton, of Laurens county, be changed to that of Jacob Gay. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 24th, 1842. PARDON. AN ACT to pardon Israel Champion, of Crawford county. Whereas, at a Superior Court, held in and for the county of Crawford, at the late February Term, Israel Champion was convicted of the crime of murder, but has been respited by the Governor until the third day of December next: Section 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the said Israel Champion be, and he is hereby declared to be freely, fully, and entirely pardoned and exhonerated, and discharged from the pains and penalties of his said conviction and sentence, as fully, freely, and entirely, as if such conviction and sentence had never taken place. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate CHARLES J. McDONALD, Governor. Assented to, November 22, 1842.

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PEDLERS. AN ACT to authorize James T. Harmon, an infirm person, of Crawford county; Stephen Dutton, of the county of Irwin; James Towns, of the county of Taliaferro; and James Rutherford, of the county of Lumpkin, to vend and dispose of articles of merchandize without a license. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the said James T. Harmon, Stephen C. Dutton, James Towns, and James Rutherford, be, and they are hereby authorized and allowed to vend and dispose of such articles of merchandize as they may think proper to trade on, without paying to the State the usual pedling license: Provided , the said James T. Harmon, Stephen C. Dutton, James Towns, and James Rutherford, shall take an oath that they are pedling for themselves. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws, militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. PENAL CODE. AN ACT to add an additional section to the sixth division of the Penal Code. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the following section shall be added to the sixth division of the Penal Code now in force, and shall be a part thereof, to wit:

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If any person shall erect or use any machinery, for the purpose of procuring gold, silver, or other metals, upon the land of any other, with intent to appropriate the same to his or her own use, or for any other person whatsoever, without the permission of the owner of the land, or his agent, he or she shall be guilty of a high misdemeanor; and upon conviction, shall be punished with fine or imprisonment in the common jail, or both, at the discretion of the Court. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 26th December, 1842. POOR SCHOOLS. AN ACT to regulate the mode of making annual and complete returns of all the children entitled to the benefit of the Poor School Funds in the county of Gwinnett, and for other purposes. Whereas, great inconveniences and delay has been experienced by the Commissioners of the Poor School Fund, in consequence of the neglect of the Justices of the Peace in making out returns of the children entitled to its benefit: For remedy whereof: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, it shall be the duty of the Justices of the Peace of said county, and in case of their refusal or neglect, the Board of Commissioners of the Poor School Fund in said county, shall appoint some fit and proper person to make a report of the poor children in each district, together with the name and age of males and females, and their numbers, who are entitled to a participation of the Poor School Fund, and return the same to the Board of Commissioners, on or before the first day of February in each and every year; and said Commissioners shall receive such report, and pay out of any unexpended funds in their hands, the sum of three dollars for such services rendered in every Captain's district.

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Sec. 2. And be it further enacted by the authority aforesaid , That from and immediately after the passage of this act, the Trustees of the Academies of said county, shall pay over all the monies that may be in their hands, as Trustees for said Academies in said county, to the Commissioners of the Poor School Fund, or their Clerk, and take a receipt for the same. Sec. 3. And be it further enacted , That in case the said Trustees of said Academies should refuse to pay over all money in their hands, the Commissioners may forthwith proceed to employ counsel and have suits instituted against them; and said money shall become a part and parcel of the Poor School Fund of said county. Sec. 4. And be it further enacted , That all laws and parts of laws militating against this law, be, and the same is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 23d December, 1842. AN ACT to authorize the Commissioners of the Poor School Fund, of the counties of Marion and Jackson, to pay certain teachers of poor children, who were not returned in said counties for the years 1841 and 1842. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the Commissioners of the Poor School, for the counties of Marion and Jackson be, and they are hereby authorized to cause the Treasurers of the Poor School Fund for said counties, to pay over to the teachers of the poor children in the counties of Marion and Jackson, for the years eighteen hundred and forty-one and eighteen hundred and forty-two, for all children by them taught, notwithstanding said children were not returned, according to the law regulating the same: Provided , there is sufficient funds to discharge the same in the hands of the treasurers, for the years respectively.

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Sec. 2. Be it further enacted by the authority aforesaid , That all laws and parts of laws, militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 8th, 1842. AN ACT to authorize the Commissioners of the Poor School Fund, or other fund bestowed by the State for the purposes of education, of Montgomery county, to sue for and collect the same, or give indulgence to the debtors therefor, on certain conditions therein prescribed. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the Commissioners of the Poor School Fund, of the county of Montgomery, are hereby authorized to sue for and recover from all and every person or persons, who may have in his, her or their hands or possession, any portion of the Poor School Fund or other public fund heretofore bestowed, or hereafter to be bestowed by the State, for the purposes of education; or the said Commissioners may, in their discretion, renew the note, bond, or other evidence of debt, of such person or persons who may be indebted for the said fund or funds, by allowing such person or persons to give another note, bond, or other evidence of debt, or paying annually twenty per centum of the amount thereof, and giving adequate security therefor. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 23d December, 1842.

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AN ACT to provide payment for individuals who taught school in the county of Heard, under the provisions of the Poor School law of 1840, who have not been paid. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the Commissioners of the Poor School Fund, in the county of Heard, be, and they are hereby authorized and required to pay out of the Poor School Fund, which may have been received, or may hereafter be received for said county, all arrearages due the teachers of poor children for the year eighteen hundred and forty, in and for said county. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 26th December, 1842. AN ACT to authorize the Commissioners of the Poor School Fund of Telfair county, to pay such accounts as they or a majority of them may think proper. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall and may be lawful for the Commissioners of the Poor School Fund of Telfair county, to pay any account for the tuition of the poor children of said county, they or a majority of them may think proper, any law, usage or custom to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 7th December, 1842.

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AN ACT to authorize his Excellency the Governor to pay to Daniel Nungezer, of Chatham county, out of the Poor School Fund, the sum of one hundred and fifty-six dollars, for the tuition of poor children in said county, during the years eighteen hundred and forty-one and eighteen hundred and forty-two. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That it shall be lawful for his Excellency the Governor to pay, or cause to be paid out of the Poor School Fund, the sum of one hundred and fifty-six dollars to Daniel Nungezer, of Chatham county, for the tuition of poor children in said county, during the years eighteen hundred and forty-one and eighteen hundred and forty-two. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to change the Poor School system of Education in Emanuel county, to a Common School system; to provide for the appointment of a Board of Commissioners to carry the same into effect; and to authorize said Board to loan any surplus funds at interest. Section 1. Bein enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the asuthority of the same , That from and after the passage of this act, the Poor School Fund of Emanuel county, shall be known as the common School Fund of Emanuel county, under the control and management of a Board of Commissioners, to be appointed in the following manner, viz: The Inferior Court shall, on the first Monday in January next, or at a subsequent meeting as soon thereafter as convenient, appooint one Commissioner from each Militia district in said county; and shall notify said Commissioners of their appointment, within twenty days after such appointment shall be made. Sec. 2. And be it further enacted, c ., That said Commissioners shall meet at Swainsborough, on the first Monday in

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March next, or as soon thereafter as convenient, and appoint one of their number President of the Board. They shall also appoint a Treasurer, who shall act as Secretary to the Board; shall take a bond of said Treasurer, in twice the sum to be entrusted to his care, with such securities as they shall approve; which bond shall be recorded in the office of the Clerk of the Superior Court of said county; and shall require said. Treasurer to take and subscribe an oath faithfully to discharge the duties of Secretary and Treasurer; which oath shall be deposited in the office of the Clerk of the Superior Court. Sec. 3. And be it further enacted, c ., That this Board so constituted, or a majority of them, shall be capable, as a body corporate, of suing and being sued, pleading and being impleaded; shall be authorized to appropriate the said Common School Fund to the purposes of Education; shall cause their Secretary to provide a book, in which shall be recorded all the proceedings of said Board of Commissioners, the amount of funds in hand, the names of debtors and their securities, the amount paid out, and to whom, and for whose use it was paid; and shall be authorized to loan at lawful interest, any surplus funds they may have on hand, which may not be wanted for immediate use; and it shall be the duty of the Treasurer, in all cases, to apportion his loans, as near as possible, to the several districts, in proportion to the amount of Taxes paid by said districts; to take small notes for the money loaned, with good and sufficient security; and make such notes payable to the Commissioners of the Common School of the county of Emanuel, or bearer. Sec. 4. And be it further enacted, c ., That all free white persons between the age of seven and eighteen years, shall be entitled to the benefits of Education, as provided for in this act. And it shall be the duty of the Commissioners to assemble at Swainsborough annually, and oftener, if necessary, to make returns to the Treasurer the names and ages of those entitled to the benefits of this act; and it shall be the duty of the Treasurer to transmit to the Executive Department; and it shall be the duty of his Excellency to make the annual dividends agreeably to these returns. Sec. 5. And be it further enacted, c ., That the Treasurer of Common Schools shall not be authorized to pay any account for tuition, unless it shall be sworn to and subscribed before a Justice of the Peace of the county of Emanuel, or Justice of the Inferior Court, and shall show in said account the name and age of the student taught, together with the number of days taught; and shall be examined, approved, and signed by the Commissioners of the district where the School was located.

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Sec. 6. And be it further enacted, c ., That the Treasurer shall not be authorized to pay for more than three months tuition of any one student in one year, nor at a higher rate than three dollars for one quarter tuition. Sec. 7. And be it further enacted, c ., That the Board of Commissioners shall give to the Treasurer such compensation as they shall think his services require: Provided , such compensation shall not exceed two and a half per cent. for collecting, and two and a half per cent. for paying out the money belonging to the Common School. Sec. 8. And be it further enacted, c ., That when any vacancy shall happen in said Board of Commissioners, by resignation or otherwise, the Board shall fill such vacancy, by appointing a person from the district where the vacancy occurred. The resignation of Commissioners shall be made to the Secretary in writing, who shall report said vacancy to the Board at their next meeting thereafter. The resignation of the Treasurer shall be made to a majority of the Board, who shall not accept of the same until a Treasurer shall be chosen and qualified, agreeably to the provisions of this act. Sec. 9. And be it further enacted, c ., That all laws and parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 24th December, 1842. AN ACT to authorize and require the Commissioners of the Poor School Fund, of the county of Coweta, to pay to James Echels of said county, all arrearages which may be due him for teaching poor children in said county for the year 1840. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Commissioners of the Poor School Fund, of the county of Coweta be, and they are hereby authorized and required to pay to James Echels of said county, all arrearages which may be due him for teaching poor children in said county, for the year eighteen hundred and forty; Provided , he shall make out, in due form,

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his account in terms of the rules now prescribed for the auditing of such accounts. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 3d December, 1842. RAIL ROADS. AN ACT to alter and amend an act entitled an act to incorporate the Milledgeville Rail Road Company, assented to the 26th December, 1837. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the provisions of an act entitled an act to incorporate the Milledgeville Rail Road Company, assented to on the twenty-sixth day of December, eighteen hundred and thirty-seven, be so altered and amended as to incorporate all such persons, natural or artificial, who may become subscribers to the capital stock of said association, a body corporate, for the purpose of erecting, constructing and keeping up a Rail Road communication from the city of Milledgeville, to such convenient point on the Central Rail Road, in the county of Washington or Wilkinson, as may be designated by the President and Directors of said Company, after the proper examinations and estimates shall have been made by a competent Engineer; and that the corporate name of said company shall continue to be that of the Milledgeville Rail Road Company. Sec. 2. And be it further enacted by the authority aforesaid , That the capital stock of said Company shall consist of such an amount as may be found necessary for the construction, and keeping in repair said Rail Road and its appurtenances, defraying the expenses of right of way, and all other incidental expenses appertaining to the same, to be raised in

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shares of twenty-five dollars each, as the persons subscribing may agree upon and fix; and that said Company shall have the term of four years from and after the passage of this act in which to complete said road. Sec. 3. And be it further enacted by the authority aforesaid , That every part and portion of the aforesaid act, of which this act is amendatory, so far as the provisions thereof, are not altered or amended by this act, shall be taken, held and deemed, for all interests and purposes, of full force, as part and parcel of this act, in the same manner, and to the same extent, as though the same were herein and hereby repeated and enacted. Sec. 4. And be it further enacted by the authority aforesaid , That all acts or parts of acts contrary to the provisions of this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. AN ACT to amend the charter of the Ocmulgee and Flint River Rail Road, so as to extend the time for the completion of said Road. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the stockholders of the Ocmulgee and Flint River Rail Road, shall be allowed until the first day of January eighteen hundred and fifty, to complete the said Road, and that no forfeiture of charter shall occur before the day specified in this act. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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AN ACT to repeal the Tenth Section of an act to authorize the construction of a Rail Road communication, from the Tennessee line, near the Tennessee river, to the point on the southeastern bank of the Chattahoochee river, most eligible for the running of Branch Roads thence to Athens, Madison, Milledgeville, Forsyth and Columbus, and to appropriate monies therefor. Be it enacted by the Senate and 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 Tenth section of the above recited act, which was assented to December twenty-first, eighteen hundred and thirty-six, be, and the same is hereby repealed; Provided , nothing herein contained shall be so construed as to prevent the State from complying on her part, with any contract which she may have already entered into with any Rail Road Company, which has in good faith complied on its part with the contract. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 19th December, 1842. RIVERS. AN ACT to amend an act entitled an act to lay off, define and keep open the main sluice of Broad River, so as to prevent the obstructions of the free passage of fish, and to appoint Commissioners for the same, passed the 18th December, 1824. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, that Martin Deadwilder, Alexander Vaughn, Lindsey Smith, William Nelms, and William B. Dudley, of Elbert county, be, and they are hereby appointed Commissioners of Broad River, from the junction of the north and south part of said River, and from where the Madison county line crosses the north prong of said River, to the junction of the same with the Savannah River,

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with the same power and authority as were vested in the commissioners appointed for that section of said river, by the before recited act. Sec. 2. And be it further enacted by the authority aforesaid , That when any vacancy may happen by death, resignation or otherwise, the remaining Commissioners shall have power to immediately fill such vacancy. Sec. 3. And be it further enacted by the authority aforesaid , That no Commissioner on said river shall have any thing as compensation for opening and keeping open said river. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 24th December, 1842. AN ACT to prevent obstructions from being placed in the Savannah and Ogeechee Rivers, so as to prevent the free passage of fish, and to punish such as may so obstruct said Rivers. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That if any person shall place any obstruction in either of said rivers, extending to more than half the width of said river where said obstruction shall be placed, so as to prevent the free passage of fish, he or they shall be subject to a fine of fifty dollars, and imprisonment not exceeding ninety days, in the jail of the county where such offence be tried: Provided , That the usual method of drawing a seine by extending and drawing it in immediately, shall not be considered a violation of this act. Sec. 2. And be it further enacted , That any person feeling himself agrieved by any such obstruction, may prosecute the offender or offenders in any Court having competent jurisdiction in the county where the offence may be committed; and upon conviction, one-half the fine shall go to the informer, and the other half to the county where the case may be tried.

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Sec. 3. And be it further enacted , That all laws militating against this act is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. RELIEF. AN ACT for the relief of Willis H. Hughes, Tax Collector of the county of Bibb, for the year 1841. Whereas, the Comptroller General of this State has issued execution against the said Willis H. Hughes, Tax Collector of the county of Bibb, for the year eighteen hundred and forty-one, agreeable to law, on his default of settlement with the said officer; and the said Hughes having paid up all the principal and interest due thereon, and having tendered satisfactory evidence that his default was unavoidable, and also, that a part of the sum now open against him, arose from an error in the Books of the Tax Receiver of that year; therefore, Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the said Comptroller General be, and he is hereby authorized to discharge the said Willis H. Hughes, and his securities, from the payment of the balance due on said execution, and that the same be cancelled and annulled by the said Comptroller. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 26th December, 1842.

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AN ACT for the relief of the legal representatives of Dr. Philo Hall, late of Gwinnett county, deceased. Whereas, by an act of the General Assembly of this State, passed the twentieth day of December, eighteen hundred and twenty three, fractional surveys, numbers one hundred and thirty-nine, and one hundred and forty, in the seventh district of Gwinnett county, were exposed to public sale in the town of Lawrenceville, in said county aforesaid; and Dr. Philo Hall became the highest bidder, and has paid the last instalment on said purchase, as per vouchers; And whereas, through some neglect, before or about the time of the death of the said Hall, he failed to procure grants to the same, and said fractional lots as aforesaid, have by authority in the Central Bank vested, been resold, and Captain John Boyle, of Campbell county, has become the purchaser; for remedy whereof, Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, His Excellency the Governor, cause to be refunded to the legal representatives of said Hall, the full amount of principal and interest up to this time, out of any monies in the Treasury, not otherwise appropriated, any law, usage or custom to the contrary not withstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 3d December, 1842. AN ACT for the relief of Carlile P. Beman and Lewis Bond, of the county of Troup, and George W. Behn, of Chatham county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That the Justices of the Inferior Court of the county of Troup, or a majority of them, be authorized to exonerate Carlile P. Beman and Lewis Bond, of Troup county, from the penalty of the bond or recognizance entered into by them, for the appearance

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of one Richard H. Nichols, in the Superior Court of Troup county, at a Term now past: Provided , that said Beman and Bond shall pay all cost incurred on said bond or recognizance; and such further sum as may be due to the officers of said Superior Court, audited and allowed for criminal prosecutions. Sec. 2. And be it further enacted , That the Justices of the Inferior Court of Effingham county, be, and they are hereby authorized to extend to George W. Behn, of Chatham county, such relief as they may think him entitled to, in the case of an Execution issued against him, founded upon a bond or recognizance, given by him for the appearance of one Isaac Tuton, at the November Term of the Superior Court for Effingham county, in the year eighteen hundred and forty, either by remitting all or some part of said forfeiture, or by extending time for the payment thereof, as in their judgment may seem just and equitable: Provided , no decision shall be made in favor of said Behn, without the concurrence of at least three of the said Justices, expressed in Term time, and entered upon the minutes of said Inferior Court. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. AN ACT for the relief of John Franklin, Tax Collector of the county of Glynn, and his securities. Whereas, an execution has been issued against John Franklin, Tax Collector of Glynn county, and his securities, for the year A. D., eighteen hundred and forty-one, and by affidavits produced, it appears that the sum of twelve hundred dollars has been paid into the hands of the State Treasurer, by the said John Franklin, and he has been unable to obtain a receipt for the same, Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the execution issued against John Franklin, tax collector, of the county of Glynn, and his securities, for the year eighteen hundred and forty-one, by the Comptroller General, shall be returned to the said Comptroller, who is authorized and required to

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settle and adjust the same, so that the said John Franklin and his securities be relieved from all liability for, and on account of the sum of twelve hundred dollars, paid by him to the Treasurer of the State of Georgia, in the month of November last, (and being a part of the State tax due from the said county for that year,) and also, twenty per cent charged on the amount of the said execution. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT for the relief of Augustus Alden of the county of Morgan. Whereas, by the act of the General Assembly, passed at the session of eighteen hundred and forty, it requires the trustees of academies to certify to the Board of Commissioners of the Poor School Fund, the progress of the poor children at quarterly examinations, to entitle the teacher to his tuition from such fund; And whereas, by mistake, the trustees of the Madison Male Academy, only certified as to the semi-annual examinations of the poor children taught in that academy, during the year eighteen hundred and forty-one: Section 1. Be it therefore enacted , That the Board of Commissioners of the Poor School Fund for the county of Morgan, be, and they are hereby required to pay to Augustus Alden, the sum of seventy-eight dollars and twenty-five cents, his account for the tuition of poor children, taught in the Madison Male Academy, for the year eighteen hundred and forty-one, out of the Poor School Fund of that year, for that county. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 27, 1842.

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AN ACT for the relief of Daniel Parker, one of the securities of Lewis W. Hammock, late Tax Collector of Marion county. Whereas, Lewis W. Hammock, Tax Collector for the county of Marion, for the year eighteen hundred and forty-one, after the collection of the State Taxes for said county, absconded and went beyond the limits of this State; And Whereas, Daniel Parker was one of the securities of said Hammock, and the said Daniel Parker having pursued the said Hammock, and brought and delivered him up to justice; and the said Lewis W. Hammock having failed to pay over the monies collected by him for the State; And whereas, it is just that the said Daniel Parker should be relieved; for remedy whereof, Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That, the said Daniel Parker one of the securities of the said Lewis W. Hammock, Tax Collector of said county of Marion, for the year eighteen hundred and forty-one, be, and he is hereby fully relieved, and discharged from all liabilities he may have incurred as one of the securities of the said Hammock, for the year eighteen hundred and forty-one; and that the said bond so far as the said Daniel Parker is bound, is no longer valid and binding against the said Daniel Parker, in law; all laws to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 26th December, 1842. AN ACT for the relief of Alexander Doke, of the county of Wilkinson, from further liability as one of the securities of one Jesse Martin. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Inferior Court of Wilkinson county shall be, and they are hereby authorized to relieve and

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fully discharge the said Alexander Doke from any further forfeitures on payment of all costs, any law to the contrary notwithstanding. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. AN ACT for the relief of Doctor A. Childers, Tax Collector for the county of Stewart, for the year eighteen hundred and forty-one. Whereas, Doctor A. Childers, Tax Collector for the county of Stewart, for the year eighteen hundred and forty-one, failed to pay into the Treasury of this State, the taxes due from said county, for the year aforesaid, within the time prescribed by law; by which means he became liable, under the law, to pay interest thereon, at the rate of twenty per cent. per annum, so long as he remained in default: For which, the Comptroller General has issued his execution, as well for the taxes as interest at the rates aforesaid. And whereas, he, the said Doctor A. Childers, has since paid the amount of the taxes due as aforesaid, and was delayed in the payment thereof, under circumstances that should entitle him to relief against the interest as aforesaid: Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid , That the said Doctor A. Childers, Tax Collector as aforesaid, be, and he is hereby declared to be fully exonerated and wholly relieved from his liability to pay the interest accruing as aforesaid, or any part thereof. And that the Comptroller General be authorized to give him a receipt in full, for the taxes due the State from said county, for the year aforesaid; and to order a full discharge, and satisfaction to be entered on said Execution so issued, upon his, the said Doctor A. Childers, paying all cost that may have accrued thereon, according to law.

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And be it further enacted , That all laws and parts of laws militating against this act, be, and the same is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 26th December, 1842. AN ACT for the relief of Samuel Streetman's representatives. Whereas, Ira Peck, of Twiggs county, did, in the year eighteen hundred and forty, return his stock in trade at twenty-five hundred dollars, and paid the tax due upon the same, but in eighteen hundred and forty-one, he failed to make any return, and was doubled taxed; And whereas, the Receiver of Tax Returns in eighteen hundred and forty-one, in transferring the return of eighteen hundred and forty to the digest, set it down as twenty-five thousand dollars, instead of twenty-five hundred dollars, as it was in truth, and upon this sum he was doubled taxed. And whereas, the said Ira Peck paid his taxes to the Tax Collector in eighteen hundred and forty-one, according to the true amount, namely: a double tax on twenty-five hundred dollars. And whereas, the Treasurer is now claiming of the securities and representatives of the late Tax Collector of Twiggs county, the amount of taxes on twenty-five thousand dollars: Section 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the Treasurer be directed to settle with the representatives of the late Samuel Streetman, for the taxes of Ira Peck, as above stated, so far as the stock in trade is concerned; any law, usage, or custom, to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 27th, 1842.

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AN ACT to relieve the estate of John Emerson, of the county of Morgan, from the excess of taxes, occasioned by a failure to return the property of said estate to the Receiver of Tax Returns for said county. Whereas, by reason of there being no representative on the estate of John Emerson, of the county of Morgan, (there being a caveat filed to the probate of his last will and testament,) the property of said estate was not returned to the Receiver of Tax Returns for said county, and was by him doubled taxed for such default: Be it therefore enacted , That the property of said Estate be relieved and discharged from all the excess of taxes occasioned by such default; and that the Tax Collector be, and he is hereby authorized and required to collect the regular and single tax only, due from said estate, if the same be not then collected; and if collected, to pay back to the representative of said estate, the excess of taxes occasioned by such default aforesaid. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT for the relief of Henry Todd, a free man of color. Whereas, Henry Young of the city of Darien, did purchase from the Bank of Darien, as guardian for a free man of color, by the name of Henry Todd, a certain lot of land with the improvements thereon, situated in the city of Darien, and known by the number one hundred and ten, on the corner of Walton and First streets, and did pay three hundred and fifty dollars, as the full consideration money, for the said purchase; And whereas, the said Henry Young, as guardian aforesaid, has never obtained a title for said lot of land and improvements, from the said the Bank of Darien; for remedy whereof: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the Central Bank of Georgia be, and it is hereby authorized and required, to cause to be executed a title of all that lot of land

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with the improvements thereon, situated, lying and being in the city of Darien, and known in the recorded plan of said city, by the number one hundred and ten, on the corner of Walton and First streets; and that such title shall bear date the twenty-fourth day of December, eighteen hundred and thirty-nine; Provided , nothing herein contained, shall be so construed as to make the State of Georgia, in any manner liable, granting only the rights and privileges, the Bank of Darien, could have conveyed on the said twenty-fourth day of December, eighteen hundred and thirty-nine. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor Assented to, 27th December, 1842. AN ACT for the relief of Terrell Speed, of the county of Morgan. Whereas, the Magistrates of the district, including the town of Madison, in Morgan county, omitted to return the children of William Woods, for the year eighteen hundred and forty-one; and also, the children of Merrit W. Cofer, for the year eighteen hundred and forty-two, under the Common School law; and whereas, the said Terrell Speed has accounts for the teaching said children for said years; therefore, Be it enacted , That the Commissioners of the Common School Fund for Morgan county, pay to said Terrell Speed his said accounts, under satisfactory evidence of their correctness, out of the Common School Fund for said county. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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AN ACT for the relief of certain persons therein named. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That his Excellency, the Governor, be, and he is hereby required to draw his warrant upon the Treasurer, in favor of Richard W. Habersham, for one moiety of a double tax, collected of him by the Tax Collector of Habersham county, in the year eighteen hundred and forty-one. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. AN ACT for the relief of certain persons therein named, from taxes improperly assessed, and to authorize the Governor to draw his warrant on the Treasury in certain cases. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Francis C. McKinley Co., merchants in trade, in the town of Madison, in Morgan county, be relieved from three-fourths of the State tax assessed upon their stock in trade, for the year eighteen hundred and forty-two, a four-fold tax having been assessed by the receiver of Morgan county, for default to give in, the same having been given in, in the county of Greene; and that the tax collector of said county of Morgan be required to pay back to said Francis C. McKinley Co. said extra tax aforesaid: Provided , That if the said collector has paid in said tax into the Treasury, the Governor shall draw his warrant on the Treasury in favor of said collector for said amount. Sec. 2. And be it further enacted by the authority aforesaid , That the Governor of this State do draw his warrant in favor of Francis McKinley Co., for the sum of twenty dollars, the same having been paid by them in eighteen hundred and forty-one, over and above their proper tax, having given in their stock in trade, both in the county of Morgan and Greene. Sec. 3. And be it further enacted by the authority aforesaid , That Abel Brown, of Morgan county, be, and he is hereby

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relieved from the payment of a tax in the county of Jasper, as agent of Elic O'Neal, a man of color, for eighteen hundred and forty-two; having paid said tax in the county of Morgan. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to authorize the Justices of the Inferior Court of Cass county, or a majority of them, to remit a forfeiture incurred by Reddin J. Loyless and his securities. Whereas, John Martin and William Solomon, heretofore became bound for the appearance of said Reddin J. Loyless, at the Superior Court of Cass county, on the charge of an assault with intent to murder; and the said Reddin J. Loyless failing to appear, his recognisance was forfeited for the sum of fifteen hundred dollars, and judgment rendered against him and his securities. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Justices of the Inferior Court of Cass county, or a majority of them be, and they are hereby authorized and empowered, to remit the whole or any part of said forfeiture so incurred by the said Reddin J. Loyless and his securities, John Martin and William Solomon: Provided , That the said Reddin J. Loyless and his said securities shall, in no case, be exonerated until they, or either of them, shall have paid all cost that has accrued in said case. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842.

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AN ACT for the relief of William Hitchcock, and Hitch cock Norton, by authorizing the State's Agent to pay them for certain work done on the Western and Atlantic Rail Road, and for other purposes. Whereas, William Hitchcock, and Hitchcock Norton, became contractors for the building of a bridge over the Oustenaula river, on the Western and Atlantic Rail Road. And whereas, from various and unavoidable accidents, over which they could have no control, said contractors have been prevented from completing the aforesaid contracts within the terms of the law, by which they have been debarred from the privilege of receiving full payment for the same. For remedy whereof, and for the relief of the same: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Agent of the State, under the direction of the Governor, be, and he is hereby authorized to pay to William Hitchcock, and Hitchcock Norton, contractors on the Western and Atlantic Rail Road, the entire and full amount of money due them for bridge work and masonry done on their contracts on said Rail Road; and further, to pay all contractors the money retained by the Agent or Superintendent, as back money for unfinished contracts in cases where the Agent shall be satisfied that the work has been faithfully performed, and the contract has not been rescinded: Provided , however, they shall receive pay for such work only as is now completed according to the original contract; any law or resolution to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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ROADS. AN ACT to authorize the opening and keeping open the roads around Anthony's Shoals, on Broad River, in order the better to facilitate the transportation of cotton down said river. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That immediately after the passage of this act, Felix G. Edwards and his associates be, and they are hereby authorized to open and keep open the roads now used in the transportation of cotton around Anthony's Shoals on Broad River, in the counties of Elbert and Wilkes; and that all boats landing either above or below said shoals, shall be permitted to transport their cargoes free from charge or molestation: Provided , That the opening and keeping open said roads do not conflict with the private interest of any citizen. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws in any wise conflicting with the provisions of this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to authorize overseers of the roads for Lumpkin, Gwinnett and Chattooga counties, to appoint warners, and to define their duties, c. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, it shall be the duty of the overseers of the several roads in the counties of Lumpkin, Gwinnett and Chattooga, to appoint each a warner, whose duty it shall be to warn the hands assigned them by the overseers of said roads, c.

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Sec. 2. And be it further enacted , That it shall be the duty of said warner to warn all defaulters on said roads to appear at such places and at such time as shall be required of him, the said warner, by the overseer of said road, c. Sec. 3. And be it further enacted , That it shall be the duty of said warner to appear at the Commissioners Court, and give evidence against all defaulters for non-attendance on the said roads. Sec. 4. And be it further enacted , That the said warner, for performing the duty hereinbefore prescribed, shall be exempt from performing road duty during his appointment by the overseer of said road, c. Sec. 5. And be it further enacted , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 3d December, 1842. AN ACT to alter and amend the road laws of this State, so far as respects the county of Bryan, and to appoint five Commissioners of Roads in each military district in said county, for the purpose of trying defaulters and carrying said road laws into full effect, and to provide for the filling of vacancies in each board. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That Jesse Butler, Isaac Barber, Israel Bird, Ely Futch and John M. Shuman be, and they are hereby appointed Commissioners of Roads for the nineteenth military district of Bryan county; and Thomas S. Clay, Charles H. Starr, George W. McAlister, Thomas B. Baker and Alexander M. Sandford be, and they are hereby constituted and appointed Commissioners of Roads, in and for the twentieth military district of said county of Bryan, whose duty it shall be to enforce the road laws as far as practicable, in their respective districts; and it shall be the duty of the said above named Commissioners, or a majority of them, to appoint a number of Road Commissioners in each road district, according to present and existing

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laws, of which this is amendatory; and the aforesaid board of Commissioners shall, in their respective districts, form a board for the trial of defaulters; each military district constituting its own board. Sec. 2. And be it further enacted by the authority aforesaid , That when any vacancy shall occur in either of said boards, the same shall be filled by a majority of the remaining board, where such vacancy shall occur, and a quorum of each board shall be necessary to transact business. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 23d December, 1842. SAVANNAH. AN ACT to give the Mayor and Aldermen of the City of Savannah, jurisdiction over vessels lying in the river Savannah, between the City and Tybee; and to compel Porters working on board such vessels to take out badges. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Mayor and Aldermen of the City of Savannah, shall have jurisdiction over vessels lying in the river Savannah, between said City and Tybee; and that all Porters working on board such vessels, shall be compelled to take out badges, as provided for by the Ordinances of said City, regulating Porters and other laborers. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 26th December, 1842.

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AN ACT to extend the provisions of an act entitled an act to establish rates of Dockage, Wharfage, and Storage, in the City of Savannah, and to repeal all laws or parts of laws militating against the same, approved December 22d, 1829, to the City of Darien. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passing of this act, all the provisions of an act entitled an act to establish rates of Dockage, Wharfage, and Storage, in the City of Savannah, and to repeal all laws or parts of laws militating against the same, approved December 22d, 1829, shall be, and is hereby declared to be in full force and effect in the City of Darien. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. SET-OFFS IN JUSTICES' COURTS. AN ACT to regulate Justices' Courts in cases of Set-offs. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, in all cases in the Justices' Courts of this State, where the demand or claims of the defendant is greater in amount, and exceed the plaintiff's demand, it shall be the duty of the Justices to allow a set-off, as is now by law allowed and pointed out, and give judgment against the plaintiff, in favor of the defendant: Provided , that the balance in favor of said defendant, does not exceed the sum of thirty dollars, including both principal and interest. Sec. 2. And be it further enacted by the authority aforesaid , That in all cases where the defendant's demands or claim

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exceeds the sum of thirty dollars in balance, then it shall be the duty of the Justices to enter a credit in favor of the plaintiff, for the amount of his debt on the defendant's claim. Sec. 3. And be it further enacted by the authority aforesaid , That when the claim of the defendant is an open account, the Justices may allow such open account to be proven in Court: Provided , that neither of the parties shall be allowed to prove their accounts, by their own oath, in any sum over thirty dollars. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. SHERIFFS AND OTHER OFFICERS. AN ACT to authorize the Sheriffs to advertise the Sheriff sales of Gwinnett county, in some one of the papers published in Milledgeville. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, that the Sheriffs of the county of Gwinnett, shall advertise the Sheriff sales of said county, in one of the public papers of Milledgeville, the Sheriff having his choice which paper he will advertise his sales in. Sec. 2. Be it enacted by the authority of the same , That all laws and parts of laws militating against the same, are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842.

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AN ACT to compel the Sheriffs, Clerks, Coroners, and all other officers of the county of Fayette, to advertise their proceedings in the Southern Transcript, or in the Milledgeville Gazettes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, it shall and may be lawful for all clerks, sheriffs and other officers of said Fayette county, and they are hereby required to advertise their proceedings in the Southern Transcript, published at Newnan Coweta county, or any public Gazette published in Milledgeville or Griffin. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. AN ACT to authorize the Sheriff of Cherokee county, to advertise all sales of said county in any one of the public gazettes of this State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, it shall be lawful for the Sheriff of Cherokee county, to advertise all sales by him to be made, in any one of the public gazettes of this State. Sec. 2. And be it enacted by the authority aforesaid , That all laws and parts of laws conflicting with, or militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842.

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AN ACT to amend an act entitled an act for the relief of Sheriffs, in certain cases, approved December 22d, 1829; so far as relates to the Sheriffs of the counties of Thomas and Effingham. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act it shall not be necessary as heretofore, for the Sheriffs of the counties of Thomas and Effingham to serve all writs and processes at common law, seventeen days before the sitting of the court to which the same may be made returnable, but the same may be served and returned fifteen days before the sitting of the court; Provided nevertheless , that all writs and processes shall be copied and issued as heretofore, twenty days before the sitting of the court to which the same may be made returnable; any law, usage or custom to the contrary notwithstanding. Sec. 2. And be it further enacted by the authority of the same , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 27, 1842. AN ACT to enlarge the powers of the Judges of the Superior Courts of this State, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Judges of the Superior Courts in this State, shall severally have the power to appoint, temporarily, a Clerk or Sheriff in any county in which there may be a vacancy in either of said offices, at the time provided by law for the holding of the said Courts. Sec. 2. And be it further enacted by the authority aforesaid , That the Sheriff so appointed, shall only hold his office during the term of the Court at which he was appointed; and the Clerk so appointed, by virtue of the authority aforesaid,

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shall hold his office during the term, and for four days thereafter. Sec. 3. And be it further enacted by the authority aforesaid , That if any county shall refuse or neglect to elect a Clerk or Sheriff, for sixty days after a vacancy shall have occurred in either of said offices, that suitors and plaintiffs may apply to any Clerk or Sheriff of an adjoining county, and have the required duty performed by them, or either of them, in the same manner as a Clerk or Sheriff in said county might have done. Sec. 4. And be it further enacted by the authority aforesaid , That all acts or parts of acts militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 3d December, 1842. AN ACT to require the Sheriffs and Clerks of the county of Coweta, to insert their advertisements in the public gazette of the town of Newnan, so long as the paper shall be continued in the Circuit. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, it shall be the duty of the Sheriffs and Clerks of the county of Coweta, to insert their advertisements in the public gazette of the town of Newnan, so long as the paper shall be continued in the Circuit: Provided , the same can be done on as good terms as in other papers of the State. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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AN ACT to repeal an act, passed the twenty-ninth day of December, eighteen hundred and thirty-eight, to compensate the Sheriffs of Camden, Lumpkin, and Liberty counties, so far as the county of Liberty is concerned. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the above recited act, so far as the county of Liberty is concerned, is hereby repealed. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December, 3d, 1842. SLAVES . AN ACT to repeal all laws prohibiting the free introduction of slaves into this State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, that all laws and parts of laws prohibiting the free introduction of slaves into this State, either for traffic or emigration be, and the same is hereby repealed; and that persons introducing slaves into this State, be as free to do so as if no law on the subject had ever been passed. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 27th, 1842.

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AN ACT to repeal an act the better to secure and protect the citizens of Georgia in the possession of their slaves, assented to December eleventh, eighteen hundred and forty-one, so far as relates to the Port of Savannah. Section 1. Be it enacted, c. , That the above recited act be, and the same is hereby repealed, so far as relates to the Port of Savannah. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 27th, 1842. AN ACT to provide for the method of collecting rewards which may be offered for the apprehension of runaway slaves, who may hereafter be lodged within any of the jails of this State. Whereas, in many cases in which rewards are offered for the apprehension of runaway slaves, and said slaves are lodged in jail, the same are discharged by the jailer from his custody, without the consent of the person so apprehending the slave, whereby the reward so offered becomes wholly lost to them; for remedy whereof: Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, when any runaway slave for whom a reward has been offered by his owner, employer or any other person, shall be apprehended and lodged in any of the jails of this State, it shall be the duty of the jailer, and he is hereby authorized to retain possession of said slave until the reward so offered, shall be paid, or good security given for the payment of the same. Sec. 2. And be it further enacted by the authority aforesaid , That if any jailer shall discharge a slave so apprehended, without collecting the reward so offered, or taking good security, in accordance with the foregoing section of this act, and by such refusal or neglect, the said reward shall be lost to the person so apprehending the said slave, such jailer and his securities shall be liable in an action at common law for the amount so lost, by the refusal or neglect of the jailer to

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comply with the provisions of this act; Provided , the individual so apprehending the said runaway slave, shall at the time of lodging said slave in jail, give written notice to the jailer of the amount of the reward offered, and the name of the person offering the same. Sec. 3. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 23, 1842. SUBP[UNK]NAS . AN ACT to amend the laws of this State, pointing out the manner of collecting witnesses' fees for their attendance, under subp[UNK]na, in certain cases. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, in the Superior and Inferior Courts of this State, it shall not be necessary for the Judge or presiding Justice to examine and sign the accounts of witnesses, serving under subp[UNK]nas, as is now required by law; but the same being examined and signed by the Clerk of such Court, shall have the same force and effect, as now directed by law. And be it further enacted , That all laws and parts of laws, militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate CHARLES J. McDONALD, Governor. Assented to, November 26, 1842.

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TAXES. AN ACT to repeal the provision contained in the second section of an act assented to on the 25th December, 1837, which act is entitled an act to consolidate the offices of Receiver of Returns and Tax Collector in the county of Lumpkin, Gilmer, Tatnall, Union, Pulaski, Telfair, Walker, Cherokee, Early, Rabun, Floyd and Paulding. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the following provision contained in the second section of the above recited act, to-wit: He shall not hold his said office for more than one year at a time, be and the same is hereby repealed, so far as relates to the county of Paulding. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. AN ACT to consolidate the offices of Tax Collector and Receiver of tax returns of this State, so far as relates to the county of Troup. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, the offices of Receiver of Tax Returns, and of Tax Collector, of the county of Troup, are hereby consolidated and united, and shall hereafter be filled by one and the same person, annually in said county, who shall perform the duty of a Receiver of Tax Returns, and of Collector, of said county required by law; and shall give bond and security, as such Receiver and Collector, in double the amount now required by law, of Tax Collector of said County.

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Sec. 2. And be it further enacted by the authority aforesaid , That the person elected to fill said offices of Receiver and Collector, shall receive as compensation for his services, five per cent as Receiver of Tax Returns, and five per cent as Tax Collector of said county, and shall be commissioned by the Governor. Sec. 3. And be it further enacted , That all laws and parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 19th December, 1842. AN ACT to repeal an act passed 25th December, 1837, to consolidate the offices of Tax Collector and Receiver of Tax Returns, in certain counties therein named; so far as relates to the counties of Camden and Jefferson. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, so much of an act passed on the twenty-fifth day of December, eighteen hundred and thirty-seven, to consolidate the offices of Tax Collector and Receiver of Tax Returns in the counties of Camden, Jefferson, Rabun, Irwin, Floyd, Scriven, Paulding, Wayne, Murray, Cherokee, Gilmer, Telfair and Laurens, be, and the same is hereby repealed, so far as relates to the counties of Camden and Jefferson. Sec. 2. And it is further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 26th December, 1842.

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AN ACT to authorize the Justices of the Inferior Court of the counties of Heard, Bulloch, Washington, Wayne, Stewart, Richmond and Upson, or a majority of them to examine the insolvent list of the Tax Collectors of said counties. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Justices of the Inferior Court of the counties of Heard, Bulloch, Washington, Wayne, Stewart, Richmond and Upson, or a majority of them, may annually examine the insolvent list of the Tax Collectors of said counties, and their decision shall have the same force and effect as that of the Grand Jury; any law to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to authorize the Justices of the Inferior Court of Columbia county to examine the insolvent list of the Tax Collector of said county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Justices of the Inferior Court of Columbia county, may annually examine the insolvent list of the Tax Collector of said county, and their decision shall have the same force and effect as that of the Grand Jury, any law to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, December 27th, 1842.

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AN ACT to compel persons resident in the county of Cobb, in the State of Georgia, to give in and pay the tax upon the taxable property which they hold in said county, in the same. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, all persons resident in the county of Cobb, in this State, and who hold property in said county, subject to taxation, shall give in said property to the Receiver of Tax Returns for said county, and pay the tax thereon assessed, to the Tax Collector for said County of Cobb, under the rules and regulations now of force in this State, for receiving the returns of Taxable property, and collecting the tax on the same; any law, usage or custom to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 24th December, 1842. AN ACT to exempt all free white male persons of sixty years of age and upwards, from a poll tax throughout this State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and immediately after the passage of this act, that all free white male persons of the age of sixty years and upwards, shall be exempt from paying poll tax throughout this State; any law, usage or custom to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 23d December, 1842.

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AN ACT to amend an act entitled an act to impose a Tax for the support of Government for the year eighteen hundred and forty-one, and from thence afterwards, assented to the 23d December, 1840. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Receivers of Tax Returns for the several counties of this State, shall make out and return to the Comptroller General's office, a separate digest for each year, of all lands returned by persons of their respective counties, lying and being in other counties than those in which the persons returning the same may respectively reside; and it shall be the duty of the Comptroller General to transmit forthwith to the Clerks of the Superior Courts of the several counties of this State, for the use of their counties, a list of the lands lying and being in their respective counties; together with the names of the persons owning the same, and the county in which they may respectively reside; any law or usage to the contrary notwithstanding. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to levy and collect a Tax for the political year eighteen hundred and forty-three. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority aforesaid , That in addition to the Tax authorized to be levied and collected, by an act assented to on the 23d day of December, 1840, there be assessed and collected by the several Receivers and Collectors of this State, twenty-five per cent. on the amount of such property as is now taxable by the act aforesaid, and all other acts, of which that act is amendatory. Sec. 2. Be it further enacted by the authority aforesaid , That his Excellency, the Governor, be, and he is hereby authorized to suspend the issuing commissions to Tax Collectors of this State, until the first day of April, in those counties in

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which the Superior Courts are held in July, August, or September; that the Tax Collectors in all such counties, be, and they are hereby allowed until the first day of April to make their final settlement with the Comptroller General, instead of the first of January, as now prescribed by law: Provided , that all such Tax Collectors shall pay into the Treasury, as now required by law, all the Taxes due the State, except the amount of their insolvent and default lists: Provided, however , that if any surplus should arise from this tax, that the same shall be applied to the payment of the public debt to Reid, Irvin Co. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to authorize and require the Tax Collector of Richmond county, to collect so much of the Tax in said county, as may be imposed for county purposes, in specie or the bills of specie-paying Banks. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Tax Collector of Richmond county, be, and he is hereby authorized and required to collect so much of the Tax in said county, as may be imposed for county purposes, in specie or the bills of specie-paying Banks. Sec. 2. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842.

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AN ACT for the relief of Simon G. Blossom and John H. Clute, of the county of Jasper, from a Tax illegally assessed against them. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, Simon G. Blossom and John H. Clute, grocers, of the town of Monticello, in the county of Jasper, be, and are hereby released from the Tax illegally assessed against them, on a Billiard Table, for the year eighteen hundred and forty-two; and that the Tax Collector of said county, be released from the collection of the same. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842. AN ACT to authorize the Justices of the Inferior Courts of the counties of Murray and DeKalb, to levy an extra Tax on the citizens of said counties, for certain purposes therein names. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the Justices of the Inferior Court of the county of Murray, or a majority of them, shall be authorized to levy an extra Tax on the citizens of said county, to enable said Court to pay for the erection of a Court-House in said county, so soon as the same shall be completed and received by said Court; which Tax shall not exceed fifty per cent. on the original Tax of said county; and that this act shall only continue in force until said House shall be paid for. Sec. 2. And be it further enacted by the authority aforesaid , That the Justices of the Inferior Court of DeKalb county, or a majority of them, be, and they are hereby authorized to levy an extra Tax on the citizens of said county, for the year eighteen hundred and fourty-three; Provided , said Tax, so levied, shall not exceed fifty per cent. on the General State Tax; to be applied to the building of the Court-House in the county of DeKalb, and town of Decatur; any law, usage, or custom, to the contrary notwithstanding.

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Sec. 3. And be it further enacted by the authority aforesaid , That all laws or parts of laws militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. AN ACT to authorize the Tax Collector of the county of Pulaski, to assess and collect a double Tax in and for the said county of Pulaski, for the year eighteen hundred and forty-three; and to limit the term of office of the Receiver and Collector of said county. Whereas, Samuel B. Webb, of the county of Pulaski, was elected Receiver of Tax Returns and Tax Collector, in and for the county of Pulaski, as aforesaid, for the year eighteen hundred and forty-two; (the said offices being blended, by special act of the Legislature.) And whereas, a difficulty arose between the State of Georgia and the said Samuel B. Webb, whereby the Governor refused to commission him, the said Samuel B. Webb, in consequence of which, no Tax was collected for the year eighteen hundred and forty-two, to the injury of the State and county Treasury: For remedy whereof, Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That the Tax Collector, elected for the year eighteen hundred and forty-three, in and for the county of Pulaski, shall have full power and authority to assess and collect a double Tax, for State and county purposes, for the year eighteen hundred and forty-three, according to the return of the Tax Receiver of said year; one-half of which Tax shall be placed to the credit of said county, for the year eighteen hundred and forty-two: Provided, however , that nothing herein contained shall compel persons not liable to pay taxes in the county of Pulaski, on the first day of January, eighteen hundred and forty-two, to pay higher or greater taxes than he would otherwise be compelled to pay, if this act had not been passed.

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Sec. 2. And be it further enacted by the authority aforesaid , That the Tax Collector shall receive the usual and legal commissions for the discharge of his duty aforesaid. Sec. 3. And be it further enacted by the authority aforesaid , That the Receiver of Tax Returns and Collector of Taxes of the county of Pulaski, and now consolidated, shall remain so; but that in no case, after the passage of this act, shall any person hold said office for more than one year succeeding each other. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws, militating against this act, be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 26th December, 1842. TOBACCO. AN ACT to establish a Tobacco Inspection in the town of Rome, and to provide for the appointment of Inspectors. Section 1. Be it enacted by the Senate and 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 be established a Ware House and Tobacco Inspection in the town of Rome, Floyd county. Sec. 2. Be it further enacted by the authority aforesaid , That the Inferior Courts of the counties of Paulding, Cass, Murray, Walker and Chattooga be, and they are hereby authorized to nominate and recommend for the appointment of Tobacco Inspectors, by or before the first Monday in July next, to the Inferior Court of the county of Floyd; from the whole number thus nominated and recommended, the said Inferior Court shall appoint three persons to be Inspectors of Tobacco at Rome, as aforesaid, whose duties, liabilities and fees shall be the same as are now prescribed and allowed by the general laws regulating Tobacco Inspection in this State.

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Sec. 3. Be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act be, and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 23d December, 1842. TOWNS. AN ACT to repeal an act, passed the tenth day of December, 1841, to authorize and require the Justices of the Inferior Court of Emanuel county, to cause the new Court House, in the town of Swainsborough, in Emanuel county, to be built on a new lot laid off for the same by said Court. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That an act, passed on the tenth day of December, eighteen hundred and forty-one, to authorize and require the Justices of the Inferior Court of Emanuel county, to cause the new Court House, in the town of Swainsborough, in Emanuel county, to be built on a new lot laid off for the same by said Court be, and the same is hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives, ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 19th December, 1842.

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AN ACT to authorize the Justices of the Inferior Court, of the county of Tatnall, to lay off lots in the town of Reedsville, in the county of Tatnall, and dispose of the same as they think proper, for county purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, the Justices of the Inferior Court, of the county of Tatnall, are hereby authorized and empowered to lay off town lots in the town of Reedsville, in the county of Tatnall, and dispose of them as they shall deem most beneficial to the interests of said county, and they are to apply said means (so raised) to county purposes. Sec. 2. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 27th December, 1842. USURY. AN ACT to compel parties plantiffs, in the several Courts of this State, where the plea of usury is filed, to discover on oath, the truth or falsehood of the facts stated in such plea, or to allow the defendant, in case of refusal by the plaintiff, to establish the facts contained in such plea by his own oath, without a bill for discovery. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the passage of this act, that in all cases in the several Courts in this State, when the plea of usury shall be pleaded, the party plaintiff in such case, upon notice of such plea, accompanied by a copy of such plea, and which shall be served upon said plaintiff, his agent or attorney, within one month from the filing of such plea of the case in the Superior

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or Inferior Court, and within ten days, if the case is, in any Justices Court, or any other Court, discover on oath, by his written affidavit, to be made before some officer, legally authorized to administer an oath, whether the fact or facts set forth in said plea, are true as to the usury, and whether or not the contract upon which said suit is brought was usurious, and such written affidavit may be read in evidence on the trial of said case by either party. Sec. 2. And be it further enacted by the authority aforesaid , That if any party plaintiff shall fail or refuse to make the discovery as provided in the first section of this act, that the party defendant in said case may make an affidavit in writing, before any officer authorized to administer an oath, of the truth of the facts set forth in his plea as to the usury therein pleaded, and said affidavit of the defendant may be read on the trial by either party to said case. Sec. 3. And be it further enacted by the authority aforesaid , That the party where affidavit is used as evidence as provided in the first or second sections of this act, shall be put upon the stand, and cross examined by the other party as other witnesses. Sec. 4. And be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this act, be and the same are hereby repealed. WILLIAM B. WOFFORD, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. CHARLES J. McDONALD, Governor. Assented to, 28th December, 1842.

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RESOLUTIONS WHICH ORIGINATED IN SENATE. IN SENATE. The Committee on the State of the Republic, to whom were referred the various resolutions from other States, beg leave to report: That among the Resolutions transmitted by His Excellency, the Governor, are certain resolves of the Commonwealth of Massachusetts, against the imprisonment of Free Negroes, under the laws of those States which forbid the ingress of such persons within their borders. Your Committee would have passed by these Resolutions, unnoticed, as the sickly effusions of a wild and reckless fanaticism, had they not pronounced such a law a gross violation of the Federal Constitution. Georgia has such a law on her Statute Book; and we deem it our duty to repel the charge as unfounded in truth, and as manifesting a spirit which, if not rebuked and checked, will, sooner or later, destroy our Institutions and dissolve our Union. No State has a legal or moral right to interfere with the domestic policy or internal regulations of a sister State. Georgia has never rebuked Massachusetts for fraternizing with negroes, nor held her up to the reprobation of the States of this Union, for her violations of the Charter of Confederacy, by proclaiming those citizens, who were not so at the time of the adoption of the Federal Constitution; thereby attempting to add to that sacred instrument, and thus violating the letter and spirit of the compact. If your Committee had no other lights to guide them, than those furnished by the Constitution, they would be at a loss to ascertain what clause is referred to by the Legislature of Massachusetts, as being violated by the law above alluded to; but we are constrained to suppose that this bold assertion is based upon that section which grants to the citizens of each State, all the privileges of citizens in the several States. The meaning of this article is too plain for cavil; and could only have been intended to guaranty to the citizens of any one State the privileges to which citizens of other States were entitledor in other words, admitting negroes to be

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citizens under the Constitution, (which is utterly denied.) Georgia would have no right to exclude the black citizens of Massachusetts from privileges granted to the black citizens of Maine or New York. It is an universal rule of construction, that terms used in Statutes, are to be construed according to their generally received import; and this rule applies with great force to the Constitution of the United States, were negroes or persons of color, regarded as citizens at the time of the adoption of the Federal Constitution. They were not; and the term citizen, as used in that instrument, can only refer to those who were embraced in its definition at the time of its adoption. But upon this subject, Georgia will not condescend to argue; she will adopt the language of Massachusetts, in her remonstrance against the embargo, and say, that the people of this country are not accustomed to class among their rights, such enjoyments and privileges as depend on the will of any set of men, whatever; under such circumstances, they would cease to be the rights of a free people. Be it, therefore, Resolved , That negroes, or persons of color, are not citizens, under the Constitution of the United States; and that Georgia will never recognize such citizenship. Be it further Resolved , That His Excellency, the Governor, transmit a copy of the above Preamble and Resolutions to the Governors of the several States of this Confederacy. In Senate, agreed to unanimously, December 24th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives, concurred in Dec. 26, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842. IN SENATE. The Committee, to whom were referred that portion of the Governor's Message which relates to the fine imposed on Andrew Jackson, at New Orleans, at the time of the attack and defence of that city in 1815, beg leave to report:

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That the various circumstances which preceded and attended the imposition of the fine on Andrew Jackson, in 1815, by the District Judge of Louisiana, and the causes alleged for its exaction, are known to the country, and have recently been the subject of extended examination and discussion in the Senate of the United States. The Committee deem it needless, therefore, to recapitulate to the Legislature of Georgia, the details (and the evidence to sustain them) of an incident of marked character in the history of this Republic, at one of its most interesting epochs; an incident connected with the public conduct of one of the most distinguished men of the age, at an eventful period of his life, and that is as widely and generally known as the victory which consummated his renown and saved an important portion of the Union from devastation and plunder. Such recapitulation, and the exhibition of such wisdom, would be as inappropriate and unnecessary, it seems to the Committee, as a labored effort to prove that Warren fell at Bunker Hill, and Cornwallis surrendered at Yorktown. The authenticity of these striking events in the revolutionary annals of the country, and the imposition of a fine on Andrew Jackson, for the inflexible discharge of a responsible and perilous duty, rest upon the same basis, traditionary and historical evidence, and have made an equally durable impression on the public mind. The disposition and arrangements made at New Orleans immediately preceding the Eight of January, 1815, have ever since been hailed with universal acclaim, in every part of the land, and attest the wisdom and firmness of the Commanding General, at an awful crisis. Those only who have mingled in the turbulance of war and the convulsions of revolutions; who have seen the abodes of domestic peace invaded, and danger and death hover around their habitations; who have witnessed the citizen driven in terror from his peaceful occupation, by the unsocial sound of the drum and the approaching footsteps of a hostile foe, can realize the horrors of war; or know any thing of the stern determination and the extraordinary measures demanded, to meet the crisis, and to conduct it to a fortunate issue. These difficulties and dangers, perhaps, never presented themselves in more fearful array, or threatened more appalling consequences, than at the instant when Andrew Jackson proclaimed the existence of Martial Law over New Orleans. History, impartial history, in recounting the incidents of the brilliant achievements of the Eighth of January, 1815, speaks but one voice. It paints, in vivid colours, the strength and discipline, and desperate resolution of the invading force; the doubt, dismay, and confusion, in our ranks, and the indomitable courage and extraordinary energy of the man, who, by assuming supreme authority, and enforcing implicit obedience, saved

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a city from pollution and plunder, and conducted the American Arms to a triumphant result. This authority demanded to check the traitor within, as well as to repel, succesfully, the enemy without, and assumed only when the ordinary discipline of the camps was insufficient, could tolerate no interference with its uninterrupted exercise. Such influence would have rendered it a mockery, and have defeated the objects of its declaration. Insensible, however, or regardless of the imperious circumstances which prompted the establishment of Martial Law, and strangers to those elevated feelings which actuated the Patriot in the hour of danger; there were those who sought to overthrow its authority, and again to expose the city to the threatened horrors of anarchy and confusion. Equal to the crisis, and avoiding no responsibility, Andrew Jackson promptly suppressed the iniquitous attempt. And the brilliant result which immediately ensued, in connection with the almost superhuman exertions required to achieve it, demonstrated the necessity of the assumption of absolute power by the Commanding General, and its direct agency in maintaining the lustre of American Arms, and in perpetuating National Freedom and Independence. Peace restored and danger removed, it was natural to suppose that the disorganizing spirits, conscious of guilt, would have suppressed their impotent malice, and have sought to conceal the obliquity of their conduct. Fired with rage, and inflated with official consequences, vengeance was sought; and at a moment when every heart glowed with gratitude to him who had encountered the hardships of War, and had assisted in preserving the freedom of his countrywhen he was receiving the just tribute of respect from every class, for the bravery he had displayed, and the extraordinary services he had rendered, Andrew Jackson was arraigned and fined; and a reversal of that sentence is now asked, for the man who has grown gray in honorable servicewho has obtained laurels in the field and honor in the Cabinet; and who should find his reward in the gratitude and attachment of his country. The Committee, therefore, recommend the adoption of the following resolution: Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That our Senators in Congress be instructed, and our Representatives be requested, to urge the passage of a law, refunding to Andrew Jackson, of Tennessee, with interest and cost, the fine of one thousand dollars, imposed on him by the Judge of the Louisiana District, in 1815, for the alleged offence against the authority of said Judge. Resolved , That the Governor of this State be required to

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forward to our Senators and Representatives in Congress, without delay, a copy of this Report and these Resolutions. In Senate, agreed to, Dec. 22d, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives, concurred in, Dec. 26, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842. IN SENATE. The Committee on the State of the Republic, to whom was referred the Preamble and Resolutions of the State of Kentucky, against the doctrine of repudiation of State debts, cannot suffer the occasion to pass without expressing their entire acquiescence in those resolutions, and their decided abhorrence of the odious doctrine of repudiation, as immoral and subversive of the very foundation of civilized society. If the Constitution of the United States has closed the doors of the Courts of Justice against creditors of the several States, the obligation to meet all our engagements, becomes the stronger and more binding. We have placed this barrier beyond which the creditor cannot pass; and to avail ourselves of it, to defeat the claims of others, is alike unjust and dishonest. Nor is the case at all changed, or the obligation lessened, if the borrowed money has been misapplied, and the State defrauded and deceived by its own agents. The State was in fault in appointing unfit or dishonest agents, and it should bear the consequences. It is a beautiful feature in our Government, and strongly illustrative of that high-toned moral feeling which characterized the Fathers of the Revolution, that so far from repudiating their debts, they incorporated the obligation to pay into the very charter of our national existence. This spirit should animate their descendants. Be it therefore Resolved by the Senate and House of Representatives of the State of Georgia , That they view with horror,

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this novel and dishonest doctrine of repudiation, as a stain upon the escutcheon of this country, and can never recognize its validity. Be it further Resolved , That there is a moral obligation upon every Government to discharge its pecuniary obligations, and any State refusing to do so, or to provide the means of payment, is false to the principles of common honesty and an enlightened civilization, and is unworthy of the confidence of its sister States. Be it further Resolved , That whilst we entertain these opinions, we would embrace this opportunity in advance, to express our unqualified disapprobation of any assumption of State debts by the General Government, and to enter our solemn protest against the same, as unjust and unequal; a dangerous usurpation of power, and a violation of the spirit of the Federal Compact. Be it further Resolved , That His Excellency, the Governor, be requested to forward copies of the above Preamble and Resolutions to the President of the United States, and to the Governors of the several States of this Confederacy. In Senate, agreed to, December 24th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives, concurred in Dec. 26, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842. IN SENATE. Resolved , That his Excellency the Governor be authorized, and is hereby required, to appoint some fit and proper person to apply to and receive from Wilson Lumpkin, Esq., Disbursing Agent of the Western and Atlantic Rail Road, the books, vouchers, scrip, and all other papers, funds and effects belonging to, connected with, or in any wise appertaining to said Rail Road in his hands or under his authority or control, other than the State's Bonds, and such documents as cannot, with propriety, be removed; that said person so

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appointed, shall proceed to post up the books, arrange the vouchers, and so adjust the accounts connected with said works, as may be necessary to make a full and fair exposition of the same; that he be required to make a schedule of the same, and deposit a copy thereof in the Comptroller General's office, and the originals in the office of the Executive; and it shall be the duty of the Governor and the Comptroller General, to have the same recorded in their respective offices. And be it further Resolved , That his Excellency the Governor be authorized to pay to the person so employed, out of the Contingent fund, such compensation as he may deem just. In Senate agreed to, 26th December, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives concurred in, 26th Dec., 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842. IN SENATE. The Select Committee to whom were referred the communication of his Excellency the Governor, on the subject of the claim of the Georgia Rail Road and Banking Company, for indemnity for losses sustained on uncurrent money, by neglect of the State to comply with its contract, have had the same under consideration, and think the claim is just, and should be allowed. By the contract, the Company advanced a given sum of money in specie funds, and were to receive similar funds in payment; this was not complied with, and the Company sustained a loss thereby on forty thousand dollars, at the rate of eight and one-half per. cent. discount, and a further loss of twelve and one-half per. centum on twenty-eight thousand nine hundred and seventy-three dollars and sixty cents. Your committee have examined into the rates of exchange at the period when the uncurrent funds were received by the Company, and find them higher than charged by the Company.

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Your committee therefore ask leave to report the following resolution: Resolved by the Senate and House of Representatives , That the Treasurer be, and he is hereby authorized and directed to allow, in his settlement with the Georgia Rail Road and Banking Company, for taxes now due the State, a credit of seven thousand five hundred dollars and seventy-five cents. In Senate agreed to, December 26th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives concurred in, Dec. 26th, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 29th December, 1842. IN SENATE. Resolved , That his Excellency the Governor be requested to send with the laws and journals, to the county of Stewart, two copies of the Georgia Justice, and two copies of Princes Digest, for the Justices of the Peace, for the 796th district, Georgia Militia, of said county. In Senate read and agreed to, December 1st, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives concurred in, Dec. 26th, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, December 28th, 1842.

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IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That his Excellency the Governor be requested and directed to have such proceedings instituted, as soon as practicable, as may be necessary to insure the speedy collection of the amount of the defalcation of Thomas Haynes, the late Treasurer of this State. In Senate agreed to, December 26th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives concurred in, Dec. 27th, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842. IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That the two branches of the General Assembly will convene in the Representative Hall, on Wednesday next, at 11 o'clock, A. M., to proceed to the election of a Senator in Congress, for six years from and after the third day of March next, 1843. Read and agreed to, November 24th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives concurred in, Nov. 24th, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES, J. McDONALD, Governor. Approved, 25th November, 1842.

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IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That our Representatives in Congress be requested to use their best exertions to have the stage line now in operation, between Spring Place and Gainesville, Georgia, extended to Pendleton, S. C., so as to facilitate travel and the transportation of the mail between the east and west; also, to have a tri-weekly mail between Marietta and Canton, Georgia, carried in two horse hacks. Resolved further , That his Excellency the Governor furnish our Representatives in Congress with a copy of the foregoing resolutions. In Senate agreed to, December 26th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives concurred in, Dec., 26th, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842. IN SENATE. The Committee to whom was referred the memorial of William Hotchkiss, of the county of Seriven, have had the same under consideration, and beg leave to report: That after an examination of the plan upon which Mr. Hotchkiss proposes to compile, collate and digest, the laws of general interest of the State of Georgia now of force, we cannot withhold from the memorialist our entire approbation of the design; and believe a work so executed, will prove highly beneficial to the profession, of officers of court, administrators, executors, and guardians, and none more particularly, than magistrates, constables, and the mass of our fellow-citizens. Your Committee would therefore, recommend to the attention of this present Legislature, his

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laudable undertaking, of digesting our Public Statutes, in such form as brings it within the reach of all persons, whose duty it is to know, or to administer the law, and would respectfully submit the following resolution: Resolved by the Senate and the House of Representatives of the State of Georgia, in General Assembly met, and it is hereby resolved by the authority of the same , That the memorial of William A. Hotchkiss of the county of Scriven, is entitled to due respect, and that the prayer of the memorialist should be granted. And be it further resolved , That some standard should be established whereby fines and forfeitures, now by law in pounds, shillings and pence, may be reduced to dollars, in round numbers, and that Justices of the Peace have no right to try any criminal offence, except such as granted in the Constitution of this State, and that the said officers not so cognizable, should be indictable for misdeamenors, and be punished by fine and imprisonment, or fines or imprisonment, at the discretion of the Court, with suitable limitations. And your Committee would further say, that the suggestions of the memorialist adverted to in the last resolution, is a subject that should receive the consideration of the government, that all vexed questions as far as practicable, may be put to rest. In conclusion, your Committee would recommend the design of the memorialist, to the kind consideration of the Senate and House of Representatives, and do most respectfully submit his claims. In Senate, read and agreed to, Nov. 24th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives, concurred in, Dec. 4, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, December 20th, 1842. IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia , That the Sheriff of Coweta county be, and he is hereby ordered, to expose to sale, and sell the State of

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Georgia's interest in lot of land number one hundred and twenty, in the second district of said county of Coweta, which lot of land has been considered as a fraudulent draw, and that said sheriff make a return of said sale, to the Comptroller General's Office, so soon as the same shall have been legally advertised and sold. In Senate, read and agreed to, Dec. 12, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives, concurred in, 26th Dec. 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842. IN SENATE. Whereas William Williams, now of the county of Bulloch, gave in his Tax Returns, and paid his taxes in the county of Bulloch; and whereas, the same property was given in by his agent, and paid for in the county of Chatham; Therefore, Be it Resolved , That His Excellency the Governor, be, and he is hereby authorized and required, satisfactory proof being made, that the tax of William Williams, has both been paid in the counties of Bulloch and Chatham, for the same property and in the same year, to refund so much thereof as was improperly paid by said agent, and that His Excellency the Governor, draw his warrant on and pay the same from the Contingent Fund. In Senate, agreed to December 2d, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives, concurred in, Dec. 24, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 26th December, 1842.

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IN SENATE. Resolved , That both branches of the General Assembly will meet in the Representative Chamber, on Friday next, at 11 o'clock, A. M., for the purpose of electing a Treasurer of the State of Georgia. In Senate agreed to, November 9th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives agreed to, Nov. 9th, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 11th December, 1842. IN SENATE. Resolved , That both branches of the General Assembly will meet in the Hall of the House of Representatives, on Saturday next, at the hour of eleven o'clock, for the purpose of going into an election of a Major General, of the eighth division, Georgia Militia, to fill the vacancy occasioned by the resignation of General Lewis L. Griffin. In Senate agreed to, November 11th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives concurred in, Nov. 11th, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 11th November, 1842.

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IN SENATE. Resolved , That both branches of the General Assembly will convene in the Representative Hall, on Friday next, at 11 o'clock, A. M., to proceed to the election of a State Printer. Agreed to in Senate, November 24th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives concurred in, Nov. 24th, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 25th November, 1842. IN SENATE. Whereas, in the year eighteen hundred and forty-one Charles M. Griffin, was improperly taxed by the Receiver of Tax Returns of Cass county, for said year, the sum of thirtynine dollars and six cents, on his capital stock in the Monroe Rail Road Banking Company; the law having provided that returns of Bank stock should be made by the Banks and paid by them to the State Treasurer; and the same having been so returned by said Bank, thus causing the tax thereon to be twice twice paid. Be it resolved by the Senate and House of Representatives, in General Assembly met , That His Excellency the Governor, be and he is hereby requested and instructed, to draw his warrant on the Contingent Fund in favor of Charles M. Griffin, for said sum of thirty-nine dollars and six cents, to refund him the amount of tax illegally assessed and collected of him as aforesaid; Provided , said Griffin shall make it appear that he has paid the same to the Collector of said county of Cass as aforesaid. Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met , That John G. Park Comptroller General of said State, be authorized to allow Faddy J. Whittington, Tax Collector of Pike county for

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the year eighteen hundred and forty, fifteen dollars and fifty six cents, in settlement for the taxes of said county, for the year eighteen hundred and forty-one, it being the amount of Tax Executions returned to him, and not allowed on his insolvent list by the grand jury of said county of Pike. In Senate, agreed to, December 3d, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives, concurred in, Dec. 26th 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, December 28, 1842. IN SENATE. The Committee on the State of the Republic, to whom were referred that portion of the message of His Excellency the Governor, relative to the Preamble and Resolutions of the Legislature of the last year, transmitted to our Senators in Congress, and to the recent address of the Honorable John M. Berrien, beg leave to offer the following report and resolutions: The Committee have read with care and attention, the Address of the Honorable John M. Berrien, and feel that they would be unworthy of the trust delegated to them did they not give it that notice which its principles and doctrines seriously demand. The Address is in reply to the preamble and resolutions passed by the last Legislature, on the subject of many important measures of national concern; and whilst we admit the perfect right of the Senator to address the people, the source of all power, yet we deem, that it would have been nothing more than common courtesy, for him also, to have addressed his immediate constituents, the body from whom he derived his office, and upon whose action and opinions, he was commenting. The Address was promulgated just previous to the general elections, and was evidently intended to operate on their results. But the people were not convinced, and the signal rebuke which they gave to the Senator, by the election of

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Representatives in Congress, and a majority of both branches of the General Arsembly, professing opinions diametrically to those advanced by him, should have carried conviction to his mind, that he was no longer a fit and proper representative of the State of Georgia. He appealed to the peopleand should he not be governed by their verdict? A man who loves his country, and its institutions, better than his own aggrandizement, would never hold office a moment after he had lost the confidence of the people. The Committee are free to acknowledge, that this Legislature has no power to compel a Senator to resign ; but the theory of a representative government, and the delicate connexion between the constituent and the representative, imperiously demand that whenever he ceases to subserve the object of his appointment, he should at once surrender the delegated trust. Tested by this plain and obvious rule, Mr. Berrien will utterly defeat the end and aim of representative government, should he continue to retain the office of Senator in Congress. The Committee however, would not advise you to derogate from your official dignity, so far as to prefer any request to an agent , who disavows your authority. The man who disregards the twice expressed will of the people of Georgia , will in all probability, pay as little attention to the wishes of their legislature. We feel it however due to the majesty of the State of Georgia , that we her servants , should withdraw ourselves from all official contact with the Honorable John McPherson Berrien, and leave him in the isolation he has chosen for himself, to hold (if it so please him) the office to which he has been electedto enjoy (if that can comfort him,) the wages of his office. Cassio I loved thee, But never more be officer of mine. The people of Georgia are opposed to a National Bank; to the distribution of the proceeds of the sales of the public lands; to the abolition or modification of the veto power; and with Judge Berrien, in the palmy days of his intellect, they utterly deny the constitutional power of Congress to enact a tariff of protection, and regard such a tariff as unequal in its operation, oppressive and unjust . And yet, upon each, and all of these important questions, the people of Georgia differ materially from Mr. Berrien. Be it therefore resolved by the Senate and House of Representatives of the State of Georgia , That the opinions of the honorable John M. Berrien, on the subject of a National Bank; the adjustment of the Tariff; the distribution of the proceeds of the sales of the public lands, are in direct opposition to the principles of a large majority of the people of this State. Be it further resolved , That the veto power is the great conservative principle of the Constitution, and its abolition or

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proposed modification, would leave our rights, and the Constitution itself, the sport of irresponsible majorities in Congress. Be it further resolved , That the Senators in Congress are the representatives, and officers of the States electing them, and the opinion of the honorable John M. Berrien, that he is not an officer of the Government of Georgia , renders him unfit to represent this State in the Senate of the United States. And be it further resolved , That this Legislature hereby withdraws its confidence from the honorable John McPherson Berrienwe will receive no communication from himnor will we in any emergency, address ourselves to that honorable Senator, to further the interests or defend the rights of the people of Georgia. Be it further resolved , That His Excellency the Governor, be requested to forward a copy of the above Preamble and Resolutions, to the honorable Alfred Cuthbert, with our instructions to lay the same before the Senate of the United States. In Senate, agreed to December 17th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives, concurred in 24th Dec. 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, December 28th, 1842. IN SENATE. Whereas, by authority of a joint resolution of the General Assembly of this State, in the year 1834, his Excellency, William Schley, then Governor of Georgia, appointed Mathew St. Clark, Esq., of Washington, agent to prosecute the claim of this State, against the United States, for services rendered and money expended during the Revolutionary war; and whereas, it is desirable to be informed, what progress said agent made towards a final adjustment of said claim. Be it therefore Resolved by the Senate and House of Representatives , That his Excellency, Governor McDonald be, and he is hereby requested to open, at as early a day as practicable,

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a correspondence with the said Mathew St. Clark, Esq., requesting of him information touching said claim, what progress has been made towards an adjustment, and what is the probability of a final settlement favorable to the State. Further Resolved , That his Excellency the Governor be, and he is hereby authorized to adopt such measures as to him may seem most conducive to the interest of the State, to press a final adjustment of said claim. In Senate read and agreed to, December 20th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives concurred in, 26th Dec., 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842. IN SENATE. Resolved , That his Excellency the Governor be, and he is hereby authorized to draw his warrant upon the Treasurer in favor of one of the Representatives from the county of Thomas, for the sum of one hundred and thirty-three dollars and fifteen cents, it being the amount of Poor School Funds due the county of Thomas, for the year eighteen hundred and forty-two. In Senate read and agreed to, December 20th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives concurred in, 26th Dec., 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842.

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IN SENATE. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That the Treasurer be, and he is hereby authorized to employ some suitable person to attend the Sheriff's sale of property levied on by any execution issued for any tax due by any Bank in this State, to prevent loss to the State by sacrifice of such property. In Senate read and agreed to, November 29th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives agreed to, Nov. 30th, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 1st December, 1842. IN SENATE. Whereas, upon the examination made by the Committee of Finance into the affairs of the Treasurer, they find certain notes on sundry persons, made payable to Thomas Haynes; the presumption is that said notes are the individual property of the said Thomas Haynes. Therefore be it resolved by the Senate and House of Representatives , That B. B. Smith the present Treasurer, be authorized and required to deliver to Mrs. Haynes, the relict of the late Thomas Haynes, Esquire, all notes or evidences of property, that may be in the office or vaults of said Treasurer, that is supposed to belong to the said Thomas Haynes. In Senate, read and agreed to, 22d Dec. 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives, concurred in, 26th Dec. 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842.

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IN SENATE. Whereas, the Treasurer has issued execution against several of the Banks of this State, which were in default for taxes due the State, and the amount of Taxes was assessed upon the capital of the Bank of the State of Georgia, as required by law, but which greatly exceeds the amount actually due by said Bank, and there being sufficient grounds in equity, to discharge the Banks from the payment of this excess. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby resolved by the authority of the same , That the Treasurer be, and he is hereby directed to suspend all operations on said executions upon the said Banks respectively, against which they have issued, by paying into the Treasury the amount of Taxes actually due, for each and every year, for which executions have been issued. In Senate, agreed to, Dec. 22d, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives, agreed to Dec. 23d, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 24th December, 1842. IN SENATE. Whereas, by the death of Robert Burton and Jonathan Robertson, two vacancies have occurred in the Board of Commissioners, to open and improve the navigation of the Skidaway Narrows, Therefore be it Resolved by the Senate and House of Representatives , That Clem Powers and John Deloach be, and they are hereby appointed Commissioners, with the same power and authority as was possessed by those whose vacancy they

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fill, and shall, with the balance of the surviving Board, be competent to transact all business committed to their charge. In Senate agreed to, December 17th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives concurred in, 24th Dec., 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842. IN SENATE. Resolved , That his Excellency the Governor be requested to furnish the county of Paulding with two copies of Princes Digest, and two copies of Scott's Militia Tactics, for the 858th and 951st district, G. M., and that the same be forwarded with the acts and journals of this session; also, for the county of Jasper, six copies of Prince's Digest, and six copies of Scott's discipline; also, four copies of Prince's Digest and four copies of Greene and Lumpkin's Georgia Justice, for the use of the county of Ware; also, four copies of McComb's Military Tactics, for the county of Carroll; also, one copy of the new edition of Prince's Digest, and one copy of the late edition by Greene and Lumpkin of the Georgia Justice, for the 329th district, G. M., of the county of Wilkinson; also, two copies of Scott's Military Tactics, for the county of Randolph; also, Thomas county with four copies of Green and Lumpkin's Georgia Justice, and three copies of Scott's Military Tactics; also, two copies of Green and Lumpkin's Georgia Justice, two copies of Prince's Digest, with the late acts of General Assembly, to the county of Lowndes, for the use of the 904th district, G. M. in said county; also, two copies of Scott's Military Tactics, to the county of Lincoln; also, two copies of Prince's Digest, two copies of Georgia Justice, for Shoal Creek district, in the county of Lumpkin; also, two copies of Scott's Tactics, for the county of Decatur; also, twelve copies of Schley's Digest, to be distributed to the several districts in Cass county; also, three copies of Prince's new Digest, and three copies

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of Greene and Lumpkin's Georgia Justice, to the county of Heard; also, six copies of the Georgia Justice, and six copies of Prince's Digest, for the county of Troup; also, one copy of Prince's new Digest, and one copy of the Georgia Justice, for the county of Muscogee; also, four copies of Prince's new Digest, and four copies of the new Georgia Justice, for the use of the county of Camden; also, four copies of Prince's new Digest, and four copies of the Georgia Justice, for the county of Wayne; also, four copies of McComb's Military Tactics, for the county of Walton; also, one copy of McComb's Military Tactics, for the 300th district, G. M., of Jones county; also, ten copies of Green and Lumpkin's Georgia Justice, for the county of Dade; also, four copies of Prince's late Digest, and three copies of McComb's Military Tactics, for the use of the county of Putnam; also, one copy of McComb's Military Tactics, for the 570th district, of Hall county; also, one copy of Prince's Digest, and two copies of the Georgia Justice, for a newly created district, in the county of Thomas; also, two copies of Prince's Digest, and two copies of the Georgia Justice, for the 999th district, G. M., of the county of Lumpkin; also, ten copies of Scott's Military Tactics, for the county of Coweta; also, two copies of Prince's Digest, for the 777th district, G. M., in the county of Randolph; also, four copies of Greene and Lumpkin's Georgia Justice, for the county of Walker: Provided , said books are in the Executive office, or can be purchased by him at reasonable prices: Provided , that all new laid off districts have precedence in the supply herein authorized, if they have not been before furnished. In Senate read and agreed to, 20th December, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives concurred in, 24th Dec., 1842, WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842. IN SENATE. Be it Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That his Excellency the Governor be, and is hereby respectfully requested

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to appoint the first Friday in May next, as a day of Fasting, Humiliation and Prayer; and the first Friday in November next, as a day of Thanksgiving, to be attended with appropriate religious services, in the several Churches throughout the State. In Senate agreed to, December 19th, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives concurred in, Dec. 26th, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842. IN SENATE. Resolved , That B. B. Smith, Esq., Treasurer, report to the Comptroller, the sum of ninety-five thousand nine hundred and forty-seven dollars forty-seven cents, as the assets of the Treasury at the time of the death of Thomas Haynes, Esq., late Treasurer, and the Comptroller General is hereby directed to credit the account of T. Haynes, Esq., late Treasurer, with that amount, and charge the same to B. B. Smith, Esq., present Treasurer: Provided, however , the aforesaid balance of ninety-five thousand nine hundred and fortynine dollars and forty-seven cents, so to be debited and credited, is understood to be in the currency, and kind of money specified in the report of the committee on Finance, and shall be so entered by the Comptroller General, without prejudice to the claim of the State against the late Treasurer for receiving depreciated currency. In Senate agreed to, 22d December, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. In House of Representatives concurred in, Dec. 26th, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842.

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RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES. IN HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That his Excellency, the Governor, be, and he is hereby authorized and required to furnish the county of Chattooga, seven copies of Prince's Digest; seven copies of Greene Lumpkin's Georgia Justice; and ten copies of such Military Books as are in use in the training and disciplining the Militia of this State. To the county of Coweta, two copies of Prince's Digest, and two copies of the New Georgia Justice, for the use of the newly created (or 992d) district, G. M., in said county. To the county of Early, one copy of Dawson's Compilations; one copy of Prince's Digest; and the late Militia Laws, for the use of the 430th district, G. M. To the county of Dade, fourteen copies of Greene Lumpkin's Georgia Justice; to be distributed by the Clerk of the Inferior Court of said county, amongst the Justices of said county, who have not been supplied with the same. To the county of Rabun, five copies of Prince's Digest, and four copies of Greene Lumpkin's Digest, for the use of the officers of said county. To the county of Pike, two copies of Prince's Digest. To the county of Union, two copies of Prince's Digest, and two copies of Greene Lumpkin's Georgia Justice, for the use of the new created districts of said county. To the county of Sumter, four copies of Greene Lumpkin's Georgia Justice, and four copies of Prince's new Digest, for the use of the Justices of the Peace of the newly created district in said county. To the county of Lumpkin, two copies of Prince's Digest, and two copies of the Georgia Justice, for the use of the 999th district, G. M., of said county. To the county of Floyd, one copy of Prince's Digest, and one Greene Lumpkin's Georgia Justice, for the use of the 923d district, G. M., of said county. To the county of Habersham, five copies of Prince's Digest, and five copies of Greene Lumpkin's

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Georgia Justice. To the county of Greene, two copies of Prince's Digest, for the use of the Sheriff and one of the Justices of the Inferior Court of said county. Be it further resolved by the authority aforesaid , That the same be sent with the Laws and Journals of the present session. In House of Representatives, agreed to, 24th Nov. 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, read and agreed to, Dec. 26, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842. IN HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby resolved by the authority of the same , That our Senators and Representatives in Congress, be requested to use their exertions to have established, a Mail Stage route from Clarksville, in Habersham county, Georgia, via Clayton, Rabun county, Georgia, Franklin, Macon county, North Carolina, and Waynesville, Haywood county, to Ashville, Buncombe county, North Carolina; to be carried in two horse coaches. And be it further Resolved , That his Excellency, the Governor, be requested to forward a copy of this resolution to each of our Representatives in Congress. Agreed to, 25th November, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, Dec. 26, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842.

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IN HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby resolved by the authority of the same , That his Excellency, the Governor, be requested forthwith to cause all the books, pamphlets, and other public documents, belonging to the State, or any of its departments, to be collected, arranged, and bound; and that he also have the words State of Georgia, endorsed on the back of each volume; and have all of said books placed on proper shelves, in some convenient room, to be prepared for the same in the State House. In House of Representatives, agreed to, 19th Dec. 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, Dec. 26, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842. IN HOUSE OF REPRESENTATIVES. Be it Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby resolved by the authority of the same , That the President, Cashier, and Directors of the Central Bank of Georgia, be, and they are hereby authorized and required to transfer to Henry W. Jernigan, so much of the liability of the Bank of Columbus, as will cover the demands of said Bank of Columbus, against said Jernigan, by his giving his note for the same, payable five years after date, with good personal security, and pledge of his claims against the General Government; Provided , the amount settled by the Central Bank, shall not exceed the claim transferred by Captain Jernigan on the General Government to the Central Bank. And Provided further , that the said Jernigan shall pay interest on his said note at the rate of six per cent. per annum. And be it further Resolved , That his Excellency, the Governor, be, and he is hereby authorized and required to call upon the Georgia Delegation in Congress, for the documents

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supporting said claim and demand of the General Government, the payment of said claim, under an act of Congress, passed on the ninth April, 1816, and an amendatory act, on the third March, 1819, providing for payment of property destroyed while held or used as Barracks repository or deposite, under an order of an officer. Agreed to, 15th December, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, concurred in, 17th December, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. CHARLES J. McDONALD, Governor. Approved, 19th December, 1842. IN HOUSE OF REPRESENTATIVES. Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby resolved by the authority of the same , That his Excellency, the Governor, be requested to forward to the county of Camden, for the use of the Justices of the Peace of Brewer's District, two copies of Prince's Digest and two copies of the Georgia Justice. Also, the county of Putnam, with four copies of Prince's Digest, for the use of the Justices of the Peace of said county. Also, the county of Macon, with two copies of Prince's Digest and two copies of the New Georgia Justice; and the 1002d District, Georgia Militia, with one copy of each of said law books. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842.

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IN HOUSE OF REPRESENTATIVES. The Joint Select Committee, appointed to examine the actings and doings of the Commissioners of the Western and Atlantic Rail Road, have had the same under consideration, aud beg leave to report: That they are utterly unable to make a definite report on the subject before them. The books, accounts, and vouchers, c., of the Commissioners of the Western and Atlantic Rail Road, are at Marietta, in the county of Cobb; therefore, we beg leave to offer the following resolution: Resolved , That the Commissioners of the Western and Atlantic Rail Road, be requested and required to make out a ull and fair return of all their actings and doings, as Commissioners of the Western and Atlantic Rail Road, and deposite the same in the Executive office, on or before the first Monday in October next, then and there to be examined by the next General Assembly; and that said Commissioners shall have free access to all the books and papers belonging, or in any wise appertaining to said office of said Commissioners, c.; and his Excellency, the Governor, be, and he is hereby requested to cause said Reports to be published, in one or more of the public gazettes of Milledgeville. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. Read and concurred in, Dec. 26, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842. IN HOUSE OF REPRESENTATIVES. Resolved , That his Excellency, the Governor, be, and he is hereby authorized and requested to pay out of the contingent fund, all expenses attending the burial of the Honorable William Martin, a Member of this House from the county of Decatur, late deceased. And be it further Resolved , That, in testimony of the respect due to the memory of our associate, his Excellency, the Governor, be, and he is hereby authorized and required

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to have the grave of the said William Martin, enclosed with a suitable Monumental Tomb ; and that he pay for the same also out of the contingent fund. Agreed to, 21st December, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives. AttestJohn H. Dyson, Clerk. In Senate, read and concurred in, Dec. 26, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. CHARLES J. McDONALD, Governor. Approved, 28th December, 1842. IN HOUSE OF REPRESENTATIVES. Whereas, Berry T. Digby, Tax Collector of Jasper county, for the year eighteen hundred and forty-one, settled his account in full for said Tax, including the sum of forty-nine dollars, which was the Tax assessed against Irwin L. Brooks, William Farrar, and William J. Brooks, by his guardian, Iverson L. Brooks; and that subsequently to said settlement, the said Irwin L. Brooks, William Farrar, and William J. Brooks, by his guardian, Iverson L. Brooks, were relieved from the payment of said Tax, by the second section of an act, assented to December 11, 1841, entitled an act for the relief of certain persons of counties therein named, from taxes illegally assessed against them. Be it, therefore, Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That his Excellency, the Governor, be, and he is hereby requested to draw his warrant on the contingent fund, in favor of the said Berry T. Digby, for the said amount of forty-nine dollars. Agreed to, December 3d, 1842. WILLIAM B. WOFFORD, Speaker of the House of Representatives AttestJohn H. Dyson, Clerk. In Senate, concurred in, Dec. 12, 1842. ROBERT M. ECHOLS, President of the Senate. AttestJames Jackson, Secretary. CHARLES J. McDONALD, Governor. Approved, 22d December, 1842.

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INDEX. A. ACADEMIES MERIWETHER Warm Springs Academy, incorporated and trustees appointed, 3 CRAWFORD Knoxville Male and Female Acadiemies, incorporated and trustees appointed, 3 SCRIVEN Paris Hill Academy, trustees appointed, 3 TALBOT Sweet Spring Academy, trustees appointed, 3 BUTTS Jackson Female Academy, trustees appointed, 3 Iron Spring Male and Female Academies, trustees appointed, 3 UPSON Pine Knot Academy, trustees appointed, 4 DADE Montpelier Academy, trustees appointed, 4 MARION Farmington Academy, trustees appointed, 4 PAULDING Cedar Valley Academy, trustees appointed, 4 WALTON Monroe Female Academy, trustees appointed, 4 RANDOLPH Randolph Academy, to elect additional trustees, 5 SUMTER Farmers' Academy, incorporated and trustees appointed, 5 LAURENS Buck-Eye Academy, to add to board of trustees, 5 HARRIS Hamilton Female Academy, incorporated and trustees appointed, 6 LEE Level Green Academy, incorporated and trustees appointed, 7 STEWART Lumpkin Independent Academy Company, incorporated and directors appointed, 9 TALBOT Female Academy of Talbotton, amendatory of an act incorporating 11 CHATTOOGA Summerville Academy, to appoint additional trustees, 12 CUMMING Male Academy, to appoint additional number of trustees, 13 APPEALS Parties to appeal without paying cost or giving security as now required, 13 APPROPRIATIONS AND PUBLIC DEBT to be paid at the Treasury, and not elsewhere, 28 APPROPRIATIONS Governor's Salary, 14 Secretary of State's, 14 Comptroller General's, 14 Treasurer's, 14 Surveyor General's, 15 Secretaries of the Governor, 15 Attorney and Solicitor General's, 15 President of the Senate and Speaker of the House of Reps. 15 Members of the General Assembly, 15 Clerk of the House and Secresary of Senate, 15 Secretary and Assistant Secretary of Senate, 15 Clerk and Assistant Clerk of the House, 15 Enrolling and Engrossing Clerks, 15 Messengers and Door Keepers, 15 Inspector of the Penitentiary, 15 Clerk's in the Secretary of State's and Sur. General's office, 16 William J. C. Kennedy, 16 Judges of the Superior Courts, 16 Contingent Fund, 16 Printing Fund, 16 Justices of the Inferior Court of Richmond Co. 16 E. A. Soullard, 16 William W. Stephens, 16 Malchier Wimberly, 16 Henry Sutphine, 17 John D. Brown, 17 Lunatic Asylum, 17 William Kettell, 17 Hansell Dilliard, 17

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Extra Clerks in offices of Secretary of State, Treasurer, Comptroller General, and Surveyor General, 17 Extra Clerks employed by order of the Senate, 17 William Remshart, 17 Frederick Smith, 17 Charles Allen, 18 B. B. Smith, 18 Thomas N. Paulain, 18 Turner H. Trippe, 18 David Creamer, 18 Mrs. Amanda M. Taylor, 18 Joseph Crews, 18 Clerks in offices of Surveyor General, Secretary of State, Treasurer, and Comptroller General, 19 James Kivlin, 19 Harrol, Haser Co., 19 Wiley, Lane Co., 19 Penitentiary, 19 Henry Darnell, 19 Repairing of the State House, 19 Hon. Wilson Lumpkin, 19 Troops for the protection of Southern frontier, 20 Capt. D. J. Miller, 21 ARSENAL To repair in city of Savannah, 22 ASYLUM, LUNATIC Amendatory of an act passed 10th Dec. 1841, relative to 22 The removal of such convicts in the Penitentiary as are or may become lunatic, 22 ATTACHMENTS Amendatory of an act relative to the acts regulating 24 ATTORNEYS The following persons authorized to plead and practice law in this State: A. Thompson McIntyre, 25 Henry P. Heeth, 25 William S. Norman, 25 Richard M. Johnston, 25 Oliver H. Prince, 25 William A. Ramsey, 25 William A. Walton, 25 Wiley C. Adams, 25 Robert H. Griffin, 25 William P. Goodwin, 25 John Love Lowrie, 25 Samuel M. Rice, 25 Rufus N. McCugne, 25 George N. Lester, 25 Ambrose R. Wright, 25 Lewis F. Robison, 25 William B. Thompson, 26 William H. Thurmond, 26 William L. Fletcher, 26 R. H. Taylor, 26 H. G. Quarl, 26 Thomas Collins, 26 James S. Smith, 26 James M. Quarl, 26 Augustus H. Culbertson, 26 Lewis T. Robinson, 26 Jeremiah S. Mitchell, 26 Wiley C. Adams, 26 Augustus H. Gibson, 26 B. BANKS BANK OF BRUNSWICK To alter and amend the act incorparating, and to authorize its removal, 26 CENTRAL BANK For the redemption of the bills of, the revenue of the State after paying, c., shall be applied, 28 Repealing acts and parts of acts relative to 27

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No appropriation, or any balance of appropriation, to be paid by it, provided, c., 28 The President and Directors of, prohibited from discounting any new paper, c., c., 28 For the redemption of bills of, the honor and faith of the State bound, 28 No further discounts to be made to or for the Penitentiary, c. 28 Bills of, to be burned quarterly, 28 Directors of, two of them to be dispensed with, 31 Amendatory of an act assented to, December 1840, compelling them to pay specie, 29 Relief of certain, against which legal proceedings had been instituted, c. 29 To issue bills of a denominotion less than five dollars, 31 BANK OF AUGUSTA Amendatory of the several acts relative to, and authorizing to sell real and personal property, 32 BANK OF ST. MARYS Authorizing the removal of, and amendatory of the act incorporating, 34 BANK OF HAWKINSVILLE Authorizing the removal of, and amendatory of the act incorporating, 34 BRIDGES Z. White's, across Flint River, to establish, c. 35 Across the Chattahoochee, to authorize George W. Houston, to erect, c. 36 Across the Chattahoochee, to authorize John T. Cooper to erect and for other purposes, 36 At Columbus, to declare what shall pass over free of toll, 37 BURYING GROUNDS Private the protection of, from injury and destruction, 38 C. CERTIORARIES AND INJUNCTIONS Amendatory of an act passed December 16, 1811, regulating the granting of 38 CHANGE BILLS Amendatory of the laws regulating the circulating of, and to repeal a part thereof, 39 CHURCHES AND CAMP GROUNDS CLARKSVILLE Grace Church, incorporated, 40 LEE COUNTY Caney Head Methodist Church, incorporated, 41 GLYNN COUNTY Bethel Baptist Church, incorporated, 41 Macedonia Baptist Church, incorporated, 41 BEARD'S CREEK Baptist Church incorporated, and trustees appointed, 42 SHARON Camp Ground incorporated, and trustees appointed, 42 WHEAT'S Camp Ground incorporated, and trustees appointed, 42 PRESBYTERIAN Church in Sparta incorporated and trustees appointed, 42 MONROE Camp Ground To incorporate and for other purposes, 43 MARIETTA Protestant Episcopal Church, incorporated, 44 WARSAW Camp Ground, incorporated, and trustees appointed, 45 COTICAY Camp Ground, incorporated, and trustees appointed, 47 PLEASANT VALLEY Baptist Camp Ground trustees appointed, 46 MONROE Camp Ground, trustees appointed, 46 HARMONY, M. E. Camp Ground, trustees appointed, 46 ISLAND CREEK Baptist Church, incorporated, 46 TOCCOY M. E. Camp Ground, incorporated and trustees appointed, 47 KNOXVILLE M. E. Camp Ground, incorporated and trustees appointed, 47 UNITED B. Church Camp Ground, incorporated and trustees appointed, 47 HASTINGS, M. E. Camp Ground, incorporated and trustees appointed, 47 MOUNT ZION Camp Ground, incorporated and trustees appointed, 47 HANCOCK M. E. Church, incorporated and trustees appointed, 48 BEAVERDAM Camp Ground, incorporated and trustees appointed, 48 CITIES MACON Relative to appointing Marshal, 96 AUGUSTA To alter and amend the several acts relative to 49 DARIEN Relative to dockage, wharfage and storage, 160 SAVANNAH Mayor and Alderman of, to have jurisdiction over vessels lying between the city and Tybee, 159 Relative to dockage, wharfage and storage, 160 CITIZENSHIP To grant the rights and privileges of to certain persons of the Cherokee tribe of Indians, 49 To authorize certain persons to transfer from the county of Baker to the county of Thomas, 50

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To authorize certain persons to transfer from the county of Lumpkin to the county of Union, 50 CONSTABLES Compelling to advertize all their sales at three or more of the most public places in their proper districts, 55 CONSTITUTION To alter and change the third and seventh sections of the first article, 56 To alter so far as relates to the election of the General Militia officers of this State, 57 Amendatory of the first section of the third article, 58 COSTS To render the taxation and collection of uniform, c., 59 COUNTY SURVEYORS To alter the act fixing the amount of bond and security to be given by them, 60 COMMON SCHOOLS See Education. COUNTIES To add the residence of Isaac Watts, of the county of Twiggs, to the county of Bibb, 61 To add the residence of Ely Jones of the county of Clark to the county of Walton, 63 To add the residence of John S. Means, of Walton county to the county of Newton, 63 To add the residence of James M. Bryan of Glynn county to the county of Wayne, 67 CRAWFORD To admit and to make valid certain instruments destroyed by fire in said county. 61 JASPER AND NEWTON To alter and change the line between, and for other purposes, 62 FLOYD AND CHATTOOGA To change the line between, 64 PUTNAM AND JASPER To change the line between, 64 DOOLY AND LEE Repealing an act relative to, and for other purposes, 64 BRYAN AND BULLOCH To make plain the line dividing, 45 PIKE AND HENRY To alter the line dividing, 66 COLUMBIA AND WARREN To change the line between, 67 EMANUEL Relative to Court House in town of Swainsborough, 177 COURTS Amendatory of the several judicial acts so far as relates to Justices Courts, approved December 14, 1811, 68 Of Common Pleas and Oyer and Terminer Amendatory of an act relative to, of Savannah, 68 Common Pleas Amendatory of the laws regulating, and to change the time of holding in city of Augusta, 68 Inferior To alter and fix the time of holding in the counties of Sumpter and Lee, 69 Of Crawford county To legalize adjournment of 70 Of Ordinary, in Camden county To legalize proceedings of, c. 71 Justices' in Glynn county To be held in Brunswick, in said county, 72 Justices of 888th district, in Henry co. to preside together, 72 Superior and Inferior of Stewart county, to change times of holding, 73 Inferior of Forsyth county To change times of holding, 73 Superior in Southwestern circuit To change and fix the time of holding, 74 To authorize Judge of, to draw two panels grand and petit jurors for Randolph county, 74 Land Courts To define the office of clerk of, 119 Justices' Courts, jurisdiction of To declare and make certain, in certain cases, 113 Justices' Courts set-offs in regulating in cases of, 160 Superior Judges of To appoint temporarily a clerk or Sheriff in any county, c., 163 D. DOWERS Feme Coverts, conveying their estates and dowers, 75 E. ELECTIONS County of Forsyth To establish an additional precint in, 76 County of Lee To establish an additional precinct in, and to repeal part of laws establishing precincts in, 76 Precincts To establish, alter, change and abolish certain, in the following counties:

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County of Gilmer, 77 , 80 County of Wilkinson, 77 County of Dooly, 77 , 78 County of Laurens, 78 County of Randolph, 78 County of Thomas, 78 County of Habersham, 78 County of Campbell, 78 County of Ware, 78 County of Monroe, 78 County of Morgan, 78 County of Floyd, 79 County of Forsyth, 79 County of Early, 79 County of Coweta, 79 County of Monroe, 79 County of Macon, 79 County of Troup, 79 County of Hall, 79 County of Cherokee, 79 County of Harris, 80 County of Liberty, 80 County of Houston, 80 County of Jasper, 80 County of Gwinnett, 80 Gwinnett county Managers of to compensate, 81 Precinct To establish in Troup county, 81 Precinct To establish in Union county, 82 Precinct To establish in Carroll county, 82 Precinct changed In Marion county, 82 In Wilkinson county, 82 EQUITY To appoint a Master in, for the counties of Hall, Franklin, and Habersham, 82 ESTRAYS To alter and amend an act of 1823, relative to, so far as to the time of advertising, 83 EXECUTORS, ADMINISTRATORS, AND GUARDIANS To repeal an act relative to returns of, 85 EXECUTIONS Defendants in, to point out property belonging to them in their possession, 85 EDUCATION COMMON SCHOOLS Amendatory of an act relative to, in Bulloch, and to authorize the appropriation of a bequest given to the Poor of said county, 51 To establish in county of Bryan, and to appoint commissioners, c., 52 Amendatory of an act, of December 10, 1840, relative to, 54 ACADEMY FUNDS of Scriven county To elect trustees to control, 8 POOR SCHOOL FUND of Walton county To pay over to the teachers of Social Circle Academy, 9 COMMON SCHOOL FUND of Walker county To pay over to the trustee of the Academy in the town of Lafayette, 9 POOR SCHOOLS Relative to making returns of children entitled to the fund in Gwinnett county, 134 Relative to trustees of Academies in Gwinnett county, paying over monies in their hands to commissioners of, 135 Commissioners of, to pay certain teachers in the counties of Marion and Jackson, 135 Fund of Montgomery county Commissioners of to collect or give indulgencies to the debtors therefor, 136 Relative to teachers of in the county of Heard, 137 Of Telfair county Commissioners of, to pay such accounts as they may think proper, 137 System in Emanuel county To change to a common school system, 138 A board of commissioners to carry the same into effect, 138 Said board to loan surplus funds, 138 Those entitled to the benefit of said common system, 139 Payments of accounts for tuition, 139 Compensation of Treasurer, 140

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POOR SCHOOL FUND of Coweta county commissioners of to pay James Echols for teaching, 140 F. FERRIES On Flint River, Walpole and Saltmarsh's to make permanent and to regulate rates, c., 86 Across Altamaha river To authorize Morris Nail to establish 87 FRACTIONS AND LOTS Sale of, in Harris county To authorize the Sheriff to sell, 88 in Pike county To authorize the Sheriff to sell, 89 G. GRANTS Fees of, on reverted lots, to be refunded, 90 ALIAS GRANT To lot No. 164, in Marion county, to be issued, 91 I. INCORPORATIONS Augusta Home Industry Society, 44 Baptist Convention Amendatory of the act incorporating, 46 Upson county Waynmanville Manufacturing Company, to incorporate, 91 Upson county Thomaston Manufacturing Company, to incorporate, 93 Carroll county Town of Villa Rica, to incorporate and to appoint commissioners of, 94 Meriwether county Town of Greenville, relative to 95 Athens Amendatory of an act relative to, to change the place of election and for other purposes, 96 Crawford county Knoxville, supplementary to and amendatory of an act incorporating, 97 Brunswick To repeal an act incorporating town of, and for other purposes, 98 Fort Gaines To incorporate and appoint commissioners, 99 Union, Lumpkin and Habersham Turnpike Company To make valid the opening books of, and for other purposes, 101 Amoye Calola Turnpike Company To incorporate and to grant certain privileges to, 101 Harris county Whitesville, to repeal an act incorporating, 104 Burke county Alexander Village and Academy Company, to incorporate, 105 Tacoah Turnpike Road To incorporate and to grant certain privileges to, 106 Talking Rock Turnpike Company To incorporate and to grant certain privileges to, 109 Walker county Marble Company To incorporate, and for other purposes, 110 Augusta Warehouse Company To incorporate, 110 Monroe Agricultural Society To incorporate, 112 J. JURORS To repeal an act compensating, so far as relates to the county of Chattooga, 114 To repeal an act compensating, so far as relates to the counties of Cherokee and Floyd, 114 To repeal an act compensating, so far as relates to the county of Fayette, 115 To compensate, so far as relates to the county of Jackson, and to levy an extra tax for that purpose, 115 Summoning and Drawing To alter the law, so far as relates to Montgomery county, 116 To repeal an act compensating, so far as relates to the counties of Franklin and Scriven, 117 Amendatory of an act compensating, so far as relates to the county of Bibb, 117 To repeal an act compensating, so far as relates to the county of Murray, 118

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L. LANDS REVERTED FORTUNATE DRAWERS To repeal an act assented to 10th December, 1841, extending the time of, to take out their grants, 119 To limit time of, to take out grants in lottery of 1821, embracing certain counties, 119 To limit time of, to take out grants in lottery of 1827, embracing certain counties, 120 To limit time of, to take out grants in lottery of 1832, embracing certain counties, 120 A proviso in this act of limitation in favor of orphans, 120 Any person applying for a grant and leaving the price of the same, before the 1st day of July next, shall obtain the grant, bearing date of application, 120 LANDS UNGRANTED To be exposed at public outcry in the counties where they are situated, 120 Commissioners of, to give bond and security, 120 Commissioners of, advertise place, and time of sale, 120 Commissioners of, to keep books to register ungranted lots and names of bidders, 120 In default of payment on day of sale, to re-sell, c., 121 To make returns and pay over to the Treasurer, the money collected, 121 The Governor to draw a draft to compensate, 121 GRANTS To take out, the mode of proceeding, 121 Judgment creditors of the drawer may take out, to sell under execution, 121 and Sales the moneys arising therefrom to be paid over to the Treasurer, 121 LANDS SURVEYED ON HEAD RIGHTS Grants of, to be granted on the payment of the usual fees, though the time for taking out may have elapsed, 121 LIENS Amendatory of an act of December 11, 1841, giving persons employed on water crafts, on certain rivers, liens on such crafts, so as to include Savannah river, 122 Relative to steam saw mills, 122 Relative to mill rights, 122 Relative to builders of gold machines, 122 Amendatory of an act of 22d December, 1834, giving to masons and carpenters an incumbrance for debts on account of building, c., 123 Amendatory of an act giving to painters of Columbus the like security, c., 123 To repeal all laws relative to, so far as relates to the counties of Richmond and McIntosh, the cities of Savannah, Macon and Columbus, passed December 22d, 1834, and December 22d, 1840, 123 M. MILITIA Of Butts county Relative to Muster Ground, 124 Jones county Cadets To incorporate, 124 Newton Independent Horse Company To incorporate, and to furnish with arms, 125 Troop in Bulloch To furnish with arms, c., 126 Tatnall Guards To furnish with arms, c., 126 Corps of Cavalry To attach themselves to the first division of Georgia Militia, 126 Cavalry Company of Cherokee To furnish with arms, 126 Irish Jasper Greens To incorporate, and furnish with arms, 127 Floyd Rifles To furnish with arms, 127 Augusta Artillery Certain privileges granted to, 127 Militia Laws Amendatory of, 128 Putnam Guards To incorporate and furnish with arms, 129 Ph[UNK]nix Riflemen To supply with arms, 130 MILLS AND MILL-DAMS Mill-dam across South River Authorizing Isham Weaver and J. W. Messer to erect, 131

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N. NAMES CHANGED John Champney Tunno, Jr., to that of John Champney, 131 Jacob Holton to that of Jacob Gay, 132 P. PARDON Granted to Israel Champion, 132 PEDLERS The following persons authorized to vend merchandise without a license: James H. Harmon, of Crawford county, 133 James Towns, of Taliaferro county, 133 James Rutherford, of Lumpkin county, 133 PENAL CODE To add a section to sixth division of, 133 POOR SCHOOLS See Education. R. RAIL ROADS Milledgeville R. R. Company, incorporated, 141 Ocmulgee and Flint River To amend charter of, Rail Road communication from the Tennessee line to the 142 Chattahoochee river To repeal the act authorizing, 143 RIVERS Broad River Amendatory of an act relative to main sluice of, 143 Savannah and Ogechee To prevent obstructions being placed in. c., 144 RELIEF Of William H. Hughes, Bibb county, 145 Of legal representatives of Philo Hall, 146 Of Carlisle P Beman, Lewis Bond, and George W. Behn, 146 Of John Franklin, of Glynn county, 147 Of Augustus Alden, of Morgan county, 148 Of Daniel Parke, of Marion county, 149 Of Alexander Doke, of Wilkinson county, 149 Estate of John Emerson, of Morgan county, 152 Of Henry Todd, a free man of color, 152 Of Terrell Speed, of Morgan county, 153 Of R. W. Habersham, of Habersham county, 153 Of Francis C. McKinley Co., of Morgan county, 154 Of Allen Brown, of Morgan county, 154 Of Redden J. Loyless, and his securities, 155 Of William Hitchcock, and Hitchcock and Norton, 156 Of Simon G. Blossom and John H. Clute, 174 ROADS Around Anthony Shoals, to open, c. 157 Overseers of, for the counties of Lumpkin, Gwinnett, and Chattooga, to appoint warners, c. 157 Road Laws To amend, c., so far as relates to the county of Bryan, 158 S. STRICKLAND, HARDY To obtain certain records from the Court of Ordinary of Franklin county, and have them recorded in the Court of Ordinary of Forsyth county, 84 SHERIFFS AND OTHER OFFICERS Sheriff of Gwinnett county To advertise in some one of the Milledgeville papers, 161 Fayette county Sheriffs, Clerks, Coroners, and other officers of, to advertise their proceedings, c., 162 Cherokee county Sheriff of, relative to his advertising, 162 Sheriffs Amendatory of an act for the relief of, so far as relates to the counties of Thomas and Effingham, 163 Sheriffs or Clerks If not elected in sixty days after a vacancy has occurred, those in an adjoining county may officiate, c., 164 Sheriffs or Clerks of Coweta county To insert their advertisements in the public gazette in the town of Newnan, 165 Sheriffs To repeal an act compensating, so far as relates to Liberty county, 165 SLAVES Free introduction of, into this State repealing all laws prohibiting 165 Runaway Slaves To provide for the collection of rewards for apprehension of, 166 SUBP[UNK]NAS Witnesses Fees Amendatory of the laws pointing out the manner of collecting, 167

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T. TAXES COLLECTOR AND RECEIVER Repealing the act consolidating the offices of, so far as relates to the county of Paulding, 168 To limit the term of office, so far as relates to Pulaski county, 175 Consolidating so far as relates to the county of Troup, 168 Repealing the act consolidating, so far as relates to Camden and Jefferson, 169 TAX COLLECTORS Insolvent list of, of certain counties to be examined, 170 Insolvent list of Columbia county, 170 Taxable property of the county of Cobb Compelling residents to give in and pay tax on such property in said county, 171 POLL TAX To exempt from, all free white persons of sixty years of age, and upwards, 171 TAX Amendatory of an act of 23d December, 1840, imposing, for support of Government, 172 To levy and collect for the political year, 1843, 172 Collector of Richmond county To collect in specie paying banks, 173 Extra To levy, on the citizens of Murray and DeKalb, 174 Extra To levy, on the citizens of Pulaski county, 175 TOBACCO Inspection To establish in the town of Rome, c., 176 U. USURY Plea of, the mode of discovering the truth or falsehood of, 178 V. VOLUNTEER COMPANIES See Militia.

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INDEX TO THE RESOLUTIONS. B. BANKS CENTRAL BANK Relative to transferring to H. W. Jernigan a part of the liability of the Bank of Columbus, 207 GEORGIA RAIL ROAD AND BANKING COMPANY That the Treasurer allow a credit to, 187 BERRIEN, JOHN M. Address of, Committee's report and resolutions concerning, 195 C. COUNTIES AND DISTRICTS Certain, to be furnished with copies of Georgia Justice, Prince's Digest, c. 188 , 201 , 204 , 208 CLAIM Against the United States, adjustment of, and relative to opening a correspondence with M. St. Clark, concerning 197 On the General Government calling upon the Georgia Delegation in Congress for documents supporting Capt. Jernigan's, and to demand payment of, 207 D. DOCUMENTS, PUBLIC Requesting the Governor to have collected, arranged, bound, c., 207 DIGBY, BERRY T. Governor requested to draw his warrant in favor of, 110 E. ELECTION Senator in Congress, relative to election of, 189 Relative to election of Treasurer, 193 Relative to election of Treasurer, Major General of the 8th Division, 193 Relative to election of State Printer, 194 F. FASTING, HUMILIATION AND PRAYER First Friday in May next, day of 203 G. GRIFFIN, CHARLES M. Relative to refunding amount of tax illegally assessed, 194 H. HAYNES, THOMAS Relative to collecting amount of defalcation of, 189 Relative to notes in the vaults of the Treasurer, supposed to belong to, 199 J. JACKSON, ANDREW Fine imposed on, at New Orleans, Committee's report on, 182 Instructing our Senators and Representatives in Congress to urge the passage of a law refunding, c., 184 L. LAND Georgia's interest in lot of, in Coweta county, to sell, 191 M. MAIL ROUTE To establish, from Clarksville, Ga., to Ashville, N. C. 206 MARTIN, WILLIAM Governor authorized to pay funeral expenses of, and to have the grave enclosed with a monumental tomb, 209 N. NEGROES FREE NEGROES Massachusetts resolves against the imprisonment of, Committee's report on, 181 Not citizens under the Constitution, 182

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P. POOR SCHOOL FUND Of Thomas county To pay over to one of the Representatives of, 198 R. RAIL ROADS WESTERN AND ATLANTIC Report of the Joint Select Committee appointed to examine the doings of commissiioners of, 209 Relative to the books, papers, vouchers and effects of, 186 REPUDIATION OF STATE DEBTS The State of Kentucky's preamble and resolution against, Committee's report on, 185 S. STAGE LINE between Spring Place and Gainesville Relative to the extending of, to Pendleton, S. C. 196 STATUTES, PUBLIC William A. Hotchkiss's plan to compile, collate and digest, Committee's report on, 190 SKIDAWAY NARROWS Relative to navigation of, 200 T. TAX Execution issued for, against any Bank in this State, to appoint a proper person to attend sales under, 199 Execution for, against several Banks, to suspend, 200 TREASURY Assets of, The Treasurer to report to the Comptroller General the amount of, at the time of the death of T. Haynes, c. 203 W. WHITTINGTON, FADDY J. Authorising the Comptroller General to allow a credit to, 194 WILLIAMS, WILLIAM Relative to refunding to, a tax improperly paid, 192